Brendan B. Penney is a Partner in Selman Breitman’s Los Angeles office and is a member of the firm’s Product Liability, Construction Law, Commercial Litigation, and General Liability practice groups. He represents owners, general contractors and subcontractors in construction defect and claims litigation, in both public and private projects, and represents product manufacturers in product liability and product defect matters.  He also has broad experience in in real estate non-disclosure actions, quiet title actions, bad faith claims, real estate fraud, priority disputes, lender liability, and foreclosure issues. Additionally, Brendan has a commercial litigation and general business practice representing property management firms and commercial building owners in connection with contract disputes and providing legal advice with respect to their day-to-day business activities.

With decades-long experience in product liability, construction, real estate, and other business litigation, Brendan is able to manage litigation, regardless of the complexity, both effectively and efficiently.  During his over 25 years of practice, Brendan has extensive bench and jury trial experience, having tried dozens of matters. 

Brendan is a frequent speaker on real estate and title matters as well as litigation and trial preparation.  In addition, Brendan has been a contributing author for various construction litigation treatises.  

Originally from Portland, Maine, Brendan resides in Burbank with his wife, two children, and two rescue dogs.  Prior to joining Selman Breitman, Brendan was a partner with Gibbs Giden Locher Turner Senet & Wittbrodt, LLP in Los Angeles and was with Bryan Cave’s Santa Monica’s office.  Brendan practiced law in his home state of Maine for more than four years before moving to California in 2000.

Representative Construction Defect Matters

  • Obtained dismissal without contribution on behalf of subcontractor in multi-party construction defect litigation involving mixed use apartment building.
  • Successfully defended developer of condominium complex in construction defect action brought under California’s Right to Repair Statute.
  • Successfully defended general contractor in construction defect action involving 69 unit mixed use apartment building.   
  • Obtained a complete defense verdict, following a six month jury trial, on behalf of an electrical subcontractor in a construction defect/contractor replacement action.

Representative Product Matters

  • Successfully defended water heater manufacturer in product defect action.
  • Successfully resolved numerous product related subrogation claims for little to no contribution on behalf of product manufacturers.
  • Obtained a complete defense verdict, following a 4 week jury trial, on behalf of a high-end window manufacturer in an action brought by the owner of a 64,000 square foot mega mansion built outside of Moscow, Russia. 

Representative Real Estate Matters

  • ​Recovered $800,000 on behalf of commercial landlord in beach of lease action against major retailer.
  • Obtained $1.2 million judgment on behalf of commercial landlord in fraud and breach of lease action against commercial tenant.
  • Successfully defended insured lender against tort claims stemming from fraudulent reconveyance, grant deed and deed of trust.
  • Successfully defended title insurer against bad faith claim.
  • Successfully prosecuted claim on behalf of insured owners resulting from fraudulent assignment.  Insured received clear title without any contribution by insurer.

Professional Associations and Memberships

  • Los Angeles County Bar Association (LACBA)
  • LACBA Title Insurance Subsection Steering Committee, Member, Former Co-Chair

Related Industries

Bar Admission

  • California, 2000
  • U.S District Court Central District, 2001
  • U.S. District Court Eastern District, 2002
  • U.S. District Court Northern District, 2002
  • U.S District court Southern District, 2002
  • U.S. Court of Appeals 9th circuit, 2002

Education

Syracuse University College of Law, J.D., magna cum laude, 1995

Order of the Coif

Syracuse Law Review and Justinian Honorary Society

University of Wisconsin, Madison, B.A., 1989

Major: Political Science and History