David Graeler

David Graeler is an experienced commercial litigator specializing in the areas of eminent domain and other real estate valuation disputes, banking and financial services, business disputes, and construction.  He has successfully represented public and private sector clients at every phase of litigation.

Mr. Graeler has a demonstrated ability to find solutions to complex disputes or litigation.  He understands the non-legal, human aspects of disputes – which can be addressed to eliminate the need for trial or protracted litigation, or to persuade juries of his client's position.

Representative Work

Los Angeles Unified School District. Handled numerous condemnation matters for the District in connection with its massive school expansion program.  Encountered a wide array of relocation, valuation, and legal issues over the course of representation that spanned over eight years.

• Los Angeles Unified School District v. Dara, et al. Represented the District as lead trial counsel in an eminent domain matter involving a clothing designer and wholesaler seeking loss of goodwill in excess of $1 million. After a week-long trial, the jury reached a verdict of $298,800. Also, successfully represented the District on an appeal brought by a business tenant subsequent to the verdict.
• Los Angeles Unified School District v. Hill. Represented the District as lead trial counsel in a case involving a right-to-take challenge and real estate valuation.  The court ruled in favor of the District with respect to its right to take, and concluded the property's fair market value was the District's appraised amount.
• Los Angeles Unified School District v. City National Bank. Represented the District as lead trial counsel in an eminent domain matter involving two vacant parcels of commercial property condemned for a new primary school center in South Central Los Angeles. The property owner was seeking over $1.5 million in just compensation. After a week-long trial, the jury reached a verdict of $870,600.

Alameda Corridor Transportation Authority. Represents client with condemnation litigation related to the construction of the high profile Alameda Corridor project, and related transportation infrastructure.

• Action Sales & Metal Co., et al. v. Alameda Corridor Transportation Authority, et al. Successfully defended ACTA as lead trial counsel in an inverse condemnation action filed by a property owner and business that claimed millions of dollars in damages resulting from the construction of the Pacific Coast Highway Triple Grade Separation Project.  After substantially narrowing the claims during discovery, the case proceeded to trial on only two claims.  Following a five-week trial, the court found in favor of ACTA on every disputed issue and ruled that plaintiffs had failed to establish any entitlement to compensation.

Los Angeles County Metropolitan Transportation Authority. Represents Metro in litigation involving condemnation of commercial property related to the expansion of a bus depot facility.  The case involved complex issues relating to a challenge of the right to take that resulted in litigation before the California Supreme Court.  In addition, this case involved complex valuation issues including claimed severance damages and loss of business goodwill.  Also advised Metro in connection with eminent domain issues in a related Chapter 11 bankruptcy proceeding.

City of Santa Fe Springs adv. Wilsonart International, Inc. Successfully represented landowner, Wilsonart International in a threatened taking. The City dropped its eminent domain effort rather than face numerous challenges raised by Wilsonart International.

Federal Deposit Insurance Corporation.  Represents the FDIC in connection with various professional liability investigations and litigation resulting from a number of failed financial institutions.  Also represents the FDIC in various commercial litigation resulting from recent bank failures. 

• Federal Deposit Insurance Corporation as Receiver for IndyMac Bank, F.S.B. v. Van Dellen et al.  Played a major role in the professional liability investigation into the failure of IndyMac Bank F.S.B. -- one of the largest bank failures in U.S. history.  Continues to play a major role in one of two resulting claims by the FDIC that progressed to suit in the U.S. District Court.  The case involves hundreds of millions of dollars in damages and was the first filed by the FDIC after the current bank crisis ensued.  The lawsuit by the FDIC was the culmination of an 18-month investigation into numerous residential acquisition, development, and construction loans.

C.W. Driver, Inc. Represents multi-faceted builder who provides general contracting, construction management, and design/build services to the western United States. Representation includes construction-related litigation and contract negotiation.

• C.W. Driver, Inc. v. American National Red Cross. Successfully represented C.W. Driver, Inc. in an action for breach of contract and to foreclose on a mechanic's lien related to a dispute over payment on change orders issued during construction of a new blood processing facility on the Cal Poly Pomona campus. American National Red Cross quickly settled this matter after a complaint was filed.
• Western Bay Sheet Metal v. C.W. Driver, et al. Represented C.W. Driver, Inc. in an action instituted by a subcontractor for breach of contract and to foreclose on a mechanic's lien. Negotiated a favorable settlement after establishing that the subcontractor was liable for significant delay damages.
• San Diego Flood Busters, Inc. v. C.W. Driver, et al. Represented C.W. Driver, Inc. in an action instituted by San Diego Flood Busters, Inc. for breach of contract and to foreclose on a mechanic's lien. Negotiated a favorable settlement at mediation after establishing that San Diego Flood Busters flood restoration work was grossly overstated.
• Miller Environmental, Inc. v. McCormick & Gaul, Inc., Disneyland Resort, and C.W. Driver, Inc.  Successfully defended Walt Disney World Co. dba Disneyland Resort and C.W. Driver, Inc. in an action for breach of contract and to foreclose on a mechanic's lien.  Negotiated a favorable settlement resulting in dismissal of Walt Disney World Co. for a waiver of costs, and a dismissal of C.W. Driver Inc. for a very nominal sum.