Areas of Practice
Clifford Horner, Esq.
AREAS OF PRACTICE:
Clifford Horner's litigation experience includes all types of business disputes, commercial landlord-tenant issues, remedies under deeds of trust and other security agreements, breaches of contract, securities fraud, legal malpractice, employment disputes, broker liability, unfair business practices, trade name and trademark disputes, intellectual property disputes, financial elder abuse, and various collection actions. He has appeared and argued in Federal Court, Bankruptcy Court, Superior and Municipal Courts and the California Court of Appeal. His dispute resolution experience also includes jury and court trials, arbitrations, mediations and negotiated settlements.
Mr. Horner received his law degree from the University of California, Hastings College of the Law in 1991. He received his Bachelor of Science degree in Business Administration from California Polytechnic State University, San Luis Obispo in 1986.
Prior to starting Horner & Singer, Mr. Horner was a partner at both Berding & Weil and Morgan, Miller & Blair where he chaired its Commercial Real Estate Practice Group.
Mr. Horner is the former President and served on the Board of Directors of the Real Estate Section of the Contra Costa County Bar Association; serves on the Board of the East Bay Building Owners and Managers Association, served on the CEB Real Property Advisory Committee; served as president of the Contra Costa Chapter of the University of California, Hastings College of the Law Alumni Association; served on the Board of Governors of the Hastings Alumni Association; served on the Board of Directors of the Walnut Creek Chamber of Commerce and chaired its Civic Affairs Committee; serves on the Board of the Cal Poly Rugby Alumni Association; active member of the International Council of Shopping Centers and the Building Owners and Managers Association; and is a member of CEB's Civil Litigation Advisory e-Panel.
- Represented elder business owner in fraud and breach of contract action against purchaser of her multi-million dollar medical device business resulting in a seven-figure settlement in favor of the business owner in 2012.
- Represented publicly traded company in patent assignment dispute.
- Represented networking company in trade secret misappropriation and breach of nondisclosure agreement case.
- Represented international technology company in action against ex-employees for theft of trade secrets, and trademark and trade name infringement action.
- Has represented publicly traded company in multi-million dollar contract disputes.
- Successfully prosecuted wrongful termination employment action against Fortune 500 Company.
- Represented venture capital investors and major shareholders in board of directors and company control disputes.
- Successfully defended national brokerage firm resulting in complete dismissal of case by Court in suit seeking $3 million damages in commercial real property sale in 2013.
- Successfully prosecuted real estate fraud action and obtained a $2.7 million verdict after 3-week jury trial in November 2010.
- Successfully defended a real estate brokerage firm and its agents at trial against allegations of fraud in the sale of a shopping center.
- Successfully defended a REIT in a trial alleging fraudulent transfer of assets and breach of lease.
- Represents numerous commercial property owners and managers in tenant eviction, collection and other actions.
- Represented commercial tenant against landowner who refused to consent to tenant's proposed multi-million dollar leasehold improvement project.
- Successfully prosecuted fraud action against a commercial real estate broker in a multi-property investment transaction.
- "Associate Profile", BOMA Horizons, Cliff Horner Fall 2013
- "California Landlord-Tenant Practice", General and Special Consultant, California Continuing Education of the Bar two-volume publication (1998 – Present);
- "California Real Estate Brokers: Law and Litigation", Author Chapter 4 entitled "Broker Liabilities to Principals and Third Parties," California Continuing Education of the Bar two-volume publication (June 2009-present), awarded 2010 Outstanding Achievement as Best Publication by Association for Continuing Legal Education (ACLEA)
- "California Eviction Defense Manual", California Continuing Education of the Bar two-volume publication, Author Chapter 19 entitled "Special Considerations Governing Evictions in Commercial Tenancies" (1999-present);
- "A Landlord's Decision to Pursue Breach of Lease Damages - Art or Science?", Author, BOMA San Francisco Fall 2010 Bulletin;
- "Law and Risk Management", Real Property Manager Textbook, expert consultant, BOMI Institute International publication, 2006 edition;
- "Approaching an Action against a Real Estate Broker", Author, California Continuing Education of the Bar, Action Guide (2001 and 2006 editions);
- "When Will a Landlord's Notice of Non-Responsibility for Tenant Improvements Fail? The $2.4 Million Question, (Howard S. Wright v. Superior Court, BBIC Investors, LLC) 106 Cal App. 4th 314" , Author, Contra Costa Lawyer (July, 2003 edition);
HONORS AND AWARDS:
- Selected as a "California Super Lawyer" for 2014.
- Selected as a "Top Attorney in Northern California" as published in San Francisco Magazine as selected by peer recognition and professional achievement in 2012;
- Selected as a "Super Lawyer" for years 2011-2012.
- "When Will a Landlord's Notice of Non-Responsibility for Tenant Improvements Fail?; Dealing with Problem Tenants in These Difficult Economic Times", seminar panelist at Oakland/East Bay BOMA (March 8, 2012);
- "Dealing with Problem Tenants in These Difficult Economic Times", seminar panelist at Oakland/East Bay BOMA (January 8, 2009);
- "Commercial Landlord-Tenant Disputes", seminar panelist at MCLE Summer Fair 2008 (August 15, 2008);
- Interviewed by ABC News and The Today Show for expertise in Homeowner actions against Real Estate Brokers (January 22, 2008);
- "Broker Liability: Common Broker Mistakes and Pitfalls", Seminar panelist at BOMA International Conference, New York, New York (July 24, 2007);
- "Avoiding Legal Landmines: Leasing & Other Legal Issues in Commercial Real Estate", seminar panelist at BOMA International Conference, Toronto, Canada (June, 2004);
- "Recent Developments and Advanced Considerations in Mechanic's Lien Law", seminar panelist at Contra Costa Bar Association (November, 2003);
- "Bankruptcy & Real Estate - Everything You Need to Know about Tenant Bankruptcies and More," seminar moderator and panelist for Oakland/East Bay BOMA (January 2002, June 2003), and seminar panelist at BOMA International Convention (June 2004);
- "Mold - A Growing Problem for Real Estate Professionals," seminar moderator and panelist for Oakland/East Bay BOMA (July 2002) and panelist at BOMA International Convention (June 2003);
- "2001: A Space Repossession Odyssey - Dealing with Problem Tenants in a Dot.Bomb World," presentation to Oakland/East Bay BOMA (May 2001) and to Association of Defense Counsel (September 2001);
- "The Nuts & Bolts of Evictions," Real Estate Section of the Contra Costa County Bar Association, joint presentation with Contra Costa County Sheriff's Sergeant Jim Reef (October 1999);
- "The Soapbox Has Rules - First Amendment Rights in Private Shopping Centers," Author, Contra Costa Lawyer (December 1998);
- "Legal Issues: Today's Hottest Leasing Topics," Panelist at International Council of Shopping Centers Idea Exchange (San Francisco, February 1998).