California Property Tax Attorneys

Property Tax Appeal Attorney Samuel A. Chuck




Sam Chuck Real Estate Lawyer

Property Tax Attorney

Rossi, Hamerslough, Reischl & Chuck

Samuel A. Chuck

1960 The Alameda
Suite 200
San Jose CA 95126
Tel: (408) 261-4252
Fax:(408) 261-4292

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http://www.rhrc.net/Bio/SamuelChuck.asp

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Description of Law Firm

Rossi, Hamerslough, Reischl & Chuck provides clients with efficient and effective solutions for their real estate needs through their lawyers' extensive expertise, understanding of client goals, and proven track record. Known for their innovative teamwork approach as well as their aggressive and vigorous client representation, RHRC's real estate lawyers are some of the most talented, experienced attorneys in the industry.

Description of Attorney

Sam’s real estate and business expertise assist him in his notable real estate practice. He has extensive experience in commercial and residential development transactions, including representing developers in purchase and sale agreements, obtaining entitlements, coordinating and documenting development agreements, resolving land use and title issues, and negotiating long-term leases. Sam has also enjoyed success in various real estate litigation cases, obtaining several awards in excess of $1 million.

Elected partner in the law firm at age 31, voted president at age 33, and distinguished as a named partner at 35, Sam has been repeatedly honored as a top real estate and business trial lawyer by San Jose Magazine, inducted into the Million Dollar Advocates Forum, and has consecutively received the distinction of Northern California “Super Lawyer” from San Francisco Magazine from 2004 to present. While he is a native of Santa Clara County, Sam's practice extends throughout the state where he has successfully defended a professional NFL quarterback in San Diego Superior Court, resolved a multi-million-dollar partnership dispute in Malibu, advised and counseled clients with respect to the acquisition and development of properties in the Palm Springs area and advised and counseled clients in the purchase and sale of hundreds of acres of land acquired for residential development. Sam also obtained a $2.1 million award for a Sacramento apartment complex owner in a lender’s bad-faith claim and won an arbitration award of $1 million for buyers whose real estate agent and broker failed to protect them in the purchase of a home in the Los Gatosmountains. He also persuaded a jury to award punitive damages of $1.5 million against an insurance company that refused to provide complete fire insurance coverage.

HONORS:

Northern California Super Lawyer, San Francisco Magazine, 2004, 05, 06, 07, 08, 09, 10 and 11. Million-Dollar Advocates Forum, Lifetime Member Silicon Valley’s Top Lawyers, San Jose Magazine, 2000-2008 Top 40, Under 40, San Jose Business Journal, 2005

COMMUNITY INVOLVEMENT

Board of Directors Housing Industry Foundation Judge pro tem, Santa Clara County Superior Court Hearing officer, Santa Clara County Tax Assessor’s Appeals Board Former Executive Board Member, Bay Area Women’s Sports Initiative

 

NOTABLE LITIGATION

In re: James H.  Baron, as Receiver v. Fire Insurance Exchange, et al.  (Santa Clara County Superior Court Case # 1-03-CV-817085, Court of Appeal, Sixth District Case #  H029830). 
Successfully represented a Court-ordered Receiver in a case against a major insurer for its failure to pay complete coverage on a fire insurance policy.  The insurance company’s adjuster had referred the Receiver to a contractor allegedly on its “approved” “contractor’s list.”  The Receiver hired the contractor to perform the fire damage repairs on the insurance carrier’s recommendation.  The contractor walked off the job, absconding with a portion of the insurance benefits which had been paid.  The carrier then refused to pay further policy benefits and denied further coverage, refusing to pay even the policy benefits it had agreed were owing forcing the Receiver to hire a new contractor funded by Receiver certificates.  After a two-week jury trial, the jury awarded damages plus $1.5 million in punitive damages.  After the Receiver then successfully moved for an award of attorney’s fees, a total judgment of $2.1 million was entered against the insurance company.  The award was successfully affirmed on appeal in a published decision.

Morter, et al. v. Thunderbird Realty, et al.(Santa Cruz County Superior Court Case #CV136523)
- obtained a judgment of over $1 million for homeowners who were not adequately represented by their real estate agent.

Mavin Income Fund v. Chang (Sacramento County Superior Court Case #96-AS05978, California Court of Appeal Case #C031484)
- won a $2.1 million award for an investment group that provided seller financing to an apartment owner who failed to maintain the property.

