Dismissal of U.S. Commercial Litigation Suit against Canadian Corp. at Trial Court and Court of Appeals
Feb 13, 2023
OUTCOME: Appellate upholding of dismissal of case for litigation in Canada
Sandhu Farm Inc., Appellant v. A&P Fruit Growers LTD., Respondent (Div. 1, Case #: 83866-1)
U.S. berry farmer sued Canadian berry processor for breach of contract in Skagit County Superior Court; s...uccessfully represented berry processor in having case dismissed: defended against summary judgment motions, prevailed on summary judgment motion for forum non convens and lack of personal jurisdiction; and prevailing at the appellate level on forum non convens grounds.
Family
Multi Jurisdictional Tribal Custody Litigation
Jan 01, 2016
OUTCOME: Sole custody of child moved to my client and his tribe
Court, Whatcom County Superior Court of Washington, San Diego County Superior Court of California, County of and the Pala Band of Mission Indians Tribal Court over the custody and enrollment of a India...n child with multiple tribal affiliations. This included one tribe issuing a habeas corpus show cause order over the custody of a child and serving it in the other sovereign jurisdiction and competing tribal and state court protection orders, as well as litigation over the applicability of the federal Uniform Custody Jurisdiction and Enforcement Act. The litigation involved appearances by private parties, intervening tribes, and working with multiple co/opposing counsel, and I appeared and filed pleadings in three of the four jurisdictions involved.
Criminal defense
All City of Lynden curfews eliminated (2015)
Nov 04, 2015
OUTCOME: Case dismissed
In 2015, my client was charged with a crime pursuant to Lynden Police detaining her for being in the park after dark to star gaze. After a thorough investigation, research, cross examination of office...rs and contested motion hearings, the court found that the City was improperly and without authority enforcing an unlawful curfew. My client and 3 co-defendants had all evidence against them suppressed and the charges dismissed.
OUTCOME: Trial court ruling upheld for client and further fees awarded to client
Washington Appelate, Div. 1, No. 68818-9-1.
This appeal arose out of a dispute between adjoining property owners. Opposing party brought suit against my client, claiming damages and requesting in...junctive relief as a result of ongoing excavation, asserting trespass, waste, and injury damages. We counterclaimed, also asserting trespass damages, and requesting attorney fees due to the frivolous nature of his assertions and
pursuant to law and CR11 sanctions.
We prevailed at trial in Whatcom Superior Court, which the opposing party appealed on several grounds, both substantive and procedural.
In the appeal, numerous areas of substantive law and procedure were argued, as well as factual assertions made by the opposing party that were either false, or the subject of findings by the trial court judge that the opposing party's claims were 'unsupported by the facts, grossly exaggerated, and "made willfully, maliciously and in bad faith.' "
The Appelate court upheld the trial court's findings and awards on all substantive issues, awarded fees on appeal, and then remanded to Superior Court for additional detail to be added to the findings, while directing that further fees could be awarded associated with the work on remand.
Lawsuits and disputes
Litigation over Cremation Remains
Jan 01, 2013
OUTCOME: Cremation ashes successfuly turned over to my clients and scattered according to the wishes of the deceased.
Highly informal wishes written down by the deceased combined with recent changes to Washington's laws governing human remains (RCW 68.50) led to a dispute between the disinherited children of the decea...sed and the heirs of the deceased.
The heirs wanted to dispose of the ashes honorably and in a way consistent with what the deceased would have wanted- to resolve this was not a probate issue, but an issue over control and disposal of the "personal property" of cremated remains, which are controlled by different laws.
Commercial real estate
Contested ownership over thousands of lbs of frozen seafood
Aug 01, 2011
OUTCOME: Utilizing the the legal recourse of replevin, all 8,000 pounds of goods were awarded to my client.
After my client bought 8,000 pounds of harvest from fishermen, and then processed and warehoused the product in cold-storage pending their sale, a dispute arose over ownership of the product- as a cons...equence, the warehouse refused to release the product to anyone and the parties sued each other over ownership. The opposing party advanced multiple theories of ownership, including partial ownership from commingling of goods, strict construction of UCC principles and contesting the identity of the goods which required expert scientific analysis.
Criminal defense
Accused of trying to burn down a house with people inside
Oct 21, 2009
OUTCOME: Charges dismissed by Judicial Order
During an ongoing dispute with co-owners of a summer home, the defendant went to the property and then for a walk. When he returned, he was confronted by the Sheriff and accused of trying to burn the ...property down with two young girls inside, by leaving the gas and burner on- serious accusations.
The County Prosecutor pressed charges in the form of two counts of Reckless Endangerment. Complications were added by the fact that the defendant was a Canadian citizen who lived half the year in Whatcom and half in Australia, which is where he was when the prosecutor leveled the charges.
My investigation revealed a series of contradictory facts and exculpatory witnesses that the investigating Sheriff failed to diligently follow up with before referring it for prosecution. Despite this, the Prosecutor refused to dismiss my clealy innocent client, after this was called to their attention.
This case ended up requiring extensive contested motion practice in court in the face of aggressive prosecution. In the end, it was demonstrated that the prosecution lacked a basis for probable cause, failed to meet the elements of the prima facie case, and were in breach of their duty to diligently and adequately investigate the incident. A judge ordered the prosecution's case dismissed.
Family
Expert Witness testifying on Arranged Marriage, Caste and Social Pressure
Jul 31, 2006
OUTCOME: Father was arrested pending return of the child from overseas, which did occur and child was reunited with mother
Rao v. Rao, King County Superior Court, 04-3-00229-3 SEA
Testified as an expert witness for the Mother Respondent, who had handed over child under false promises regarding marriage and return of chi...ld. The child was taken overseas, and resulted in multi-country litigation, which required expert testimony on cultural norms and expectations at trial.
