Rossi, Hamerslough, Reischl & Chuck

Bios

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  Ronald R. Rossi

  Attorney

  Specializing in the practice of Real Estate and Business Litigation, Ron Rossi's expertise amounts to tremendous success both in and out of the legal profession. As a decorated attorney, he has prevailed in countless lawsuits, handling incredibly diverse disputes and transactions. As an expert on Silicon Valley Real Estate, Ron has served on many committees for the California Association of Realtors (C.A.R.) and has represented the National Association of Realtors (N.A.R.). Furthermore, Mr. Rossi has shared his insight through a variety of real estate law courses at a local law school, junior colleges, and continuing education programs for attorneys. For ten years, Ron was published bi-weekly in the San Jose Mercury News, single-handedly creating the "Real Law" column in order to offer accessible legal advice. Readers appreciated his insight on both commonplace issues and unusual hiccups in the Bay Area Real Estate market, helping buyers, sellers, and agents avoid preventable litigation. Ron's trademark work ethic and remarkable ambition have been striking through his entire career. Starting with his part-time practice of selling and managing real estate during law school, Ron continues to go above and beyond as a founding member of the firm. Today, he is happily married and the proud father to three adult children. He continues to live in Saratoga after 25 years and enjoys skiing, weight lifting, boxing, and backpacking. Notable Litigation ASNM, LLC, et al. v. Jane Sun, et al. (Santa Clara County Case No. 19CV360605) Ron served as counsel in a suit brought on behalf of Plaintiffs who were commercial tenants at a property owned by Defendant landlords. Plaintiffs’ claims were for breach of lease and intentional interference with prospective economic advantage, arising out of Defendants’ unreasonable refusal and delay in consenting to certain subleases. The jury found unanimously in favor of our clients after the 2.5 week trial, awarding them damages of $2,664,000 after less than three hours of deliberation. The jury also awarded punitive damages of $9,000,000 after less than forty minutes of deliberation. Jewell v. Phillipps, et al. (Santa Cruz County Case No. 21CV00986) Ron represented two homeowners in Boulder Creek against neighboring property owners who had sued our clients for breach of an easement agreement for ingress and egress over the neighboring property. Our clients maintained a cross-claim for harassment, elder abuse, invasion of privacy, and assault. After a five-day jury trial, the jury found in favor of our clients, awarding them damages of $165,000 for pure emotional distress, and also made a finding that our clients were entitled to punitive damages. Before the bifurcated punitive damages phase began, the parties settled on confidential terms. Liu v. Wong, et al. (Santa Clara County Case No. 20CV367132) Ron represented a borrower in a complicated claim of usury law violations against a private lender. The defense claimed that the subject loan was made or arranged by a licensed real estate broker as an exemption to usury. This defense was rejected by the judge and our client prevailed after a one week bench trial. Nvidia Corporation, Inc. v. Extreme Networks, Inc. (Santa Clara County Superior Court Case No. 1-01-CV-803483). Ron defended a multinational software company in a lease dispute, reaching a confidential yet notable settlement. Lewis v. Pico Ranch, Inc., et al. (Santa Clara County Superior Court Case No. 1-02-CV812971). Ron represented a purchaser of commercial property in San Jose who sued the seller for fraud and concealment. The seller failed to disclose that the standing tenant was going out of business and rescinding its long-term lease, concealing the tenant's letter announcing its shutdown. After a two-week trial, the court tentatively ruled that the principals were liable for fraud and damages in excess of $1 million. Sellers agreed to settle for the full amount plus all attorneys' fees before the court rendered its final opinion. Smith v. DiNapoli (Santa Cruz County Superior Court Case No. 1-03-CV009914). Ron represented the seller of high-end residential property suitable for subdividing against the real estate broker who acted as a dual agent in the transaction (representing both the buyer and the seller). The agent failed to properly prepare the contract providing seller would be paid additional compensation upon approval of the lot split. Seller recovered almost $1 million from the broker. DeMattai, et al. in re: 506 University Avenue (non-litigation). Regarding the purchase and development of a Los Gatos property, Ron assisted a major building contractor in buying out his partners' interests.

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  Link: Ronald R. Rossi

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  David Hamerslough

  Attorney

  In his 44 years of practice, Dave Hamerslough has litigated and arbitrated residential and commercial real estate disputes on behalf of brokers and agents, buyers and sellers, and landlords and tenants. He teaches courses and writes articles on these subjects for brokers, agents, attorneys, and consumers. Dave also acts as mediator and arbitrator of real estate disputes. He is admitted to practice in all California courts.

