Mark E. Ellinghouse
Mark Ellinghouse is a shareholder in the Firm’s Real Estate and Corporate practice groups. Mark provides counsel to his clients regarding sophisticated real estate transactions, including acquisitions and dispositions of real property, leases, joint ventures, title matters, easements, CC&Rs, and real estate development. He also regularly works with lenders on commercial financing transactions, including origination, workout, and enforcement. Mark has experience in matters involving all types of real estate, including retail, industrial, office, multifamily, land, and mixed-use projects.
Mark also regularly advises clients regarding corporate transactional matters, including formation, governance, and management, mergers and acquisitions, strategic partnering, joint ventures, licensing, distribution, and researching arrangements. He represents all types of individuals and entities, large and small, including corporations, general partnerships, limited partnerships, limited liability companies, and limited liability partnerships. Mark’s clients are active in myriad industries, including interior design, construction, entertainment, biotechnology, health, dietary supplements, gas station franchising, and community development.
Mark also loves working with craft breweries, advising owners, brewers, and managers about the endless array of legal issues facing their evolving industry. California is a hotbed for craft brewing, and Mark has visited breweries throughout the state, getting to know the wide variety of hoppy suds that its brewers are making daily. Mark’s unique business and legal background helps him offer practical, effective legal advice to his clients, avoiding many of the common pitfalls that bog down new and emerging breweries.
Prior to joining Weintraub, Mark obtained both litigation and transactional experience in real estate, commercial, corporate, and other business matters. He has worked at several law firms in the Sacramento area, the U.S. Bankruptcy Court for the Eastern District of California, and both public and private companies. He received his J.D. and M.B.A. from the University of California, Davis, in 2011 and his B.A. (double major in Political Science and History) from the University of California, Los Angeles.
In his free time, Mark spends time playing basketball, comparing IPAs, wrestling with his French Bulldog, and rooting for the Sacramento Kings, San Francisco 49ers, and the UCLA Bruins.
Purchase and Sale
- Represented local real estate investment and development firm in the acquisition of $35M+ portfolio of Class A office properties.
- Represented developer/property manager in acquisition of multi-building, $17M+ office complex.
- Represented local recycling company in exercise of lease option and purchase of vacant land for expansion of production facilities.
- Represented growing local technology company in acquisition of $2M industrial property for expansion of operations and improvement of internal efficiencies.
- Represented medical office operator in negotiation of the acquisition of office condominium property and related co-tenancy agreement.
- Represented local developer in the disposition of ~$160M Class A office project.
- Represented trust estate in the disposition of $22M+ multifamily apartment complex.
- Represented locally-based technology company in the disposition of 60,000 square foot industrial warehouse in Rocklin.
- Represented fiduciary in the disposition of 30,000 square foot retail center.
- Represented electronic accessory manufacturer and distributor as a tenant in a long-term industrial lease for 116,000+ square feet in newly-constructed distribution facility.
- Represented tenant in long-term lease negotiations for 22,000 square foot new gym facility and retail outlet.
- Represented grocery store operator as tenant in exercise of lease option and purchase of real property for new retail grocery center.
- Represented landlord/seller in negotiation of lease, lease enforcement action, and subsequent disposition of stand alone retail restaurant space.
- Represented large landowner and gas station franchisee in long-term ground lease and development with Starbucks and Chevron.
- Represented local landowner and developer in preparation of form lease and subsequent lease negotiations and amendments for large, multi-building office complexes.
- Represented seller and landlord in negotiated sale and leaseback of dental practice and dental offices.
- Represented international lender in $30M+ refinancing of construction company client’s real estate loan and operating line of credit in connection with expansion and remodel of corporate facilities.
- Represented local lender in a $12M tax-exempt financing transaction for the development of a new local theatre and entertainment complex.
- Represented regional lender in $5M construction loan financing secured by marina development on state land.
- Represented local lender in $5M tax-exempt refinancing of school facilities at local religious school.
- Represented large Central California landholder in various boundary, easement, and title issues in connection with the development of large, master-planned golf and resort community.
- Represented local developer in negotiation of operating agreement for the development of mixed-use residential and retail project in downtown Sacramento.
- Represented developer in a master-planned residential community project in the Central Valley, including negotiation with the Bureau of Real Estate.
