Patricia A. Boyes

Patricia A. Boyes

Attorney Profile

Top Rated Real Estate Attorney in San Jose, CA

BoyesLegal, APC
 | 84 W. Santa Clara Street, San Jose, CA 95113
Phone: 408-572-5665
Fax: 408-572-5567
Selected To Super Lawyers: 2020
Selected To Rising Stars: 2012 - 2016
Practice Areas:
  • Real Estate: Consumer (30%),
  • Personal Injury - General: Plaintiff (30%),
  • Estate Planning & Probate (30%),
  • Real Estate: Business (10%)
    Attorney Profile

    I have pursued a legal career in order to help people who are feeling overwhelmed to reclaim their power and to assert their rights, while at the same time maintaining the highest ethical standards in and out of court.

    My goal is to help people solve their legal problems as efficiently and cost effectively as possible. Even though I am experienced in all phases of civil litigation, up to and including preparation for trial, I have also participated in numerous successful negotiations and mediations which eliminated the necessity of lengthy and costly litigation. It is always preferable to try to reach a resolution to any dispute sooner rather than later.

    I currently represent clients in matters involving real estate law, Trust and Estates, Probate, Personal Injury and Mediation.

    About Patricia Boyes

    Admitted: 2006, California

    Professional Webpage: https://www.boyeslegal.com

    Bar/Professional Activity:

    • Member American Bar Association, State Bar of California, Santa Clara County Bar Association, Santa Cruz County Bar Association, California Women Lawyers, 2019

    Scholarly Lectures/Writings:

    • Often a realtor, broker or other real estate entity (“equity purchaser”) will offer to bring a homeowner's mortgage, or mortgages, current and to make monthly mortgage payments until the property is re-sold.  In return the homeowner is asked to transfer title to the property to the equity purchaser.  The “agreement” usually also sets forth some terms regarding how much money the homeowner might eventually receive from the equity purchaser.  In addition, the “agreement” often requires that the homeowner vacate the property within a couple of weeks. Unfortunately, once title is transferred, the equity purchaser is likely to inform the homeowner that it is not going to honor the “agreement” to pay them the agreed upon funds.  If the homeowner then refuses to vacate the property, the equity purchaser can file a Complaint for Unlawful Detainer and force the homeowner from the property.  However, California law provides a powerful weapon to assist homeowners who are victims of this type of activity. Civil Code § 1695 et seq., also known as the Home Equity Sales Contract Act (“HESCA”), was enacted to protect homeowners whose residences are in foreclosure from being subjected to fraud, deception, and unfair dealing by home equity purchasers.  (Spencer v. Marshall(2008) 168 Cal.App. 4th 783.), Author, Foreclosure Scams - Beware of Equity Purchasers, AVVO, 2011

    Verdicts/Settlements:

    • Kant v. Toll Bros. Inc. - Successfully represented Plaintiffs against defendant TOLL BROTHERS, INC. when defendant refused to refund Plaintiffs' deposit of $68,750.00.  Defendants breached the contract by refusing to return the deposit, in full, and claiming it as liquidated damages, after rescission of the contract due to Plaintiffs' were unable to obtain financing and declared the Agreement to be null and void pursuant to Paragraph 6.2.3 of the Agreement.  , 2015
    • Yang v. Hsiu - Settlement in favor of Plaintiffs who discovered after the purchase of their home that the subject property was not located in the School District, which they had chosen for their children even though the MLS listing falsely stated that the property was in that particular School District.  Plaintiffs recovered significant damages against the Sellers and the brokers and agents who provided the false informaiton., 2017
    • Schultz v. Denari et al. - Settlement in favor of Plaintiff who was driving northbound on Darryl Drive, when Defendant exited a parking lot and negligently drove his vehicle across multiple lanes of southbound traffic to enter the northbound lanes of travel at considerable speed and, under heavy rain conditions, without exercising due care for others.  As a result, Mark Denari’s vehicle broadsided Gail Schultz’ vehicle when he attempted to join the northbound traffic.  Plaintiff recovered substantial damages for both physical and emotional damages to her person as well as property damage as a result of this incident.  , 2018
    • Lovering v. Schuster et al. - Settlement in favor of Plaintiffs against Sellers, Brokers/realtors and Home Inspection Company after they discovered that the property they had purchased was wired with aluminum wiring throughout even though the Home Inspection Report stated that the home contained copper wiring.  Plaintiffs further discovered that the walls and the ceiling contained asbestos and that other plumbing, gas and electrical work had been done without permits.  None of these conditions were disclosed to Plaintiffs prior to the close of escrow., 2019
    • Long v. BreidingerPractice Area: Landlord / TenantOutcome: Case settled through mediationDescription: Represented landlord in wrongful eviction action., 2010
    • A. Menekshe v. Dependable Auto ShippersPractice Area: BusinessOutcome: Settlement in favor of PlaintiffDescription: Represented plaintiff in Breach of Contract action against auto shipping company., 2010
    • Friend v. Sears Roebuck and Co.Practice Area: Consumer lawOutcome: Settled prior to trialDescription: Represented Plaintiff in Breach of Contract action, 2011
    • Ragosa v. Ragosa: Respresented Plaintiff in successful partition action against family member regarding inhertied residential property., 2013
    • Del Monte v. GritschPractice Area: Real EstateOutcome: Settled through mediationDescription: Represented real estate broker and agent against non-disclosure claims in purchase and sale of real property., 2009
    • Solano Pacific v. Charles McGill Living TrustPractice Area: Real EstateOutcome: Settled through mediationDescription: Represented real estate broker and agent against breach of contract claims., 2010
    • Myers v. Valle Verde PharmacyPractice Area: Medical malpracticeOutcome: Case settled Description: Represented Plaintiff concerning receipt of wrong prescription, 2011
    • Budd v. Wasserbauer: Successfully resolved dispute for Defendant over respective ownershoip interests in residential property where Plaintiff alleged ownership based on domestic partnership., 2013
    • Lourenco v. Realcom et al.Practice Area: Real EstateRepresented PlaintiffsOutcome: Settlement in favor of PlaintiffsDescription: Represented Plaintiffs in predatory lending case against Washington Mutual Bank, Title Company and mortgage broker., 2009
    • Travelers Property Casualty vs. Rancho Roofing, et alPractice Area: Construction / DevelopmentOutcome: Settled prior to trialDescription: Represented roofing company against insurance company subrogation action for alleged roofing leaks on building., 2010
    • Brewer v. McEneryPractice Area: Construction / DevelopmentOutcome: Settled prior to trial at court ordered mediationDescription: Represented roofing contractor and plastering contractor against construction defect claims made by plaintiffs., 2010
    • Sol v. Escamilla-Caraballo Practice Area: Personal InjuryOutcome: Settled Description: Represented Plaintiff in personal injury/auto accident, 2011

    Educational Background:

    • Monterey College of Law   J.D. 2002 University of San Diego School of Law European Union Law Institute on International and Comparative Law, Paris, France. 2001 California State University, Sacramento   Lifetime Secondary Teaching Credential   California State Univ Sacramento English Literature B.A.

    Industry Groups

    • American Bar Association
    • California State Bar Association
    • California Women Lawyers
    • Santa Clara County Bar Association
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    Office Location for Patricia A. Boyes

    84 W. Santa Clara Street
    San Jose, CA 95113

    Patricia A. Boyes:

    Last Updated: 3/16/2020

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