Won jury verdict on fraud and rescission claims representing seller of beachfront residence in Orange County involving mold and water intrusion issues. In this case, the plaintiff buyer unsuccessfully sued the defendant seller (client) for fraudulent concealment and intentional nondisclosure, negligent nondisclosure, statutory nondisclosure under Civil Code Section 1102, et seq., and breach of contract (California Association of Realtors Purchase Agreement and Joint Escrow Instructions).
Recently won a motion for summary adjudication and defeated the motion for new trial for national relocation company on breach of contract claim (California Association of Realtors Purchase Agreement). Here, plaintiff buyers sued defendant former homeowners, defendant broker and agent, and defendant national relocation company seller (client) for fraudulent concealment and intentional nondisclosure, negligent nondisclosure, statutory nondisclosure under Civil CodeSection 1102, et seq., and breach of contract for the alleged nondisclosure of errant golf balls on the subject property – a multimillion-dollar residence abutting 300 yards of fairway on the Spanish Hills Country Club.
Won summary judgment for international health, wellness and fitness company in contract and unfair competition dispute over infomercial royalties. The plaintiff producer unsuccessfully sued the defendant corporation (client) for unlawful, unfair and fraudulent business practices under Bussiness & Professions Code Section 17200, et seq. and breach of contract – an infomercial production and royalty agreement that the plaintiff himself prepared.
Negotiated monetary recovery (from a settlement after mediation) for individual defendant who originally sued herself in an employment contract dispute for a former employee of insurance/benefits company. Specifically, after key employee (client) resigned, the plaintiff employer responded in bad faith by suing her for the alleged unauthorized use of the company credit card. Employee client brought cross-complaint against the employer to issue her a final paycheck and to pay her earned but unpaid commissions and medical benefits for her and her dependent children.
Recently won unlawful detainer trial for landlord regarding a residential property in San Fernando Valley. Here, after securing the defendant tenant’s default, plaintiff landlord (client) obtained a judgment after trial for unpaid rent, possession of the premises, forfeiture of the lease, daily monetary damages up to the day of trial, and attorneys’ fees and costs, plus a subsequent Writ of Possession for the Sheriff to enforce that judgment.
Successfully moved Ex Parte for Order to Show Cause for Preliminary Injunction to specifically enforce residential lease for tenant. The plaintiff tenant (client) and defendant landlord executed a California Association of Realtors Lease establishing a one-year tenancy. About one week before the lease was to commence, the landlord tried to renege on the agreement.
Secured dismissals for $0 for defendant former homeowner sellers (clients) and defendant national relocation company seller (client), and defendant broker/agent (client) for a plaintiff buyer in fraudulent concealment and nondisclosure case in San Bernardino County binding arbitration matter. The plaintiff buyer unsuccessfully alleged that defendants failed to disclose before the removal of contingencies and before the close of escrow that the roof of the subject property was repaired so as to be susceptible to leaking five years after the close of escrow.
Prepared winning motion for non-suit and assisted in a six-week jury trial in wrongful foreclosure case for a national mortgage company. The plaintiff’s former homeowner and plaintiff second deed of trust holder unsuccessfully sued defendant first deed of trust holder (client) for wrongfully foreclosing against the former homeowner.
Prepared winning appellate response brief in 9th Circuit appeal in case interpreting Carmack Amendment for national van line (client). White v. Mayflower Transit, LLC, 543 F.3d 581 (9thCir. (Cal.) 2008).
Won summary judgment resulting in published decision for national van line (client) in United States District Court, Central District of California interstate commerce case. Allstate Ins. Co. v. Mayflower Transit, LLC, 616 F.Supp.2d 1003 (C.D. Cal. 2009). Due to the interstate nature of the subject shipment, the Federal Court correctly ruled that the matter was governed exclusively by the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 14706. As such, the state law claims contained in Plaintiff’s Complaint were preempted as a matter of federal law.