EDUCATION

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

Qualifications

  • Professional Affiliations and Memberships

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

  • 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).