Kenneth Gaines graduated from UCLA in 1966 with a B.S. in Business Administration. There, his studies focused on real estate and finance. He then obtained his J.D. degree from the University of California, Hastings College of the Law. At Hastings, Kenneth was both a participant and a member of the Editorial Board of the Hastings Law Journal, a recipient of two scholarships and a Board of Directors merit grant for academic excellence, and the American Jurisprudence award for his coursework.
Since his admission to the California Bar in January 1971, Kenneth has specialized in several areas of complex litigation and transactional work. Kenneth devotes a substantial portion of his practice on issues related to real estate – both transactions and litigation – including residential, apartment houses, commercial, and industrial. Because of his vast expertise, he often consults with other attorneys, he has testified as an expert witness and he has served as special real estate counsel to bankruptcy trustees by appointment of the United States Bankruptcy Court. Kenneth has since retired and is no longer admitted to the state bar.
In the real estate arena, he has extensive knowledge of purchase and sale transactions; broker rights and liabilities; financing, including the rights of borrowers and lenders; foreclosures – both non-judicial and judicial, including rights to a deficiency judgment; landlord/tenant disputes; title issues, including title insurance litigation; neighbor disputes; problems with trees and shrubs; easements, enforcement of CC&R’s; homeowner’s associations; construction disputes; fraud relating to real estate transactions and has special expertise in the area of remedies.
Kenneth also focuses his efforts on class action matters, representing plaintiffs in the employment, privacy, and consumer contexts. Kenneth has been appointed class counsel by numerous California State and Federal Courts, representing classes ranging from several dozen to several million, members. Kenneth has recovered millions of dollars for employees and consumers.
From 1973 until 1978 he was an Adjunct Professor of Law at Mid-Valley College of Law (since merged with University of San Fernando Valley) where he taught Real Property, Secured Real Estate Transactions, Modern Real Estate Transactions and Trusts.
Kenneth is also the author of How to Sell (and Buy) Your Home Without a Broker published by Coward, McCann and Geoghegian (G.P. Putnam & Sons). This work was described as “outstanding” by Money Magazine and “an absolute necessity for the novice” by Kirkus Reviews.
Kenneth has participated in countless mediations, both as the mediator and as the attorney for the parties. As a practicing attorney with an active litigation practice, he has personal, firsthand knowledge of the benefits, burdens, costs and expenses of litigating real estate disputes and therefore has a high degree of credibility in making recommendations and evaluations. While serving as a mediator, he is not reluctant to express his opinion as to probable outcomes if litigation is pursued and to suggest alternative measures of resolution.
Selected Representations
Represented consumers in a class action stemming from privacy law violations pursuant to California Penal Code section 632 (unlawful recording of telephone communications without notice) against one of the world’s largest satellite media companies. Settled prior to class certification for $9.48 million.
Represented consumers in a class action stemming from violation of federal credit and debit card privacy laws (the Fair and Accurate Credit Transactions Act of 2003) against a domestic airline. Settled prior to class certification for $1.80 million.
Represented loan officer employees in a class, collective and representative action against nationwide mortgage lender for misclassification as outside salespersons and failure to pay overtime wages or fully reimburse expenses. Settled for $3.5 million.
Represented pizza delivery driver employees in a class and representative action against large international pizza restaurant franchisee for failure to fully reimburse automobile-related expenses incurred in delivering pizzas with their personal automobiles. Obtained class certification and settled just prior to trial for $3.5 million.
Represented multiple individual employees in a wage and hour action against a film producer for failure to pay overtime wages. Settled shortly after filing on confidential terms.
Admissions
- U.S. District Courts for the Central, Eastern and Northern Districts of California
