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John Joseph O'Brien

John O'Brien’s Legal Cases

10 total

  • Boat Buyer v. Boat Seller

    Practice Area:
    Consumer Protection
    Date:
    Jan 10, 2011
    Outcome:
    Client Prevailed and awarded over $89,000.00.
    Description:
    After 7 months of litigation and a 3-day arbitration, the law firm successfully obtained an arbitration award on behalf of a husband and wife defrauded in the purchase of a boat. As a condition of the purchase agreement, the firm's clients requested the defendant seller provide a written report of the underwater bottom condition of the boat. The law firm proved that the seller misrepresented and concealed damaged and deteriorated boat conditions in the report. The law firm also proved that the seller's "as is" and "no warranty" provisions in the purchase contract were not defenses. As a result, the arbitrator awarded the law firm's clients monetary damages to fix the boat, interest, attorney fees, and all litigation expenses, which totaled over $89,000.00.
  • Computer Leasor v. Computer Leasee

    Practice Area:
    Contracts & Agreements
    Date:
    Dec 20, 2010
    Outcome:
    Case Settled for $7,000
    Description:
    Computer leasor client leased computer systems to the defendant. During the course of the lease, defendant erased software from the systems, which destroyed the operating systems and vitality of the units. Client alleged the defendant was negligent and breached the lease agreement, thereby forcing the client to completely replace the machines.
  • Ex-Partner v. Solar Energy Company

    Practice Area:
    Consumer Protection
    Date:
    Jun 01, 2011
    Outcome:
    Case settled for a confidential amount.
    Description:
    Firm successfully handled a lawsuit involving a solar energy company in a dispute with an ex-partner. Case involved allegations of breach of contract, fraud, and implied agreements to compensation. The amount at issue was over $1 Million.
  • Tenant v. Property Management (Mice Infestation)

    Practice Area:
    Lawsuits & Disputes
    Date:
    Jan 01, 2010
    Outcome:
    Settled in Confidence
    Description:
    After the client saw a mouse inside her unit, she told her property management company (“the defendant”). The defendant inspected the unit and said there was only one mouse. The client saw another mouse and begged the defendant to call an exterminator, but it did not. Instead, the defendant set 2 mouse traps. The client began to hear rodents in the walls and see more mice, and begged the defendant to take more aggressive action, especially as she began to see more mice and her dogs were kept awake all night by the noise and smell. After a week and a half, the property management company finally hired an exterminator, who set 12 traps, which all immediately captured mice. The exterminator told the defendant that the mice were entering the unit through holes. The property management’s solution was to place a rock in front of the holes. The client then told the property management that the exterminator’s traps contained dead mice, but the defendant did nothing and said it was waiting for the exterminator to return. After two weeks, the nights became so terrifying that the client could no longer sleep at the property, took some personal belongs, and went to a friend’s house. At this point, the unit and her personal property were infested and riddled with mice droppings and urine, mice were inside her couch and mattress, and mice were nesting in her clothes, shoes, and kitchen cabinets. After she left the property, the property management company indicated its exterminator had removed 21 mice from the unit. The defendant then agreed the client would not pay rent for the month, and would be released from her lease agreement. However, the damage the mice caused to the client’s personal property (furniture, clothing, food, books, etc.) totaled over $17,000. The San Diego landlord-tenant attorneys at The O’Brien Law Firm successfully and confidentially settled the dispute, after demanding the property management company pay the client's compensatory damages, attorney fees, costs, punitive damages, and pre-judgment interest.
  • Business Consultant v. Energy Company

    Practice Area:
    Lawsuits & Disputes
    Date:
    Sep 01, 2012
    Outcome:
    $365,000 Judgment in Client's Favor
    Description:
    The firm's client entered into a business consulting contract with an energy company defendant, which requested the client's financial advice for a new business venture. The defendant also requested the client review its business plans and corporate books. The client and the business executed an engagement agreement and the business agreed to pay the client a substantial retainer, plus commissions if it used the client's financial advice and structuring for its new venture. The O'Brien Law Firm's client proposed financial structuring and rendered other consulting to achieve the energy company's goals, but the business refused to pay the retainer or commissions. John J. O'Brien sued the business and got a judgment for $365,534, which included $248,061 in compensatory damages, $50,450.89 in pre-judgment interest, $1,147.50 in costs, and $65,875 in attorney fees.
  • Homeowner v. HOA

