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Alan R. Johnston

Alan R. Johnston legal practice combines a diverse background. He graduated with a Bachelors Degree in zoology from UCLA in 1971 followed by Graduate School at Florida State University, Tallahassee, Florida. In 1972, Mr. Johnston commenced a career as a Research Biochemist at Scripps Clinic and Research Foundation, San Diego, a world renowned center for the study of immunopathology, microbiology and genetic engineering.

In 1980, Mr. Johnston received his Juris Doctor Degree from Western State University School of Law California and was admitted to the California Bar the same year. While at Western State, Mr. Johnston distinguished himself academically as a member of the Law Review for his last two years. He also graduated in the top ten percent of his class. Throughout law school, Mr. Johnston continued to be an active member of the research team at Scripps and contributed significantly to the research effort.

Mr. Johnston began his construction defect litigation career with Duke Gerstel Shearer, LLP in 1985. Since 1985, Mr. Johnston has been personally involved in recovering over $50 million for Homeowner Associations; homeowners and individuals concerning construction defects relating to soils problems, structural seismic safety defects and architectural civil mechanical and acoustic issues. He has resolved cases by way of settlement, trial and pre-litigation negotiations and is familiar with all methods of dispute resolution including arbitration, mediation, trial or alternative dispute resolution.

Mr. Johnston defended Watt Industries, Robinhood Homes and MCR Development in a complex lawsuit stemming from their involvement in San Diego single-family residential developments. The project had serious soils problems as well as fraud allegations and kept the parties embroiled in vigorous litigation for four years. Mr. Johnston gained a valuable "view from the other side" which is critical in settlement negotiations.

Mr. Johnston has developed an expertise in the area of insurance law that is critical given the recent changes in the law and changes the philosophy of insurance carriers in adjusting construction defect claims. Mr. Johnston was a key contributor to the court’s rulings in the seminal cases of Home v. Landmark, 205 Cal. App.3d. 1388 (1989); Maryland v. Reeder, 221 Cal.App.3d 961 (1990); Montrose Chemical Corp. v. Admiral Insurance, 92 Daily Journal, DAR 2733 (March, 1992).

In the last few years, Mr. Johnston has represented homeowners in disputes with their association board of directors regarding excessive assessments, irregularities in architectural approval and associations enacting unreasonable and punitive By-Laws. Individual homeowners have specific rights under the Davis-Sterling Act which provide oversight to the financial and governance activities of associations. Individual homeowners have enforceable rights against “runaway” association boards, both politically and legally.