Practice Overview
Daniel W. Ballesteros is a trial attorney whose practice focuses on real estate disputes. These disputes typically arise out of the purchase, sale, ownership, and/or use of real property. Dan represents businesses, LLCs, partnerships and individuals in all phases of litigation, arbitration and mediation including strategic motion practice. He has successfully represented brokers, sellers and buyers in cases involving the non-disclosure of defective conditions, owners in cases involving partition, possession, and nuisance, neighbors in cases involving prescriptive easements, boundary line disputes and encroachment, individual members of LLCs and partnerships regarding issues of control and profits, and tort claims by and against third parties.
Recent Matters
- prosecuted claims of the minority owner of a $20m retail mall against fraudulent majority owner
- defended seller of Christmas tree farm against claims of fraud and non-disclosure
- prosecuted partition action by sister against brother involving 40-unit apartment building
- prosecuted action by limited partner ousting general partner and taking control of 80-unit apartment building subject to federal rural housing regulations
- defended buyer’s agent in claim by buyer for non-disclosure related to $14m purchase of unfinished spec home
- represented various members of LLC against others regarding direction and direction of property subject to Williamson Act
- defended limited partner and guarantor against $6.5m claim by lender
Articles and Speaking Engagements
Dan is a frequent speaker, having presented programs for local and state bar associations on such topics as partition actions, purchase agreements, arbitration and mediation, and recovery of attorneys’ fees. He has presented many risk management seminars to groups of real estate professionals focusing on broker disclosure duties. Dan also has written articles on subjects ranging from the discovery process to the statute of limitations in real estate cases to recovery of attorneys’ fees in real property actions. In June 2011, Dan’s article "Why Every Plaintiff’s Lawyer Should Fear the Common Law Release Rule" was published in the San Francisco Daily Journal.
Professional Activities
Dan has served as a member of the Executive Committee of the Real Property Law Section of the California State Bar. He is an advisor to CEB - California Continuing Education of the Bar - on real property law and has served three terms as chair of the Santa Clara County Bar Association’s Real Property Law Section. Dan lectures for the Stanford Law School Trial Advocacy program, has taught Real Estate Principles at DeAnza College, and is a member of the American Inns of Court. He was recently recognized by San Jose Magazine as one of Silicon Valley’s top real estate attorneys and was named a Northern California Super Lawyer in 2010 and 2011.
Community Activities
Dan is proud to serve on the board of trustees of the Mexican Heritage Corporation, a nonprofit committed to the celebration and preservation of the art and culture of Mexico, and host of the annual San Jose Mariachi Festival. He has served as a member of the San Jose Downtown Association, and is a founding member of the highly successful Downtown San Jose Tour, an event that highlights real estate opportunities and successes in the core of downtown San Jose. For years, Dan has coached the highly decorated Mountain View High School Mock Trial Team.