Representative matters
Larry Nokes has tried and resolved complex disputes involving real estate, construction, land use, land stability, easements, insurance, and business interruption.
Selected matters handled by Laurence P. Nokes.
Client names are omitted except where identification is appropriate.
First Use of Mapped Watercourse Removal Provision
Represented Laguna Beach property owners seeking removal of a mapped watercourse from a private building site. Working with expert consultants, established through a substantial evidentiary record that surrounding development had rendered the watercourse completely inactive and that drainage was instead handled on individual lots through connections to City installed storm drains. Secured the first approval under a previously unused Municipal Code provision authorizing removal of a mapped watercourse.
This was a City approval. Any remaining Coastal Commission or implementation proceedings are separate.
Window and Building Envelope Failure
Represented homeowners after approximately 40 replacement windows were installed in a stucco clad residence without properly integrating the window flashing with the weather resistive barrier. The resulting leaks caused extensive property damage and substantial loss of use. The matter resolved for $1.7 million.
Laguna Beach Construction Defect Settlement
Represented clients in a Laguna Beach construction defect dispute involving multiple categories of property damage. The matter resolved for $450,000.
Undisclosed Garage Conversion and Real Estate Fraud
Represented the purchaser of an older Laguna Beach home marketed as a three bedroom residence. The seller had enclosed the garage without permits, matched the exterior siding to the house, and failed to disclose the conversion. Proved diminution in value attributable to the concealed, unpermitted work and obtained an arbitration award in the high $200,000s, plus attorneys’ fees, bringing the total recovery above $300,000.
Probate and Elder Abuse Defense
Defended family beneficiaries at an Orange County Superior Court bench trial against elder abuse, undue influence, capacity, and related probate claims. Evidence showed that the decedent lived frugally, spent virtually nothing on property maintenance, and accumulated personal wealth well in excess of $2 million, including the value of his Laguna Beach property. The estate was distributed to the clients.
Slope Failure and Pool Damage Arbitration
Represented homeowners after excavation at the toe of a neighboring slope was left unsupported and the clients’ pool fractured at the transition between cut and fill soils. Persuaded the arbitrator to inspect the properties. Viewing the crack in relation to the excavation made the cause of the failure clear. The clients received a $575,000 award.
Oceanfront Beach Access Easement
Represented an oceanfront homeowner after an adjoining owner attempted to block a shared stairway that had served both properties for decades. The stairs crossed the property line repeatedly as they descended the bluff, no written agreement could be located, and the structure predated the California Coastal Act and South Laguna’s annexation. After a bench trial, the court confirmed the client’s access rights and established joint maintenance obligations and remedies for future noncompliance. The evidence showed that loss of access would reduce the property’s value by well over $1 million.
Employee Leasing and Insurance Broker Liability
Represented a painting contractor after a severely injured worker discovered that he had been placed through an employee leasing arrangement and the workers’ compensation carrier rescinded its policy. Pursued the insurance broker and leasing company responsible for the coverage structure. After the leasing company folded and its principals disappeared, proved that the broker knowingly participated in the arrangement and obtained a $1 million recovery for the contractor.
Commercial Real Estate Brokerage Jury Trial
Defended an individual commercial real estate broker at trial against fiduciary duty and related claims arising from the competitive sale of an Orange County apartment complex. The broker represented both buyer and seller and later formed a partnership with the successful bidder. He had spent his entire real estate career at the brokerage, which trained him in its practices and annually recognized him for successfully double ending transactions. The defense established that the brokerage cultivated and rewarded the business culture underlying the alleged fiduciary breaches. The plaintiff asked the jury for $10 million. The jury awarded $98,000 in special damages against the broker and brokerage, imposed $1.25 million in punitive damages solely against the brokerage, and awarded no punitive damages against the individual broker.
Industrial Roof Collapse and Business Interruption
Represented Mazda Motors of America Central, Inc. in a jury trial arising from the collapse of the approximately 100,000 square foot roof at its Rancho Dominguez facility. Industrial lint and sawdust from neighboring operations accumulated around rooftop condensation lines and overwhelmed the parapet drains during winter rains. The collapse above the computer room interrupted Mazda’s North American operations for several days. Obtained a jury verdict exceeding $1 million.
Prior results do not guarantee a similar outcome. Every matter depends on its particular facts and law.
Appellate decisions
Larry Nokes’s appellate experience includes a California Supreme Court proceeding and a published Court of Appeal decision involving Laguna Beach’s historic-resources program.
Historic Architecture Alliance v. City of Laguna Beach
Certified for publication October 6, 2023
A CEQA challenge to the City’s approval of an addition and renovation to a residence listed in the City’s Historic Resources Inventory. The Orange County Superior Court rejected the challenge, and the Fourth District Court of Appeal affirmed.
Marsh & McLennan, Inc. v. Superior Court (Silvestri)
49 Cal.3d 1
The case addressed whether the workers’ compensation system preempted a private civil action against the independent claims administrator of a self-insured employer for delaying or refusing to pay benefits. The Supreme Court granted the requested writ and held that the statutory system provided the exclusive remedy for claims arising from the administrator’s performance of that role.
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For inquiries about civil litigation or land use and administrative advocacy, please contact our office.