Overland Development v. Gilroy Presbyterian Church
- successfully represented developer in binding arbitration for lost profits arising from seller’s breach of real estate sales contract, obtaining a judgment of approximately $1 million.

Daheb v. Kim (San Mateo County Superior Court Case # CIV 420013)
- defeated a claim brought by a buyer alleging misrepresentation and construction defects in a $2 million custom home.

Casitas DelMarTownhouse v. Dimick(Santa CruzCountySuperior CourtCase #CV157522)
-successfully affirmed on appeal (Cal Court of Appeal 6th District Case No. H034981.  Sam represented nine condominium owners in their home owners association in successfully extinguishing a recorded driveway easement located on a portion of their residential property.  The condominiums, located immediately adjacent to the Pacific Ocean in Santa Cruz, were encumbered by a 15-foot driveway easement for the benefit of the adjoining property owners.  Access to the easement had been blocked by parked cars and an access gate for an extended period of time.  The HOA filed an action to establish that the recorded easement had been extinguished by adverse possession.  After a bench trial in Santa Cruz County Superior Court, Sam clients prevailed and the easement was extinguished.  On appeal, the 6th District Court of Appeal affirmed the trial court’s ruling and established that the easement had been extinguished. 

Cordova v. Garcia (San DiegoCountySuperior CourtCase # C09236)
- parties entered into an option agreement permitting the plaintiff to purchase a single-family house in a new, high-end, residential development in the San Diego area.  When the plaintiffs lacked sufficient financing to acquire the home, they filed suit alleging that they were entitled to a return of their option consideration of $125,000.  Sam successfully defended the property owner in establishing that the option consideration was earned upon receipt and could be retained by the property owner.  After a 3-day bench trial in San Diego County Superior Court, the Court issued a detailed decision confirming that Sam’s clients had performed all terms and considerations of the contract and were entitled to retain the option consideration.  Appeal is pending on this matter.

Saucito Land Company et al. v. Barlocker Insurance(Santa Clara County Superior Court Case No. 108CV115330)
- Sam represented property owners who had retained an insurance broker to secure property coverage insurance for their commercial properties.  Although the insurance broker was advised that the insurance coverage on two properties was inadequate, the broker failed to advise Sam’s clients of the insufficient coverage.  One of the two properties with insufficient coverage was lost to a fire.  Sam prosecuted the action against the insurance broker alleging

NOTABLE TRANSACTIONS

Denise and Filice Packing Company
- handled the sale of the world’s leading red-onion grower and packer to a multinational farming conglomerate.

HWY 152 & HWY 101
- represented property owner in multi-phase sale/development at Highway 152 and Highway 101 in Gilroy, California, involving Costco, Loews, and Super Walmart.

Reno Shopping Centers
- counseled developers in the purchase, development, and leasing of several shopping centers in the greater Reno area.

Palm Springs Area Retail Developments
- represented developers in the acquisition, entitlement, sale and leasing of several large multi-tenant commercial developments in the Palm Springs area.

Residential Developments
- negotiated, documented, and advised developers in the acquisition of raw land, entitlement thereof, and sale for residential development.

PUBLICATIONS
Sam has contributed articles to Bay Area Lawyer magazine and the California Association of Realtors newsletter. He has answered real estate questions in the San Jose/Silicon Valley Business Journal “Q&A” column. Sam is frequently quoted in local and regional newspapers and publications regarding current real estate issues.

EDUCATION
Sam earned his law degree in 1991 at the prominent University of Southern California School of Law. During his studies, he was distinguished as chair of one of the school’s three honors programs – the Hale Moot Court Honors Program. Sam was also named a finalist in the school’s Moot Court Competition, marking him as one of the top four students in his class of 209. He was also tapped for the school’s National Moot Court Team.

Sam obtained his undergraduate degree in 1988 at CaliforniaPolytechnicStateUniversity in San Luis Obispo. While at the university, Sam was the recipient of the Wall Street JournalOutstanding Achievement Award and was inducted into the Mortar Board Senior Honor Society, which is reserved for the top 15-20 seniors at the university.


BAR ADMISSIONS
Sam is admitted to practice in all California courts, including the Ninth Circuit Court of Appeals.

Rossi, Hamerslough, Reischl & Chuck practices law in the following areas:

Real Estate Law - Business Law - Property Tax Appeals