Estate Planning, Trusts & Probate
Gregory R. Ryan - Senior Partner
Wayne B. Brosman - Partner
Sepideh Yermian - Associate
Bahij Joseph - Associate
Ryan & Associates employs a trial practice group comprising of Wayne Bennett Brosman and Kamyar Shayan. The trial group routinely arbitrates security deposit and sales disputes mandated by the American Industrial Real Estate Association’s contract forms in the purchase and sale of commerical and industrial property. Mr. Brosman has filed hundreds of judicial foreclosure and quiet actions, seeking and obtaining receivers and injunctions. Mr. Brosman has also filed hundreds of commercial evictions, tried dozens of them, where the firm appears for both landlords and tenants. The firm has brought and defended sales “disclosure” disputes, giving rise to broker malpractice claims. The firm has prosecuted claims for unpaid brokerage commissions, often arising from delisted properties, on the one hand, or from one brokerage house circumventing the listing agreement of another brokerage house, on the other hand.
The Trial Practice Group defends lawsuits brought under the American with Disabilities Act and the Unruh Civil Rights Act, which together allow disabled people to bring lawsuits to enforce the Division of the State Architect California Access Compliance Reference Manual (California) and the American with Disabilities Act Standards for Accessible Design (Federal) against all business establishments which provide accommodations to the public. Real Estate investors cannot obtain insurance coverage without having purchased an additional insurance rider.
The Trial Practice Group tries and resolves partnership and corporate dissolutions, involving forensic accounting and fraud investigations. As an offshoot to its forensic and fraud accounting practice, the group assists with marital dissolutions and property settlements. The Group is thoroughly familiar with business ledgers, bookkeeping and accounting practice, and trade secret principals.
The Trial Practice Group tries disputes arising from the sales of businesses and franchises. Trials arising from business sales involve fraud and nondisclosure claims, often with fraud examinations of financial records. Such sales usually involve security agreements for personal property and accounts receivables with financial statements (UCC-1) being recorded with the California Secretary of State. The Group prosecutes and defends applications to enforce such security agreement by way of a Right to Attach Order and Temporary Protective Order, giving us experience with the specialized rules and customs of specialy attachment departments.
The Trial Practice Group assists with collections - for creditors – and corporate dissolution and restructuring under California laws – for debtors. Often, this involves prosecuting and defending collection cases for trade debt. The firm represents construction companies in collections against property owners and subcontractors. The Group often collects future rents and repairs owing by tenants after their eviction case is over. The Group’s collection practice extends after entry of judgment, and into the analysis of business ledgers for unlawful disbursements and improper insider compensation.
The Trial Practice Group uses its experience in real estate and construction to help consumers prosecute shoddy construction in their homes and investment properties. Mr. Shayan has tried consumer protection cases to jury involving insurance company defense lawyers. The Group has an ongoing construction defect practice. The Group assists enforcing insurance company policies by tendering claims, arrainging insurance coverage, and ensuring the appointment of insurance defense counsel. Mr. Shayan has settled insurance bad faith claims against insurance companies which denied coverage.
The Trial Practice Group prosecutes and defends overtime and commission disputes, both at the Department of Industrial Relations’ Labor Board, and by trial in the Superior Court. Overtime disputes often involve false, incomplete, or poor record keeping practices. We advise employers on proper record keeping and overtime procedures.
The Trial Practice Group advises institutional property management companies and private landlords on risk avoidance strategies. We routinely give advice on landlord-tenant disputes, vendor and maintenance agreements, and neighbor and boundary disputes, so that our clients may avoid the time and expense of lawsuits.
The Trial Practice Group assists with collections in Bankruptcy. Mr. Brosman brought hundreds of Motions for Relief from the Automatic Stay for lenders secured by mortgages. Today, most business reorganizations go by way of California’s laws of corporate dissolution and payment plans garnered in Superior Court lawsuits.