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We Are Gupta Evans & Ayres

Building partnerships and supporting our fellow lawyers in areas of Bankruptcy, Corporate Litigation, and Real Estate Law.

I came to Ajay with a complicated and stressful real estate case. I interacted closely with several lawyers during the course of this case, and I was exposed to a range of people in the legal profession. It was very apparent to me that Ajay and his team are at the better end of the spectrum, representing their profession with the utmost integrity.
-Nicole A., San Angelo, TX

Real Estate Litigation

While Gupta Evans & Ayres handles a wide range of general civil litigation matters, we have grown to create a specific focus on real estate disputes. Our significant experience in the representation of a wide variety of real estate clients, including real estate owners, landlords, tenants, developers, investors, borrowers, lenders, and other real estate-affiliated companies, make us the go-to referral for attorneys seeking outside counsel for their clients.

Real Estate Litigation

While Gupta Evans & Ayres handle a wide range of general civil litigation matters, the Firm has grown to create a specific focus on real estate disputes. Our significant experience in the representation of a wide variety of real estate clients, including real estate owners, landlords, tenants, developers, investors, borrowers, lenders, and other real estate-affiliated companies make us the go-to referral for attorneys seeking outside counsel for their clients.

Bankruptcy

Having been involved with over 500 bankruptcies over the last 10 years, Gupta Evans & Ayres’ experience with insolvency matters traverses a wide array of situations. From receiverships and structured dissolutions outside of bankruptcy to taking a corporation through Chapter 11 plan confirmation, we have likely been involved with almost every aspect of bankruptcy at some point in time.

Bankruptcy

Having been involved with over 500 bankruptcies over the last 10 years, Gupta Evans & Ayres’ experience with insolvency matters traverses a wide array of situations. From receiverships and structured dissolutions outside of bankruptcy to taking a corporation through Chapter 11 plan confirmation, the Firm has likely been involved with almost every aspect of bankruptcy at some point in time.

Business Litigation

Gupta Evans & Ayres’ expertise in bankruptcy law and civil litigation enable the Firm to adeptly navigate clients through the intricacies of the law in order to find effective, personalized solutions for each client’s particular legal needs. We have successfully litigated or reached favorable settlements for individual and entity clients in both federal and state proceedings, as well as alternative dispute resolution proceedings, among others.

Business Litigation

Gupta Evans & Ayres’ expertise in bankruptcy law and civil litigation enable us to adeptly navigate clients through the intricacies of the law in order to find effective, personalized solutions for each client’s particular legal needs. We have successfully litigated or reached favorable settlements for individual and entity clients in both federal and state proceedings, as well as alternative dispute resolution proceedings, among others.

Ajay Gupta

Ajay is one of 14 Bankruptcy Specialists certified by the State Bar of California in San Diego County and is widely regarded as an authority in real estate and business law. Ajay is a formidable trial attorney and has extensive experience that helps him craft unique solutions to impossible situations. While undoubtedly capable, Ajay’s late for most of his meetings — so please plan accordingly.

Ajay Gupta

Chris Evans

Chris focuses on the firm’s real estate and business litigation practice and has successfully obtained favorable judgments or settlements for his clients in a variety of matters. Clashes and disputes among the owners or principals of a business, often where one owner is alleged to have wronged the other, is an area in which Chris has a particular emphasis. Chris is highly punctual, a really fun guy, and has recently stopped making excuses for Ajay’s tardiness.

Jake Ayres

Jake has extensive experience in real estate, land use business litigation, including nondisclosure, writs of mandate, and matters in the burgeoning area of cannabis and hemp law. Prior to his time at Gupta Evans and Ayres, Jake practiced at a large national law firm in intellectual property and commercial litigation. He is delighted to add his name to the logo and would like to stop discussing the temporal habits of his co-workers.

Chris Evans

Jake Ayres

Meet the Rest of the Team

Case Stories

Like case studies but written in a way that they’re interesting to read.

At its core, our firm is about people. Our mission—and passion—is to respect, empower, educate, and advocate for our clients by providing them with our expertise and objectivity. While there isn’t 100% certainty with any litigation or transactional matter, by educating our clients, we help them appreciate the risks, understand the process, and make better decisions that allow for predictability of outcomes. Below is a small selection of matters where we were able to successfully shepherd our clients through thorny issues of law and fact.

