Christian P. Foote is a member of Carr McClellan’s Real Estate and Litigation groups.  Chris’s real estate practice focuses on sophisticated commercial real estate matters, including purchase and sale agreements, lease agreements (representing both landlords and tenants), title issues, easements, and construction contracts. He also represents borrowers in financing transactions including loan assumptions, construction and permanent real estate financing, and all aspects of due diligence. He has worked with many types of properties, including office buildings, industrial facilities and warehouses, retail shopping centers, hotel and resort properties.

Chris’s recent transactional matters include representing a borrower/developer with respect to $26 million construction loan for a US government office building in South San Francisco; helping a large grocery chain with the disposition of all of its supermarkets in California; assisting a buyer in the purchase of a 30,000 sq ft. industrial building in Corona, CA; and representing a seller in the sale of a prime commercial lot on El Camino Real in Los Altos, CA.

Chris’s litigation practice focuses on real estate and commercial litigation, creditors’ rights, workouts and corporate litigation. He represents regional and national companies, lenders, borrowers, real estate owners and developers, and commercial landlords and tenants.  He prosecutes, defends and advises on commercial mortgage and UCC foreclosure actions, vendor-purchaser litigation, commercial landlord-tenant matters, valuation proceedings, environmental/CERCLA litigation, zoning, title and land use issues, and general commercial torts.

Key Areas

  • Real Estate Finance and Transactions
  • Real Estate Litigation
  • General Business Litigation

Experience & Affiliations

Representative Matters

  • Absolved REMIC trust investors from liability on claims of retaliatory eviction and habitability following trust's successful foreclosure on an apartment complex in Pittsburg, California. Successfully negotiated a settlement that required no financial contributions from investors.
  • Obtained a dismissal with prejudice on behalf of a lender of a high exposure lawsuit in connection with a failed construction project located in Los Angeles, California.
  • Represented CMBS special servicer in litigation with commercial borrower; successfully established full recourse liability due to breach of "special purpose entity" provisions of loan documents.
  • Represented seller of commercial property in buyers' claims asserting various nondisclosures regarding covenants in tenants’ leases.
  • Advised financial institutions and bankruptcy trustees regarding lender and trustee liability issues arising from environmental laws such as CERCLA and California’s Porter­-Cologne Water Quality Act.  Guide decision­ makers regarding necessary timelines for disposition of property before environmental liability incepted.
  • Represented a Chapter 11 liquidating trustee in fraudulent conveyance and other claims arising from failed bitcoin mining manufacturing company.
  • Obtained multi-million dollar jury verdict in federal district court trial involving CERCLA and related state claims regarding disputed source of industrial solvent contamination; further obtained order resolving cross-complaint for CERCLA contribution in favor of client.
  • Obtained beneficial settlement for a Southern California film school in environmental contribution action under CERCLA against large manufacturer, which had sold client land for expansion. Obtained contribution for environmental cleanup costs despite adverse language in land sale contract negotiated by prior counsel.
  • Obtained dismissal with prejudice for national bank in foreclosure action centering on retroactive effect of Dodd-­Frank as it related to preemption of state law under the Home Owner’s Loan Act and National Bank Act.
  • Represented developer in obtaining conditional use approval for 13­story, 255,000 gsf mixed use (retail/commercial/residential) building with a parking garage for over 370 cars at Van Ness Avenue. Further assisting with environmental review application documents, calculation of development impact fees, and affordable housing matters.
 

Professional Organizations

  • California Bar Association | Real Estate and Business Law Sections
  • San Mateo County Bar Association, Membership Committee
  • Urban Land Institute, Member

Civic and Charitable

The Guardsmen of San Francisco

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