Last updated: August 2026

Evan Livingstone is a litigation attorney at Bay Legal, P.C. He represents property owners, buyers, sellers, contractors, and business owners in California real estate, construction, and commercial disputes. He is a licensed member of the State Bar of California, Bar Number 252008, and is admitted to three federal district courts in California and to the Ninth Circuit Court of Appeals. He has practiced civil litigation in California since 2008, in state and federal court, on both the plaintiff and the defense side.

Practice snapshot: Real estate, construction, and business litigation in California state and federal courts. Plaintiff and defense. Trial, appeal, mediation, and arbitration.

What does Evan handle at Bay Legal?

Evan carries the firm’s contested matters. His day-to-day work at Bay Legal falls into five areas: California real estate disputes, including seller disclosure disputes; construction disputes; breach of contract claims; business and commercial disputes; and wrongful foreclosure defense.

Evan does not handle criminal defense, personal injury, immigration, or family law at Bay Legal, and he does not litigate probate or trust matters. Contested probate and trust work at the firm is handled by other attorneys. His résumé shows earlier work in landlord-tenant and housing matters, trust litigation, consumer protection, bankruptcy, civil rights, and administrative hearings. That work is described below as prior experience, not as a current Bay Legal service line.

Real estate and property litigation

Most California residential sellers must give the buyer a written disclosure of known material defects. California Civil Code section 1102 and the sections that follow set out what the form covers and who is exempt. When a defect surfaces after closing that the seller knew about and did not disclose, the buyer generally has a claim. Evan handles both sides of those cases: buyers pursuing an undisclosed defect, and sellers and agents defending against one.

He also handles purchase and sale contract disputes, escrow and title problems, easement and boundary claims that arise inside a larger dispute, and lease disputes on both residential and commercial property. Real estate cases often turn on documents that already exist: the contract, the disclosure package, the inspection reports, the escrow file. Getting those in hand early usually decides how the case is worth handling.

How does Evan approach construction disputes?

Construction cases run on deadlines, and the deadlines are short. A mechanics lien is a recorded claim against the property itself, available to contractors, subcontractors, and suppliers who have not been paid. The California Civil Code sets the rules at section 8000 and following. Miss a notice or a recording deadline and the lien usually fails, whatever the merits of the underlying bill. Evan’s first step on any lien matter is to fix the calendar.

Defect claims run on a different track. California’s Right to Repair Act, at Civil Code section 895 and following, sets standards and a pre-litigation notice procedure for residential construction defects. Licensing is a third front: under Business and Professions Code section 7031, an unlicensed contractor generally cannot sue to collect and may have to return what was already paid. That statute changes the shape of a payment dispute, so Evan checks license status at intake.

Business, contract, and commercial litigation

Evan litigates breach of contract, partnership and shareholder disputes, and unfair competition claims. In California, a written contract claim generally must be filed within four years of the breach under Code of Civil Procedure section 337. Oral contracts get two. California’s Unfair Competition Law, at Business and Professions Code section 17200, reaches business practices that are unlawful, unfair, or fraudulent, and is often pleaded alongside a contract claim.

He has also litigated federal claims, including claims under the federal RICO statute, and he is admitted in three of California’s four federal districts. Whether a business dispute belongs in state or federal court is a strategic question, not a clerical one. It affects the judge, the discovery schedule, the jury pool, and how quickly the case reaches a hearing.

What is wrongful foreclosure defense?

Wrongful foreclosure: a claim that a lender or servicer foreclosed, or is foreclosing, in violation of the statutory procedure or the loan documents.

Most California foreclosures are nonjudicial. No lawsuit is filed and no judge signs off. The trustee records a notice of default, waits the statutory period, records a notice of sale, and sells. The procedure is set out at Civil Code section 2924 and following. Because no court reviews the process in advance, a homeowner who believes it was done wrong generally has to go to court and raise it.

