Mark E. Ellinghouse

Shareholder


Sacramento

916.558.6091

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.


Relevant Experience

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.

Leasing

  • 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.

Financing

  • 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.

Development

  • 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.

Business

  • 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.

Mark publishes a regular newsletter featuring commentary regarding market developments and trends, legal insights, and practice tips. The newsletter also includes guidance from other Weintraub practitioners, news from the local real estate beat, and funny or odd legal stories.

Issue One: 2021 Outlook

Issue Two: Standard Form Shortcomings

Issue Three: Contract Interpretation

Issue Four: Leasing During COVID

Issue Five: Market Outlook

Issue Six: Lease Interpretation

Issue Seven: COVID-Related Lease Claims

Issue Eight: Casualty

Issue Nine: Letters of Intent

Issue Ten: New California Laws Affecting Real Estate in 2022

Issue 11: COVID 19 Commercial Tenant Eviction Update

Issue 12: Real Estate Contracts – The Complex and Often Overlooked Indemnity Clause

Issue 13: Overlooked Provisions when Negotiating Purchase and Sale Contracts

Issue 14: Is My Electronic Signature Enforceable?

Issue 15: We Found a Mistake in Our Contract. How Do We Fix It?

Issue 16: New California Legislation Impacting Commercial Real Estate in 2023

Issue 17: Perspectives on Recent CRE Transactions

Issue 18: Spring Cleaning for Commercial Leases

Issue 19: Feast or Famine – The Importance of Contemplating Failure In Commercial Real Estate Transactions

Issue 20: Key Terms That Confirm the Shortcoming of AIR Forms

Issue 21: Commercial Real Estate Outlook for 2024: Slow and Steady Wins the Race

Special Edition: Important New Federal Filing Requirements Impacting Most Companies are Now in Effect

Issue 22: Highlights from the 2024 Technical Advisory Panel’s Recommendations for Downtown Sacramento

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Urban Land Institute Sacramento

Member, Executive Committee

Urban Land Institute, Young Leaders Group
Past Chair

American Cancer Society Capital Invitational Partnership Council
2019 Chair

City Year of Sacramento
Mentor

Sacramento Metro Chamber of Commerce, Leadership Sacramento, Class of 2016

Metro EDGE
Member

California Bar Association Real Property Section
Member

Sacramento Barristers’ Club
Former Member

Awards

Sacramento Business Journal 40 Under 40 honoree – 2020

Best Lawyers in America®, “Ones to Watch”, 2021-2023, Corporate

Northern California Super Lawyers Rising Star, 2014-2021

Northern California Super Lawyers, 2022, 2023

Sacramento Magazine‘s Top Lawyers List, 2018, 2019, 2021 – 2023
Real Estate

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

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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.…

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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, including leasing, acquisitions and dispositions, development, joint ventures, financing, and other matters in every real estate sector.…

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. Weintraub Tobin attorneys named to the 2017 Southern California…

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. Weintraub Tobin attorneys named to the 2016 Southern California and San Diego Super…

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Highlights from the 2024 ULI Technical Advisory Panel’s Recommendations for Downtown Sacramento

The Downtown Sacramento Partnership (DSP) and the Urban Land Institute (ULI) recently convened a Technical Advisory Panel (TAP) of distinguished third-party analysts from around the country to analyze and recommend growth opportunities for downtown Sacramento. The TAP’s recommendations were made public this month. As a member of ULI Sacramento’s Executive…

Spring Cleaning for Commercial Leases

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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, we watched federal, state, and local governments adopt myriad laws, rules, emergency orders, proclamations, declarations, ordinances, and mandates, creating…

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