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Lindborg & Drill LLP - Glendale Attorneys | 550 N. Brand Blvd. Suite 1830   Glendale CA 91203   Phone: (818) 637-8325 Fax: (818) 637-8376

Newsworthy & Noteworthy

MADRID, SPAIN LEGALINK CONFERENCE

Lindborg & Mazor LLP attorneys and their associates attended the Madrid, Spain Legalink conference, held May 22-24, 2014. The conference was a huge success with a record attendance of 89 delegates from 58 jurisdictions around the world. Highlights included a presentation by Carlos Espinosa de los Monteros, the High Commissioner of the Government for the Spain Brand and the presentation of the new Tunisian Constitution to the Legalink members.

Legislature Enacts Major Changes to California Statutory Remedies Law

Effective July 1, 2012, several major changes in the laws governing statutory remedies (mechanic's liens, payment bond claims and stop notice claims) will be taking place in California. These changes will affect how everyone in the construction industry in the state conducts business on a day-today basis and include everything from the form and service of preliminary notices to the content of statutory form releases of rights such as Conditional Releases Upon Progress Payment. If your forms and procedures do not conform to the new laws, you may very well lose your ability to enforce these remedies or hamper your ability to defend against them.

Note that some commercial suppliers of so-called "standard forms" have published documents which contain errors or which do not otherwise meet all of the new statutory requirements. You are urged to contact Lindborg & Mazor LLP today to make certain that your forms and procedures are ready for business on July 1, 2012!

L&M proudly represented SANDAG in its purchase of SR-125. After months of negotiations with South Bay Expressway, TIFIA and Caltrans, performance of legal due diligence and documentation of the acquisition, Peter Lindborg and Irina Mazor appeared before the SANDAG BOARD on December 16, 2011 and, after the Board voted unanimously to approve the purchase, ensured the successful closing of the transaction on December 21, 2011.

SANDAG Board Approves Purchase of SR-125 to Provide Traffic Congestion Relief to Spring Valley, South Bay -- SANDAG Press Release issued on December 16, 2011

The Board agreed to pay $341.5 million for the asset – roughly one-third of what a private consortium spent to build the toll road.

After a thorough due diligence process and public discussion, the SANDAG Board of Directors gave final approval today to buy the lease to operate the State Route 125 toll road from South Bay Expressway. The sale is expected to close Dec. 21.

"Buying the SR 125 franchise is one of the smartest moves we can make on behalf of taxpayers in this region," Encinitas Mayor and SANDAG Board Chair Jerome Stocks said. "As a result of the acquisition and our future action to swap projects in the South Bay, we will save the region $268 million and eliminate the need to condemn numerous homes and properties to condemn numerous homes and properties to expand Interstate 805. Just as importantly, we will bring congestion relief to the South Bay decades sooner than expected. Furthermore, the traveling public will benefit from lower tolls."

The Board agreed to pay $341.5 million for the asset – roughly one-third of what a private consortium spent to build the toll road. The facility stretches for about 10 miles through eastern Chula Vista from State Route 905 near the Otay Mesa Port of Entry to State Route 54 near the Sweetwater Reservoir.

Users of the toll road will notice no immediate changes to operations or the tolls. SANDAG has contracted with South Bay Expressway to continue operating the facility during a transition phase. SANDAG will oversee the operations.

In the coming months, after all the necessary elements of the transaction are completed, SANDAG expects to begin a process to lower tolls by 40 to 50 percent of the current rates. Reduced tolls are expected to attract more traffic to SR 125, relieving congestion on I-805 and reducing the need for some improvements there. (Construction will begin in 2012 on two carpool lanes – one in each direction – on I-805 in South Bay. However, the acquisition of SR 125 will make it unnecessary to add another two carpool lanes in the future, eliminating a large portion of the cost of expansion.)

The SANDAG finance plan calls for reducing the tolls on SR 125 as much as possible while still generating enough revenue to pay for operations and maintenance, debt service, future improvements, and contingencies.

Lindborg & Mazor LLP Succeed in Corporate Reorganization Battle

When disputes arise among shareholders in a closely-held corporation, things can get ugly in a hurry. A 50% shareholder in two significantly-sized southern California corporations turned to Lindborg & Mazor LLP after he had been completely frozen out of the management and control of those two entities. Using a combination of aggressive litigation and skillful negotiation, the lawyers of L&M were able to achieve a resolution of the dispute which netted our client all of the assets of one of the corporations and half of the assets of the other entity.

SANDAG AWARDS CONTRACT FOR ALL LEGAL SERVICES RELATED TO $750mm PROJECT TO LINDBORG & MAZOR LLP

Studies have shown that all border crossings between California and Mexico are congested and simply inadequate to meet 21st century demand. San Ysidro/ Tijuana, the existing international passenger land crossing along the United States-Mexico border is heavily congested and often clogged. The nearby Otay Mesa Port of Entry (POE) is accommodating the third highest dollar value of trade among all southern border POEs. More than 1.4 million trucks carrying an estimated $28.6 billion in goods crossed at the Otay Mesa POE in 2006 and that number is expected to double by 2025. Peak wait times for commercial trucks and passenger vehicles can last two to four hours costing the U.S. and Mexican economies an estimated $7.2 billion in gross output and more than 62,000 jobs.