- Represented local developer in disposition of entitled mixed-use project, including loan workout of with lender.
- Served as outside general counsel to growing nutritional supplement company, including product licensing, manufacturing agreements, and spinoff transaction of business line.
- Represented local construction company in shareholder dispute and corporate buyout against investment partners.
- Represented growing local interior design company with expansion into new retail space and partnership with international distributor to expand market share and influence.
- Represented local biotech company in technology licensing, product distribution agreements, and acquisition of real estate.
- Represented franchisee operator in connection with disposition of 11 national pizza chain franchises throughout California.
- Represented local veterinarian in disposition of practice to the national operator and cash-out for doctor.
- Represented brewing company in an intellectual property dispute against infringing restaurant operator.
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Urban Land Institute, Young Leaders Group
American Cancer Society Partnership Council
City Year of Sacramento
Sacramento Metro Chamber of Commerce, Leadership Sacramento, Class of 2016
California Bar Association Real Property Section
Sacramento Barristers’ Club
Sacramento Business Journal 40 Under 40 honoree – 2020
Best Lawyers in America®, “Ones to Watch” – Corporate, 2021-2022
Northern California Super Lawyers – Rising Star, 2014-2021
Sacramento Magazine‘s Top Lawyers List, 2018, 2019, 2021
Sacramento Business Journal‘s Best of the Bar 2018
J.D., University of California, Davis, King Hall School of Law, 2011
M.B.A., University of California, Davis, Graduate School of Management, 2011
B.A., University of California, Los Angeles, 2006
16 Weintraub Tobin Attorneys Recognized in 2022 Edition of Best Lawyers in America® and 6 Named to Best Lawyers: Ones to Watch
Sacramento, CA (August 19, 2021) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 16 attorneys have been included in the 2022 edition of Best Lawyers in America and 6 Weintraub attorneys have been included in Best Lawyers: Ones to Watch.
35 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List
Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition,
Mark E. Ellinghouse Named 40 Under 40 by the Sacramento Business Journal
Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Mark E. Ellinghouse has been named a 2020 40 Under 40 honoree by the Sacramento Business Journal. Each year the publication recognizes young Sacramento professionals with a high level of career achievement and contributions to the community.
17 Weintraub Tobin Attorneys Named to The Best Lawyers in America© and Ones to Watch 2021
Sacramento, CA (August 20, 2020) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 17 attorneys were recognized in The Best Lawyers in America© 2021. This year Best Lawyers launched “Ones to Watch,” a recognition for attorneys earlier in their careers,
33 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List
Weintraub Tobin is pleased to announce that 33 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition,
Weintraub Tobin Elevates Two Attorneys to Shareholder
Weintraub is pleased to announce that Tara Sattler and Mark E. Ellinghouse have been named as Shareholders in the law corporation. Mark Ellinghouse provides counsel to his clients in commercial real estate transactions,
30 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists
Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California. In addition,
24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019
Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine. The full list of 2019 Top Lawyers will be featured in the August,
Seventeen Weintraub Tobin Attorneys Named to Sacramento Business Journal’s Best of the Bar 2018
SACRAMENTO, California – August 24, 2018 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its seventeen attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2018.
24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018
SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &
37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.
36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.
33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub Tobin attorneys received special honors in their respective regions.
37 Weintraub Tobin Attorneys Named Among 2015 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2015, on which 37 Weintraub Tobin attorneys have been included. Eight Weintraub Tobin attorneys received special honors in their respective regions.
Weintraub Tobin Helps Grant Wishes
On June 13, Weintraub Tobin sponsored an event for Make-A-Wish Northeastern California and Northern Nevada. With over a hundred people in attendance, the event helped to raise funds to grant wishes for kids with life-threatening medical conditions.
3 Cities. Over 70 Lawyers. Now 1 Great Law Firm: Weintraub Merges with LA Entertainment Law Firm
SACRAMENTO / SAN FRANCISCO / LOS ANGELES, July 6, 2012 – Weintraub Genshlea Chediak Tobin & Tobin Law Corporation and Weissmann Wolff Bergman Coleman Grodin LLP have jointly announced the merger of their respective business and entertainment law firms.
