Douglas D. Hughmanick

Douglas D. Hughmanick

Location:
San Jose, California
Phone:
408-299-1200
Fax:
408-998-4895
E-mail:

Terry Hughmanick heads the Litigation and Dispute Resolution Practice Group. He is a successful litigation attorney with more than 35 years of experience in handling complex real estate cases. Terry has had numerous successful trials, has had extensive alternative dispute resolution experience, has a track record in high stakes real estate litigation matters in the trial and appellate courts and in arbitration forums. His practice involves disputes concerning the rights and duties of real estate fiduciaries; real estate acquisition, brokerage and other contracts; mechanic's liens; escrow matters; partition, fraud, slander of title and adverse possession claims; secured real property transactions; commercial loan disputes including claims arising in connection with commercial loan guaranties; conveyances; easements; partnership rights; appraisals; contamination of real property and underground waters; construction; commercial leases; title insurance, including defense and prosecution of bad faith claims and disputes arising under comprehensive general liability and other policies, as well as disputes pertaining to homeowners associations and their rights and obligations. In addition, Terry has provided general and transactional representation for major real estate development companies.

Prior to joining Terra Law, Terry was a partner at Jackson Tufts Cole & Black LLP.

Additional information about Terry Hughmanick:

  • Obtained an award in favor of a client worth approximately $10 million dollars together with approximately 98% of the client's attorneys' fees from a panel of AAA arbitrators against two major high-tech corporations.
  • Recovered $5 million dollars from a major insurance conglomerate which denied coverage for construction defect claims brought against a California real estate development firm.
  • Obtained a recovery exceeding $1.2 million dollars respecting a jury trial involving a complex real estate transaction in which property was transferred to a party who had promised, without signing anything in writing obligating him to do so, that he would return the property. A favorable jury verdict was obtained despite the fact that the court had ruled in an earlier proceeding that the client did not have a reasonable probability of prevailing.
  • Tried, with partner Perry Woodward, a complex real estate breach of contract/fraud case in which the court awarded approximately $2.2 million dollars in damages and approximately $900,000 in attorneys' fees to our client.
  • Worked on a successful appeal in a dispute involving option rights concerning three valuable properties located in a corporate campus in which the appellate court overturned the trial court's ruling and determined that the client was entitled to acquire the realty.
  • With partner, Breck Milde, obtained a recovery against a major developer and others of approximately $1.5 million dollars respecting the attempted termination of a lease in order to allow development of a big box store in a local shopping center.
  • Obtained a recovery of approximately $1.7 million dollars in a commercial lease dispute against a national corporation which had claimed conditions precedent to its obligations to proceed with the lease had not been satisfied.
  • Obtained a recovery of approximately $1.4 million dollars against a national firm which had contaminated our client's property, in AAA arbitration proceedings.
  • Successfully defended at trial claims seeking to invalidate a foreclosure sale covering a large Northern California Ranch based on defects and omissions from the statutory foreclosure notices.
  • Recovered approximately 1.5 million in damages on behalf of a developer in commercial arbitration proceedings concerning breach of a development agreement.
  • Successfully defended clients against claims on multi-million dollar commercial loan guarantees.
  • Successfully defended against claims seeking to establish easement rights over commercial property.
  • Successfully handled and defended numerous other matters involving environmental contamination issues, brokerage disputes, secured transactions, foreclosures, mechanics' liens, breach of fiduciary duty issues, construction disputes, easement disputes, real estate purchase contracts, fraud and business tort claims, title insurance and escrow disputes and acted as trustee, in the wind-up and liquidation of a real estate development conglomerate.

Areas of Practice

  • Litigation and Dispute Resolution
  • Complex Real Estate

Litigation Percentage

  • 90% of Practice Devoted to Litigation

Bar Admissions

  • California, 1974
  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California
  • U.S. Court of Appeals 9th Circuit

Education

  • University of California, Hastings College of the Law, San Francisco, California
    • J.D. - 1974
  • University of California, Davis, California
    • B.A. - 1970

Honors and Awards

  • Northern California Super Lawyer, 2013
  • Northern California Super Lawyer, 2012
  • Northern California Super Lawyer, 2011
  • Northern California Super Lawyer, 2010
  • Northern California Super Lawyer, 2009
  • Northern California Super Lawyer, 2006
  • AV rated (the highest given) by Martindale-Hubbell for over 10 years

Professional Associations and Memberships

  • California State Bar Association, Business Litigation, Real Property Law and Environmental Law Sections, Member
  • Santa Clara County Bar Association, Real Property, Environmental Law, Insurance Law and Business Litigation Sections, Member
  • American Bar Association, Real Property, Probate & Trust Law and Litigation Sections, Member
  • California Land Title Association, Affiliate Member St. Thomas More Society
  • Santa Clara County Trial Lawyers Association, Member

Past Employment Positions

  • Jackson Tufts Cole & Black LLP, Partner
  • Western Title Insurance Company, Head Litigation Counsel

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