Case Stories

Like Case Studies but written in a way that they’re interesting to read.

Our mission and passion is to respect, empower, educate, and advocate for our clients. While there is never 100% certainty with any litigation or transactional matter, by educating our clients, we help them appreciate the risks, understand the process, and make better decisions into the future. Below is a small selection of matters where we were able to successfully shepherd our clients through thorny issues of both law and fact.

Read Case Stories Here

Equitable Title / Real Estate Litigation

Ex parte filing in the 11th hour saves parents home from auction.

PA had been involved with a protracted legal dispute that spanned nearly 8 years. As part of that process, PA had received a judgment in excess of $300,000 (different law firm of course… ). Along the way, PA had purchased a property for the benefit of her parents. The property itself was titled in PA’s name, however, PA’s parents had acquired the property using their own funds, resided at the property, paid for maintenance and insurance, and they exercised exclusive dominion and control over the Property. The judgment creditor’s lien attached to PA’s parents’ property and the judgment creditor was moving for an order to sell that property. We were able to stop it at the 11th hour through an evidentiary hearing that showed that equitable title was properly vested in the name of PA’s parents.

Corporate Litigation Bankruptcy Adjacent Expertise

Bad actor tried to shield misdeeds behind bankruptcy.

Smarter is a private money lender with numerous investors. Smarter lent money to a Borrower to buy a large, 230-acre parcel in Alpine. Unbeknownst to Smarter, Borrower had been fraudulently taking funds from investors for years using forged financial statements. The house of cards that Borrower built fell apart within a year of Smarter’s loan. As Smarter moved towards foreclosure, Borrower then sought bankruptcy protection. With the firm’s help, Smarter was able to successfully and timely obtain relief from the automatic bankruptcy stay and foreclose on the fraudster Borrower’s property to recoup its investment, all while Borrower was under criminal investigation. The case involved multiple Chapter 11 filings by different entities.

Accusations of Fraud at Large Wireless Carrier

Manager dispute leads to litigation in fraud and capital contribution dispute

Client was sued by former Managers/Investors. Our office represented the entity and Dentons represented the current Managers. We were brought into this case because of our expertise with fraudulent transfers and skip tracing of funds. At the inception of the Company, Manager A suspected Manager B of stealing funds from the Company. Manager B had exclusive access to all the books and maintained a similar company covering a different territory in Los Angeles. Knowing that funds had been commingled and assuming that there was some wrongdoing, Manager A ousted Manager B and went on to build a very successful company. After 3 years, Manager B came back for his equity after Manager A had invested significant funds and grown the company significantly.

What We’re Doing Here

Great work with great people.

Gupta Evans and Ayres is happy to announce the opening of a new office in Los Angeles! You can find our new office at 555 West 5th Street, 35th Floor, Los Angeles, CA 90013. We look forward to expanding our services and solutions to the Los Angeles area.

If you have any questions regarding the new location, you can contact us at (619) 866-3444. We are open from 9AM to 6PM.

Our events are a great way to get to know us and the best of the best in our business community. Join us next time or check out the upcoming SD Bar association, ProVisors and EO events in the San Diego and North County area

SD Events For Lawyers

What We’re Doing Here

Great work with great people.

SD Events For Lawyers

Articles & Insights

Oh The Places You Will (Or Won’t) Go: An Update on Commercial and Residential Evictions in California Amidst COVID-19

December 8, 2020/in All Blog Posts, Corporate Litigation, Real Estate/by Chris Evans

Given the ongoing COVID-19 pandemic and the resulting changing legislative landscape, the state of commercial and residential evictions in California has been in what feels like a constant state of flux. Since March of this year, mandates and ordinances have been implemented at the state and local levels, rules have been adopted and withdrawn from the California judiciary, legislation was finally passed by the California legislature, and the Centers for Disease Control and Prevention (“CDC”) even chimed in in September. These changes have often led to more questions than answers.

Flowchart: California COVID-19 Eviction Protections

December 8, 2020/in All Blog Posts, Real Estate/by Chris Evans

Covid-19 Residential Eviction Protections Flow-Chart.

