John Hurlbut, Jr. has state and federal court litigation experience for corporate, partnership, and individual clients in real estate, corporate, partnership, commercial and business tort matters. John has been practicing business litigation at Rutan & Tucker since graduating from Stanford Law School in 1964. He became a partner in 1970 and during his career has headed the firm’s Litigation and Trial Section and been Managing Partner of the firm.
- Stonegate Affordable Housing Development. Represented nonprofit community land trust in connection with complex financing arrangement using CDBG, HOME, redevelopment agency funds, and tax credits for multi-family and multi-phase affordable housing project in the City of Irvine.
- Historic Fox Fullerton Theatre. Represented redevelopment agency for complex rehabilitation of historic theatre, which involved subdividing property into commercial condominium units, disposition of property, land use and maintenance requirements, negotiating agreements with design professionals and contractors, and multi-year loan disbursements and repayment provisions.
- San Clemente Senior Center. Represented city in negotiations with nonprofit corporation for development and use of property under complicated lease and funding agreement for a senior citizen community center.
- Avalon Bay Density Bonus Housing Project. Represented a city in negotiating and drafting covenants to implement State density bonus obligations and incentives for a multi-family market rate and affordable residential complex, initially having units as rentals with the ability to convert to owner-occupied condominium units.
- Fullerton Transportation Center Specific Plan. Represented city and redevelopment agency in connection with developing and adopting a cutting-edge transit-oriented district (“TOD”) specific plan covering multiple acreage around the Fullerton train station and bus depot, including CEQA compliance and EIR review, General Plan and zoning amendments, and adoption of a fee ordinance for cost recovery associated with the specific plan.
- Land Trust Homebuyer Assistance Program. Represented a nonprofit community land trust in advising and negotiating documents to implement homebuyer assistance programs, using CDBG and other eligible funds, for qualifying affordable households, which include “silent second” mortgages, conditionally forgiven loans, and “equity sharing” covenants.
- Woodbury in Irvine. Represented a city client in connection with a multiple affordable and market rate housing project, which included tax credit and other public financing.
Cuesta Villas Senior Affordable Housing and Park Complex in Cerritos. Represented a city client involving a complex senior citizen affordable housing and senior center project, which required the relocating of certain offices and residences.
- Van Buren and Riverside Freeway Owner Participation Project. Represented a private land owner in the City of Riverside in connection with the negotiation and implementation of a commercial shopping center to be developed off of the Riverside Freeway.
- CRFL Family Apartments et al. v. Matosantos et al., Sacramento County Superior Court Case No. 34-2012-80001354. Successfully obtained writ of mandate in favor of affordable housing developer client, deciding that a former redevelopment agreement and related assignments is an “enforceable obligation,” thus enabling former tax increment funds to be used to finance the housing development.
- Friends for Fullerton’s Future, et al v. City of Fullerton, et al, Fourth District Court of Appeal, Division Three Case No. G044597. Successfully defended City and Redevelopment Agency at trial court, affirmed unanimously in the court of appeal, in a case holding that the failure by a claimant to serve timely the attorney general, when required by statute, could not be excused under the “good cause” standard.
- City of Cerritos v. Cerritos Taxpayer Assn. (2010) 183 Cal. App. 4th 1417. Represented city, redevelopment agency, and nonprofit organization validating complex Affordable Housing, Financing, and Disposition and Development Agreement in published Court of Appeal decision.
- City of Irvine v. Southern California Association of Governments (2009) 174 Cal. App. 4th 506. Represented a city in challenge to allocation under the Regional Housing Needs Assessment as failing to comply with state-mandated requirements under housing element law.
- City of Fullerton v. All Persons Interested, et al., Orange County Superior Court Case 30-2009-00308671. Represented city successfully in a validation action approving a complex lease and sublease financing arrangement for a county-run and city-used animal shelter.
- Willett v. City of Torrance, et al., Orange County Superior Court Case 06CC03319. Represented a city client in very contentious litigation concerning an illegal use of property in a public right of way that involved a high-profile land owner.
- Sugimoto et al. v. City of Irvine, United States District Court, Central District of California, Case SACV00-262 GLT (EEx). Represented city successfully in case alleging violations of federal civil rights laws, including alleged unlawful searches by police officers during drunk driving arrests.
- Simmons v. Capistrano Unified School District, Orange County Superior Court Case 798012. Represented school district successfully in case alleging a hostile workplace in violation of State Fair Employment and Housing Act.
- Neiss v. Brea Police Department, Orange County Superior Court Case 99CC18031. Represented city and police department in successful dismissal of a case alleging, under the State Tort Claims Act, negligence for failing to adequately investigate private property.
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Awards & Affiliations
Awards & Honors
- Best Lawyers in America, 2006-2018
- Southern California “Super Lawyer” 2006-2012
- Orange County Bar Association Harmon G. Scoville Award recipient, 2003
- Public Law Center Attorney of the Year, 2007
- Anti-Defamation League Marcus Kaufman Jurisprudence Award, 2010
- Orange County Bar Association Franklin G. West Award recipient, 2012
- AV® Preeminent™ rating with LexisNexis/Martindale Hubbell – Community Affiliations – Director and Past
- President, Orange County Bar Foundation
- Stanford & Stanford Law School support groups
Memberships & Associations
- American Bar Association (Litigation Section)
- Fellow, American Bar Foundation
- Federal Bar Association, Orange County Chapter
- Orange County Bar Association (Business Litigation Section)
- Board of Directors, Orange County Bar Association (1981-1984)
- Board of Directors, Orange County Bar Association Charitable Fund (1999-2003)
- Board of Directors, Orange County Bar Association Masters Division
- Board of Directors, Association of Business Trial Lawyers (Orange County Chapter), (2000-2002)