California’s Homeowner Bill of Rights, at Civil Code section 2923.4 and following, adds duties for servicers on owner-occupied residential loans, including limits on advancing a foreclosure while a completed loan modification application is pending. Evan has also litigated federal mortgage servicing claims under RESPA, the Truth in Lending Act, and the Fair Debt Collection Practices Act, in state and federal court.

Timing governs everything in this area. The remedies available before a sale are not the remedies available after one, and the recording dates set the schedule. Anyone who has received a notice of default or a notice of sale should have the file reviewed promptly rather than waiting for the sale date.

Who does Evan represent?

• Property owners, buyers, and sellers in disputes arising from a California purchase, sale, or lease
• General contractors, subcontractors, suppliers, and owners in payment, lien, and defect disputes
• Small and mid-sized business owners, partners, and shareholders in commercial disputes
• Homeowners facing foreclosure, or challenging a foreclosure sale already completed

Both plaintiffs and defendants. Evan has spent substantial time on each side, which matters when valuing a case.

Should a California dispute go to mediation, arbitration, or trial?

It depends on what the contract says and what the client needs. Many real estate purchase agreements and construction contracts contain a clause that requires mediation, arbitration, or both before anyone can file. The clause usually controls, so it is the first document Evan reads.

No route is better in the abstract. A construction defect case with contested expert evidence often belongs in court. A partnership dispute between people who still have to work together often does not.

How does Evan work a new matter?

1. Intake call. What happened, what documents exist, what deadline is closest. Bay Legal will say early if a matter falls outside the firm’s service lines.
2. Document review. Contract, disclosures, correspondence, invoices, notices, recorded instruments. Most disputes are decided by paper that already exists.
3. Deadline and remedy map. Statutes of limitation, lien and notice deadlines, contractual mediation or arbitration clauses, and the remedies actually available.
4. Strategy and budget. A written plan for the forum, the claims, and the likely path. Litigation costs are estimated in writing before the engagement is signed.
5. Execution. Demand, pre-litigation negotiation, mediation, filing, discovery, motions, trial or arbitration, and appeal where warranted.

What matters has Evan handled?

The matters below come from Evan’s résumé and describe the type of work, the forum, and the posture. Most predate his work at Bay Legal. Clients are not named, and dollar figures are omitted.

• Contract disputes in California state and federal court, including claims pleaded under the federal RICO statute.
• Defense of a shareholder in an involuntary corporate dissolution, against allegations of breach of fiduciary duty and fraud.
• Wrongful foreclosure and mortgage servicing claims, including claims under RESPA, the Truth in Lending Act, and the Fair Debt Collection Practices Act. Evan also prevented or delayed foreclosures through litigation, bankruptcy, and loan modification.
• Habitability, security deposit, retaliatory eviction, and disability accommodation claims against landlords and mobilehome park operators.
• Unlawful detainer defense in California superior court.
• Trust litigation, including a challenge to a trust and removal of the trustee of a special needs trust for a disabled adult.
• Financial elder abuse actions, prosecuting and defending.
• Consumer claims under California’s Unfair Competition Law and the Consumer Legal Remedies Act.
• Civil appeals for appellants and respondents, including an appeal to the appellate division of the Sonoma County Superior Court.
• Rent increase arbitrations for mobilehome park residents, and administrative hearings before the Labor Commissioner and the Employment Development Department.
• Chapter 7, 11, 12, and 13 bankruptcy cases, including lien stripping, cramdown of secured claims, adversary proceedings, and automatic stay litigation.

Prior results do not guarantee or predict a similar outcome in any other matter. Every case turns on its own facts and the applicable law.

Education, bar admissions, and languages

Education

• Juris Doctor, People’s College of Law, Los Angeles, 2007
• Bachelor of Arts, Sociology, University of California, Berkeley, 2000

Bar admissions and courts

• State Bar of California, Bar Number 252008 — verify on the State Bar attorney search
• United States District Court, Northern District of California
• United States District Court, Eastern District of California
• United States District Court, Central District of California
• United States Court of Appeals for the Ninth Circuit

Professional associations and pro bono

• Sonoma County Bar Association
• National Association of Consumer Attorneys
• Pro bono volunteer work with California Rural Legal Assistance, the AIDS Legal Referral Panel, and the Transgender Law Center

Languages

• Spanish — conversational

What clients say

Frequently Asked Questions

What kinds of cases does Evan Livingstone take?

