Attorney Kelly Dolores Van Aken's Legal Cases

Personal injury

Family of Tenants v. Landlord

Nov 01, 2015

OUTCOME: Negotiated Resolution

Represented two parents and their minor children in an affirmative lawsuit against their former landlord after they were constructively evicted from their Fremont apartment and sustained personal injur ... ies due to the unsafe and unsanitary living conditions they endured while living at the premises. The significant substandard living conditions – which included exposure to raw sewage, toxic mold, mites, electrical hazards, and tripping hazards – resulted in physical injuries to two of the children. Although the tenants complained and the landlord had been cited by the City's Building Inspection Department, the landlord responded by retaliating against the family, threatening them to vacate. After I aggressively litigated the case, defendants requested an early mediation. I was able to negotiate a favorable resolution for my clients, which included a $90,000 settlement.

Landlord or tenant

Tenants v. Landlord: Horrific Living Conditions

Jan 20, 2015

OUTCOME: Negotiated Resolution

We represented multiple tenants in an affirmative lawsuit against their landlord for the horrific living conditions they endured while living at the premises. In addition to the almost daily harassmen ... t they dealt with from their landlord and his family, the tenants dealt with significant substandard living conditions for which the landlord had been cited by the City's Department of Building Inspection almost a dozen times. We were able to negotiate a favorable resolution for our clients, which included a sizable six figure settlement, despite the significant coverage issues that were at play.

Landlord or tenant

Eviction Defense: Judgment in Favor of Client

Jan 14, 2015

OUTCOME: Judgment entered in client's favor

Client was a 10-year tenant in a rent-controlled apartment unit. Landlord sought to evict tenant on the basis that she had been a nuisance to other tenants in her building. We filed a motion for judg ... ment on the pleadings on the basis that the Complaint was defective because it relied on a defective Notice of Termination of Tenancy. The trial judge agreed and entered judgment in favor of our client.

Landlord or tenant

Eviction Defense

Jul 30, 2014

OUTCOME: Dismissal

Successfully defended tenant against unlawful detainer (eviction) proceeding. Eviction was based on allegations that tenant had been smoking in the unit in violation of his lease agreement. After mou ... nting an aggressive defense, plaintiff's counsel reached out to negotiate a dismissal. Case was dismissed and client was permitted to remain in his unit.

Discrimination

Plaintiff v. Property Manager

May 14, 2014

OUTCOME: Negotiated Resolution

Represented our client in a matter against his property manager for unlawful housing discrimination. Client was disabled and was prescribed a certified support dog to assist with his disability. Prop ... erty Manager refused client's reasonable accommodation request. After educating the Property Manager on the applicable law, the reasonable accommodation was granted and client was permitted to keep his support dog at the premises.

Landlord or tenant

Landlord v. Long Term Tenant

May 01, 2014

OUTCOME: Negotiated Resolution

Represented a long term tenant who lived in a rent-controlled San Francisco apartment for 15+ years. After a new owner purchased the property, the parties ran into conflict and the owner filed an unla ... wful detainer complaint. Our firm filed a Complaint against the owner for claims arising from the owner's wrongful conduct. Our firm was able to reach a favorable resolution for our client, including a favorable monetary award for our client, to settle and dismiss both cases.

Landlord or tenant

Family v. Former Landlord

Apr 17, 2014

OUTCOME: Negotiated Resolution

Represented mother and her three children against their former landlord for significant habitability issues, including, but not limited to, raw sewage flooding the entire unit. Negotiated a favorable ... resolution for our clients following mediation.

Litigation

Plaintiff v. Major Automobile Manufacturer

Jul 15, 2013

OUTCOME: Summary Judgment

This case arose out of a single vehicle accident that occurred on a highway. A passenger sustained fatal injuries when she was ejected from a modified van, which was originally manufactured by our cli ... ent. Plaintiff brought a wrongful death action as the surviving son of the ejected decedent. Plaintiff alleged product liability causes of action against our client based on the theory that the van was defective because it failed to maintain vertical stability and failed to provide occupant protection. During the course of discovery, it was revealed that the subject van had been substantially modified since the time of its initial manufacture and distribution. Although the van was originally manufactured as a cargo van – specifically, a “bread van” – not a passenger van, aftermarket seats and seat belt restraint systems were installed. As a result of these aftermarket modifications, the subject van was not in the same condition at the time of the subject accident as it was when it left our client’s possession. Thus the seating and restraint assembly did not have the benefit of our client’s engineering, design, testing and analysis of how it would perform with passengers in it or how it would perform in a crash sequence such as that in this case. We therefore filed a motion for summary judgment on the grounds that there were no triable issues of material fact with respect to the claims against our client. Our summary judgment motion was granted and our client dismissed.

Litigation

Plaintiff v. Prominent Napa Valley Winery

May 01, 2013

OUTCOME: Negotiated Resolution

Our team achieved a favorable resolution for a winery in Napa County Superior Court. Our client was sued by the plaintiff after he fell on a cobblestone ramp. The plaintiff had numerous pre-existing h ... ealth problems, and his lawyer employed an "eggshell plaintiff" approach to the case. The plaintiff asserted special damages of $500,000, and lost future wages and pain and suffering, demanding $1,200,000 for premises liability and negligence. We mounted an aggressive defense of the case, attacking plaintiff's liability and damages arguments. Faced with a relentless and multipronged attack heading into mediation, the plaintiff finally conceded the weakness of his case. Settlement was achieved on very good terms for our client.

Securities and investment fraud

Retired Telecommunications Workers v. Broker-Dealer

Jan 18, 2013

OUTCOME: Win - Full Defense Judgment

Sedgwick completed a two-week FINRA arbitration for our client, a broker-dealer, involving six claimants, retired telecommunications workers who took early retirement offers from their employer. The c ... laimants alleged that the registered representative associated with our client gave them inappropriate advice to take the early retirement offer and lump sum, and then gave faulty advice about how to invest those funds by recommending an unsuitable security. They sought more than $4.5 million for decreased value in their investment, lost wages, lost pension benefits, reduced social security benefits, as well as attorneys’ fees. Sedgwick argued several key points, including that the claims lacked merit as the retirement packages were very attractive, as was the lump sum payment option; that the securities the claimants purchased were suitable in that they matched the claimants’ investment objectives and risk tolerance; and that the claims were time-barred. In a summary decision, the panel denied the claims in their entirety.

Kelly Dolores Van Aken's Legal Cases (19)

Family of Tenants v. Landlord

Tenants v. Landlord: Horrific Living Conditions

Eviction Defense: Judgment in Favor of Client

Eviction Defense

Plaintiff v. Property Manager

Landlord v. Long Term Tenant

Family v. Former Landlord

Plaintiff v. Major Automobile Manufacturer

Plaintiff v. Prominent Napa Valley Winery

Retired Telecommunications Workers v. Broker-Dealer