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Notable Cases

Fraud/Breach of Warranty – Auto

Client purchased a classic automobile “as is” from a dealership. The dealership advertised the car as having “matching numbers” and “factory fuel injection.” Subsequent restoration of the vehicle revealed that the car’s engine block numbers had been deliberately removed and re-stamped with the correct “matching” numbers. It was also determined that the vehicle was not originally equipped with “factory fuel injection.” The Firm recovered for client the full appraised difference in value between actual and advertised description plus full attorney’s fees.

Business Litigation – Settlement

Dana Technologies I, Inc. v. BioEnergy Hawaii, LLC (Superior Court, Orange County) (2013) Former contractor sued client for breach of consulting agreement. Successfully negotiated settlement resolving action for less than 4% of damages claimed.

Business Litigation – Stipulated Judgment

BioEnergy Hawaii, LLC v. adaptiveArc, Inc. (Superior Court, Orange County) (2013) Representing developer of waste conversion facilities in the State of Hawaii against a manufacturer of a system designed to be used in the processing of solid waste to electronical energy. Client sued for breach of four agreements governing design and development of the technology. On the eve of trial, successfully negotiated a settlement resolving all claims. Settlement included a stipulated judgment filed with the Court in favor of client.

Securities Litigation – Confidential Settlement

In action representing minority shareholder against majority shareholder, claiming conversion and breach of fiduciary duty, successfully negotiated settlement at mediation on favorable terms.

Trust Litigation – Settlement

In The Matter of SC Kim Children’s Trust (Superior Court, Los Angeles County) (2011) In action representing trust beneficiaries, successfully negotiated settlement at mediation on favorable terms.

Employment Litigation – Settlement

Givan v. Nine-0-One, LLC (Superior Court, Los Angeles County) (2012) In action representing restaurant against former bouncer alleging labor and employment claims, including unpaid meal breaks, rest breaks, and wrongful termination, successfully achieved dismissal with prejudice of employee’s claims on favorable terms, including payment of less than 10% of costs of litigation.

Employment Litigation – Settlement

In action representing restaurant against former employee alleging wrongful termination, successfully negotiated settlement on favorable terms resolving all claims for less than 5% of costs of litigation.

Employment Litigation – Confidential Settlement

In lawsuit representing defendant law firm in action filed by a former attorney employee for wage and hour claims and retaliatory termination, successfully negotiated settlement resulting in dismissal of plaintiff’s claims and payment to defendant law firm in an amount in excess of all fees, costs, and expenses incurred.

Business Litigation – Dismissal and Judgment at Trial

A private school sued a school teacher for breach of a non-compete and non-solicitation agreement in the teacher’s contract. The firm represented the school teacher. On behalf of the teacher, the firm filed a cross-complaint for breach of contract. At trial, the firm successfully moved for judgment on the pleadings and dismissal of the school’s complaint. Following a trial on the merits regarding the teacher’s counter-claims, the court entered judgment for the teacher. The court awarded the firm client an award of all contract damages incurred, plus costs.

Real Estate Litigation – Confidential Settlement (2012)

Client owned an 80,000 square foot manufacturing facility. After tenant discontinued paying rent, client filed an unlawful detainer action. The tenant ultimately vacated. The client then hired the Firm to pursue a lawsuit for damages against the tenant. The Firm amended the complaint to add claims against the tenant, as well as the tenant’s parent corporation and majority shareholder alleging breach of contract, waste, conversion, interference with contractual relations, and fraud. Prior to trial, the Firm successfully obtained a favorable settlement resolving all claims.

Business Litigation – Dismissal at Trial

A Firm client, a mold inspection company and its owner, was sued by a lawyer for alleged defamation, interference with contract, intentional infliction of emotional distress, and unfair business practices. The lawyer had previously engaged the services of the inspection company. After a year of litigation, the case proceeded to jury trial. On the first day of trial, before trial commenced, the Court granted each of the Firm’s pre-trial motions to exclude certain evidence and argument to be presented by the plaintiff at trial. In response, the plaintiff dismissed her entire lawsuit.

Business Litigation – Court Judgment

A Firm client hired a contractor to provide consulting services regarding the client’s trash hauling business in Hawaii. The consultant and his company violated the terms of the agreement and committed fraud. The Firm obtained a court judgment against the consultant and his business in the amount of $732,608.86, which included attorneys’ fees and costs.

Business Litigation – Court Judgment

The Firm represented a California consumer against EverHome Mortgage Company alleging violation of the California Consumer Credit Reporting Agencies Act. The lawsuit alleged that the client suffered damages as a result of an inaccurate credit report furnished by EverHome to the credit reporting agencies. After a three-day trial, the Firm prevailed against EverHome, recovering damages for the statutory violations as well as $225,000 in attorneys’ fees and costs, which was 98% of the fees and costs the Firm requested from the Court.

