Judge, Orange County Superior Court (Ret.)

Hon. MARY FINGAL SCHULTE

Real Estate

Representative Cases


  • Dispute over an easement vs. encroachment on creek bed between two homes, and value, if any, of the claimed easement.

  • Plaintiff grocery store sued landlord for breach of lease for rending to a marijuana dispensary where a term of the 25 year old lease was that only “family friendly” businesses would be allowed in the shopping center.

  • Claims for fraudulent concealment, fraudulent misrepresentation, constructive fraud, and breaches of fiduciary duty arising out of home purchase and loan applications presented to plaintiff buyer by seller’s broker and loan processor.

  • Breach of Lease: Tenant claimed landlord failed to provide adequate parking for retail space, thus causing loss of profits.  Landlord counter sued for breach of lease – failure to pay rent, and for costs and re-leasing efforts.

  • Suit for specific performance/breach of contract to purchase residential property after various counter-offers were exchanged, seller cancelled, as they were unable to negotiate balance due in a 2nd TD.  Sellers cross complained against broker for negligence, breach of fiduciary duty.

  • Shopping center owner sued retail business for breach of lease.  Retail business counter sued for breach of quiet enjoyment and nuisance, due to ongoing construction in shopping center.

  • HOA sued homeowner for violations of CC&Rs regarding hardscape and landscaping.  Homeowner installed a wall exceeding CC&R limit by 3 feet.  HOA didn’t discover wall exceeded height limit for close to 5 years.  Homeowner argued statute of limitation defense as to the wall.