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  Link: David Hamerslough

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  Samuel A. Chuck

  Attorney

  Distinguished as a named partner and elected firm president by age 35, Sam's trademark work ethic and exceptional problem-solving are indicative of his success. Sam has been repeatedly honored as a top real estate and business trial lawyer by San Jose Magazine, as well as inducted into the Million Advocates Forum. He has also received the distinction of Northern California "Super Lawyer" from San Francisco Magazine each year from 2004 through 2024. Although based in Santa Clara County, Sam's practice extends throughout the state, where he has negotiated the sale of a multi-million dollar agricultural business in San Benito County and represented a state court-appointed receiver in the dissolution of a wine business in San Francisco County. In 2013, he successfully represented a plaintiff seeking a multi-million dollar award in a multi-week jury trial in Monterey, California. Furthermore, in California at large, Sam has defended a professional NFL quarterback in San Diego Superior Court, resolved a multi-million-dollar partnership dispute in Malibu, and counseled clients regarding the acquisition and development of properties in the greater Palm Springs area. Notable Transactions One South Market, San Jose Sam represented the property owner during the entitlement and sale of the property whereupon it was transformed from a 2-story aging structure into a 23-story downtown mixed-use residential tower. Sam was also involved in representing the construction manager on the 225,000-square-tower project. Silvery Towers, San Jose Sam represented the developer in the acquisition, entitlement, and sale of Silvery Towers, which transformed vacant land and a former night club into two 20+ story towers of mixed-use residential development. Morgan Hill Residential Development Sam represented a local farming family during its entitlement, subdivision, and sale of approximately 120 acres in Morgan Hill, California. This 200+ unit project is currently under construction. 101 and 152 Interchange Development - Gilroy Sam represented the property owner during the entitlement, subdivision, and development of the Costco and Super Walmart properties located in Gilroy, California at the 101 and 152 Interchange Development.

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  Link: Samuel A. Chuck

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  Richard B. Gullen

  Attorney

  For over 35 years, Rick has delivered optimal cost-efficient solutions for his real estate and business clients, whether through negotiating and drafting complex transactions, or litigating contentious disputes. Rick has handled a wide variety of matters for a broad spectrum of clients including investors, developers, builders, contractors, homeowners, brokers, lenders, borrowers, landlords, tenants, debtors, creditors, and title companies. Over his career, Rick has successfully tried dozens of real estate and business disputes involving millions of dollars in damages. Rick represents clients in commercial transactions through the acquisition, due diligence, management, sale, and exchange stages of investment properties and businesses. This includes forming entities, negotiating and drafting purchase agreements, development agreements, partnership agreements, CC&Rs, easements, leases, options, assignments, non-competition agreements, promissory notes, deeds of trust, security agreements, and subordination agreements. In 2013, Rick was appointed to the Planning Commission for the City of Gilroy, and elected Chairman in 2015. As Chairman of the Planning Commission, Rick has specialized knowledge and experience regarding the process of obtaining development and land use entitlements, including tentative maps, building site approvals, zone changes, conditional use permits, certificates of compliance, and variances. San Jose Magazine consistently recognized Rick as one of Silicon Valley's Top Attorneys. Rick is a regular guest speaker at real estate firms, and on local television and real estate radio shows. Rick's successful litigations include: Grammer v. Williams (JAMS) (2015): Won a binding arbitration in which the client seller was awarded the full amount of the buyer's deposit as liquidated damages, plus attorneys' fees and costs, after the buyer wrongfully cancelled the sale. The arbitrator rejected the buyer's argument that the client seller was unable to deliver marketable title because certain appurtenant easements over neighboring properties were junior to the neighbors' deeds of trust. The arbitrator found that the neighbors' deeds of trust were not liens on the easements, but rather other exceptions, and that the buyer had agreed to take title subject to those exceptions. Van Buren Estates Lenders, LLC v. Van Buren Estates Partners, L.P., et. al., in Riverside County Superior Court, Case No. INC 1206888 (2015): Won a summary adjudication, and defeated the subsequent appeal by the losing party, confirming that our client's $10.45 million dollar deed of trust was secured against title insurance proceeds as additional collateral that the borrower obtained through a settlement, and that our client's lien had priority over a competing creditor who obtained a junior attachment lien against the same title insurance proceeds. Joseph A. Sands Jr. v. Boulevard Brokerage Group, Inc., dba Re/Max Commercial, et. al., in Los Angeles County Superior Court, Case No. LC088242 (2013): Overturned on appeal a summary judgment against our client, a real estate investor who was defrauded into buying commercial real property in Colorado by several brokers who continued to advise the client to invest additional sums even though they knew the rental income was substantially less than as represented. Van Zant v. Testate & Intes, in Calaveras County Superior Court, Case No. SCV39145 (2013): Obtained quiet title judgment against 15 parties based upon adverse possession of 160 acres of land which had not been probated or otherwise transferred in over 100 years. Frangadakis v. Teresa Rodgers, et al., in Santa Clara County Superior Court, Case No. 113CV252873 (2013): Recovered full commission for a broker whose exclusive irrevocable listing on a property in Saratoga was prematurely and wrongfully terminated by the successor trustee of a trust. Chan v. Tompane, in Santa Clara County Superior Court, Case No. 106CV075449 (2010): Won a binding arbitration award on behalf of a homeowner in Los Altos Hills against the seller/neighbor to set aside parking easements wrongfully recorded at close of escrow without consent, plus damages and attorney's fees of $340,238, in addition to a settlement with the escrow company in the amount of $225,000.

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  Link: Richard B. Gullen