Rothstein, Ellen

SUMMARY OF PRACTICE

Dean C. Rossi specializes in residential and commercial real estate and business litigation, arbitration, and mediation.  His practice focuses on disputes related to the purchase and sale of real property, contracts, agent and broker duties, construction defects, easements, partition, and commercial and residential leases.  An aggressive, innovative litigator, Dean has effectively defended and prosecuted allegations of contract breaches, non-disclosure, malpractice, specific performance, tort claims, claims with the Department of Real Estate, and breaches of fiduciary duty.  Dean has successfully represented commercial and residential buyers and sellers, developers, contractors, title companies, lenders, and escrow companies.  Recognizing the cost of litigation can be burdensome both to individuals and businesses, Dean uses his field expertise and knowledge of the law to litigate and resolve cases by the most cost-effective means possible, while still working for the best interests of his clients.  Whether working on high-profile cases or pro bono matters, Dean consistently obtains relief for his clients that exceeds their expectations. 

NOTABLE LITIGATION

API Acquisitions/Wolff Sports Equities, et al. (Judicial Arbitration Mediation Services Case No. 11100110883).  Successfully represented a major league baseball team in a matter involving revenue sharing and other contractual disputes. 

Duc Housing Partners v. Ramin Panoussi, et al. (Santa Clara County Superior Court Case No. 1-04-CV-022143).  Obtained specific performance damages against the seller of a 36-parcel property in the Central Valley totaling over $2,000,000, plus attorneys' fees.

Reilley v. Tomaselli (Santa Cruz County Superior Court Case No. CISCV153222).  Successfully represented a couple who purchased a beachfront home in Santa Cruz where the real estate agent failed to disclose the nature and extent of sea caves located under the house.  Obtained rescission and damages in a confidential amount. 

Dalton, Corbin v. Century 21 Alpha, et al. (Santa Clara County Superior Court Case #1-03-CV-011268). In a two-week jury trial, Dean successfully prosecuted a nondisclosure case for buyers of residential real property. The sellers of a Morgan Hill property failed to disclose that it was on a septic system, and it was established at trial that the transfer disclosure statement was actually completed by sellers' agents. The jury found against the agents for negligence, negligent misrepresentation, fraud, and breach of fiduciary duty, and the agents were held responsible for all of buyers' damages, attorneys' fees, and costs.

Westendorf v. Sani, et al. (Santa Clara County Superior Court Case #1-03-CV-816608). In a two-week jury trial, successfully prosecuted a nondisclosure case against sellers of residential real property in Willow Glen. The sellers, two lawyers, failed to disclose mold at the property. The jury awarded damages to the buyers.