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Jul. 15, 2015

Joseph W. Cotchett Jr.

See more on Joseph W. Cotchett Jr.

Cotchett Pitre & McCarthy LLP | Burlingame | Products liability and land use

Cotchett in November defeated Silicon Valley billionaire Vinod Khosla in the co-founder of Sun Microsystems Inc.'s bid to privatize a popular surf spot in Northern California.

The lawsuit presented a tough challenge of proving the defendant violated law when he shut a gate on the property that existed there before he bought it for $32 million.

In doing so, his companies Martins Beach LLC 1 and 2 impeded the public's ability to reach a 200-acre plot of land south of Half Moon Bay.

"We had to stop a multi-billionaire from closing down some of the most beautiful acres on our coast," Cotchett said.

The question presented at bench trial to Barbara J. Mallach was whether closing the gate constituted "development" of the property. Mallach said it did.

"Development under the Coastal Act does not require any physical change or alteration of land," she wrote. Surfrider Foundation v. Martins Beach LLC 1 et al., 520336 (San Mateo Co. Super. Ct., filed Mar. 12, 2013).

- SAUL SUGARMAN

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