Court Victories

WE WIN — a lot!

  • Sample Respondent’s Brief on Appeal:  successfully defended trial court’s dismissal of plaintiff’s case.
  • Sample Mediation Brief:  took over a complex real estate case from another firm, simplified the issues and evidence in mediation brief, and negotiated highly favorable settlement.
  • Sample Motion:  negotiated complete resolution of a multi-million dollar probate case within days of filing motions to expunge lis pendens that challenged the attorney’s authority to represent his client and the legal merits of his purported client’s case.
  • Sample Judgment:  obtained $475k judgment for fraud following default of CEO and proof of criminal deception
  • Sample Appellate Opinion:  obtained a complete defense judgment in high-profile case following a 17-day trial, which was affirmed on appeal and resulted in total vindication and victory for client in dispute over $10 million estate. (See: News)
  • Sample MSC Brief:  successfully resolved fraud case filed against small business client on very favorable terms by turning the tables on plaintiff’s lawyer, highlighting deficiencies in his case and painting his client out as a corporate bully.
  • Sample Trial Brief:  successfully dismissed plaintiff’s case on Day 1 of trial on a procedural technicality.
  • Obtained a $7.89 million judgment for fraud against a large developer that cheated an investment partner in several real estate deals. The judgment is 52 times greater than the developer’s pre-trial settlement offer of $150,000.
  • Successfully defended and settled over $250 million in loan guarantees on behalf of developers by aggressively challenging the validity and enforceability of the mortgage instruments.
  • Obtained award of C.C.P. § 128.7 sanctions and judgment of dismissal with prejudice in case where plaintiff persisted in prosecuting a complaint containing factually unsupported claims.
  • Secured complete dismissal of defamation claim brought against law firm after serving motion for sanctions under C.C.P. § 128.7.
  • Obtained a $3 million judgment against joint venture partner in real estate accounting dispute.
  • Obtained award of C.C.P. § 128.7 sanctions and judgment of dismissal with prejudice in case where plaintiff alleged civil conspiracy, misappropriation of funds and breach of fiduciary duty.
  • Successfully defended property management company against claims of breach of fiduciary duty in $7 million property transaction.
  • Won dismissal of all claims asserted in shareholder derivative action alleging breaches of fiduciary duty by members of the board.
  • Obtained dismissal of mechanic’s lien foreclosure action following service of C.C.P. § 128.7 motion for sanctions where contractor failed to comply with state licensing laws.
  • Obtained summary judgment for client in a quiet title dispute by focusing on a narrow legal issue that was not considered by prior counsel. The client had been told by a major law firm that the case was hopeless. Successfully defended judgment on appeal.
  • Successfully obtained dismissal of quiet title lawsuit brought against record title owner and awarded sanctions under C.C.P. § 128.7.
  • Obtained dismissal of frivolous contract action following service of motion for sanctions under C.C.P. § 128.7.
  • Obtained dismissal of breach of contract, fraud and quiet title action and award of attorney’s fees on behalf of property owner.
  • Strategically negotiated settlements of 30+ lien releases, within a thirty day deadline to meet lender pre-requisites for release of $4 million in funds to retail client.
  • Negotiated highly favorable settlements for strip mall owners in suits against major corporate tenants, Starbucks Corporation, Hometown Buffet and others.
  • Sample Court Order on Anti-SLAPP Motion:  successfully opposed anti-SLAPP motion on behalf of plaintiffs in malicious prosecution lawsuit against law firm.
  • Represented law firm sued for defamation by adverse party and successfully obtained dismissal after filing anti-SLAPP motion.
  • Sued opposing counsel in cross-complaint for civil extortion, violation of RICO Act and slander, which he abruptly settled before a jury was empaneled.
  • Obtained no-payment dismissal of a $25 million fraud claim against founder of a software company.
  • Sued city for breach of contract with a developer and negotiated highly favorable settlement terms before start of trial.
  • Defended buyer in lawsuit for breach of purchase and sale agreement and obtained complete refund of security deposit from seller.
  • Successfully represented developers in disputes relating to common area management expenses, property-line disputes, lease issues, fraud and construction defect.
  • Defended title owner in action for quiet title and injunctive relief relating to claims of adverse possession by a squatter who built a house on title owner’s vacant land and lived there for nearly a decade.
  • Prevailed in breach of lease action against large downtown commercial office tenant.
  • Successfully represented owner in adverse action against city over improper designation of property as historical landmark.
  • Secured summary judgment in breach of lease action against commercial office tenant.
  • Defended car dealership entity and principal against claims by investor relating to buyout of interest after termination.
  • Successfully represented franchisee in claims against franchisor for failure to comply with franchise agreement.
  • Defended real estate company against claims by construction manager of race discrimination.
  • Obtained summary judgment on behalf of school district in tort claim action seeking damages for injuries occurring in sport related incidents.
  • Defended corporation and officers against claims of trade secret misappropriation relating to formation of competing business.
  • Successfully represented companies in defense of wrongful termination claims, including breach of contract, public policy and tort claims.
  • Procured summary judgment for law firm in suit by former associate attorney alleging discrimination and wage and hour violations.
  • Successfully opposed anti-SLAPP motion after suing law firm for civil extortion.
  • Defended major delivery service in contract disputes relating to service and shipping contracts.
  • Successfully represented developers in disputes relating to non-circumvention provisions, breach of contract, common area management expenses, lease issues, fraud and construction defect.
  • Defended company in defense of claims over access to books and records and breach of fiduciary duty.
  • Represented frozen out minority partner in successful litigation to enforce limited partnership agreement.
  • Successfully represented shopping center owner in litigation regarding cost overruns and delays caused by general contractor.
  • Defended property owners in litigation over easement, property-line and title disputes.
  • Successfully represented landowner in actions relating to property ownership issues, including easements by necessity, easements by implication, easements by prescription and adverse possession rights.
  • Defended homebuilder against claims by group of homebuyers relating to alleged misrepresentations and non-disclosure of uses of surrounding properties.
  • Represented owner of multi-million dollar residential property in successfully prosecuting unlicensed contractor.
  • Defended developer in shareholder derivative litigation against claims for breach of fiduciary duty relating to timing and sequence of development process.
  • Successfully represented family-owned company in litigation over ownership, control, transfer rights and fiduciary duty issues arising out of multiple limited partnerships and LLCs.
  • Successfully defended, in trial court and on appeal (Court of Appeal Opinion), antitrust suit filed against 29 developer clients asserting claims of tying arrangements and unfair/fraudulent business practices; then sued for malicious prosecution and prepared a 100+ page State Bar Complaint against the plaintiff’s attorney that resulted in disciplinary charges filed against him.