Attorney Bio: Douglas D. Hughmanick
Terry Hughmanick is a successful litigation attorney with more than 45 years of experience in handling complex real estate cases. Terry has had numerous successful trials, has had extensive alternative dispute resolution experience, has a track record in high stakes real estate litigation matters in the trial and appellate courts and in arbitration forums. His practice involves disputes concerning the rights and duties of real estate fiduciaries; real estate acquisition, brokerage and other contracts; mechanic’s liens; escrow matters; partition, fraud, slander of title and adverse possession claims; secured real property transactions; commercial loan disputes including claims arising in connection with commercial loan guaranties; conveyances; easements; partnership rights; appraisals; contamination of real property and underground waters; construction; commercial leases; title insurance, including defense and prosecution of bad faith claims and disputes arising under comprehensive general liability and other policies, as well as disputes pertaining to homeowners associations and their rights and obligations. In addition, Terry has provided general and transactional representation for major real estate development companies.
Terry was a founding partner of Terra Law in 1999. Prior to joining Terra Law, Terry was a partner at Jackson Tufts Cole & Black LLP.
Additional Information about Terry Hughmanick
Terry was lead counsel for plaintiff in a complex Santa Clara County Superior Court case involving a fraud claim against a major real estate conglomerate. The adversary was represented by a team of lawyers from a prestigious national law firm, including one of their most senior litigators. Terra obtained a substantial compensatory damage award. This award was affirmed on appeal with a directive from the appellate court that the trial court award attorney fees on a portion of the case. Substantial fees were ultimately awarded. The case in question is Orozco v. WPV San Jose, LLC, 36 Cal. App. 5th 375 (2019) and was designated as one of the 10 most significant real property cases in California in 2019 by the California Real Property Journal.
Obtained an award in favor of a client worth approximately $10 million together with approximately 98% of the client’s attorney fees from a panel of AAA arbitrators against two major high-tech corporations.
Recovered $5 million from a major insurance conglomerate which denied coverage for construction defect claims brought against a California real estate development firm.
Obtained a recovery exceeding $1.2 million after a jury trial involving a complex real estate transaction in which property was transferred to a party who had promised, without signing anything in writing obligating him to do so, that he would return the property. A favorable jury verdict was obtained despite the fact that the court had ruled in an earlier proceeding that the client did not have a reasonable probability of prevailing.
Tried a complex real estate breach of contract/fraud case in which the court awarded approximately $2.2 million in damages and approximately $900,000 in attorney fees to our client.
Worked on a successful appeal in a dispute involving option rights concerning three valuable properties located in a corporate campus in which the appellate court overturned the trial court’s ruling and determined that the client was entitled to acquire the realty.
Obtained a recovery against a major developer and others of approximately $1.5 million respecting the attempted termination of a lease in order to allow development of a big box store in a local shopping center.
Obtained a recovery of approximately $1.7 million in a commercial lease dispute against a national corporation which had claimed conditions precedent to its obligations to proceed with the lease had not been satisfied.
Obtained a recovery of approximately $1.4 million against a national firm which had contaminated our client’s property, in AAA arbitration proceedings.
Successfully defended at trial claims seeking to invalidate a foreclosure sale covering a large Northern California Ranch based on defects and omissions from the statutory foreclosure notices.
Recovered approximately $1.5 million in damages on behalf of a developer in commercial arbitration proceedings concerning breach of a development agreement.
Successfully defended clients against claims on multi-million dollar commercial loan guarantees.
Successfully defended against claims seeking to establish easement rights over commercial property.
Successfully handled and defended numerous other matters involving environmental contamination issues, brokerage disputes, secured transactions, foreclosures, mechanics’ liens, breach of fiduciary duty issues, construction disputes, easement disputes, real estate purchase contracts, fraud and business tort claims, title insurance and escrow disputes and acted as trustee, in the wind-up and liquidation of a real estate development conglomerate.
Areas of Practice
Litigation and Dispute Resolution
Complex Real Estate
Litigation Percentage
90% of Practice Devoted to Litigation
Bar Admissions
State of California, 1974
U.S. District Court Northern District of California
U.S. District Court Eastern District of California
U.S. Court of Appeals 9th Circuit
Education
University of California, Hastings College of the Law, San Francisco, California
J.D. – 1974
University of California, Davis, California
B.A. – 1970
Honors and Awards
Northern California Super Lawyer, 2006 - 2022
AV rated (the highest given) by Martindale-Hubbell for over 10 years
2023 AV Preeminent Attorney
Professional Associations and Memberships
California State Bar Association, Real Property Law Section, Member
Santa Clara County Bar Association
Past Employment Positions
Jackson Tufts Cole & Black LLP, Partner
Western Title Insurance Company, Head Litigation Counsel