AECOM Technical Services, Inc. v. Excell Excavating, Inc.

Practice Area: Construction

Date: March 7, 2016

Outcome: $950,000

Description:  Represented an excavation subcontractor that worked on a Montrose Chemical Corporation clean-up site.  The general contractor decided not to pay this subcontractors last invoice and claimed that this subcontractor owed a refund for negligent work and unauthorized work.  The general contractor was quickly presented with evidence to refute its reasons for non-payment. The general contractor paid $950,000 to settle within 6 months of the lawsuit being filed.

Mejia v. Lopez et al

Date: September 16, 2015

Outcome: Defense Judgment

Description:  Represented a real estate broker that was sued by one of its agent’s customers for breach of fiduciary duty and fraud.  Obtained a judgment of dismissal in favor of our client after filing a series of demurrers.  Thereafter, recovered costs for our client.

Joe‘s Italian Ice v. Jerry’s Contractors et al

Practice Area:  Construction and development

Date:  Aug 19, 2015

Outcome:  $500,000 judgment

Description:  Represented a business owner that was overcharged and defrauded by its contractor. Demand was $120,000. After a four day trial, obtained a judgment in excess of $500,000 against the contractor and its shareholder and project manager.

OM Joshua LLC v. Charles Zarkas et al

Practice Area:  Real estate

Date:  Feb 25, 2014

Outcome :  Defense Judgment

Description: Represented the owners of 20 acres of land in San Bernardino County. They entered into a land sales contract with plaintiff (a developer). Plaintiff failed to provide the necessary purchase funds within the time required by the land sales contract, and our clients cancelled escrow. Plaintiff thereafter sued our clients for specific performance, claiming that they had the funds and were ready to purchase, but for the fact that our clients wrongfully prevented them from tendering the funds. After the parties engaged in discovery, I filed a motion for summary judgment. The Court granted our motion on all causes of action and a judgment was entered in favor of our clients. Our clients also filed a motion to recover their attorney fees and costs as the contract allowed the prevailing party to recover attorney fees.

Abad Foam, Inc. v. Foam Empire, Inc., et al

Practice Area:  Business
Date:  Mar 20, 2012

Outcome : $1.35 million, plus injunction

Description:  Represented Abad Foam in a business dispute and unfair competition case against Foam Empire and its officers. I obtained a judgment against Foam Empire and its officers in the amount of $1.35 million, as well as an injunction disgorging the defendants of future earnings from numerous customers for a period of 7 years.

Lovato v. Trifero

Practice Area:  Real estate
Date:  Aug 24, 2011

Outcome : Confidential Settlement

Description: Represented a real estate investor that purchased a property with defendant. Our client believed that defendant misrepresented the terms of the investment and filed a lawsuit for imposition of a constructive trust over the property or money damages.

Goldsheft v. Schule

Practice Area:  Litigation
Date:  Jul 20, 2011

Outcome : Confidential Settlement

Description: Represented defendant in a trust management dispute that was accused of misappropriating and stealing funds from the trust and beneficiaries. The case was settled and dismissed after depositions were taken.

Emercon Construction v. Milbank Enterprises, et al

Practice Area:  Construction and development
Date:  Feb 09, 2011

Outcome : Settled

Description: Represented an insurance restoration contractor in a breach of contract action against the owners of a high rise building in Los Angeles that failed to pay our client for fire damage repair work. After the deposition of the VP of Milbank, Milbank agreed to settle for the full value of the case.

La Costa de Marbella v. City of Carlsbad

Practice Area:  Real estate
Date:  Mar 02, 2010

Outcome : $12.5 million, plus $2 million in repairs.

Description: A City owned water main leaked and caused a landslide that damaged several homes in Carlsbad. I recovered full pre-landslide market value for each damaged home, repair money, and negotiated loan reductions with our clients banks. It is one of the largest property damage settlements in San Diego County.

Colony Hill HOA v. City of San Diego

Practice Area:  Construction and development
Date:  Jan 01, 2010

Outcome : Settled for repairs and attorney fees payment.

Description: Association road subsided after City water main failed. City contended that improperly compacted soil and nature caused the subsidence. After two years of litigation, the City agreed to reroute and update its water system and repair the damaged roads.

Tingzon v. City of Oceanside

Practice Area:  Real estate
Date:  Jun 10, 2009

Outcome : $6.25 million

Description: A leaking City sewer main caused a landslide that damaged several homes. The City paid $6.25 million to the homeowners.

Jayco Acceptance Corporation v. Strong

Practice Area:  Real estate
Date: Oct 30, 2008

Outcome : Cost of repair, plus punitive damages. Upheld on appeal.

Description: Represented a hard money lender that made a loan to a contractor. The contractor defaulted. Our client took a property owned by the contractor to satisfy the debt. Unfortunately, the contractor failed to disclose that the property had underground fuel storage tanks that were old and inoperational. Our client had to remove the tanks, obtain a clean soil certification, and deal with a Underground Fuel Storage Tank Act compliance hassles, at great expense. I sued the contractor for fraud and negligent misrepresentation. I won on all counts, recovered all costs incurred by our client to remove the tanks, plus I doubled the award on punitive damages. The contractor appealed the judgment. The California Court of Appeals upheld our judgment and it was one of only a handful of punitive judgment awards upheld that year.

Oliveros v. Oliveros

Practice Area:  Real estate
Date: Jan 24, 2006

Outcome : Defense Judgment/Subsequently Settled

Description:  Represented the owner of a property in LA County. The property owner was sued by a relative claiming that she was not merely a tenant but, an owner of the property. The defendant had made extensive improvements to the property and had checks that said mortgage payment on the memo section. The trial was conducted in two stages. The first trial was an Unlawful Detainer action to evict the defendant. I successfully excluded testimony of the defendant regarding her ownership of the home. As a result, she lost the Unlawful Detainer trial. At the second stage of trial, I asserted a defense of collateral estoppel and obtained a pre-trial order that again excluded the defendant from putting on evidence that she owned the property. The case settled on the first day of the second phase of trial for far less than the cost of completing trial.

Dhillon et al v. FAST Semiconductor, Inc., et al

Practice Area:  Business
Date: Oct 11, 2005

Outcome : Confidential Settlement
Description:  Represented an engineering firm that had developed proprietary microchip diagnostic processes. This firm had a successful business performing various diagnostic work on micorchips manufactured by Texas Instruments. Two of the founders of the company sued FAST Semiconductor and the remaining engineer for allegedly locking them out of the business. On the first day of trial, a settlement was reached. The settlement sum is confidential but, was five times less than plaintiffs’ pre-trial demand. Our client viewed the settlement as a tremendous victory given the value of the company. I also represented the accountant for FAST Semiconductor in a related claim and defensed his case on a motion for summary judgment.