STEVEN A. MCKINLEY

EDUCATIONsam-portraitFMM Award

  • University of San Diego, 1979, Juris Doctor
  • San Diego State University, 1976, Bachelor of Arts with Distinction in Political Science

PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS

  • California State Bar Association
  • Nevada State Bar Association
  • San Diego County Bar Association
  • San Diego County Board of Realtors

sam@akfm.com

PROFESSIONAL DESIGNATIONS AND LICENSES

  • Admitted to Practice Before All Courts in State of California
  • Admitted to Practice Before All Courts in State of Nevada
  • United States District Court, Southern District
  • United States District Court, Central District
  • United States Court of Appeals, Ninth Circuit
  • “A-V Preeminent” Rating by Martindale-Hubble, 1999-Present

PROFESSIONAL AREAS OF PRACTICE

  • Eminent Domain and Inverse Condemnation
  • Real Property Litigation
  • Real Estate Broker Liability
  • Alternative Dispute Resolution
  • Breach of Contract
  • Agreed Boundaries
  • Adverse Possession
  • Prescriptive Easement
  • Quiet Title
  • Title Insurance
  • Insurance Bad Faith
  • Construction Defects
  • Landlord and Tenant Relations
  • Business and Partnership Disputes
  • Land Use, Land Entitlement, Land Acquisitions and Development
  • Tentative Map and Final Map

PROFESSIONAL EXPERIENCE

Partner: Freeland McKinley & McKinley
2011-Present
Partner: Asaro Keagy Freeland & McKinley
1988-2011
Associate: Asaro & Keagy
1983-1987
City of San Diego, Civil Division, Deputy City Attorney:
1982-1983
City of San Diego, Criminal Division, Deputy City Attorney:
1981-1982
Associate: Dorman & Dorman
1979-1981

PUBLISHED DECISIONS IN THE CALIFORNIA SUPREME COURT

  • INDEMNITY LAW:
    Bay Development, Ltd. v. Superior Court (1990) 50 Cal.3d 1012
    (cross complaint for implied contractual indemnity barred by good faith settlement determination)

PUBLISHED DECISIONS IN CALIFORNIA COURTS OF APPEAL

  • TRUST DEED/FORECLOSURE LAW: Thoryk v San Diego Gas & Electric, et. al.. (2014) 225 Cal. App. 4th 386 (scope of lender’s remedies against additional collateral after non-judicial foreclosure).
  • REAL ESTATE BROKER/AGENCY/FRAUD LAW: Manderville v. PCG&S (2007) 146 Cal.App.4th 1486 (CAR form residential purchase agreement and BIA provisions insufficient to exculpate real estate broker from fraud claims); Brown v. FSR Brokerage, Inc(1998) 62 Cal.App.4th 766 (real estate broker liable for failure to timely disclose dual agency notwithstanding buyer signing agency disclosures at opening of escrow).
  • EMINENT DOMAIN/INVERSE CONDEMNATION LAW
    Red Mountain, LLC v. Fallbrook Public Utility District (2006) 143 Cal.App.4th 333 (inverse condemnation liability could not be based upon interpretation of ambiguous grant language against public entity).
  • LAND USE AND MUNICIPAL LAW  College Area Renters & Landlords Assn. v. City of San Diego (1996) 43 Cal. App. 4th 677 (ordinance restricting student occupancy of single family residences struck down as violating equal protection clause): Mira Development Corp. v. City of San Diego (1988) 205 Cal.App.3d 1201 (City not required to rezone to conform to general and specific plan).