REAL ESTATE LITIGATION
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An environmental litigator and an expert in toxic tort, Mr. Koska’s other area of specialty is in handling cases involving landslides, flooding, earth movement and structure damage with their usual theories of nuisance and trespass. He has represented numerous developers and landowners in spectacular hillside settings, who were involved in litigation from landslide/flooding damage.
He gained his expertise during the two decades of the 70s and 80s when the constant cycle of rain, drought, sunshine and more rain caused literally thousands of cases in Southern California involving these issues. Because of the expertise he developed in this area, becoming involved with condemnation cases was a natural follow-on to this field of the law. Given this background, Mr. Koska became sought-after as someone who could direct, try and otherwise bring to successful conclusion cases involving property damage on a large scale with multiple properties involved and diverse theories of recovery alleged. |
Eminent Domain
He also became involved in both defending and prosecuting eminent domain and inverse condemnation actions on behalf of developers and individuals. In 1994, Mr. Koska defended Hopkins Development Company in a series of eminent domain actions filed by the City of La Mirada. Hopkins was the developer of a mixed-used project and was sued by the former tenants of a condemned shopping center. Mr. Koska obtained a defense judgment in the first case tried. The remaining cases thereafter settled reasonably.
In 2011, Mr. Koska represented a property owner in an eminent domain case against a public entity. Mr. Koska tried the right-to-take issue, and the matter settled for a six figure sum after the third day of trial.
This crossover with structure knowledge, land and water issues led naturally to the construction defect work which Mr. Koska has been involved in since the late-1980s.
In 2011, Mr. Koska represented a property owner in an eminent domain case against a public entity. Mr. Koska tried the right-to-take issue, and the matter settled for a six figure sum after the third day of trial.
This crossover with structure knowledge, land and water issues led naturally to the construction defect work which Mr. Koska has been involved in since the late-1980s.
Nuisance, Trespass, Inverse Condemnation
In the late-1980s, some 200 plaintiffs residing in an area of Malibu called “Big Rock” filed suit against the County of Los Angeles and the State of California following landslides in Malibu, California. The county and the state responded by filing cross-complaints against all of the homeowners alleging, in effect, that the homeowners had contributed to the landslides by their conduct involving septic systems. Mr. Koska was selected as lead counsel for all of the homeowners who were sued by the county and the state as cross-defendants. As lead counsel, Mr. Koska directed the activities of over 200 lawyers in the defense of the cases. The cases settled within a year of Mr. Koska taking over the defense, and the resident homeowners obtained approximately $95 million in settlements.
Recently, Mr. Koska was part of the team representing plaintiff Tennessee Nature Conservancy in a suit involving the dissolution of a watershed district. The case had far-reaching ramifications with reference to how and when a watershed district may be formed and, more importantly, how it may be dissolved.
Recently, Mr. Koska was part of the team representing plaintiff Tennessee Nature Conservancy in a suit involving the dissolution of a watershed district. The case had far-reaching ramifications with reference to how and when a watershed district may be formed and, more importantly, how it may be dissolved.
Partition
Mr. Koska is currently prosecuting a partition action involving land owned by family members in an area zoned for automobile dealers. A favorable settlement is about to conclude.
Landslide
Mr. Koska defended numerous developers in Southern California in landslide cases, including Presley several times. In one of the more significant, complicated cases, Koska defended Presley in a landslide matter involving a large residence in the Encino Hills area. After Mr. Koska recovered several hundred thousand dollars from subcontractors, plaintiff obtained only a five-figure verdict from the jury.