In 2007, the San Diego Association of Governments (SANDAG) retained Lindborg & Mazor LLP (L&M) to perform a legal feasibility study concerning whether SANDAG, as a local governmental entity, could construct a new POE and related toll road, called SR 11, located east of to the existing Otay Mesa POE. L&M's work assisted in the State Department's issuance of a U.S. Presidential Permit for the proposed project and SANDAG resolved to proceed with this unique endeavor in order to meet the growing transportation needs of the 21st century.

In the summer of 2010, SANDAG issued an RFP for all legal services related to this ambitious project. L&M collaborated with its Legalink colleagues, Buchanan Ingersoll & Rooney and Capín, Calderón, Ramírez y Gutiérrez-Azpe to respond to the RFP and in November 2010, L&M is proud to have been awarded the project. To learn more about the project, please click on the links, below.

New border crossing designed to pay for itself

News Announcement

Lindborg & Mazor LLP Obtains 125% Settlement on Behalf of International Client
A foreign-based subcontractor retained Lindborg & Mazor LLP to represent it with respect to a claim against a U.S.-based prime contractor concerning a construction project in the Middle East. Although the project had been completed for several months, the U.S.-based contractor had ignored multiple requests for payment and had even refused to meet to discuss the claim. In analyzing the claim, L&M discovered that our client had undervalued certain elements of the claim and altogether omitted several others. After adjusting the claim for these elements, L&M filed an arbitration demand which resulted in an immediate response by the U.S.-based prime contractor, who requested that the parties commence negotiations concerning the claim. After several negotiating sessions, but without expending any significant expense in connection with the arbitration, Lindborg & Mazor LLP was able to secure a settlement payment for our client equal to 125% of the original amount of the claim.

Lindborg & Mazor Convince Court to Invalidate Stop Notices
A general contractor on a series of public works projects in southern California retained Lindborg & Mazor to represent it in a running dispute with a recalcitrant subcontractor. The subcontractor had served stop notices on each of the projects in an attempt to obtain leverage over the general contractor. The stop notices had the effect of freezing over $250,000 in payments otherwise due the general contractor. Employing a seldom-used provision of the California Civil Code, Lindborg & Mazor commenced a summary proceeding in the California Superior Court challenging the validity of the stop notices. The court held an accelerated hearing on the claim and, at the conclusion of the hearing, issued an order invalidating each of the stop notices on a variety of grounds.

Lindborg & Mazor Prevail on Appeal
A private developer contacted Lindborg & Mazor after a subcontractor obtained a mechanic's lien foreclosure judgment against the developer at trial. Lindborg & Mazor reviewed the record and the trial judge's decision and identified several legal issues upon which to file an appeal. Based upon the issues identified and developed by Lindborg & Mazor, the California Court of Appeal reduced the damage award against the developer by two-thirds.

Lindborg & Mazor Succeed at Mediation
The agency in charge of all major transportation projects in San Diego County recently chose the lawyers of Lindborg & Mazor LLP to represent its interests in a mediation involving a claim of over $13,000,000 brought by a contractor concerning the automated toll collection system used on all buses and trains in the county. Called in late in the claims process, the lawyers of Lindborg & Mazor literally worked around the clock to produce the agency's mediation presentation. In analyzing the claim, the lawyers of Lindborg & Mazor identified several significant issues affecting the validity of the claim. As a result, the claim was settled for approximately 13 cents on the dollar following a week-long mediation. From beginning to end, the lawyers of Lindborg & Mazor were able to achieve such a result in less than 30 days.

Lindborg & Mazor Win Dismissal of Fraudulent Conveyance Claim
Representing the interests of a national contractor defending a $125 million fraudulent conveyance claim brought against it by a project lender in Nevada, the lawyers of Lindborg & Mazor recently won a complete dismissal of the claim against their client. Filing numerous motions concerning claims brought in a multiplicity of jurisdictions, the lawyers of Lindborg & Mazor succeeded in convincing the District Court in Nevada that the lender was bound by a previous judgment involving the project owner.

Lindborg & Mazor Achieves Victory in Arbitration
The lawyers of Lindborg & Mazor were recently selected to represent the interests of a contractor in a claim brought against it by a project owner. The owner had proven so difficult to work with that the contractor was willing to walk away from its contract balance and pay the owner an additional sum of money to settle the dispute. Fortunately for the contractor, the project owner rejected the settlement offer and the matter proceeded to arbitration. After a full hearing on the merits, the lawyers of Lindborg & Mazor won an award for the contractor consisting of its contract balance, extra work claims, attorneys' fees and costs.

Lindborg & Mazor LLP announces that Peter F. Lindborg has been named Chairman of Legalink's Construction Special Interest Group. Legalink is an international consortium of over 2500 lawyers in more than 45 countries worldwide. Lindborg & Mazor LLP is Legalink's sole representative in Los Angeles.

Lindborg & Mazor LLP proudly announces that Irina J. Mazor has appeared on The Insider Exclusive : "L.A.'s Most Influential Women" series.

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Address: 550 N. Brand Blvd. Suite 1830 Glendale CA 91203 Phone: (818) 637-8325