Burlingame, CA
Class action Lawyer at Burlingame, CA
Practice Areas: Class Action, Consumer Protection ... +7 more
OUTCOME: Settled
San Mateo County Superior Court Action for fraud and elder abuse against title company, hard money lenders, plaintiffs’ son and his ex-girlfriend for fraud and elder abuse resulting in Foroudians incu ... rring $2M in debt for the benefit of defendants. The Plaintiffs recovered their funds. Handled by Ms. Murphy, Mr. McCarthy and Mr. Buescher.
OUTCOME: Verdict; settlement prior to punitive phase
San Mateo Superior Court In July 2012, CPM (Ms. Murphy and Mr. McCarthy) won a $1,844,400 jury verdict after a two week trial on behalf of an 86 year old resident of San Mateo County who was injured i ... n a nursing home. The jury also made a finding of clear and convincing evidence of recklessness, oppression, fraud or malice for an additional award of attorneys’ fees and punitive damages. Ms. Gogol was recovering from a hip replacement at defendant’s nursing home when she was dropped, breaking her recently replaced hip. She was placed back in bed without the injury being reported. Due to her cognitive impairment she had no memory of how her injury occurred. She received treatment only after a family member discovered her injuries. The case settled before the punitive damage phase of the trial.
OUTCOME: Settled during jury selection
San Mateo County Superior Court CPM filed an elder abuse case against ResCare on behalf of a victim who suffered second and third degree burns when she was put in a shower for 20 minutes with scalding ... , 130 to 135-degree temperature water. The suit also seeks punitive damages and funding for future care. The case settled in 2008. Handled by Mr. McCarthy and Ms. Murphy
OUTCOME: Jury Verdict
Ms. Murphy, along with Justin T. Berger of Cotchett, Pitre & McCarthy LLP, obtained a jury verdict against a credit card collection agency following a two week trial in January 2008. The jury found for ... the plaintiff both on her intentional infliction of emotional distress and California Fair Debt Collection Practices Act claims, resulting in both a compensatory and punitive damages award. On appeal, several important issues of first impression were decided in the Plaintiff’s favor, as reflected in the published decision: Komarova v. National Credit Acceptance, Inc., 175 Cal. App. 4th 324 (Cal. App. 1st Dist. 2009).
OUTCOME: Stay granted; sale was terminated by in-coming Governor Brown
CPM (Ms. Murphy and Mr. Cotchett) represented taxpayers against the Schwarzenegger Administration to stop the sale of California’s public buildings, which would have cost California’s taxpayers billion ... s of dollars. CPM was successful in obtaining an emergency temporary stay of the sale from the Court of Appeal. While the stay was in place Governor Brown took office and cancel the sale.
OUTCOME: Jury verdict in favor of client
San Mateo Superior Court CPM (Mr. McCarthy and Ms. Murphy) represented a family in a dispute about the estate of long time San Francisco resident Rudolph R. Cook. CPM alleged that the defendant Cyrus ... LaFarre, a neighbor of Mr. Cook’s, had duped Mr. Cook into amending his estate plan and giving his money to Mr. LaFarre. After Mr. Cook passed away, the family learned that Mr. LaFarre claimed that he had been left the majority of Mr. Cook’s estate and had been named as the trustee of Mr. Cook’s trust. The amendment to Mr. Cook’s long time estate plan purported to give most of Mr. Cook’s $2M estate to the defendant. The jury unanimously determined that Mr. LaFarre had committed financial elder abuse and breach of fiduciary duty.
OUTCOME: On-going
USDC, Northern District of California CPM is pursuing a class action and creditor derivative case on behalf of the 500 residents of the Vi-Palo Alto, a Continuing Care Retirement Community (CCRC). Am ... ong CPM’s clients (the proposed class representatives) are a retired Nobel Prize winner, doctor, World War II journalist and a unique collection of accomplished South Bay senior citizens. The facility is located on Stanford land. The lawsuit is believed to the first of its kind in the Bay Area challenging a CCRC’s financial practices. The complaint alleges that $190 million dollars was “up-streamed” from the Palo Alto facility to its corporate parent in Chicago, thus leaving the senior citizen residents financially vulnerable. Those funds were to be returned to the senior citizens when they moved out, or returned to their families when they passed away. The complaint alleges that the Chicago company has refused to return the money to Palo Alto.