CORPORATE DISPUTE BETWEEN FOUNDERS
As a result of this successful business litigation, the Appellate Court made several important holdings which are now contained in leading civil litigation treatises as follows:
Dissolved corporations have capacity to sue and be sued in the process of winding up their affairs. Dissolved corporations continue to exist for purpose of prosecuting and defending lawsuits. Dissolved corporations shareholder may pursue derivative action on behalf of dissolved corporation. Where fraud is alleged to be the object of the conspiracy, the claim must be pleaded with particularity. i.e., how, when, where, to whom by what means the representations were tendered. A plaintiff who completes a viable claim for conspiracy against an attorney need not follow the petition procedure outlined in the statute as such a claim necessarily falls within the stated exceptions to its application. Favila v. Katten Muchin Rosenman, LLP (2010) 188 Cal.App.4th 189, 215, 115 CR 3d 274 at 294.
Trial of this matter resulted in a $4.25 Million award in damages plus the imposition of a constructive trust which included return of stolen assets and intellectual property.
REAL ESTATE LITIGATION ARISING OUT OF A PARTNERSHIP DISPUTE
A Fraudulent recordation of deeds to 11 Residential Properties by Plaintiff's Companion of 10 years was voided in a bench trial and affirmed on appeal. In this case, Plaintiff recovered his properties and was also awarded costs and compensatory damages of $2.5 Million and punitive damages of $150,000.00.
REAL ESTATE DISPUTE INVOLVING JOINT TENANTS
A Surviving Ex-Spouse who maintained joint tenancy ownership to several properties with her former husband was able to enforce the joint tenancy when the husband failed to honor their fully executed agreement to maintain the joint tenancy status, so that upon his death, the property reverted to his former wife under the principal of Joint Tenancy.
UNFAIR LENDER PRACTICES BY HARD MONEY LENDER
Successful litigation by a homeowner against a private lender who engaged in predatory loan practices. A jury verdict in favor of the homeowner resulted in a substantial verdict which returned many years of mortgage payments and other monetary damages.
Client was seriously injured while skiing when hit by an errant snow boarder. The Appellate Court held that the assumption of risk doctrine does not shield a reckless snow boarder from liability.
PROPERTY PURCHASER V. BANK
Successful litigation by our client, the buyer, who purchased bank-owned real estate. The bank had failed to disclose known land boundary issues affecting the value and potential use of the property. Jury verdict in favor of the buyer. Confidential settlement after appeal.
CORPORATE DISPUTE BETWEEN FOUNDERS
In this case, a Civil Engineer, a founding member of the firm was forced out by his two co-founders who formed a different entity for the purpose of transferring the firm's business so as to exclude our client. The client was evicted from the office premises and not paid for his share of the business assets. We resolved the dispute by having a substantial sum of money paid to our client fully compensating him for his loss.
This case concerned a marital settlement agreement where the attorney failed to perform adequate due diligence and investigation of the community assets. Successful appeal based on statute of limitations resulted in reversal of the trial court's dismissal.
Confidential settlement when employee was terminated upon returning from maternity leave.
Confidential settlement against hospital when patient died during surgery due to malpractice by surgeon and failure of hospital to follow internal policies and procedures.