Phillip H. Babich

Phillip H. Babich Photo
Phillip H. Babich California Real Estate and Land Use Lawyer

About

Professional Background

Phillip counsels clients on all areas of commercial real estate, including real estate development, acquisitions, sales, and exchanges. He is well-versed in crafting comprehensive purchase and sale agreements, as well as lease agreements, tailored to the unique needs of both buyers and sellers, landlords, and tenants. In addition, Phillip handles disputes involving land use and zoning; property rights; declarations of covenants, conditions and restrictions (CC&R’s); real estate development; energy project development; eminent domain, the California Environmental Quality Act (CEQA), and business conflicts. This includes administrative appeals, writ actions, and actions in eminent domain. A strong advocate, Phillip gets positive results through careful attention to client needs, thorough investigation of facts, and thoughtful and persuasive communication. 

“I listen carefully to each of my clients to make sure I’m aligned with their goals. I also give each of my clients my personal attention.”  

 Experience 

Over 16 Years of Legal Experience 

  • Negotiated and drafted multi-floor office leases and subleases for large fintech company in California.  
  • Negotiated and drafted multi-floor office leases and subleases for large tech company in several states, including California.   
  • Defended California Environmental Quality Act (CEQA) challenge to approvals of battery energy storage facility in Imperial County.   
  • Challenged City and County of San Francisco’s Environmental Impact Report (EIR) for the Central SoMa Plan with respect to transit, traffic, and air quality impacts under the California Environmental Quality Act (CEQA) 
  • Litigated constitutional challenges against the cities of Brisbane and Rialto, California, for tax assessments against liquid fuel storage facilities. Principal author of summary judgment motion. Co-author of appellate brief. 
  • Advised on multistate environmental and land use requirements for wind energy projects. 
  • Advised on zoning and land use requirements for energy storage facilities in California. 
  • Advised on zoning and land use requirements for solar energy projects in Maryland, Texas, and California. 
  • Defended against claims for damages related to environmental remediation project and construction project delays. 
  • Litigated disputes related to solar energy home improvement projects. 
  • Brought a challenge against the City and County of San Francisco for alleged violations of the bid process for public contract award of trash collection franchise agreement. 
  • Advised on conflict-of-interest laws with respect to transaction with public agency. 
  • Successful result in suit to modify conditions, covenant, and restrictions (CC&Rs) to allow residential development in commercial subdivision.   
  • Challenged City of Chowchilla, California, in suit for interfering with sale of commercial property by making faulty representation that property could not have improvements due to its proximity to an airport runway. 
  • Defended cost recovery action brought under the Comprehensive Environmental Responsive Compensation and Liability Act (CERCLA) and the Resource Conservation Recovery Act (RCRA). 
  • Won bench trial against challenge to transfer of coastal property to the federal Bureau of Land Management for conservation purposes. Challenge was brought under the California Coastal Act and the Subdivision Map Act. Lead author of appellate brief following trial. 
  • Won bench trial against claims by steel supplier that bid price for public contract as part of BART’s Oakland Airport Connector Project established contract price and that client’s performance did not comply with Disadvantage Business Enterprise rules. 
  • Brought a challenge to a determination by the Local Agency Formation Commission of Alameda County that client’s property was within one of its zoning and planning boundaries. 

Pro Bono Work 

  • Successfully challenged Contra Costa County Office of the Sheriff to reinstate visitation program for detained immigrants by the U.S. Immigration and Customs Enforcement at the West County Detention Facility. 
  • In collaboration with the ACLU of Northern California, consulted hospitals and social service organizations on responding to immigration enforcement actions by U.S. Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP). 
  • Won appeal for U.S. Army veteran in front of the Board of Veterans Appeals (BVA) for disability benefits for Post-Traumatic Stress Disorder (PTSD). 
  • Challenging Etowah County Sheriff’s Office (Alabama) suspension of visitation program at ICE detention center following peaceful protest of detention conditions on First Amendment grounds.   
  • Second chair in federal jury trial on behalf of state prisoner who alleged violation of constitutional rights for inadequate medical care. 

Bar Admissions 

  • California  
  • U.S. District Courts of California (Northern, Southern, Eastern, and Central Districts). 

