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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.

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.

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

Update: San Diego City Council Extends Moratorium on Evictions and Approves $15.1 Million Rental Assistance Program

July 6, 2020/in All Blog Posts, Corporate Litigation/by Dylan Contreras

On June 30, 2020, the San Diego City Council (the “City Council”) voted to extend the moratorium on commercial and residential evictions through September 30, 2020, and approved a $15.1 million rental assistance program that will provide qualified households with a one-time payment to pay for past-due or upcoming rent.

How Commercial & Residential Tenants Can Save Their Lease Post COVID-19

June 12, 2020/in All Blog Posts, Corporate Litigation, Real Estate/by Ajay Gupta

In a recent three-part blog article, Chris Evans discussed the moratorium on evictions and current rental obligations from a state, local, and judicial level. The blog article revealed that, among other things, San Diego tenants are protected from eviction until June 30, 2020. The article further clarified that landlords cannot initiate an unlawful detainer action until 90 days after Governor Newsom lifts the State of Emergency Declaration. These governmental actions have certainly provided some welcomed breathing room for tenants that have felt the immediate economic impacts of COVID-19 on their lease.

Partition Actions

April 21, 2020/in All Blog Posts, Corporate Litigation/by Ajay Gupta

Generally, when two people purchase property together neither are thinking about what will become of it if they separate. This can become a major problem if such a situation arises, but there are steps that can be taken to guard against excessive losses. While forming a contingency plan for the end of any kind of partnership may not be pleasant, partition actions are for the good of both parties.

Legal Real Estate Issues

April 20, 2020/in All Blog Posts, Real Estate/by Ajay Gupta

Real estate litigation commonly arises from “self-help issues”, or a situation where an individual attempts to resolve a dispute through their own unsanctioned action. This is never advisable, as it can easily lead to further escalation and potentially less civil confrontations. In the video below, Mr. Gupta discusses a situation where a disputed property line ran through one party’s driveway. In order to block this access point the other party erected a low cinderblock wall along the property line. This action only exacerbated the situation, as the erection was unsanctioned in first place, but even its removal would be grounds for further dispute.

Webinar: COVID-19 Impact and Options for Commercial and Residential Real Estate

April 17, 2020/in All Blog Posts, Real Estate, Webinars/by Ajay Gupta

The COVID-19 pandemic has had a dramatic impact on real estate issues and has prompted all levels of government to enact new legislation to mitigate the impact on landlords, tenants, and banks.

Commercial and Residential Evictions in California in the time of COVID-19 (Part 1 of 3) Updated as of: August 13, 2020

April 10, 2020/in All Blog Posts, Corporate Litigation/by Ajay Gupta

As we continue to adjust to the “new normal” of a world battling the Coronavirus pandemic, previously meaningless words and phrases like the “curve,” “social distancing,” or “shelter in place” have become everyday vernacular. New directives continue to be issued that impact our daily lives and add to an already confusing landscape of do’s and don’ts. While good intentioned, the order has resulted in sudden, unanticipated changes in the way businesses can operate, if they can continue to operate at all. This has caused businesses, and the individuals they employ or once employed, to experience severe financial stress with no clear end in sight.

Commercial and Residential Evictions in California in the time of COVID-19 (Part 2 of 3) Updated as of: August 13, 2020

April 10, 2020/in All Blog Posts, Corporate Litigation/by Ajay Gupta

On March 25, 2020, the City of San Diego[1] adopted its own temporary eviction ban when the San Diego City Council unanimously adopted Ordinance No. O-21177. The Ordinance not only halted both residential and commercial evictions through May 31, 2020, but also provided affected tenants with approximately six months to repay any unpaid rent as a result of the Coronavirus pandemic.

Commercial and Residential Evictions in California in the time of COVID-19 (Part 3 of 3) Updated as of: August 13, 2020

April 10, 2020/in All Blog Posts, Corporate Litigation/by Ajay Gupta

On April 6, 2020, the Judicial Council of California adopted 11 categories of COVID-19 emergency rules to assist California courts in a variety of respects, one of which is evictions. Pursuant to Emergency Rule 1, effective immediately, essentially all evictions and unlawful detainers are suspended. The rule prohibits any California Court from issuing a summons on any unlawful detainer complaint, as well as entering the default of any tenant in any unlawful detainer action. There is a narrow exception for actions necessary to “protect public health and safety;” however, this phrase is undefined. As originally drafted, this Rule was set to remain in place until 90 days after Governor Newsom lifts the California State of Emergency declaration.

Webinar: COVID-19 – Impact and Options for SoCal Businesses

April 9, 2020/in All Blog Posts, Bankruptcy/by Ajay Gupta

As the COVID-19 pandemic has surged upwards, our practice has seen a dramatic uptick in the number of calls we’ve been receiving from business owners, including landlords, tenants and lenders, who are all grappling with issues never before seen and seeking answers to questions they have never faced before. In an effort to educate the community and businesses about what we’re seeing in San Diego, we put together a panel on Covid-19 impact and options for a Webinar.