Areas of Practice

Bar Admissions

  • California

Education

  • J.D., University of Southern California, Gould School of Law, 1996
    Member, Interdisciplinary Law Journal
  • B.S., University of California, Riverside, 1991
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Valentin G. Aguilar, II

Partner

Alen Aguilar represents private and institutional investors and lenders in real estate matters across all asset types in California and throughout the United States, with an emphasis on joint ventures, on workouts and the enforcement of lender remedies for distressed loans, and on the acquisition, financing and disposition of real property and debt instruments in individual and portfolio transactions. Alen also has experience in office, retail and industrial leasing transactions. In addition to his transactional expertise, Alen is a trusted advisor to his clients in negotiating and structuring complex agreements in settlement of protracted real estate disputes and litigation.

Significant Matters


Purchase and Sale Transactions; Joint Ventures; Development
 
  • Representation of a real estate investment firm in the acquisition through joint ventures, and in the financing and disposition, of multifamily, office and retail properties, and of debt instruments, across the United States with a collective value in excess of $6.8 billion.
  • Purchase and sale transactions on various Class A or “trophy” buildings, including:  Aon Center in Los Angeles, California (2003 and 2014); Lake Merritt Plaza in Oakland, California (2014); Wells Fargo Center in Seattle, Washington (2013); Pacific Design Center in West Hollywood, California (1999); and Monument III in Herndon, Virginia (2007).
  • Representation of a national university in various real estate transactions, including a proposed shared-use stadium agreement with a professional football team, and the development of a large mixed-use and student-housing project.
  • Acquisition of a $150 million+ portfolio of multifamily residential buildings in Los Angeles, California, and the subsequent sale of individual properties from the portfolio.
  • A “build-to-suit” and sale transaction involving the development of high-end residential apartments in Laguna Niguel, California, with a total consideration in excess of $50 million.
  • The acquisition, through the owner’s bankruptcy case, of a stalled condominium project located in San Rafael, California.  The acquisition involved (i) gaining control of the senior mortgage, (ii) positioning the client as the “stalking horse” bidder in a Section 363 sale, (iii) negotiating with numerous mechanics’ lienholders and a committee of unsecured creditors, (iv) negotiating and documenting the joint venture and management agreements, and (v) negotiating the acquisition financing.
  • Representation of an opportunity fund in the sale of commercial and residential REO properties located in the Southwestern United States.
  • Lead counsel to the Los Angeles Lakers in their sale of The Forum, the Lakers’ historic home venue in Los Angeles, in connection with the team’s move to Staples Center.
  • Representation of a government-sponsored enterprise on a series of purchase and sale transactions involving a portfolio of 8 multifamily communities located in California, Nevada, Arizona and Florida for a total consideration of approximately $168 million. 

Workouts; Enforcement of Lender Remedies; Finance
  • Workout and enforcement, on behalf of an institutional lender, of $260 million in direct and syndicated loans secured by large tracts of land, finished lots and residential properties in Colorado, Arizona and California.
  • Successful ex parte appointment of a receiver and subsequent foreclosure on the 1 million+ SF Hilltop Mall located in Northern California.
  • Structured and closed an “industry-first” acquisition of a distressed commercial mixed-use building in Santa Monica, California, which involved the purchase of a defaulted CMBS loan, and the subsequent completion of the acquisition through a deed-in-lieu of foreclosure with the owner.  This transaction is reputed to have been the first successful closing of a real estate acquisition structured through the purchase of a defaulted loan from a CMBS pool via an assignment of the special servicer’s right to purchase the defaulted loan.
  • Workout, on behalf of the lender, of a $35 million credit facility secured by senior and mezzanine interests in a portfolio of motels in California.
  • Structured a discounted payoff on a $68 million mortgage loan secured by a portfolio of medical office buildings in California, Arizona and Florida, and representation of the owner in the subsequent sale of individual properties from the portfolio.
  • Representation of a federal savings bank and other financial institutions in numerous foreclosures on commercial properties.

Leasing
  • Successfully closed, on behalf of the landlord, a year-long negotiation against one of the leading art galleries in the world for a complex long-term lease involving the redevelopment of a sprawling historic flour mill occupying several buildings on an entire City block in the Arts District of downtown Los Angeles.  Once opened, the venue is anticipated to be the largest art gallery in the world, offering world-class exhibitions, museum-caliber amenities, and a variety of programs for the public.
  • Lease on behalf of a tenant for an entire office building (100,000 SF+) in Playa del Rey, California.
  • Leases and options involving the development of wind energy farms.
  • Representation of one of the largest shopping center REITs in the United States in various retail leasing matters across the United States.
  • The negotiation and documentation, on behalf of various commercial property owners, of move-out or lease termination agreements involving the use of confessions of judgment or stipulated judgments as a tool for expediting evictions.

Structured Settlements
  • The successful settlement, on behalf of the plaintiff, of a decade-long lawsuit against the City of Half Moon Bay, California after the plaintiff obtained a judgment for an amount that would have forced the City into bankruptcy.  The lawsuit was brought against the City for disapproving entitlements in connection with the development of the client’s 24-acre residential project.
  • Complex restructure, on behalf of a Fortune 500 healthcare services company, of hospital ground leases in settlement of litigation against a Fortune 500 healthcare REIT.
  • Successfully structured and negotiated, on behalf of Menlo College, a master agreement for the physical, operational and legal separation between Menlo College and its associated middle and high schools, Menlo School.  The master separation agreement brought to its definitive conclusion a saga involving more than 35 years of effort by the parties to become completely separate institutions.