Contact Information

555 Capitol Mall 9th Floor

Sacramento CA 95814

916.325.4594

mkuzmich@mhalaw.com

Practice Focus

Real Estate Litigatio

Title Insurance

General Litigation

Commercial &
Business Disputes

Michael J. Kuzmich | Of Counsel

Professional Experience

Mike Kuzmich joined McDonough Holland & Allen PC in February 2008 as a member of the Real Estate practice group. His practice emphasizes real estate litigation on behalf of individuals, private entities and public agencies, with a focus on title and escrow disputes. Previously with Downey Brand LLP, Mike is well experienced in prosecuting, defending, and resolving all types of general and complex civil disputes in federal and state courts, as well as in private dispute-resolution forums (arbitration and mediation). Mike’s experience includes litigating disputes with crossover between various industries and areas of law, including business/commercial, contract, real estate, mining, petroleum, construction, securities, trade secrets, and manufacturing/products liability.

Representative Matters

Real Estate Litigation

Experience representing individuals and entities in litigation arising from contracts for the purchase and sale of real property (residential and commercial), performance of option agreements, and other interests in real property.

Experience representing individual property owners against adverse claims to title; in one such instance, successfully obtained dismissal of lawsuit and lis pendens prior to filing answer.

Successfully demurred a claim for $750,000 commission against major Sacramento-based utility provider.

Experience representing product supplier in multi-party, $40 million construction-defect action arising from construction of 500+ unit apartment complex in Fremont, California. Successfully negotiated early settlement of claims for fraction of initial demand.

Experience representing LLC/seller of 300+ unit apartment complex against buyer’s allegations of fraudulent concealment, intentional nondisclosure, and intentional and negligent misrepresentation. Prepared extensive motion for summary judgment and prepared and participated in mediation which settled claims for fraction of amounts demanded.

Represented sole proprietor of construction company as claimant against federal government (General Services Administration) for increased costs, interest, lost opportunities, and other damages arising from government construction contract.

Experience defending unlawful detainer actions brought against corporate tenants of real property.

Experience prosecuting unlawful detainer actions against individuals and corporate/business entities.

Business, Civil, and Commercial Litigation

Represented charter-flight air carrier in wide range of contexts and disputes, including general advice, defending against collection of administrative fees, defending actions related to contract performance, and prosecuting action for breach of contract.

Represented manufacturer of furnaces and HVAC units in wide range of litigation, including lease disputes, construction-defect, fire/explosion, products liability, personal injury, and other actions.

Represented a number of individuals, sole proprietors, corporations, LLCs, and other entities in litigation arising from contractual disputes, sales of business, transfers of shares and other ownership interests, and various other matters.

Products Liability and Personal Injury Defense

Experience representing defendants in various “toxic” tort actions, including alleged exposures to asbestos, mold, and carbon monoxide.

Experience defending products-liability and fire/explosion claims. Have successfully advocated for and obtained dismissals prior to trial in both property damage and personal injury actions arising from allegations of defectively designed and/or manufactured products.

Experience representing property owners and property managers in several separate actions brought by multiple tenants alleging exposure to mold, including coordination of lead defense efforts for more than 12 separate defendants in an action brought by more than 160 separate plaintiffs living in a 300+ unit apartment complex in Fair Oaks, California.

Securities and Banking

Experience representing individual investors as plaintiffs in two separate NASD proceedings, which resulted in favorable settlements against major broker houses. One such action, brought on behalf of a widow whose funds were grossly mismanaged by her broker, resulted in a significant settlement just prior to arbitration in an amount exceeding the damages being claimed.

Title Insurance

Experience representing California’s leading title insurance companies, and their insureds, in their title insurance/escrow litigation involving various title and escrow issues.

Presentations/Publications

Author, Comment: “In Vino Mortuus: Fraternal Hazing and Alcohol-Related Deaths,” 31 McGeorge Law Review 1087 2000

Leadership Positions/Affiliations

Board of Directors, University of the Pacific, McGeorge School of Law Alumni Association

Board of Directors, Christian Brothers High School Alumni Association

Committee Member, Ducks Unlimited, Sacramento Chapter

Member, Sacramento County Bar Association

Coach, Christian Brothers High School Moot Court Team, 2002-2007

Clerkships

Clinical Intern. Sacramento County District Attorneys’ Office

Law Clerk. United States Attorney’s Office in Las Vegas, Nevada