Academic Work

Adjunct Professor 

University of San Francisco School of Law (January 2025 – Current) 

San Francisco, California 

  • Teaching California Land Use Law 

Instructor 

Summer Springboard 

Berkeley, California 

  • Teaching college-bound high school students introduction to law and trial practice  

Counsel  

Reed Smith LLP (May 2010 – April 2026) 

San Francisco Bay Area 

  • As Counsel in the Real Estate Group, Phillip handled disputes involving land use and zoning; property rights; declarations of covenants, conditions and restrictions (CC&R’s); real estate development; energy project development; eminent domain, the California Environmental Quality Act (CEQA), and business conflicts. This included administrative appeals, writ actions, and actions in eminent domain. Phillip also drafted and negotiated leases and real estate purchase and sale agreements. 

Law Clerk 

Beyer, Pongratz, & Rosen (Sept. 2009 – Apr. 2010) 

Sacramento, California 

  • Drafted complaints, motions, and discovery demands in employment and personal injury cases. Wrote an appellate brief in a wrongful termination case. Researched and analyzed claims and defenses under California labor, tort, and contract law and drafted legal memoranda and correspondence. 

Law Clerk  

California Governor’s Office of Legal Affairs (August 2009 – December 2009) 

Greater Sacramento 

  • Analyzed decisions by the Board of Parole Hearings and drafted legal memoranda to Governor 
  • Schwarzenegger on whether to reverse grants of parole to prisoners who are serving life 
  • sentences. Drafted opinions providing the legal foundation for the Governor’s decisions. 

Judicial Extern  

U.S. District Court Judge William Alsup (August 2008 – December 2008) 

San Francisco, California 

  • Researched and wrote draft orders for dispositions of motions to dismiss and motions for 
    summary judgment. Areas of law included: ERISA, Social Security, contracts, trademark, civil rights, the Resource Conservation and Recovery Act, bankruptcy, employment, and federal wiretap statutes. 

Associate Producer 

American Public Media (Feb. 2004 – July 2006) 

Los Angeles, California 

  • Wrote, produced, and edited radio features on current affairs, science, and the arts. 

Freelance Journalist and Radio Producer 

Various Media Organizations (Jan. 1993 – Jan. 2004) 

San Francisco Bay Area 

  • Wrote articles and produced radio segments for a variety of media outlets, including: American Public Media, National Public Radio, and Salon.com. 

Education 

University of San Francisco School of Law, J.D.  

  • Graduated cum laude.    

University of California, Berkeley. B.A., English Language and Literature.  

Professional Memberships 

  • California State Bar Association 
  • Alameda County Bar Association 
  • Community Involvement 
  • Member of the Berkeley Bicycle Club 

Community Involvement

    Our Approach

    • What do you believe clients deserve from their attorney that they often don't receive elsewhere?
      They deserve respect and patience.  Clients are passionate about their case or transaction and have a lot of feelings and things to say.  They are the most knowledgeable people about their case, and what they have to say is important.  Their lawyer should give them the time, space, attention, and understanding to explain their story, positions, goals, and concerns.
    • What misconceptions do people have about your area of law?
      With respect to real estate transactions, people sometimes believe a lawyer is not necessary or that they can use AI to answer their questions and create agreements and other transactional documents.  While a lawyer is not always necessary for small, simple transactions, for complicated ones a lawyer will save the client money in the long run, make the process smoother and easier to understand, and will significantly reduce litigation risks.
    • If someone only remembered one thing about your firm, what would you want it to be?
      Creative solutions.
    • What distinguishes your practice from other firms?
      I listen carefully to each of my clients to make sure I’m aligned with their goals.  I also give each of my clients my personal attention; I answer their calls; I promptly respond to their emails.  In addition, I have big law experience and deliver high-quality legal services with the nimbleness and economy of a small office.
    • What is something clients consistently say they appreciate about working with you?
      They consistently say I’m highly responsive, have very good judgment, I’m a clear thinker, and that I get the job done.
    • What do you enjoy most about helping your clients?
      Finding solutions to their disputes or to complications in their transactions.
    • Why did you become an attorney?
      The reasons why I became a lawyer only revealed themselves to me in law school.  Prior to that I had a general feeling that I wanted to become a lawyer because I liked the courtroom, the suits, and winning big cases for my client.  But when I started studying law, I knew I wanted to become a lawyer because the law and the judicial system helped our society manage and resolve disputes, govern relationships between people and businesses, and establish personal rights.  The law was a centuries-old code of conduct and principles, of values and boundaries, of systems and procedures.  I loved law school.  To understand the law meant that I could help people, as their advocate or counselor, chart a course to a just result.
    • What types of clients do you work best with?
      Clients who are honest, trusting, and know what they want to accomplish.

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