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Mark Alpert has been a member of Hart, King & Coldren’s litigation department since 2001. Mr. Alpert’s practice has an emphasis on real estate, land use and property rights. He has represented real estate developers, business owners and commercial landlords in real estate and business disputes. Mr. Alpert is a seasoned litigator who represents his clients before administrative bodies, state and federal courts. He has a broad background in complex business litigation ranging from representing small family businesses to large corporations. Mr. Alpert has a special expertise in rent control. He has obtained substantial rent increases for property owners subject to rent control throughout California.
Recent Results:
- A $1.5 million dollar pass-through for the cost of a park sewer connection in Moreno Valley.
- A rent increase of approximately $135.00 per space in Yucaipa, along with a Judgment for legal fees.
- A rent increase of over 50 percent for a mobilehome park in Sonoma County, California
- A rent increase of over 40 percent for a mobilehome park in Carson, California, which was the largest rent increase ever granted by that City’s Rent Board
- Others include: $165 per space increase in Lancaster, $100 per space rent increase in Petaluma, California, $109 per space increase in Calimesa, California and a rent increase of $157 per space in Santa Paula, California
- Mr. Alpert has litigated many property rights cases before the Ninth Circuit Court of Appeals, several of which have led to the recognition of new theories of recovery that will make it possible for more property owners to successfully challenge takings caused by rent control or other forms of governmental regulation including:
- Guggenheim v. City of Goleta 582 F.3d 96 (9th Cir. 2009)(Adoption of rent control ordinance a regulatory taking)
- Los Altos El Granada v. City of Capitola 583 F.3d 674 (9th Cir. 2009)(State court may not prevent property owner from reserving federal constitutional claims in federal courts)
Admissions:
- California Bar
- U.S. District Court Central, Northern and Southern District’s of California
- U.S. Court of Appeals 9th Circuit
Education:
- Vanderbilt University School of Law, Nashville, Tennessee, J.D., 1988
- University of California Irvine, B.A. 1985 Cum Laude, Phi Beta Kappa
Affiliations:
- California State Bar Association
- Orange County Bar Association
- Los Angeles Bar Association
- University of California at Irvine Alumni Association, Board of Directors , Vice President of Programs (past)
- City of Huntington Beach Environmental Board Secretary (past)
Publications, Activities & Awards:
- Alpert has significant experience processing land use entitlements and related litigation.