At Bay Legal, Evan handles California real estate disputes, construction disputes, breach of contract claims, business and commercial litigation, and wrongful foreclosure defense. He does not litigate probate or trust matters, and he does not handle criminal defense, personal injury, immigration, or family law. If a matter falls outside the firm’s service lines, Bay Legal will say so on the first call rather than take the case.

Is Evan Livingstone licensed to practice law in California?

Yes. Evan is a licensed member of the State Bar of California, Bar Number 252008, and his status can be checked on the State Bar’s public attorney search. He is also admitted to the United States District Courts for the Northern, Eastern, and Central Districts of California, and to the United States Court of Appeals for the Ninth Circuit.

Does Evan Livingstone handle cases in federal court?

Yes. Evan is admitted to three of California’s four federal district courts and to the Ninth Circuit. He has litigated federal claims, including claims under RICO, RESPA, the Truth in Lending Act, and the Fair Debt Collection Practices Act. Many real estate and business disputes can be filed in state or federal court, and that choice affects timing, discovery, and strategy.

How much does it cost to work with Evan Livingstone?

Litigation at Bay Legal is generally billed hourly, and the firm offers flat-fee pricing on some matter types. Cost depends on the forum, the number of parties, and whether the case resolves before trial. Fees are discussed at the first consultation, before any engagement is signed. Ask for the estimate in writing.

Does Evan Livingstone work with clients outside the Bay Area?

Yes. Bay Legal serves clients throughout California from offices in Palo Alto and Los Angeles, and Evan handles matters statewide. Consultations can be held by phone or video. Where a case is filed usually depends on where the property sits or where the contract was performed, not on where the client happens to live.

Related Questions

How long do you have to sue for breach of a written contract in California?

Four years from the breach under Code of Civil Procedure section 337. Oral contracts run two years. The clock can shift when a breach was concealed, so the dates should be checked at intake, not later.

What is a seller’s transfer disclosure statement?

A form most California residential sellers must give the buyer, listing known material defects. Civil Code section 1102 governs it. A missing or false disclosure can support a claim after closing.

What is a mechanics lien?

A recorded claim against real property by a contractor, subcontractor, or supplier who has not been paid for work or materials. California’s notice and recording deadlines are short, and a missed deadline usually ends the claim regardless of the merits.

Can a construction defect claim be brought years after the work is finished?

Sometimes. California’s Right to Repair Act at Civil Code section 895 and following sets defect-specific deadlines, and the outside limit for latent defects is ten years from substantial completion. The applicable period depends on the defect.

How long does a California nonjudicial foreclosure take?

After a notice of default is recorded, Civil Code section 2924 sets a waiting period before a notice of sale may be recorded, and a further period before the sale. The practical timeline is usually months, not weeks, but it is driven by recording dates rather than by negotiations with the servicer.

What happens if a contractor was not licensed?

Under Business and Professions Code section 7031, an unlicensed contractor generally cannot sue to collect payment, and may be ordered to return what was already paid. License status is worth checking before a payment dispute escalates.

Work with Evan Livingstone

To discuss a California real estate, construction, or business dispute with Evan, call the office nearest you or email intake.

Bay Legal, P.C. — serving California statewide

• Northern California office — 667 Lytton Ave Ste 3, Palo Alto, CA 94301 · (650) 668-8000
• Southern California office — 3211 Cahuenga Blvd W Ste 212, Los Angeles, CA 90068 · (213) 668-8000
• Intake: intake@baylegal.com · Fax: (650) 963-0041

This page is general information about California law and does not constitute legal advice or create an attorney-client relationship. For advice on your specific situation, contact a licensed California attorney.