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Gary M. Funamura

Statement of Practice

Gary M. Funamura is a shareholder in the Litigation Department of Trainor Fairbrook. His primary area of practice is commercial real property litigation.

Mr. Funamura provides construction litigation representation to real property owners, developers, lenders, and general contractors and subcontractors regarding contract disputes, mechanic’s lien, stop notice and bond claims, construction defects litigation and alternative dispute resolution proceedings on both private and public works projects. Mr. Funamura also maintains an active eminent domain and condemnation practice, representing municipalities, agencies, owners and tenants. Mr. Funamura’s general real estate litigation practice includes purchase and sale disputes, easement disputes, partition actions, land use and title issues.

Mr. Funamura has served as a Pro Tem Judge for the Sacramento Superior Court. He has been admitted to practice in the State of California since 1980. He is also admitted to practice before the Eastern, Southern, Northern and Central U.S. District Courts of California and the 9th Circuit U.S. Court of Appeals.

Mr. Funamura has given numerous presentations on construction lien law for industry associations and Lorman’s Educational Seminars.

  • Represented apartment developer against claims by neighboring commercial landowner that access easement for apartments had been extinguished. Judgment in favor of client and jury finding of punitive damages against neighboring landowner for interference with easement.
  • Represented general contractor against contract claim of subcontractor on public works project. Judgment in favor of client, based on subcontractor’s failure to comply with state prevailing wage laws.
  • Represented redevelopment agency in multiple eminent domain actions for acquisition of city block for major redevelopment project.
  • Represented shopping center developer against contractor’s in payment claim and delay dispute. Successfully mediated favorable result for client.
  • Represented golf and country club in complex negotiations with landowner, homeowner’s association, community services district, and contractors for bridge construction project.
  • Defended and resolved construction lenders and title insurers against over $26 million in lien claims on multiple residential projects after developer default.
  • Successfully defended shopping center developer from CEQA environmental challenge brought by competing developer.
  • Successfully represented landlord in dispute with tenant which would have resulted in tenant’s default on $22.5 million lease.