Current Employment Position(s)

Partner

Lawyer Overview

Duane M. Montgomery is a partner in Gilchrist & Rutter. His practice focuses on real estate and business transactions, including real estate secured financing matters, acquisitions and dispositions, title reviews, foreclosures, loan workouts, commercial leasing, partnership formations and organization, joint venture matters, and mobile home park conversions.

Mr. Montgomery also counsels clients on estate planning matters, and assists medium and small businesses in the formation of limited liability companies, corporations and partnerships.

Mr. Montgomery co-authored Options, Rights of First Refusal, Rights of First Negotiation and Rights of First Offer: A Guide Through The Maze, published in Corporate Real Estate and the Law (Summer 1999), and Elective Procedures: Tenants and Buyers Benefit from an Understanding of Basic Future Rights, published in California Real Estate Journal (September 1999).

Mr. Montgomery earned his J.D. degree at the University of Michigan Law School, Ann Arbor. He received his M.A. from Andrews University, Berrien Springs, Michigan, and his B.A. Phi Alpha Theta from Newbold College, in Bracknell, England.

Representative Experience:

Negotiated and documented $310-million restructured financing transaction for a major downtown Los Angeles high-rise, including a $200-million revolving credit line.

Negotiated and documented a $64-million "Repo" transaction.

Negotiated and documented $136-million acquisition and financing of a major property in Santa Monica, California.

Represented client in both pre-formation and formation transactions to create operating partnership that raised $175 million in IPO launched on the NASDAQ.

Negotiated and documented complex tenancy-in-common transactions of $11.8 million and $7.7 million.

Served as Vice President and Associate General Counsel to a former major savings and loan association.

Negotiated and documented numerous securitized mortgage transactions on projects involving loans of from $5 million to $200 million.

Negotiated and documented development, management and leasing agreements for major multiple-phase development.

Negotiated and documented mezzanine loan and mezzanine capital transactions for hotel, office multifamily and retail projects.

Represent major financial institutions, lenders, landowners, borrowers and developers in large, medium and small real estate and business transactions.

Areas of Practice

• Real Estate Law
• Business & Commercial Law

West Practice Categories

Business & Commercial Law, Real Estate Law

Bar Admissions

• California, 1985
• U.S. District Court Central District of California, 1992
• U.S. Tax Court, 1992

Professional Associations and Memberships

• California State Bar Association, 1985 - Present (Member)
• Los Angeles County Bar Association, 1985 - Present (Member, Real Estate Section)
• Real Estate Executive Counsel, 2003 - 2004 (Member)
• White Memorial Medical Center, 2001 - 2004 (Board Member)
• Southern California Association of the Seventh-Day Adventist Church, 1996 - 2004 (Board Member)

Honors and Awards

• Super Lawyer in Real Estate Law, Southern California Super Lawyers, 2009

Classes and Seminars

• "Selected Issues in Conduit Financing", American Conference Institute's conference on Alternative Financing in Commercial Real Estate in New York, New York, October 19, 2006 - October 20, 2006
• "Conduit Financing - CMBS and Non-Resource Carve-Outs in Securitized Loans", American Conference Institute's conference on Alternative Financing in Commercial Real Estate, Las Vegas, Nevada, March 26, 2007 - March 27, 2007

Pro Bono Activities

• Estate Planning, Barristers AIDS Legal Services Project, 2005 - Present

Past Employment Positions

• Morgan Lewis & Bockius
• Jones Day Reavis & Pogue
• Columbia Savings & Loan Association
• Coudert Brothers

Education

• The University of Michigan Law School, Ann Arbor, Michigan, 1984
  Doctor of Jurisprudence
• Andrews University, Berrien Springs, Michigan, 1980
  Master of Arts
• Newbold College, Bracknell, England, 1978
  Bachelor of Arts
  Honors: Phi Alpha Theta

Published Works

• "Options, Rights of First Refusal, Rights of First Negotiation and Rights of First Offer: A Guide Through the Maze" (Co-Author), Corporate Real Estate and the Law, Summer 1999
• "Elective Procedure: Tenants and Buyers Benefit from an Understanding of Basic Future Rights" (Co-Author), California Real Estate Journal, Vol. 9, No. 9, September 1999

Address

Professional Corporation
1299 Ocean Blvd.. Suite 900
Santa Monica, CA 90401

Phones

310-393-4000

Faxes

310-394-4700

Emails

Contact Us

Websites

http://www.gilchristrutter.com