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949 Hope Street, Suite 200
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Los Angeles, CA 90015
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213.623.3841 310.820.0900
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FAX 213.623.4231
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LITIGATION SUPPORT EXPERIENCE OF ALLAN
D. KOTIN
All of the assignments described were performed
directly by or under the immediate supervision of Allan Kotin.
Prior to 2002, he was a principal successively of Kotin, Regan
& Mouchly, Inc, Sedway Kotin Mouchly Group, KMG Consulting,
and PCR Kotin, which were the names of record in which some
of these assignments were performed. For ease of reference,
only the name of the current firm abbreviated as ADK&A
is used in describing the consulting assignment.
Attorney references are to original attorney and law firm, although in
some instances lawyers have moved or firms have changed names or dissolved.
Allan D. Kotin, owner of Allan D. Kotin & Associates
(ADK&A), is one of California's leading real estate litigation
support consultants and expert witnesses. Since 1980, Allan
has offered formal litigation support in over 20 cases. His
role has ranged from that of consultant to expert witness,
and has involved percipient and expert witness situations.
The following list relates only to those situations in which
Allan was retained explicitly in connection with either civil
or bankruptcy litigation and does not include the numerous
situations in which he has worked closely with attorneys in
the negotiation of new agreements or the resolution of disputes
which have not gone to trial.
| Client: |
Lennar Corporation and LNR Partners (2002) |
| Law Firm: |
Farmer & Case |
| Case: |
Tuscher v. City of Chula Vista and Lennar |
| ADK&A Role: |
Expert testimony |
| ADK&A Activities: |
Evidence preparation, deposition, testimony |
| Outcome: |
Jury found for plaintiff but awarded less
than last settlement offer |
| Contact: |
John Farmer, Farmer & Case, (619) 338-3100 |
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| Client: |
Irvine Company (2002) |
| Law Firm: |
Bewley, Lassleben & Miller |
| Case: |
Irvine vs. Golden Wrench |
| ADK&A Role: |
Expert testimony |
| ADK&A Activities: |
Evidence preparation, deposition, testimony |
| Outcome: |
Client prevailed and no payment was made
to Golden Wrench |
| Contact: |
Ernie Z. Park, Bewley, Lassleben & Miller,
(562) 698-9771 |
| Client: |
Metropolitan Transportation Authority of
Los Angeles County |
| Law Firm: |
Nossaman, Guthner, Knox & Elliott |
| Case: |
Los Angeles CTC v. Prinz & Los Angeles
CTC v. L&R |
| ADK&A Role: |
Analysis of special benefit |
| ADK&A Activities: |
Consulting support, deposition and expert
testimony |
| Outcome: |
Awards in both cases below the last MTA
settlement offer made |
| Contact: |
James C. Powers, Nossaman, Guthner, Knox
& Elliott (213) 612-7800 |
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| Client: |
Huntington Beach Redevelopment Agency (2000) |
| Law Firm: |
Arter & Hadden |
| Case: |
Bloom v. Huntington Beach |
| ADK&A Role: |
Determine Probable Earnings from Aborted
Beachfront Development |
| ADK&A Activities: |
Consulting support, case strategy, expert
witness preparation, deposition |
| Outcome: |
Out of court settlement immediately before
trial at a value below client's last offer, plus interest |
| Contact: |
Jack Fleming, Arter & Hadden (949) 252-3135 |
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| Client: |
City of Indio (1996) |
| Law Firm: |
Best, Best & Krieger |
| Case: |
Indio v. Miller |
| ADK&A Role: |
Consulting support re: financing availability
and redevelopment practice |
| ADK&A Activities: |
Consulting and preparation of cross-examination |
| Outcome: |
Favorable settlement |
| Contact: |
Michael Andelson, Best, Best & Krieger
(619) 568-2611 |
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| Client: |
LA County Dept. of Beaches and Harbors |
| Law Firm: |
Nossaman, Guthner, Knox & Elliott |
| Case: |
Various rent arbitrations |
| ADK&A Role: |
Extensive consulting (Faith F. Backus and
Allan D. Kotin) and expert witness services (Allan D.
Kotin) |
| ADK&A Activities: |
Consulting, preparation of exhibits, assistance
in cross-examination of witnesses, and expert testimony |
| Outcome: |
Resetting of rent rates generally favorable
to the client |
| Contact: |
Alvin S. Kaufer, Nossaman, Guthner, Knox
& Elliott, (213) 612-7828 |
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| Client: |
City of Banning (1990) |
| Law Firm: |
Best, Best & Krieger |
| Case: |
Overseas Title Relations, Inc. v. City of
Banning |
| ADK&A Role: |
Consulting and expert witness |
| ADK&A Activities: |
Consulting |
| Outcome: |
Settlement |
| Contact: |
Victor Wolf, Best, Best & Krieger (714)
686-1450 |
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| Client: |
Marina International Properties Limited
Bankruptcy |
| Law Firm: |
Skadden, Arps, Slate, Meagher & Flom |
| ADK&A Role: |
Consultation and advice / Allan D. Kotin
and Faith F. Backus |
| ADK&A Activities: |
Research, analysis, preparation of declarations |
| Outcome: |
Eventual adoption of reorganization plan
proposed by debtor |
| Contact: |
Peter Clapp, Skadden, Arps,
Slate, Meagher & Flom (213) 687-5000 |
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| Client: |
Rouse & Associates (1993) |
| Law Firm: |
Brobeck, Phleger & Harrison |
| Case: |
Sorrento Mesa Partners, Inc. v. Rouse &
Associates |
| ADK&A Role: |
Expert testimony, consultation |
| ADK&A Activities: |
Analysis, preparation, deposition and testimony |
| Outcome: |
Adverse Motion for Summary Judgment granted
by judge |
| Contact: |
Robin Werner, Brobeck, Phleger & Harrison
(619) 234-1966 |
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| Client: |
City of Vista |
| Law Firm: |
Higgs, Fletcher & Mack |
| Case: |
Law suit against city and bankruptcy of
Vista Gateway |
| ADK&A Role: |
Expert witness, advisor |
| ADK&A Activities: |
Preparation, advice, deposition, testimony
in bankruptcy court |
| Outcome: |
Law suit settled in favor of client. Bankruptcy
resolved with the return of property to city. |
| Contact: |
Michael Boyle, Higgs, Fletcher & Mack
(619) 236-1551 |
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| Client: |
Jackson National Life |
| Law Firm: |
Pillsbury, Madison & Sutro |
| Case: |
Jackson National Life v. the City of Hawthor |
| ADK&A Role: |
Expert witness |
| ADK&A Activities: |
Preparation, declarations |
| Outcome: |
Settlement out of court |
| Contact: |
David Van Etten, Pillsbury, Madison &
Sutro (213) 488-7257 |
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| Client: |
Southern Pacific Railroad |
| Law Firm: |
Brown, Winfield & Canzoneri |
| Case: |
Constructive condemnation of railroad right
of way |
| ADK&A Role: |
Expert testimony |
| ADK&A Activities: |
Evidence preparation, deposition, testimony |
| Outcome: |
Favorable ruling on issue of pre-condemnation
damages; award of $600,000 to client |
| Contact: |
Vicki Land, Brown, Winfield & Canzoneri
(213) 687-2100 |
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ADKlglRv802.doc
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