Labor and Employment Litigation – Confidential Settlement

A Firm client, an Orange County law firm, was sued by a former associate attorney employee for wage and hour claims and retaliatory termination. The lawsuit sought compensatory and punitive damages and attorneys’ fees, costs and expenses. The Firm successfully negotiated settlement before trial resulting in dismissal of plaintiff’s claims with prejudice and unilateral release of all known and unknown claims against firm, a tolling agreement regarding client’s potential claims against former employee, and payment by plaintiff to client in an amount in excess of all attorneys’ fees, costs, and expenses incurred by client in connection with the lawsuit.

Business Litigation – Confidential Settlement

A Firm client was sued for breach of contract, breach of express and implied warranties, and fraud. The lawsuit sought punitive and other compensatory damages. After Firm filed motion for summary judgment, Firm successfully obtained agreement from Plaintiff to dismiss the lawsuit, with prejudice, and release all claims against the Firm’s client for no money or other consideration.

Personal Injury – Confidential Settlement

A Firm client was riding his bicycle in Orange County when a passenger vehicle collided with him and ran him off the road. Blood tests revealed that the driver of the vehicle was intoxicated at the time of the incident. Firm settled the case before trial for the driver’s insurance policy maximum.

Construction Litigation – Judgment After Trial

A Firm client hired a general contractor to construct a new single family residence in Newport Beach. Unbeknownst to the client, the contractor was unlicensed and unqualified to complete the construction project. The Firm obtained a judgment in the amount of $602,000 to compensate the Client for all fees and costs (including materials) paid to the Contractor. The Court also found that the Contractor had committed fraud and awarded the Client $100,000 in punitive damages in addition to their attorney’s fees of approximately $70,000.

Consumer Class Action – Settlement

The Firm represented a class of approximately 1,000 individuals, alleging claims for wrongful eviction practices and related statutory violations against an Orange County hotel. After two years of litigation, the Firm settled the matter for the maximum statutory damages per class member, plus attorneys fees, costs, and expenses.

Employment Lawsuit – Confidential Settlement

The client, a real estate agent, filed an action against another agent, a broker, and the real estate company alleging breach of contract, wrongful termination, interference, and wage and hour claims. After a year of litigation, including hearings in front of the Employment Development Department, the Firm successfully obtained a favorable settlement resolving all claims.

Business Litigation – Dismissal with Prejudice

A former employee of client alleged breach of settlement agreement and brought action to enforce settlement. After filing of opposition to motion to enforce and before the hearing on the matter, former employee dismissed the action with prejudice.

Business Litigation –Confidential Settlement

Following the clients’ acquisition, an Orange County company providing aircraft management and private charter jet services, client and sellers engaged in various pre-litigation disputes alleging securities violations, breach of contract, and related claims. Firm ultimately obtained a favorable settlement resolving claims.

Business Litigation – Confidential Settlement

Engine repair company sued client alleging breach of contract, seeking damages in excess of $100,000. Firm negotiated a settlement resolving all claims whereby a third party, the prior shareholders in the company, funded the entire settlement.

Business Litigation – Court Judgment

Client loaned a former consultant $50,000. Consultant defaulted on loan. Firm filed a lawsuit against Defendant for breach of contract and fraud, seeking damages, plus interest, attorneys’ fees, costs, and expenses. The Firm prevailed on all claims, obtaining a judgment of $170,000.

Business Litigation – Confidential Settlement

Client entered into Purchase and Sales Agreement relating to medical practice. After purchaser failed to make various payments under the terms of the Agreement, seeking to renegotiate the terms of the agreement, Client hired the Firm. Firm later obtained a favorable settlement, resolving all claims.

General Civil Litigation – Confidential Settlement

Representing plaintiff is action against funeral home, Client alleged that funeral home and embalmer failed to properly embalm husband, alleging breach of contract, infliction of emotional distress, and negligence. Firm obtained a favorable settlement, resolving all claims.

Employment and Business Litigation – Confidential Settlement

Client alleged misappropriation, conversion, breach of contract, and related claims against former employee and manager. Firm obtained a favorable settlement on all claims.

Family Law Litigation – Court Judgment

Firm represented client in action for modification of support and reimbursement of expenses. After a three day hearing, Firm prevailed on all claims, obtaining judgment of approximately $70,000.

Personal Injury – Auto

Represented a foreign plaintiff in a rear-end auto collision with minimal property damage. Negotiated a pre-trial settlement in the amount of $370,000.