James Menke's practice focuses on all areas of civil litigation with an emphasis on the representation of business and real property clients. Mr. Menke began practicing in 1997 as an associate attorney in a reputable Costa Mesa law firm. As an associate, Mr. Menke honed his litigation skills while representing a variety of clients, including business owners, real estate brokers, shopping center owners, general and limited partners, officers of corporations, doctors and even other attorneys. Mr. Menke has participated in court trials, jury trials and appeals.

Before the formation of JDM, A Professional Corporation, James Menke had the privilege and pleasure of being partners with his father, Dennis V. Menke in Menke & Menke, LLP for over a decade. While Dennis Menke has moved from the State of California, JDM, A Professional Corporation continues to represent former Menke & Menke, LLP clients and strives to maintain the high standard for which Menke & Menke, LLP was known. Prior to co-founding Menke & Menke, LLP, James Menke worked for a local homebuilder. His duties included dispute resolution, litigation, managing outside counsel, obtaining city general-plan and zone changes, processing tentative and final maps, preparing option and purchase agreements, acquiring easements and other property rights, coordinating with the Department of Real Estate regarding the issuance of public reports, forming entities, drafting loan documents, reviewing and securing insurance policies, negotiating with lenders and sureties, and communicating with investors.

Representative Experience

• Multi-million dollar jury verdict for distributor client on cross-complaint for fraud, conversion, interference with prospective economic advantage, breach of contract and breach of covenant of good faith and fair dealing against a multinational corporation and its president
• Seven figure settlement for purchaser of architecturally unique home against broker for alleged failure to disclose certain defects. 
• General Counsel for one of the largest international franchisor of commercial real estate services.
• $898,773.00 promissory fraud, breach of contract, and intentional interference with prospective economic advantage Judgement against the California distributor of a Chinese manufacturer’s products on behalf of a client that supplied smart meter products in Mexico. TopVerdict® recognizes this as one of the Top 20 Court Awards in California in 2018. 
• $841,721.68 Judgment for breach of contract relating to agreement to jointly purchase and improve residential real property. Obtained affirmation of judgment on appeal after defendant unsuccessfully appealed the judgment. 
• Favorable settlement of subcontractor’s claims against a local county for breach of contract, breach of implied warranty, and concealment. 
• Significant settlement on behalf of client seeking to recover patent royalties under a consulting agreement. 
• Six figure judgment against seller of residential flooring for fraud, breach of contract, breach of the implied warranty of merchantability, and violation of the Magnuson-Moss Warranty Act on behalf of homeowner. Judgment included an award of attorney’s fees and pre-judgment interest. 
• Defense Judgment on behalf of doctor that was wrongly sued by his former employer for alleged breach of “Physician and Corporation Contract”. Client was awarded costs as the prevailing party. 
• Reversal of Judgment based on Demurrer and Judgment on the Pleadings on behalf of Plaintiffs alleging Easement by Implication and Easement by Necessity. 
• Six figure settlement in favor or client against former business partners in stone fabrication and installation business. 
• Negotiated favorable settlement for developer client being sued by bank for alleged breach of personal guarantee. 
• Favorable settlements on behalf of client asserting numerous claims in multiple federal actions for copyright infringement.
• Defeated Complaint and prevailed on Declaratory Relief Cause of Action in Cross-Complaint on behalf of clients in a dispute with their cousin regarding ownership of a single family residence. 
• Jury verdict in favor of real estate developer client sued by an investor. Pursuant to a contractual provision, attorney's fees were recovered.
• Reversal on appeal of municipal court's order denying motion to set aside default judgment and to transfer the action to superior court.
• Favorable settlement for apartment-owner client in personal injury case by successfully cross-complaining for indemnity by a third party even after that party had been dismissed as a defendant on a statute-of-limitations defense.
• Tested the limits of the broker-arranged loan exemption (i.e., California Constitution Article XV §1(2) and California Civil Code §1916.1) to California's usury laws in Park Terrace Limited v. Teasdale (2002) 100 Cal.App.4th 802. This case has been cited in Miller & Starr, The Rutter Group, and Cal Jur 3d.
• Recovered six-figure settlement for commercial real estate broker for commission earned even though the broker did not have a written compensation agreement with the defendants.
• Closed more than $100 million in acquisition and construction loans from institutional lenders, private equity 'hard money' lenders and private investor syndicates.