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 representing both insured and insurers in 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 20 years of practice, Brendan has extensive bench and jury trial experience, having tried dozens of matters.  Most recently, Brendan was part of a trial team that successfully defended a high-end window manufacturer against an action brought by the owner of a 64,000 square foot mega mansion built outside of Moscow, Russia. 

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 and two children.  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 Claims Matters

  • Successfully defended insured lender against tort claims stemming from fraudulent reconveyance, grant deed and deed of trust.
  • Successfully defended 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.
  • Successfully defended owners against quiet tile action brought by lender who had mistakenly filed reconveyance.

Representative Salvage Matters

  • Made complete recovery of over $350,000 loss for insurer stemming from tax liens.
  • Partially recovered insurer loss from hard money loan broker under negligence and fiduciary theories and obtained judgment and restitution order against fraudster.
  • Recovered over $200,000 loss for insurer stemming from fraud scheme.
  • Partially recovered insurer loss from hard money loan broker under negligence and fiduciary theory and obtained judgment against fraudster. 

Professional Associations and Memberships

  • Los Angeles County Bar Association (LACBA)
  • LACBA Title Insurance Subsection Steering Committee, 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