Ajay Gupta

Attorney Profile

Top Rated General Litigation Attorney in San Diego, CA

Gupta Evans and Associates, PC
1620 Fifth Ave, Suite 650
San Diego, CA 92101
Phone: 619-866-3444
Fax: 619-330-2055
Selected to Super Lawyers: 2021
Selected to Rising Stars: 2015 - 2016
Licensed Since: 2006
Practice Areas: General Litigation (20%), Creditor Debtor Rights: Consumer (30%), Real Estate: Consumer (30%), Bankruptcy: Consumer (20%)
Attorney Profile

Ajay Gupta is the founder and senior attorney at Gupta Evans & Associates, PC, in San Diego, California. Nationally ranked among the top attorneys in the country, Mr. Gupta has more than 14 years of total legal experience, and he delivers highly personalized counsel and support to clients throughout San Diego County and the surrounding areas of Southern California who have legal needs involving any of the following:

· Real estate law

· Landlord/tenant issues

· Bankruptcy

· Collections and foreclosure defense

· General civil litigation

A highly accomplished lawyer, Mr. Gupta is one of only a few attorneys in his area with certification as a bankruptcy specialist, and he has conducted lectures and continuing legal education seminars on a variety of topics related to bankruptcy law. He has also become a recognized authority in all areas of real estate law, as well as corporate law.

As an attorney, Mr. Gupta works very closely with his clients and takes a holistic approach when assisting them with their legal matters in order to fully address their needs and increase their chances of obtaining the positive results they seek efficiently and cost-effectively. Honored for his outstanding professionalism and service, he has earned consistent top rankings and endorsements from his peers along with the Leadership Award from the San Diego County Bar Association. In addition, he has also received "Superb" client ratings on Avvo.

A native of Michigan, Mr. Gupta earned his Bachelor of Arts from the University of Michigan in 1997 and his Juris Doctor from the University of San Diego School of Law in 2005. Active in his legal community, he serves on the board of the South Asian Bar Association, as well as chair of the San Diego County Bar Association Bankruptcy Section. He is also a member of the National Association of Consumer Bankruptcy Attorneys, among his other professional affiliations.

Practice Areas
  • 20%General Litigation
  • 30%Creditor Debtor Rights: Consumer
  • 30%Real Estate: Consumer
  • 20%Bankruptcy: Consumer
Focus Areas

Collections, Debt Discharge, Foreclosure, Loan Modifications, Landlord/Tenant, Short Sale, Bankruptcy Law, Credit Repair

Selections

1 Years Super Lawyers
2 Years Rising Stars
  • Super Lawyers: 2021
  • Rising Stars: 2015 - 2016

Certificates and Credentials

About Ajay Gupta

Admitted: 2006, California

Professional Webpage: https://socal.law/attorneys/ajay-gupta/

Verdicts/Settlements

  • Combating Foreclosure Sale Through Preliminary Injunction Order  Description: A client came to us facing an upcoming Trustee’s Sale of his family’s home after the bank had issued a notice of default on his property. The client had evidence of an accepted offer to modify the terms of his mortgage, which the bank had seemingly chosen to ignore. As a result, we filed litigation against the bank for breach of contract and wrongful foreclosure, among other causes of action. Outcome: Although the case is still pending before the Court, we were able to successfully enjoin the sale of the client’s home by obtaining a temporary restraining order (TRO) and also a preliminary injunction order, which prevents the bank from foreclosing until the matter is resolved. Both the TRO and preliminary injunction test the likelihood of prevailing on the merits of the case and are not granted unless the Court finds a strong likelihood of success. We expect a favorable outcome for our client at the end of litigation.
  • Summary Dismissal Against Bankruptcy Trustee and Follow-up Appeal by the Trustee Description: We substituted into this case after it had been in litigation for two and a half years. The Defendant, a 72 year old man out of Texas, was representing himself pro-per against the Bankruptcy Trustee in a fraudulent transfer cause of action. The Court had issued terminating sanctions against my client due to discovery abuses and the case was scheduled for the default prove up hearing at the time I substituted in. After reviewing the case, we submitted a brief outlining several issues with the Trustee’s position. Some of the issues related to a prior Summary Judgment motion involving a previous co-defendant. Some of the issues focused on standing issues and pleading deficiencies. After reviewing the pleadings and oral arguments, the Judge ruled in my client’s favor on all causes of action. Outcome: The case went up on appeal in and I argued my client’s position in front of the Bankruptcy Appellate Panel (BAP) in Pasadena. We recently received the BAP ruling. The BAP essentially ruled that the judge had abused her authority by dismissing the case without giving the Trustee an opportunity to amend his pleadings. The matter was remanded back to bankruptcy court and is still pending.
  • State Civil Jury Trial Against Large Corporate Bank For Wrongful Foreclosure Description: We commenced an action for wrongful foreclosure based on breach of contract that was heard in Superior Court. We represented the plaintiff, an individual homeowner who sued a large, multinational bank for wrongfully foreclosing on his family’s home. Suing a corporate bank is always challenging because, by nature, large banks have ample resources to spend on legal defense and typically, banks do not take these cases lightly. This case went to trial in September of 2011. There was a bench trial in front of the judge on the issue of liability that lasted about a week. We won that portion of the case and the matter was then presented to the jury, essentially on the issue of damages. After approximately another week, the parties agreed to mediation and the case was settled. Outcome: After over 18 months of litigation from the pretrial phase through two weeks of trial, we were able to achieve a sizable settlement in favor of our client.
  • Family Dispute Over Rights to Real Property Description: We represented the Defendants in a case involving a family dispute over rights to title of real property. The Plaintiff sued Defendants for fraud and negligent misrepresentation after title to the property had been transferred to Defendant’s name. Plaintiff alleged that the transfer of title was based on fraudulent statements made by Defendant. In many ways, this case mirrored some of our other actions against large banks. Plaintiff was a successful individual who had ample legal resources available to him, many of which were unavailable to our clients. Outcome: After a year of antagonistic litigation, we went to trial on this issue. In the midst of trial, we were able to achieve only a sizable settlement for our clients. Not only were our clients able to obtain a favorable outcome, monetarily, but they were also able to put this matter behind and begin working on mending the rift that litigation had placed on familial relations.
  • Bankruptcy Bench Trial to Determine Dischargeability Description: This was a bench trial in bankruptcy court alleging fraud, embezzlement, and breach of fiduciary duty related to a hard money loan made to improve a home in Del Mar. I represented the defendant. My client filed bankruptcy and plaintiff sued my client, alleging the debt in question was nondischargeable due to fraud, embezzlement and other related issues. Outcome: The judge ruled in my client’s favor on all counts. My client was allowed a discharge.

Other Outstanding Achievements

  • He is widely recognized amongst the San Diego Legal Community for being one of the best advocates for his clients

Honors/Awards

  • 10 of 10 rating with the AVVO
  • Super Lawyers, 2015 - 2018
  • Leadership Award, San Diego Bar Association, 2010
  • 5 ★ star rating on Yelp

Bar/Professional Activity

  • Member of The Indus Entrepreneur (TiE).
  • Board member of the South Asian Bar Association for San Diego (SABA) since 2008
  • Co-Chair for the San Diego Bankruptcy Section for the San Diego Bar Association since 2010

Educational Background

  • University of San Diego School of Law in 1997, triple majoring in Economics, Psychology and Chinese
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Office Location for Ajay Gupta

1620 Fifth Ave
Suite 650
San Diego, CA 92101

Phone: 619-866-3444

Fax: 619-330-2055

Last Updated: 12/29/2020

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