Mr. Pernicka’s litigation and trial practice focuses on real estate-related and business disputes. An aggressive advocate, Mr. Pernicka brings a practical, well-reasoned and efficient approach to obtaining successful results, whether guiding clients through their first lawsuits or representing sophisticated veterans of the court system.
Mr. Pernicka began his career as a litigation attorney at venerable San Diego legal institution Luce, Forward, Hamilton & Scripps LLP. He then practiced with one of California’s preeminent real estate law firms, before joining The Opus Law Firm.
His clients range from individuals to publicly-held Fortune 500 companies, real estate developers and builders, commercial property owners, managers, and tenants, institutional lenders, and other business entities. Mr. Pernicka practices in state and federal courts and alternative dispute resolution forums throughout Southern California, in the following general areas:
- Commercial lease disputes, including landlord-tenant litigation involving monetary and nonmonetary defaults, enforcement of guaranties, and unlawful detainer actions.
- Purchase and sale disputes, including concerning alleged fraud and concealment and claims for specific performance.
- Partnership and entity membership disputes, including for enforcement of contractual obligations, enforcement of ownership and membership rights, enforcement of guaranties, and a variety of legal remedies.
- Construction litigation, including claims concerning construction defects, indemnity, insurance coverage, delays, liquidated damages, change order disputes, and mechanics liens and stop notices.
- Financing litigation and enforcement, including actions for appointment of receivers, judicial foreclosure, and enforcement of guaranties, and consumer financing, including the defense of claims involving allegations of fraud, rescission, quiet title, and wrongful foreclosure.
- Neighbor, neighborhood, and association disputes, including involving claims of nuisance (including concerning noise, odors, and other disturbances), breaches of CC&Rs, and other allowances.
- Commercial contract disputes.
- Collections actions, including concerning fraudulent transfers, alter ego, and amendment of judgments.
- Other real property-related, business, and commercial disputes.
Recognitions and Accolades
- Best Lawyers in America (Litigation – Real Estate), 2021, 2022, 2023
- San Diego Business Journal: Best of the Bar, 2016
Exemplar Decisions
- Passerelle, LLC v. Palomar Community College Dist., 2015 Cal. App. Unpub. LEXIS 2949 (2015). In favor of client, reversing denial of a motion to compel arbitration, in a contract dispute involving the cost of construction of certain infrastructure improvements.
- Vartelas v. Universal Enterprises International, Inc., 2014 Cal. App. Unpub. LEXIS 8100 (2014). In favor of client, affirming dismissal of a collections action seeking to amend a judgment to add additional judgment debtors.
- Kelly v. Beazer Homes USA, Inc., 552 Fed. Appx. 666 (9th Cir. 2014). In favor of client, affirming dismissal of a series of class-action lawsuits filed against homebuilders alleging misconduct and price inflation in connection with declining property values (finding that the claims were barred as a matter of law).
- Maya v. Centex Corp., 658 F.3d 1060 (9th Cir. 2011). Reversing dismissal of a series of class-action lawsuits filed against homebuilders alleging misconduct and price inflation in connection with declining property values (finding that plaintiffs had standing to file claims).
- Arreola v. Wells Fargo Home Mortgage, 2011 U.S. Dist. LEXIS 33493 (E.D. Cal. 2011). In favor of client, dismissing claims of fraud and statutory violations against residential lender.
Publications
- Explore the Benefits of Judicial Reference, Daily Journal, May 22, 2015.
- The Duty of Care of Design Professionals After Beacon Residential, Los Angeles Lawyer, January 1, 2015.
- Viewpoint: Game-Changing Court Case Elevates Liability Risk for Design Firms, ENRCalifornia, August 18, 2014.
- New Construction Indemnity Opens Dispute Door, GlobeSt.com, January 17, 2013.
- Didn’t Build? Why Are You Being Sued For Defects?, GlobeSt.com, June 11, 2010.
Memberships and Associations
- San Diego County Bar Association
- Association of Business Trial Lawyers, San Diego Chapter, (fmr) Board of Governors
- American Inns of Court, Louis M. Welsh Chapter
- Mensa
Bar and Court Admissions
- California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, Southern District of California
- U.S. District Court, Central District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Eastern District of California
Education
- University of Virginia School of Law, Juris Doctor, 2002.
- University of Colorado, Boulder, Bachelor of Arts, magna cum laude, Phi Beta Kappa, 1999.