PRACTICE AREAS

Litigation

AAC’s attorneys are highly experienced trial attorneys who handle high-stakes matters before state and federal trial courts, courts of appeal, and arbitration panels. They have successfully litigated many cases before judges, juries, and appellate panels in complex cases against government entities and private parties; writ petitions against the Coastal Commission, Port of San Diego, and other governmental agencies; boundary and view disputes; real property disclosure issues; short-term rental disputes; business and contract disputes; intellectual property matters; construction cases; density bonus matters; CEQA claims; and insurance matters. AAC attorneys understand that litigation is an expensive, time consuming, and aggravating remedy of last resort. They will explore all options to avoid going to court, but when there is no other choice, you can count on them to be aggressive, persuasive, and thorough.

We were in a property line dispute with our neighbor. After the city ignored all of our complaints, a friend recommended Anders, who came to our rescue and guided us through litigation, mediation and finally a settlement. We couldn’t have made it without his patience and expertise. We also want to thank his staff members, Chandra and Nives, for their help and support.

Barbara and Tony Rendine, North Park residents

At the onset of our case, Anders described to us how the whole legal process would play out and his strategy to force an uncooperative seller to engage in the legal process and ultimately compensate us for undisclosed flooding issues. Every step of our mediation process played out as Anders had predicted. During the mediation, Anders spoke eloquently but also forcefully, a perfect combination that will very much make you appreciate having Anders on your side of the table. We are extremely happy with our settlement. We could not have done it without the Aannestad Andelin & Corn team.

Matthew R. Kilgore, AIA, NCARB, Licensed Architect HI/CO/NV

Jon Corn efficiently handled several complex cases for us and achieved excellent results.

Patrick and Seema Burke, La Costa Avenue, Encinitas CA.

Jon Corn is a fantastic litigator and really knows how to win over juries. I highly recommend him.

Mat Perlot, Founder and Former CEO of Safari Motor Coaches and Beaver Motor Coaches.

Jon knows coastal issues better than any other lawyer in town.

Tom Ryan, President, Condominium Owners of South Sierra Avenue (COOSSA)

Illustrative Cases and Matters

Friends of Del Mar Bluffs v. North County Transit District

Aannestad Andelin & Corn and their co-counsel represent the citizens group Friends of Del Mar Bluffs in ongoing litigation against the North County Transit District (NCTD) to require NCTD to follow state laws and comply with regulatory oversight requirements as conditions to installing fencing across the 1.6 miles of coastal bluffs in Del Mar. The litigation team succeeded in opposing NCTD’s removal of the case to federal court and the case is now pending in state court.

Siddique v. Vogel

Aannestad Andelin & Corn obtained a preliminary injunction order against the owners and operators of an oceanfront short-term rental property on Neptune Avenue in Encinitas that posed a persistent nuisance to the neighbors and the surrounding community. After the owners violated the preliminary injunction order and refused to modify their conduct, the Court held a two-day contempt trial. Mr. Aannestad and Mr. Andelin succeeded in obtaining a judgment of contempt of court on five counts against all of the defendants resulting in a civil fine and recovery of attorneys’ fees and costs. The short-term rental business is no longer operating.

Knysh v. Cox

Aannestad Andelin & Corn defended the owner of a mixed-use development against a plaintiff seeking to take ownership of the property through claims of quiet title and breach of contract. Mr. Andelin defeated the claims at trial and obtained a substantial attorney’s fee award for his client.

A.A. v. Newsom

Aannestad Andelin & Corn represented a group of concerned parents challenging the State of California’s COVID-19 school closure guidelines. Mr. Andelin and Ms. Spangler obtained a TRO in which the court found the state’s guidelines unconstitutional. The TRO resulted in the immediate reopening of thousands of public schools across California.

Linovitz v. California Coastal Commission

Aannestad Andelin & Corn represented a group of homeowners in Capistrano Shores, San Juan Capistrano, in a Petition for Writ against the California Coastal Commission to protect eleven homeowners against the Commission’s order to take down their two-story homes due to their alleged view impacts. After a denial of the Petition by the Superior Court, the attorneys at Aannestad Andelin & Corn succeeded in appealing the decision and obtaining an order finding that the Coastal Commission had violated the Permit Streamlining Act. The Commission’s appeal to the California Supreme Court was successfully opposed by the firm, securing an unconditioned victory and the rights of all the clients to keep their homes, whose combined values are well over $30 million.

Beach Sandpit v. California Coastal Commission

The firm represents an additional homeowner in Capistrano Shores in litigation related to the Linovitz matter defending the homeowner against the Commission’s assertion that the home negatively impacts public views. The case is pending in front of the Court of Appeal.

Schrager et al. v. Coastal Commission

Facing heavy resistance from the Coastal Commission, the firm applied for and obtained Coastal Commission approval for a group of Solana Beach homeowners to build the seawalls necessary for the group to protect their bluff-top properties. The Commission initially rejected the application for the protection of one of the homeowners based on a covenant signed by a former owner. Working with its geotechnical consultants, the firm established that the risks posed to the neighboring properties required complete approval of the application. The Commission quickly settled the litigation and moved the permits to approval and the seawalls are now in place.

