Contract Dispute – Reformation of Written Instrument

We defended our client in an action for (1) Reformation of Written Instrument; and (2) Declaratory Relief.  Plaintiff brought the action, related to a promissory note and deed of trust, alleging that the deed of trust had an incorrect amount indicated therein.  We, in turn, contended that the deed of trust included the correct amount, and thereafter unearthed evidence to support our conclusion. Plaintiff dismissed the action, and the parties are negotiating a return of attorneys’ fees incurred by our client in defending the action.

Result: Obtained dismissal of action.

Intellectual Property Litigation

We prosecuted an action on behalf of a client that held intellectual property rights and rights of publicity in the U.S. and various countries in Europe and Asia relating to a well-known Hollywood figure. We quickly acted to enforce our client’s rights, which included the cease and desist of unauthorized use and display of the figure’s images on the defendant’s websites, as well as unauthorized reproduction.

Result: Unauthorized use, display and production immediately halted, with subsequent settlement.

Adverse Possession Claim

We represented the defendants in a case where the plaintiff alleged she was the owner of a real property by adverse possession.  Plaintiff’s complaint asserted a cause of action of quiet title via adverse possession. Following bench trial, the plaintiff was denied a ruling establishing adverse possession in her favor, and that she had no right, title, or interest in the property.

Result: Ruling in favor of our client; claim dismissed.

Misappropriation of Intellectual Property

We represented the owner of a cloud-based data management system who was alleged to have misappropriated copyrightable intellectual property. We filed a cross-complaint for: (1) breach of contract, (2) open book account, and (3) account stated.  Following bench trial and post-trial briefing, the court entered judgment in favor of our client and awarded no damages to plaintiffs.

Result: Case dismissed. Plaintiff’s recovery from our clients: $0.

Violation of Computer Fraud and Abuse Act, Computer Crimes, Fraud, Conversion, Intentional Interference with Contractual Relations, Unfair Competition

We defended a client that was sued in federal court by a popular online gaming host. The complaint alleged our client was involved in fraudulent game play on plaintiff’s website by utilizing software applications that perform automated tasks much faster and more repetitively than humans. Plaintiff sought to recover all monies that were won by our client, and others, in the hundreds of thousands of dollars.

Result: Case dismissed. Plaintiff’s recovery from our client: $0.

Breach of Contract

We represented the defendant and cross-complainant in the purchase of a commercial property with undisclosed environmental problems. The operative complaint alleged causes of action of: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) specific performance; (4) declaratory relief; and (5) conversion. We filed a cross-complaint for: (1) breach of contract; and (2) declaratory relief.  Following bench trial and post-trial briefing the court entered judgment in favor of our client on the complaint, and awarded all requested damages sought in our cross-complaint.

Result: Judgment in favor of client and awarded all requested damages.

Breach of Contract, Commercial Lease Dispute, Tenant Improvements

We defended a national retailer and its chief executive in a commercial lease dispute relating to tenant improvements totaling $275,722. We filed a demurrer attacking the pleading sufficiency of the complaint, and later a cross-complaint against the plaintiff contractor.

Result: Case dismissed. Plaintiff’s recovery from our clients: $0.

Breach of Contract

We defended a designer and international retailer in a breach of contract action of $216,000. We filed multiple demurrers attacking the sufficiency of the complaint, and later a cross-complaint against the plaintiff for breach of contract, fraud, concealment and unfair business practices, among other claims.

Result: Case dismissed. Plaintiff’s recovery from our client: $0.

Fraud, Aiding and Abetting Fraud, Breach of Fiduciary Duty, Sale of Unregistered Securities, Financial Elder Abuse, etc.

We represented a client named as a defendant in a class action lawsuit that alleged his participation in a high-profile, long running Ponzi Scheme associated with a private real estate investment pool. The complaint alleged plaintiffs were defrauded of more than $57,000,000.00. We quickly asserted, and demonstrated, that our client did not aid and abet, nor profit in any way from the investment pool.

Result: Case dismissed as to our client. Plaintiffs’ recovery from our client: $0.