Understanding California’s Interpretation of Force Majeure in the Context of COVID-19

October 26, 2020/in All Blog Posts, Corporate Litigation/by Ajay Gupta

In the wake of the COVID-19 pandemic, state and local governments throughout the U.S. ordered restaurants, bars, and shopping centers to shut down, while essential businesses were permitted to remain open. These drastic measures have forced small and large companies to close their doors forever; however, most businesses are still struggling to find ways to morph what was a viable business model into something capable of surviving for the next 12 months. Force majeure, or the so called “Act of God” provision associated with all contracts, is an essential tool in helping businesses traverse the COVID-19 valley of death.

Chapter 420 Bankruptcy?: How In re United Cannabis Could Open the Doors to Bankruptcy Relief for Cannabis-Adjacent Businesses

September 12, 2020/in All Blog Posts, Cannabis, Corporate Litigation/by Jake Ayres

Let’s say you’re a hemp/CBD business (that also services the cannabis industry in a limited capacity) and COVID-19 has hit you. Hard. You’ve stretched your resources as far as you can, but you’re still on the ropes financially. The California eviction moratorium has been rolled back and your local eviction moratorium—the only thing protecting commercial tenants (in San Diego County and many others)–is about to expire at the end of September. The CDC has issued an order forbidding evictions until the end of the year, but only for residential tenants. Your landlord is waiting in the wings to be paid in full for the back rent you couldn’t afford to pay during the lockdown.

California Bill to Substantially Increase the Homestead Exemption Goes to Governor Newsom for Signing (AB 1885)

September 3, 2020/in All Blog Posts, Corporate Litigation, Real Estate/by Ajay Gupta

With all the craziness around eviction moratoriums, COVID-19, and election politics dominating the headlines, the California legislature quietly passed AB 1885 (its Senate Corollary was SB 832) on Tuesday, September 2nd. AB 1885 increases the California homestead to the greater of $300,000 or the countywide median sale price of a single-family home in the calendar year prior to the year in which the judgement debtor claims the exemption, not to exceed $600,000. As a frame of reference, the following are projections for a few of California’s major metropolitan areas:

Discussion: California Legislature Set to Halt COVID Related Evictions on August 31st Through AB 3088

August 29, 2020/in All Blog Posts, Corporate Litigation, Real Estate/by Ajay Gupta

On August 13th, the California Judicial Council amended its emergency rules to lift the statewide ban on evictions. In doing so, the Courts effectively passed the baton to the California Legislature to develop and pass a bill to address the looming eviction crisis set to erupt on September 1, 2020 when the statewide eviction ban is formally withdrawn. After weeks of drafts, negotiation and compromises between lawmakers, tenant advocates and landlord organizations, Governor Newsom has announced Assembly Bill 3088, known officially as the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (the “AB 3088”). The Relief Act will be voted on in the Senate on August 31, 2020 and will need a 2/3 majority vote to pass and be sent back to the Assembly.

Upcoming Webinar: Exploring California’s Looming Eviction Crisis – Legislative Options for Renters and Landlords

August 26, 2020/in All Blog Posts, Real Estate, Webinars/by Ajay Gupta

On August 13th, the California Judicial Council amended its emergency rules to lift the statewide ban on evictions. Measures passed by Governor Newsom and local cities still remain in place to try and slow the pace of evictions; but, by and large, the now-lifted statewide eviction freeze was the only thing that was stopping the flood of evictions that everyone knows is coming.

Update for California Landlords and Renters: California’s Eviction Ban Is Expected to Be Lifted

August 12, 2020/in All Blog Posts, Corporate Litigation/by Dylan Contreras

On August 13, 2020, the Judicial Council of California will vote on a proposal to lift California’s statewide eviction ban. If the ban is lifted, starting September 1, 2020, California State Courts can resume all unlawful detainer proceedings that came to a sudden halt in April of 2020 and begin processing all unlawful detainer complaints filed during the eviction freeze.

Reading the Sativa Leaves: Between the Lines of the FDA’s Report to Congress on Hemp and CBD Testing

July 17, 2020/in All Blog Posts, Cannabis, Corporate Litigation/by Jake Ayres

On July 8, 2020, the United States Food and Drug Administration (FDA) recently issued a highly anticipated report to Congress regarding the results of its preliminary campaign of testing of cannabidiol (CBD) products on the market for both mislabeling and adulteration. Although the authors of the report were careful to include numerous caveats about the conclusions that can be drawn from the report[1], the report does provide some potential indications about the future of the industry.