George A. Guthrie - Property Management Attorney

Professionals

George A. Guthrie Of Counsel

(916) 441-2430

(916) 441-2430

gguthrie@wilkefleury.com

Download vCard

Download CV

General Information

About George A. Guthrie
George A. Guthrie’s practice focuses on litigation involving Construction, Real Estate and Insurance Coverage law. His clients include property owners, property managers, general contractors, subcontractors, insurance policyholders, manufacturers and material suppliers. George was formerly a licensed general contractor, with a background in residential construction, roofing and light commercial construction. George has successfully handled complex civil matters including private and public construction disputes, real estate disputes, insurance bad faith denial of policy benefits and premises liability. He counsels and represents his clients in negotiating and drafting contracts to best protect their interests, including with Fortune 500 companies. George has successfully worked on hundreds of written agreements, including, commercial and residential leases, real estate purchase agreements, property management agreements, construction contracts and vendor agreements.
Representative Matters
Schaefer v. Elder – Insurance Coverage Case Where Right to Independent/Cumis Counsel found 217 Cal.App.4th 1 (2013) (Depublished, but not overturned)
- George represented insurance policyholder, Kelly Elder dba Elder Construction, in an action where the California Court of Appeal found it was appropriate for the trial court to grant a motion disqualifying insurer appointed counsel due to a conflict of interest and require that the insurance company provide Elder with independent counsel of his choice. The Court held that the question of whether a subcontractor was an independent contractor or an employee created a conflict giving rise to a right to independent "Cumis" counsel under Civil Code section 2860, where the policy conditioned coverage on Elder obtaining certificates of insurance and written indemnity agreements from any independent contractors performing work for the insured.
William L. Lyon & Associates, Inc. v. Superior Court – Real Estate Fraud/Failure to Disclose Case (2012) 204 Cal.App.4th 1294
- George represented home buyers, Ted and Patti Henley, in a real estate fraud disclosure case. The California Court of Appeal held that the two-year statute of limitations set forth in Civil Code §2079 does not apply to claims brought by buyers against a dual agent. The Court also held that the two-year statute of limitations in the buyer-broker agreement is subject to the discovery rule. The Court also held that Lyon & Associates owed a common law fiduciary duty to the buyers requiring “the highest good faith and undivided service and loyalty and that the statute of limitations on breach of fiduciary duty is 4 years.
Dickens v. Hess (El Dorado Superior Court) – Construction Defect Case in Custom Built Home (2014)
- George obtained a $650,000 settlement in favor of plaintiffs which was funded by the general contractor and certain of its subcontractors that constructed the plaintiffs’ high-end custom built home overlooking Folsom Lake.
ADA and Reasonable Accommodation (Los Angeles County)- Tenant Suit against. Property Manager and Owner (2013)
- George succeeded in obtaining summary judgment on behalf the property manager of an apartment complex; defeating claims by a prospective disabled tenant who claimed the property manager failed to provide her a reasonable accommodation. The prospective tenant had claimed her disability entitled her to receive, as a reasonable accommodation, “priority” in a lottery that was conducted to equitably determine which low income individuals would receive a limited amount of low- income housing being made available in a new complex.
Federal Miller Act Bond Claim – U.S. Naval Base (Subcontractor Extra Work Claim) (2013)
- George represented a general engineering subcontractor that performed grading, paving and concrete work at a new fire station on a United States Naval Base. The project was a federal design-build construction project. After performing extra work on a time and material basis at the request of the general contractor, the general contractor failed to make payment sufficient to compensate subcontractor. Following a four-day arbitration, the arbitrator issued an award in favor of the subcontractor and against general contractor for failure to fully compensate the subcontractor. The arbitrator awarded recovery against the general contractor in quantum meruit and under the Miller Act payment bond claim. After taking into account the fees and costs expended fighting the claim, the general contractor incurred expenses and paid an award that together more than doubled a pre-arbitration settlement offer made by the subcontractor.
Stryker v. Steadfast (2022)
- Successfully obtained a reversal of a trial court decision granting summary judgement against his client. After reviewing the party's briefs and hearing oral argument, the appellate court ruled in favor of Mr. Guthrie's client that the self insured retention (SIR) was not a conditioned precedent to the insurance companies duties and obligations under the policy.
Licenses and Admissions
George is admitted to practice law before the following courts:
- All courts of the State of California
- The United States District Courts for the Eastern, Central, Southern and Northern Districts of California
- The United States Court of Appeals for the Ninth Circuit
George was formerly a licensed general contractor:
- California Class B General Building Contractor, License No. 796364 (Expired)
Professional Involvement and Memberships
- Sacramento Bar Association
- Sacramento Valley - California Apartment Association
- Construction Lawyers Society of America, Fellow
Presentations and Publications
- Insurance Coverage and Indemnity Issues: Association of Defense Counsel of Northern California’s Basic Training for Civil Defense Attorneys – George A. Guthrie, Presenter (2012)
- California Construction Defect Law Update: Continuing Legal Education seminar by MC Consultants. Moderator – George A. Guthrie (2010)
- Commercial Leasing - Cross Boarder Considerations: Primerus Global Conference - Washington D.C. - George A. Guthrie, Panelist (2016)
Honors and Awards
- "AV® Preeminent™" Peer-Rated attorney, Martindale-Hubbell
- CLSA - Charter Fellow (2018)
- Northern California "Super Lawyer" (2014-2023)
- Sacramento Magazine's Top Lawyers (2020-2022)
Personal

George was born and raised on a dairy and crop farm just outside of Kalamazoo, MI. During college, he moved to San Diego but has lived in Sacramento for 20 years. George has played guitar and sang in various bands and he still does when he can find the time. He also likes playing and coaching basketball, as well as traveling.

Practice Areas

Education

California State University SacramentoB.A. (1995)

University of the Pacific, McGeorgeJ.D. (1998)

Professional Experience

2013-present Wilke Fleury LLP: Of Counsel 2007-2013 Murphy, Campbell, Guthrie & Alliston, PC 1999-2007 Farmer, Murphy, Smith, & Alliston, PC

About George A. Guthrie

Practice Areas

Education

Professional Experience