Breach of Contract

We defended a healthcare facility in a breach of contract action arising from the purchase and sale of medical equipment and analyzers. We filed a cross-complaint against the plaintiff alleging it breached the terms of the agreement, and thereafter conducted aggressive discovery.

Result: Case dismissed. Plaintiff’s recovery from our client: $0.

Violation of Homeowner Bill of Rights

We defended a real estate agency and related Revocable Trust when the plaintiff alleged causes of action of (1) Violation of Homeowner Bill of Rights (HBOR), (2) Unfair Competition, (3) Cancellation of Deed, and (4) Quiet Title, the latter two against our clients. The plaintiff alleged its lender violated the California Homeowner Bill of Rights and sought to have the foreclosure reversed, in addition to seeking $40 million in damages. We filed a demurrer to the operative complaint. Part of the plaintiffs’ case was dismissed as a matter of law after opening statements, and the Court sustained our demurrer without leave to amend, effectively dismissing the case.

Result: Case dismissed. Plaintiff’s recovery from our clients: $0.

Sexual Battery, Harassment, Negligence, False Imprisonment, etc.

We represented the Plaintiff in an action alleging causes of action of: (1) Sexual Battery (Rape); (2) Battery; (3) Sexual Harassment; (4) Gender Violence; (5) Intentional Infliction of Emotional Distress; (6) Negligence; (7) Intrusion Upon Seclusion; and (8) False Imprisonment. The Plaintiff was allegedly raped by a staff member while at a live-in residential rehab.  Through discovery, we were able to establish that the rehab center was negligent in the hiring, supervision and retention of the subject staff member.

Result: Obtained a favorable settlement at mediation.

Breach of Contract

We defended our client in an action for breach of contract arising from the sale of a mixed-use property. We filed a cross-complaint alleging causes of action of: (1) Breach of Fiduciary Duty; (2) Negligence; (3) Negligent Misrepresentation; and (4) Constructive Fraud.  After establishing the dual broker failed to meet its duties to both the buyer and seller, we obtained a favorable settlement at mediation with no out of pocket expenses for our client.

Result: Obtained favorable settlement in mediation.

Trademark Infringement

We defended a skilled home nursing facility against claims of trademark infringement and internet domain rights. Our client’s objective was to resolve the dispute favorably, and as quickly as possible.

Result: Favorable settlement agreement reached before any court filing.

Fraud, Conversion, Misappropriation, Breach of Contract

We defended a client accused by a former employer of embezzling and misappropriating over $200,000. We filed a cross-complaint alleging the employer breached the employment agreement because it failed to adequately compensate the employee, and thereafter instituted aggressive discovery to unearth this issue.

Result: Case dismissed. Plaintiff’s recovery from our client: $0.

Premises Liability, General Negligence

We defended a retail business and its owners in an action brought by a contractor who sustained serious bodily injury while working on the premises. The plaintiff alleged the business failed to maintain the area in a safe condition and failed to warn of a dangerous condition therein, causing him to fall from the ceiling through a floor.

Result: Case dismissed. Plaintiff’s recovery from our clients: $0.

Breach of Contract

We defended a retailer and its managing principal in a breach of contract action arising from the purchase and sale of specially designed electronic cigarettes. We filed a general denial in response to the complaint, and immediately served written discovery to unearth a flaw in the lawsuit.

Result: Case dismissed. Plaintiff’s recovery from our client: $0.

Insurance Coverage, Breach of Contract, Professional Negligence

We represented an international wholesaler and distributor of electronic products in an action against its insurance providers following a burglary of its warehouse. The insurance company initially denied the claim for stolen items totaling $106,700. In response, we quickly filed a complaint against the insurance provider, broker and agent.

Result: $130,000 settlement.

Serious Personal Injury

We represented a truck driver involved in a motor vehicle accident. The impact of the accident caused our client to suffer a rotator cuff injury to his shoulder. The defendant’s insurance company initially argued the accident could not have caused the injury, but later changed its position.

Result: $200,000 settlement.