By applying a strategic planning process to litigation, Steven L. Kester, a former Deputy District Attorney and U.S. Marine, is able to provide positive and timely results for his institutional and individual clients.  This approach allows Steve to seize the initiative early in the process and stay ahead of his opponent through final resolution of the case.

Focused on California’s Financial Institutions and Leaders

Steve’s strong understanding of practices and procedures employed at banks, savings and loans, title companies, escrow companies and credit reporting repositories makes him a seasoned advocate for clients in the financial services industry.

With more than 30 trials, numerous arbitrations and mediations, and multiple arguments presented before the California Courts of Appeal and Ninth Circuit Court of Appeals, Steve brings a unique combination of experience and accomplishments to the practice of law.

Litigator in Financial Services, Real Estate and Environmental Law

Steve’s practice areas include banking, real estate, real estate financing, escrow practices, credit reporting, title matters, and investigation and prosecution of a wide range of fraudulent practices.

He also represents clients in disputes and concerns involving environmental contamination of soil and ground water, creditor’s rights, employer rights and duties, insurance coverage, formation of business entities, corporate governance and estate planning.

Advisor to Top California Clients

His clients include Old Republic Title Company, Mara Escrow, Odyssey Escrow, Pacific Mercantile Bank, National Bank of California, Toyota USA Marketing and Sales, MPG Construction, Sharma Developments and Corente Insurance.

Steve Kester’s representative matters include:

Financial Institution Representation

• Quiet Title - Successful defense of a lending institution in connection with a challenge to the validity of its six figure deed of trust.  Steve has extensive experience defending attacks on the enforceability of security interests in real estate financing transactions.
• Wrongful Foreclosure - Defended financial institution in trial and appellate courts against claims of wrongful foreclosure based on alleged violation of reinstatement and/or payoff rights under the California Civil Code.
• Escrow - Represented national bank in trial and appellate courts against claim that it mishandled a loan escrow for the purchase and financing of a chiropractic practice.  Trial court entered judgment in favor of the bank.   The Court of Appeal upheld the trial court judgment in full.
• Fraudulent Transfer & Cancellation of Instruments - Obtained state court judgment on behalf of federal savings bank determining that fraudulent title documents constituted a fraudulent transfer and violated California’s Unfair Competition Law as an unfair and illegal business practice.  The court ordered cancellation of the fraudulent documents and recordation of the judgment of cancellation, and awarded savings bank all of its attorney fees and costs.
• Credit Reporting - Achieved positive resolution for banking institution in connection with claim for violation of the Fair Credit Reporting Act.
• Sexual Harassment - Negotiated settlement favorable to employer on claims arising out of employee’s sexual harassment allegations.

Environmental Law

• Environmental Contamination - Defended land owner in State Court action against indemnity, trespass and nuisance claims arising from soil and ground water contamination at an abandoned automobile dealership.  An Evidence Code foundational hearing resulted in the court ruling that plaintiff’s expert was unqualified to express an opinion on the value of stigma damages arising from environmental contamination.  As this functionally destroyed plaintiff’s non-cleanup damages claim, land owner was able to secure a dismissal with prejudice.
• Environmental Contamination - Represented sheet metal fabricator in connection with CERCLA contribution claims in Federal Court.  Following extensive analysis of the scope and source of soil and ground water contamination at the site, the client was able to settle favorably.

 Recovery Actions

• Real Estate Investment Fraud - Six figure recovery for group of investors.
• Financial Elder Abuse - Six figure recovery on behalf of elderly homeowner.
• Investment Fraud - Six figure recovery for parishioners against pastor.
• Straw Buyer Fraud - Six figure recovery for mortgage guaranty insurance carriers.
• Personal Injury - Six figure recovery against negligent tow truck operators.
• Personal Injury - Six figure recovery against hotel due to remodeling design defect.

 Transactional Matters

• Incorporations - Preparation of organizational and maintenance documentation for California corporations including articles of incorporation, minutes of organizational meeting, bylaws, annual shareholder and director meeting minutes, resolutions, meeting notices and waivers.
• Limited Liability Companies - Preparation of articles of organization, member operating agreements, minutes of member meetings and operational resolutions.
• Corporate Training - Presentation of seminar on avoiding employee claims for harassment.
• Estate Planning - Preparation of wills, trusts, powers of attorney and durable powers of attorney for healthcare purposes.