Johnson v. Bell

The firm represented the purchaser of a multi-million dollar home on Neptune, Avenue in litigation over the seller and real estate agent’s misrepresentations about the legal status of the property. The case settled successfully resulting in a recovery for the firm’s client and avoiding a trial.

San Dieguito Tennis Club v. Karel

The firm represents the San Dieguito Tennis Club in litigation over a large landslide/debris flow originating from an illegal dump site on an upslope neighboring property that destroyed significant Club infrastructure and equipment.

Seacoast Preservation Association

The firm represents Seacoast Preservation Association in its efforts to make Encinitas beaches safer, protect lives and help Encinitas bluff-top property owners maintain their properties and protect their property rights in a responsible manner.

Beach & Bluff Conservancy

The firm represents the Beach & Bluff Conservancy, a coalition of Solana Beach homeowners formed to protect their rights as citizens and coastal property owners with an emphasis on guiding the drafting and implementation of new City and Coastal Commission rules.

Surfsong Condominiums

Aannestad Andelin & Corn has a longstanding relationship with the Surfsong HOA (a Solana Beach bluff-top community) counseling the HOA on all matters relating to City of Solana Beach and Coastal Commission permitting, boundary issues, and the protection of the condo owners’ property rights.

Rendine v. Keating

Aannestad Andelin & Corn represented the plaintiff in litigation against a much wealthier neighbor who initiated large and imposing new construction that encroached over the plaintiff’s property line. The firm overcame the disparity in party resources to force a successful settlement including removal of the encroaching structure and reduction in its bulk and height.

CalBeach Advocates v. City of Solana Beach

Mr. Corn represented the real parties in interest in a CEQA challenge to a seawall permit. Mr. Corn obtained a victory in the trial court, which was then appealed. The court of appeals upheld the trial court decision in a published appellate decision known as CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4 th 529. This case holds that emergency seawall permits are categorically exempt from CEQA review and do not require an EIR or any other form of environmental review.

Oceanfront Property Purchaser v. Real Estate Broker

Mr. Corn represented the buyers of an expensive Neptune Avenue oceanfront home. He obtained a large money judgment against the well-known real estate broker who lied to the buyers regarding material facts concerning the home. After a 3-week trial, the jury found the broker liable for fraud and breach of fiduciary duty. Prior to trial, the sellers also paid a substantial, six-figure settlement to the buyers, on top of a $20,000 fine for filing a SLAPP cross complaint.

Beach & Bluff Conservancy v. City of Solana Beach (and Coastal Commission and Surfrider Foundation as Intervenors)

With Larry Salzman of the Pacific Legal Foundation as co-counsel, Mr. Corn and PLF scored a victory in their challenge to restrictive coastal development policies enacted by the City of Solana Beach at the Coastal Commission's behest and with Surfrider's support. In a partial but important decision, the San Diego Superior Court overturned two policies: one forbidding any permits to build protective devices for existing "accessory" structures, and another forbidding any permits to rebuild or repair private beach stairs if the work would amount to the cumulative replacement of more than 50 percent of the existing stairwell. The court ruled that both policies conflicted with the California Coastal Act itself, which generally guarantees the right of coastal property owners to repair and protect existing development. Mr. Corn also represented 7 Solana Beach condominium HOAs in a companion case that achieved identical results.

McKellar Development v. Nationally Known Insurance Company

Mr. Corn represented McKellar Development of La Jolla and obtained a unanimous jury verdict against a nationally known insurance company for bad faith denial of insurance benefits. The case evolved out of a series of construction defect cases concerning the Triple Crown condominium complex in Solana Beach. After a month-long jury trial, the jury returned a substantial verdict that was subsequently settled for the full amount of the judgment, plus interest. Mr. Corn won jury verdicts against 2 other subcontractors in separate cases related to the Triple Crown complex.

Merlin v. Safari Motor Homes and American Isuzu Motors

Mr. Corn successfully defended a lemon law case involving an expensive motorhome. Thanks to a "no stone left unturned" investigation, Mr. Corn proved that the owner used the motorhome for business purposes, disqualifying him from lemon law protection. The business use was related to the adult entertainment industry, and the unsavory facts were revealed to the jury in a "Perry Mason" moment at trial.

Coastal Property Rights/Land Use

Aannestad Andelin & Corn provides a broad spectrum of legal services in all aspects of land use law, development rights, entitlements, permits, and litigation. The firm’s professionals have extensive experience serving developers and property owners throughout California. Our practice areas include all California Coastal Commission and local coastal program matters including oceanfront development and seawalls; disputes with federal agencies including the U.S. Army Corps of Engineers, state agencies including the California Coastal Commission, and regional and local agencies including the Port of San Diego; real property disclosure counseling and litigation; acquisition due diligence; boundary line disputes (including both land and water boundaries); view rights disputes; easements; oceanfront property rights; litigation over the impacts of short-term rentals; the California Coastal Act and local coastal programs, including new and evolving regulations addressing climate change, sea level rise, bluff stability and managed retreat; regulations pertaining to environmentally sensitive habitat areas (ESHA) and wetlands; zoning and entitlements; California’s unique Density Bonus Law; the California Environmental Quality Act (CEQA); the Permit Streamlining Act; ; local ordinance and Coastal Act compliance; and code violations.