    Practice Area:
    Lawsuits & Disputes
    Date:
    Jan 02, 2012
    Outcome:
    Case settled for a confidential amount.
    Description:
    The O'Brien Law Firm's client purchased a condo with existing water damage. Prior to the client's agreement to purchase the property, the HOA promised to repair the water damage. The contractors the HOA first hired made the existing water damage even worse. After the HOA fired the initial contractors, it then took another 4 months to select a proper contractor and finally repair the unit. On behalf of his client, John O'Brien sued the HOA for the delays and damage, among other things, also alleging the delays carried the unit over from a healthy market in which to the client planned to flip the property, to an unhealthy market. The lawsuit also sought the client's carrying costs from the HOA, such as mortgage expenses, property taxes, insurance, homeowners’ association fees, and utilities during the prolonged repairs. The HOA settled for confidential amount.
  • Husband & Wife v. Florist

    Practice Area:
    Lawsuits & Disputes
    Date:
    Sep 15, 2012
    Outcome:
    Judgment in Client's Favor
    Description:
    Successfully defended a $2,000,000 libel lawsuit. Court entered defense judgment in clients' favor on the plaintiffs' defamation and emotional distress claims, and entered a judgment in the clients' favor for breach of contract on a cross-complaint. Husband and wife retained a florist for their wedding, then got in a dispute over the flowers. The clients asked for a refund of their deposit and they alleged the florist refused. The couple then filed a small claims lawsuit for breach of contract -- and also posted many negative critiques of the florist online, on sites such as Yelp.com and RippOffReport.com. The plaintiff florist then filed a libel and emotional distress lawsuit seeking roughly $2,000,000 in damages for reputation injuries, loss of business profits, and severe emotional distress. The court awarded the couple a $2,000 refund under the wedding flowers contract. On a post-trial motion for judgment notwithstanding the verdict, the court rejected all of the florist's claims for libel and emotional distress, reversed the jury's verdict, and entered a defense judgment in the clients' favor.
  • Former Employer v. Ex-Employee

    Practice Area:
    Lawsuits & Disputes
    Date:
    Apr 15, 2013
    Outcome:
    Case Settled in Client's Favor
    Description:
    Firm's client was sued by his former employer for breach of contract and misappropriation of trade secrets for over $100,000. The plaintiff company also sued for unfair competition and business interference. John O'Brien resolved the matter for client for $0. The company alleged the firm's client took its confidential property, information, and customers - and that the former employer was using that information to compete and steal business. The defenses in the case, among other things, included that the former employee did nothing alleged, and that, regardless, "non-compete agreements" are void in California. John O'Brien filed a demurrer and motion to strike the lawsuit, served probing questions in discovery, and the plaintiff and the defendant soon mutually resolved the matter $0. The plaintiff's own later later stated to Mr. O'Brien that he "did an excellent job for [his] client in this case."
  • Business Seller v. Business Buyer

    Practice Area:
    Lawsuits & Disputes
    Date:
    Apr 25, 2013
    Outcome:
    Case Settled in Client's Favor
    Description:
    The firm's client sold her business to the defendant, who agreed to pay $210,000. The defendant made several payments, but eventually stopped making the payments, and began ignoring the seller. The O'Brien Law firm filed a breach of contract lawsuit, and then successfully settled the action in its client's favor.
  • Beer Brewer v. Brewery

    Practice Area:
    Lawsuits & Disputes
    Date:
    May 23, 2013
    Outcome:
    Case settled Confidentially
    Description:
    Represented a beer brewer and former partner in a brewery against the brewery and its CEO. Client alleged that the parties agreed to award him a percentage of the business' equity and profits. The brewer also sued because he alleged the company and CEO took his recipes without permission or compensation. The firm filed a breach of contract and misappropriation of trade secrets case, which sought all damages, including attorney fees, interest, court costs, and punitive damages. After 2 years of litigation, including successfully opposing the defendants' summary judgment motion, the parties confidentially settled the case.