Marcus J. Kocmur, Partner

Marcus is committed to providing the highest quality legal services to business and real estate clients. His practice consists both of litigation and transactional business law, giving him a well-rounded capability to provide clients with sound advice to help them protect their interests and achieve their goals. His clients include commercial real estate investors, energy companies, service professionals, commercial lenders, hotels, and wineries.

PROFESSIONAL EXPERIENCE

Recent Transactions:

  • Represented founders of Santa Barbara County winery with formation and startup issues.
  • Negotiated numerous office and retail leases for tenants and landlords; negotiated lease buyouts; unlawful detainers.
  • Represented small business in office property acquisition utilizing SBA financing.
  • Advised private and institutional lenders in various loan workouts and recovery of collateral.
  • Advised hotel investor in “loan-to-own” workout for Central Coast hotel property.
  • Advised public agency with significant open space reserves on encroachment issues.
  • Assisted public transit agency with first amendment issues as it updated its advertising policy.
  • Represented Southern California office property developer and manager through restructuring and wind-down following 2008 recession.
  • Advised Central Coast winery on brand development and obtained federal trademark registration.
  • Developed customized contracts and documentation checklists for several construction contractors.
  • Assisted minority investors with perfection of security interests during workout and restructuring of Santa Barbara County oil and gas play.


Recent Litigation Matters:

  • Prosecuted construction defect claim on behalf of hotel developer.
  • Represented private club in CEQA appeal.
  • Represented oil and gas royalty and working interest owner in breach of contract and fraud claim against owner and operator.
  • Successfully defended leading manufacturer of ultrasonic cleaning equipment against multi-million dollar product liability claim arising from use of equipment in disk drive manufacturing process.
  • Defended HOA board of directors against Davis-Stirling Act violation claims.

Marcus-Kocmur

(805) 966-7715 DIRECT
MKocmur@FLASllp.com

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PROFESSIONAL ASSOCIATIONS

  • American Bar Association, Section of Real Property, Trust and Estate Laws; Section of Business Law
  • Santa Barbara County Bar Association
  • California State Bar, Real Property Law Section
  • Montana State Bar (inactive member)

COMMUNITY INVOLVEMENT

  • Channel Islands YMCA, Board of Directors
  • Site Development Committee, Montessori Center School of Santa Barbara

EDUCATION

  • University of Montana School of Law, J.D; Conference Editor, Public Land & Resources Law Review
  • University of California, Santa Barbara, B.A. History