As a coastal engineer who has been working along the San Diego coastline for more than 40 years, I can highly recommend Aannestad Andelin & Corn without hesitation. Few lawyers I’ve met have their grasp of the relevant engineering issues, and most of all they know how to work with people and get the job done.

Walt Crampton, PE, GE, Founding Principal Engineer, Terra Costa Consulting Group.

Jon Corn is an astute attorney and businessman. Combining these talents, he determines a best course of action taking legal, legislative, political and monetary issues into account. Jon is a very likeable professional who you want on your team. I recommend him highly to anyone who needs a trial lawyer, or property advice, especially if yours is along the coast.

David Winkler, CEO, Del Mar Partnership and oceanfront property owner.

No one knows and understands the legal issues of oceanfront ownership better than Jon. And, if you’re a developer, you’ll be glad to know that Jon has tremendous expertise in the Density Bonus Law, and he knows how to work with the cities and the Coastal Commission to get your project approved.

Doug Harwood, President, The Harwood Group.

Coastal Commission Matters

The Aannestad Andelin & Corn Law Firm helps property owners deal with the Coastal Commission, the most powerful agency in California and possibly the United States. As the Coastal Commission’s powers and reach continue to creep forward through their policy of managed retreat, the AAC team helps property owners obtain coastal development permits without unreasonable special conditions, defend Coastal Act appeals, fight Coastal Act violation cases, and take on the Coastal Commission in court when necessary.

Jon is a coastal property rights champion. He has worked tirelessly for the oceanfront owners in Solana Beach and Encinitas for almost 20 years.

Chris Hamilton, Chairman, Beach & Bluff Conservancy

Purchase Due Diligence and Sale Disclosures

Purchasing an oceanfront or bayfront property requires a thorough understanding of a complex array of laws, ambulatory boundary issues, and permitting history. In most cases, the information needed to make an informed purchase decision is well beyond the grasp of the typical purchaser (and most real estate agents and lawyers). No one knows the complex set of rules and regulations that apply to coastal properties better than AAC's legal professionals.

When considering the purchase of a multi-million dollar property in the coastal zone, you cannot be too careful. And if you are selling, AAC's attorneys can also help you craft the extremely thorough and far-reaching disclosures required by law so you can avoid legal problems down the road.

Do not buy anything on the oceanfront without talking to Jon Corn first.

Dave Ericson, Managing Partner, Merced Funds.

If you're interested in making an informed, head's up decision, hire Jon Corn to run your due diligence.

John B., Neptune Avenue Owner.

Development, Permits, and Alleged Code Violations

In California, especially in the coastal zone, obtaining approvals and permits from local governments and the Coastal Commission can be an incredibly daunting and frustrating experience. AAC's legal professionals are here to help. Jon Corn is also a real estate broker and developer who has processed numerous subdivision tentative maps, some under the Density Bonus Law, and has obtained approvals for and built many commercial and residential structures, large and small. Arie Spangler, who is the daughter of the retired, long-time Encinitas City Planner Bill Weedman, grew up discussing development challenges around her Encinitas dinner table.

When the Coastal Commission police knock on your door do 2 things: do not invite them in and call Aannestad Andelin & Corn.

Joe Valenti, General Manager, North Coast Village HOA.

Jon has great relationships and has figured out how to simultaneously 'fight City Hall' and 'work with City Hall' with amazing aplomb.

Matt Miller, Miller Commercial Properties.

Living on the oceanfront is grand, but living under such a complex set of regulations and rules is not. Thank you Jon Corn for your help.

John D., Neptune Avenue.

When the Coastal Commission came after us for a fine in excess of $1,000,000, we hired Jon and he negotiated a fair, common sense resolution.

Steve and Linda Beim, Carlsbad, CA.

Easements and Boundary Disputes

AAC attorneys are experts in easements and property boundaries (including water boundaries), and Irrevocable Offers to Dedicate (IODs). AAC attorneys offer counsel and litigation services for clients in the analysis and preparation of easements, and in determining boundaries between adjacent private property owners and between private property owners and the government.

On Jon's first visit to our home, he visualized the solution that we needed to solve our problems with our neighbors, and he made it happen. It took 2 lawsuits, but we got a great result.

Seema Burke, Encinitas, CA.

Torts

AAC's attorneys accept property- and business-related tort cases ranging from nuisance and trespass to malicious prosecution and defamation.

Jon has the drive, compassion and integrity required to bring justice for victims of real corporate malfeasance.

Dean Goetz, Goetz Law Firm and Oceanfront Property Owner.

Intellectual Property

Aannestad Andelin & Corn attorneys have over 20 years of experience advising clients in all aspects of intellectual property including patent, trademark, trade secret and copyright issues.