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PAYMON P. HIFAI, ESQ.

PARTNER
Email: phifai@hornerlawgroup.com

AREAS OF PRACTICE

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Mr. Hifai has extensive real estate litigation experience including commercial lease disputes, landlord-tenant litigation, quiet title and partition actions, breach of lease and guaranty, broker liability, easement and boundary disputes, lien and ownership disputes, title and escrow disputes. In addition to his real estate experience, Mr. Hifai represents individuals and companies in a variety of business disputes including corporate litigation, shareholder and member disputes, business torts, fraud, unfair business practices, trade secrets, and financial elder abuse.

Mr. Hifai assists building owners, landlords, tenants, brokers, investors and developers, induvial business owners to Fortune 500 companies with respect to their legal issues, disputes, and litigation. A mainstay of his practice is representing building owners, landlords, and property managers in commercial lease issues and litigation and landlord-tenant related matters. Mr. Hifai has successfully prosecuted 200+ commercial lease actions including commercial unlawful detainers, enforcing contract obligations, as well as negotiating, pursuing and successfully collecting upon tenant/guarantor lease liability.


He appears and argues in Federal Court, Bankruptcy Court, and Superior Courts throughout California on behalf of his clients.

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Recent Litigation Highlights


In his near decade of litigation experience, Mr. Hifai has trial, arbitration, and appeal experience, which include:

 

  • After a recent court trial, Mr. Hifai successfully obtained a six-figure money judgment in favor of his client and title to the real property in a real estate fraud case, with the Court voiding numerous purchase and sale documents in favor of his client.

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  • Mr. Hifai recently obtain a summary judgment for a commercial landlord in an unlawful assignment case and obtained a near seven figure judgment which was defended on appeal.

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  • Mr. Hifai prosecuted a real estate fraud action and obtained near seven-figure judgment which was upheld when challenged post judgment and on appeal.

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  • Mr. Hifai obtained a seven figure attachment order in a real estate fraud case.

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MEMBERSHIPS

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Mr. Hifai is currently on the Board of the Oakland/Eastbay Building Owners and Managers Association and Co-Chair of its Advocacy and Legislative committee where he advises and advocates on behalf of commercial real estate owners and stakeholders on legislative policy and action. Mr. Hifai is also a member of the Real Estate Section of the Contra Costa County Bar Association.

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PUBLICATIONS AND ENGAGEMENT

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In addition to numerous speaking engagement to those in the real estate industry, Mr.
Hifai's articles include the following:

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  • Article: "Creditors Beware - Greater Protection Under The Law Is Now Afforded To A Third-Party Transferee Defending Against A Fraudulent Transfer Claim" - January 2018

  • Article: "Lease Purchase Options" - May 2018

  • Article: "Seller's Failure To Disclose" - July 2018

  • Article: "A Perceived Ambiguity As To When Entitlements Were Obtained Triggering Buyer's Payment Obligation To Seller Led To A Developer Not Being Able To Prevail On A Claim For Specific Performance Of A Purchase And Sale Agreement" - September 2018
     

PRIOR EXPERIENCE

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Prior to joining Homer Law Group, Mr. Hifai was an attorney at a Silicon Valley law firm specializing in Business/Commercial Litigation and General Liability Litigation. 

 

EDUCATIONAL HISTORY

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Mr. Hifai received his J.D. degree from the Santa Clara University, School of Law in 2015 where he was awarded the Emery Law Scholarship on the basis of academic achievement and professional promise and selected to the Dean's Honors List. He also served as a Board Member for the Santa Clara Law Middle Eastern Law Student Association and volunteered at the Katharine & George Alexander Community Law Center where he provided pro bono employment law related legal representation and advice to low-income and underserved clients under the supervision of an attorney. Mr. Hifai received his Bachelor of Arts from the University of California, Riverside and a selected to the Dean's Honors List.

 

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