Donald J. Hamman

Donald J. Hamman is a founding partner of Stuart Kane LLP, and practices in the Litigation group.

Mr. Hamman is a successful trial and appellate attorney, with extensive experience in mediation, binding and non-binding arbitrations, settling cases, and handling writ, jury and bench trials and appeals in complex business litigation, real estate litigation, employment litigation and environmental disputes in, among other venues, the following:

• Orange County
• Los Angeles County
• San Diego County
• Riverside County
• Contra Costa County
• San Bernardino County
• United States District Court -Southern District of California
• United States District Court – Central District of California

Cases Mr. Hamman has litigated include:

• Shareholder, partner, member, investor and lender disputes including receivership proceedings
• Disputes regarding the sale “as is” of contaminated real property
• Disputed rights of refusal or buy/sell agreements, options, “puts” or “calls”
• Breach or delayed performance, nondisclosure or insufficient disclosures in connection with purchase and sales contracts• Commercial and industrial landlord/tenant disputes
• CAM charge, operating expense and accounting lawsuits• Eminent domain and condemnation cases representing agencies taking property and property owners and tenants whose property was being taken• Disputed mergers, acquisitions, sales and commercial setoffs
• Breach of covenants not to compete
• Loan and lien foreclosures, including mechanics liens, mortgage and tax credit financing
• Enforcement of personal guaranties
• Construction claims against subcontractors and design professionals
• CC&R, REA, and easement disputes in commercial and residential settings
• Contamination remediation cost-recovery actions including CERCLA/Superfund, RCRA, state law claims and claims for stigma damages
• Evictions
• Americans with Disabilities Act lawsuits
• Actions for commissions, and alleging fraud, non-disclosure and breach of fiduciary duty by brokers, agents, and sellers
• Challenges to bond issuances, low-and-moderate-income housing fund expenditures, and other city and redevelopment agency programs
• Trade secret and unfair competition lawsuits
• Wrongful termination, constructive termination, and claims for unpaid wages

Mr. Hamman’s litigation practice includes representing managers, owners, developers, venture capitalists, property buyers and sellers, landlords, tenants, investors, title companies, real estate brokers and agents, design professionals, banks, lenders, borrowers, guarantors, redevelopment agencies, cities, contractors, manufacturers, civil engineers, corporations, LLCs, partnerships, joint ventures, LLPs, law firms, and others.

Recent Business Litigation Cases

• Shopping center owner in negotiation of nominal settlement with “serial plaintiffs” for alleged Americans with Disabilities Act (ADA) violations.
• Yacht broker in a trademark infringement and commissions dispute with a yacht manufacturer in a trial and on appeal.
• Property owner in a negotiations of eviction dispute with restaurant franchisee tenant that resulted in tenant quickly vacating the property at minimal expense to both parties in trial court and on appeal.
• Southern California construction company in dismissal of a lawsuit against the company’s pension plan for claims of embezzlement, conversion, fraud and negligent misrepresentation.
• Residential real estate developer in shareholder derivative lawsuit alleging improper expenditures by the managing member of the LLC in Orange County Superior Court.
• Commercial real estate owner and developer in civil lawsuit concerning the effect of a loan foreclosure on an option and prior lease.
• Commercial real estate owner in obtaining order to expunge or remove a lis pendens.
• Commercial real estate owner in negotiating settlement to preserve claims against a title insurance company during pending appeal by occupant.
• Principal whose consultant engaged in the unauthorized practice of law in a motion for a right to attach order and writ of attachment.
• Landlord and owner of commercial and industrial building in a breach of lease dispute.
• Investor in high tech start up company in a dispute over $390,000 in convertible debt.
• Biotechnology company tenant in an eviction dispute and negotiation of reduced lease space that allowed for additional capital for research and development efforts.
• Shareholder in a security bond dispute in San Bernardino Superior Court.
• Developers whose loan guarantee modification a lender tried to avoid.
• Shopping Center owner whose ground lease was assigned without consent.
• Partners, LLC managers, general and limited partners in disputes concerning management, expenditures, fees, refinances, etc.
• Developer whose attorney was disqualified by LLC member suing the managing member.
• Tenant accused of failing to repair docks and buildings before delivery possession to a ground lessor.
• Landlord accused of overbilling CAM charges.
• Owners and operators accused of contribution to soil and ground water contamination.

Mr. Hamman’s appellate work includes being the attorney of record on many unpublished appellate opinions, and on the following published opinions from the Courts of Appeal:

• Havasu Lakeshore Investments, LLC v. Fleming (2013) 217 Cal.App.4th 770• Gray v. McCormick (2008) 167 Cal.App.4th 1019
• Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc. (2007) 158 Cal.App.4th 479
• Millikan v. American Spectrum Real Estate Services California, Inc. (2004) 117 Cal.App.4th 1094
• Craig v. City of Poway (1994) 28 Cal.App.4th 319• ABS Institute v. City of Lancaster (1994) 24 Cal.App.4th 285
• Linborg-Dahl Investors, Inc. v. City of Garden Grove (1986) 179 Cal.App.3d 956Mr.

Hamman has taught continuing legal education courses and seminars for city staffs and consultants, attorneys, small community groups, the National Association of Certified Valuation Analysts, the Orange County Bar Association (OCBA), and the National Association of Purchasing Management. His litigation courses covered topics including:

• Environmental law
• Eminent domain law
• Jury selection
• Effective use of paralegals
• Business Law
• Contract law
• Deposition techniques

He also has served as a Judge Pro Tem for the Orange County Superior Court, regularly speaks at the OCBA’s “Bridging the Gap” programs for newly admitted attorneys, and served as a member and chair of the Orange County Bar Association Judiciary Committee. Mr. Hamman has served on the Board of Directors of the Orange County Chapter of the American Heart Association for the past several years, and was Chairman of the Board from 2013-2014.