Phillip Ashman specializes in the areas of business and real estate litigation, creditors’ rights and bankruptcy, and business and commercial real estate transactions. Having litigated almost every type of business and commercial real estate dispute in state, federal and/or bankruptcy court, Mr. Ashman brings unique experience to representing clients in litigation or in a proposed business transaction.
Having spent a large part of his career at large national and international law firms, Mr. Ashman has extensive experience litigating business and real estate related disputes. These cases have involved, among other things, partnership disputes, breach of contract, fraud, breach of fiduciary duty, conversion, rescission, labor disputes, shareholder derivative actions, false advertising, unfair business practices and other related claims. During his career, Mr. Ashman has represented many public companies; large, mid-sized and small private companies; entrepreneurs; and high net-worth individuals.
Real estate litigation has become an ever growing part of Mr. Ashman’s practice. He has represented both buyers and sellers in disputes involving the sale of real property in both high-end residential and commercial transactions. These disputes include non-disclosure cases, actions to compel specific performance, the improper filing of a lis pendens and fraud and breach of fiduciary duty by real estate professionals.
Mr. Ashman’s litigation experience has enhanced his ability to represent buyers and sellers in connection with the sale of real property, including the sale of a $17 million commercial building. Mr. Ashman has also been involved in all aspects of lease negotiation, construction, and operation of new businesses throughout Southern California. Recently, Mr. Ashman negotiated a long-term $20 million commercial lease in connection with the sale of a business. Mr. Ashman also represented clients in the sale of oil producing properties to a public oil company for over $9 million. He was also the lead attorney negotiating the refinance of approximately $10 million in debt on a commercial property. This experience has enabled Mr. Ashman to assist clients in whatever real estate transactions they may become involved in, whether as a buyer, seller, investor, landlord or tenant.
Mr. Ashman also has extensive experience in representing luxury automobile dealerships, including Sterling BMW, Land Rover Newport Beach, Land Rover Mission Viejo, Land Rover Jaguar Cerritos, Land Rover Jaguar Anaheim Hills and Land Rover Jaguar Ventura. In fact, Mr. Ashman has been the lead attorney in the purchase or sale of many of the premier automobile dealerships in Southern California over the last 20 years. He has extensive experience in the issues facing car dealerships at every stage of their development from the letter of intent through ground lease negotiations, construction, operations and ultimately the sale of the business. Mr. Ashman has also represented car dealerships in every conceivable type of litigation in both state and federal court.
Mr. Ashman also represents large financial institutions, and other secured and unsecured creditors in enforcing their claims in state and federal courts, including bankruptcy court. In particular, Mr. Ashman has over 20 years of experience in using pre-judgment remedies such as writs of possessions and writs of attachment to seize defendants’ assets at the outset of a case and thereby compelling the early resolution of many commercial collection matters. In the event of a subsequent bakruptcy filing, as a former law clerk to a U.S. Bankruptcy Judge and creditor’s rights attorney for 24 years, Mr. Ashman has the experience to enforce clients’ rights in Chapter 7, 11 or 13 bankruptcy proceedings.
Mr. Ashman has received the highest rating of AV Preeminent by Martindale-Hubbell® Peer Review RatingsTM. This demonstrates that his peers rank him at the highest level of professional excellence and legal ethics.
Ultimately, Mr. Ashman has a passion for helping clients with their legal needs whatever they may be. Legal problems are often time consuming and expensive and the need for trustworthy, creative, and zealous representation has never been greater.
Areas of Practice:
Business and Real Estate Transactions
Business and Real Estate Litigation
Creditors’ Rights and Bankruptcy
District of Columbia, 1991
U.S. District Court Central District of California, 1989
U.S. District Court Northern District of California, 1990
U.S. District Court Southern District of California, 1990
U.S. District Court Eastern District of California, 1990
U.S. Court of Appeals 9th Circuit, 1990
U.S. Tax Court, 1992
Southern Methodist University Dedman School of Law
University of California, Berkeley
B.A. with Honors, 1986
Honors and Awards:
AV Preeminent Rating by Martindale-Hubbell® Peer Review RatingsTM
Recipient, American Jurisprudence Award in Administrative Law
Phi Delta Phi International Legal Fraternity
Professional Associations and Memberships:
State Bar of California, Member
District of Columbia, Member
Stoneybrooke Christian Schools, Member, Board of Directors
Coast Hills Community Church, Member, Board of Elders
Past Employment Positions:
United States Bankruptcy Court, Hon. John E. Ryan, Law Clerk, 1989 – 1990
Brobeck Phleger & Harrison LLP, Orange County Office, 1990 – 1996
Graham & James LLP, Orange County Office, 1996 – 2000
Delta Sigma Phi Fraternity
University of California, Berkeley