It’s Official – Weintraub Merges with San Francisco Firm Tobin & Tobin
Weintraub Genshlea Chediak Law Corporation and Tobin & Tobin, a professional corporation, jointly announce the merger of their business law and litigation firms. The combined firm will be named Weintraub Genshlea Chediak Tobin &
Overlooked Provisions when Negotiating Purchase and Sale Contracts
In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel.
Real Estate Contracts: The Complex and Often Overlooked Indemnity Clause
“Let’s leave that to the lawyers.” It’s a familiar refrain that I hear often as contract negotiations drag on between parties. After the primary deal points in a contract have been agreed upon,
COVID-19 Commercial Tenant Eviction Update
As March approaches, we are poised to hit the two-year anniversary of California’s March 4, 2020, State of Emergency Proclamation relating to the COVID-19 health crisis. In the months that followed,
New California Laws Affecting Real Estate in 2022
After surviving holiday family dinners, a few-too-many champagne toasts, and a record-breaking snowstorm, this team is ready to turn its sights to a new year and the exciting projects that are in store.
The Importance and Dangers of Letters of Intent
Despite a global pandemic and a bingo-card full of natural disasters and calamities, the commercial real estate market has been extremely active over the past two years. While there are some signs that activity will be less frenetic in the upcoming year,
Recent Fires Serve as Reminder That Casualty Will Always be a Hot Issue
Fires have played a major role in the history of California. Not only have these disasters repeatedly left a trail of devastation through the State’s forests and other natural areas, but recent fires have been noteworthy in their damage to developed areas such as Paradise and South Lake Tahoe.
How New Legislative Policy May Affect COVID-Related Lease Disputes
Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force majeure,
NY Court of Appeals Decision Highlights Growing Trend of Higher Courts Ruling Against COVID-Related Lease Defenses
Since the start of the COVID-19 health crisis, we have been approached by both landlord and tenant clients asking how COVID affects their leasehold obligations. While we have generally encouraged our clients to approach these matters in an honest and amicable manner with a focus on resolution,
The Importance of Lease Drafting: Lease Language Takes Center Stage in “Cinemex”
When in the throes of protracted lease negotiations, frustrated clients often ask me whether a proposed term is truly necessary to the contemplated transaction. Most clients start these discussions with the goal of achieving a fair form of lease,
Litigation Update: North Carolina Court Finds Insurers Liable Under Business Interruption Policies for COVID Losses Resulting from Shutdown Orders
In our last update, we highlighted a recent case out of the US District Court of Missouri (Studio 417) in which the court issued a preliminary ruling that allowed a group of policyholders to proceed with claims against their insurers based on allegations that the insurers wrongfully denied claims due to losses sustained as a result of the COVID-19 health crisis under business interruption insurance policies.
COVID-19’s Impact on Leasing and Other Transactions
By Louis Gonzalez, Jr., Josh Escovedo, and Mark Ellinghouse California Real Property Journal This article was first published in Volume 38, No. 4, 2020 of the California Real Property Journal, reprinted by permission.
Recent Federal Decision Regarding Business Interruption Insurance Could Mark a Turning Point for COVID-Affected Businesses (Updated 9/29/2020)
Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy replaces some or all of a business’s income when the business is forced to curtail or cease its operations as the result of a disaster.
Recent Case Confirms Need for Landlords and Tenants to Address Force Majeure and COVID-19 in All Current and Future Agreements
While the effects of the COVID-19 health crisis have impacted daily life for months, the legal implications of this pandemic are just starting to develop. Unforeseen conditions often wreak havoc on existing contractual relationships,
Frustration of Purpose: How Two WWII-era Cases Provide Guidance Regarding Lease Enforcement During the COVID-19 Health Crisis
Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement.
Strategies for Granting Rent Relief in the Age of COVID-19
Over the past several months, the COVID-19 health crisis has affected everyday life by a magnitude that is hard to fathom. Routine tasks, such as going to the grocery store or walking the dog,
Time to Get Down to Business: Change in Eviction Notice Requirements Now in Effect
By Mark E. Ellinghouse & Josh H. Escovedo As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a tenant who has violated its lease.
Big Beer Mergers, A Sign of Things to Come
By now you’ve undoubtedly heard about Anheuser-Busch InBev’s recent purchase of SABMiller, creating the largest brewery conglomerate in the world. The purchase is but one more in the increasing history of brewery mergers,