Perry J. Woodward

Perry J. Woodward

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

EXPERIENCE

Since 1996, Perry Woodward has represented clients in real estate, business and high technology litigation. After joining Terra Law in 2000, he and became a partner in 2002. He is admitted to the practice of law in both California (since 1996) and Nevada (since 1999). Before being admitted to the practice of law, Perry was a real estate broker in Santa Clara County from 1989 to 1996.

Perry's experience includes cases involving land use, real estate transactions, fraud and non-disclosure, construction, partition, easements, quiet title, slander of title, eminent domain, title insurance claims, foreclosure actions, brokerage commission claims, partnership dissolutions, and commercial lease disputes. He also regularly handles business litigation involving, for example, misappropriation of trade secrets, fraudulent transfers, unfair business practices, wrongful termination, copyright, trademark and breach of contract cases.

Although Perry has extensive experience in jury and non-jury trials in both state and federal courts, as well as arbitrations, he prides himself on finding creative solutions to his clients' problems.

REPRESENTATIVE MATTERS

Real Estate Sales and Options

  • Jones and Hanna v. Silveira (San Mateo County Superior Court). Represented a young couple who had built their dream home near Half Moon Bay, but who in 2009 had sold it to the plaintiffs. The plaintiffs were represented by Miller Starr Regalia. At the conclusion of a three-week jury trial, the plaintiffs asked the jury to award them more than $500,000, plus punitive damages in an unspecified amount, based on claims of nondisclosure, fraud and defective construction. However, in the end, the plaintiffs received nothing and ended up owing Terra Law's clients 100% of their attorney fees and other costs incurred in defeating the plaintiffs' claims.
  • RHC Communities v. Au (Santa Clara County Superior Court). Represented one of the state's largest affordable housing developers in a complex real estate breach of contract and fraud case. Following a four-week bench trial (working with Terra Law partner D.D. Hughmanick), the court awarded Terra Law's client approximately $2.2 million dollars in damages plus more than 95% of the attorney fees and costs it incurred achieving this victory.
  • Renault & Handley v. Applied Materials (Santa Clara County Superior Court). Assisted in representing Applied Materials in connection with the exercise of its purchase options on three large commercial buildings owned by Renault & Handley, an industrial and commercial real estate brokerage firm. The buildings formed an integral part of Applied's main campus in Santa Clara. Following extensive trial court and appellate proceedings on which Perry worked with others, the court ruled that Terra Law's client was entitled to acquire the buildings.

Construction

  • Hollander Smith Construction, Inc. v. Garlock and Company, Inc. (Santa Clara County Superior Court). Represented Hollander Smith Construction, Inc. in a lawsuit to collect sums it was owed after it had performed nearly two million dollars in tenant improvement work on a commercial project in Sunnyvale. The building owner refused to pay, claiming it was insolvent. The matter was successfully resolved at mediation.
  • McQuillan v. Monterey Development Group (Monterey County Superior Court). Represented purchasers of a new house on the Pasadera golf course just east of Monterey, who several years after moving in discovered the house was sinking due to improper compaction of the building site. The matter was successfully resolved at mediation.

Easements

  • Berkeley Bazaar Partners v. Richerson (Alameda County Superior Court). Represented the owner of a retail/commercial shopping center on University Avenue in Berkeley in a quiet title lawsuit brought against an adjacent landowner who claimed to have a parking easement. No trial proved necessary, because Terra Law's client was granted summary judgment against the adjacent landowner's claims that the alleged parking easement had been created by prescription, implication or necessity.

Corporate Director's Fiduciary Duty

  • Ludwig Betchart, Inc. v. Betchart (Alameda County Superior Court). Represented corporate officer and director accused of misappropriation of corporate funds. Following a two-week jury trial, the jury returned a verdict determining that Terra Law's client had not misappropriated any funds.

COMMUNITY INVOLVEMENT

Perry's involvement in Santa Clara County public affairs is extensive.

  • Vice-Chair, Santa Clara Valley Transportation Authority. Perry is now serving his third two-year term on the 12-member Valley Transportation Authority (VTA) Board. The mission of VTA is to provide the public with a safe and efficient countywide transportation system. The system increases access and mobility, reduces congestion, improves the environment and supports economic development, thereby enhancing quality of life. Among countless other projects throughout Santa Clara County, VTA is currently working to bring BART service to San Jose, as well as preparing to provide efficient transportation to and from Levi's Stadium, the new 49ers stadium in Santa Clara.
  • Vice Mayor, City of Gilroy. Perry was first elected to the Gilroy City Council in 2007 and was re-elected by a large margin in 2012. Among other accomplishments, Perry drafted and championed the passage of the City's first Open Government Ordinance. He was also integrally involved in the City's purchase of the 530-acre Gilroy Gardens' site, as well as its recent construction of a state of the art library.
  • Board Member, Peninsula Joint Powers Authority Board of Directors (Caltrain). Since 2013, Perry has served on the nine-member board responsible for overseeing Caltrain's operations and infrastructure. With an annual ridership of over 14 million commuters, Caltrain provides vital rail services between San Francisco and Gilroy.
  • Chair, City of Gilroy General Plan Advisory Committee. The focus of this 25- member Committee is to provide input and guidance throughout the General Plan update process to ensure that the interests and values of all segments of the community are well represented within the City's New General Plan.

In addition to these positions, Perry has served or is presently serving on a wide assortment of boards, committees, and task forces in an effort to improve the quality of life for residents in Gilroy, specifically, as well as throughout Santa Clara County. Prior to assuming elected office, Perry served for six years as a Santa Clara County Superior Court Judge Pro Tem.

Areas of Practice

  • Litigation and Dispute Resolution
  • Commercial Law
  • Bankruptcy
  • Commercial Disputes
  • Commercial Real Estate

Bar Admissions

  • California
  • Nevada
  • U.S. Supreme Court
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court District of Nevada
  • U.S. District Court Central District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Northern District of California
  • U.S. District Court Southern District of California

Education

  • Santa Clara University School of Law, Santa Clara, California
    • J.D. - 1996
    • Law Review: Santa Clara Law Review, Editor and Author
  • University of California, Santa Cruz, California
    • B.A. - 1993
    • Major: Economics & Politics

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