STEVEN A. MCKINLEY

sam@akfm.com

EDUCATION

  • University of San Diego, 1979, Juris Doctor
  • San Diego State University, 1976, Bachelor of Arts with Distinction in Political Science

PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS

  • California State Bar Association
  • Nevada State Bar Association
  • San Diego County Bar Association
  • San Diego County Board of Realtors

PROFESSIONAL DESIGNATIONS AND LICENSES

  • Admitted to Practice Before All Courts in State of California
  • Admitted to Practice Before All Courts in State of Nevada
  • United States District Court, Southern District
  • United States District Court, Central District
  • United States Court of Appeals, Ninth Circuit
  • "A-V Preeminent" Rating by Martindale-Hubble, 1999-Present

PROFESSIONAL AREAS OF PRACTICE

  • Eminent Domain and Inverse Condemnation
  • Real Property Litigation
  • Real Estate Broker Liability
  • Alternative Dispute Resolution
  • Breach of Contract
  • Agreed Boundaries
  • Adverse Possession
  • Prescriptive Easement
  • Quiet Title
  • Title Insurance
  • Insurance Bad Faith
  • Construction Defects
  • Landlord and Tenant Relations
  • Business and Partnership Disputes
  • Land Use, Land Entitlement, Land Acquisitions and Development
  • Tentative Map and Final Map

PROFESSIONAL EXPERIENCE

  • Partner: Freeland McKinley & McKinley
  • 2011-Present
  • Partner: Asaro Keagy Freeland & McKinley
  • 1988-2011
  • Associate: Asaro & Keagy
  • 1983-1987
  • City of San Diego, Civil Division, Deputy City Attorney:
  • 1982-1983
  • City of San Diego, Criminal Division, Deputy City Attorney:
  • 1981-1982
  • Associate: Dorman & Dorman
  • 1979-1981

PUBLISHED DECISIONS IN THE CALIFORNIA SUPREME COURT

  • INDEMNITY LAW:
  • Bay Development, Ltd. v. Superior Court (1990) 50 Cal.3d 1012
  • (cross complaint for implied contractual indemnity barred by good faith settlement determination)

  • TRUST DEED/FORECLOSURE LAW: Thoryk v San Diego Gas & Electric, et. al.. (2014) 225 Cal. App. 4th 386 (scope of lender's remedies against additional collateral after non-judicial foreclosure).
  • REAL ESTATE BROKER/AGENCY/FRAUD LAW: Manderville v. PCG&S (2007) 146 Cal.App.4th 1486 (CAR form residential purchase agreement and BIA provisions insufficient to exculpate real estate broker from fraud claims); Brown v. FSR Brokerage, Inc(1998) 62 Cal.App.4th 766 (real estate broker liable for failure to timely disclose dual agency notwithstanding buyer signing agency disclosures at opening of escrow).
  • EMINENT DOMAIN/INVERSE CONDEMNATION LAW
  • Red Mountain, LLC v. Fallbrook Public Utility District (2006) 143 Cal.App.4th 333 (inverse condemnation liability could not be based upon interpretation of ambiguous grant language against public entity).
  • LAND USE AND MUNICIPAL LAW College Area Renters & Landlords Assn. v. City of San Diego (1996) 43 Cal. App. 4th 677 (ordinance restricting student occupancy of single family residences struck down as violating equal protection clause): Mira Development Corp. v. City of San Diego (1988) 205 Cal.App.3d 1201 (City not required to rezone to conform to general and specific plan).