OUTCOME: Brown & Charbonneau, LLP obtained a favorable jury verdict in the amount of $5,909,554 in damages
After 3 years of litigation, Brown & Charbonneau, LLP obtained a favorable jury verdict in the amount of $5,909,554 in damages. The jury also elected to award punitive damages, and there is a punitive ...damages trial set for early January 2024.
This case involved a conversion action arising out the theft of funds from a chemical company in Buena Park, CA. From the end of 2011 to the beginning of 2020, the company’s bookkeeper funneled several million dollars from the company to himself and shell entities under his control. The defendants initially countersued, arguing that the funds were transferred pursuant to oral licensing agreements between the Plaintiff and the defendants. Those claims were thrown out prior to trial, and the case proceeded to trial on the Plaintiffs conversion/related claims.
Real estate
Enright v Peykoff
Sep 22, 2015
OUTCOME: Defendant won - entitled to all attorneys fees
Brown & Charbonneau, LLP business attorney Gregory G. Brown represented a seller of multi-million dollar Orange County real estate. The broker sued Mr. Brown’s client for a six-figure commission after... the client fired the broker, hired another broker and sold the property. Mr. Brown prevailed in the case by proving that the broker, although contractually entitled to a commission, breached his fiduciary duties to his client and thereby forfeited his commission. He also committed constructive fraud against the client. Since the real estate contract contained an attorney fee provision, Mr. Brown’s client is entitled to recover all of her attorneys’ fees and costs incurred in defending the case.
Business
$2,930,000 Jury Verdict in Business Fraud Case
Mar 17, 2015
OUTCOME: $2,930,000 Jury Verdict for Fraud and Breach of Contract
Represented buyer of an Orange County business. Seller provided false financial records and concealed historical business losses. Jury awarded $1,650,000 in decreased value of business, money investe...d into the business, lost profits before trial and future lost profits. After a two day punitive damage phase, the jury awarded a total of $1,280,000 in punitive damages against the four defendants. Client will also be entitled to attorneys fees and costs in the approximate amount of $250,000.
Business
Business Dispute - Traxel v BTB, Chapin
Feb 07, 2014
OUTCOME: B&C client wins
Multi-million dollar Shareholder dispute over stock ownership of company and validity of prior settlement agreement resolving prior lawsuit. B&C represented shareholder and current President of event p...roduction company. Claims included fraud, elder abuse, false imprisonment, conversion, injunction.
Entertainment
Celebrity Stalking - Rossi v. Photoglou
Oct 24, 2012
OUTCOME: $523,250 Award & Punitives
B&C client Actress Gretchen Rossi prevailed in her 3½-year legal battle with Jay Photoglou. An Orange County jury awarded Rossi $523,250 on her stalking, intentional infliction of emotional distress, i...nterference with contract and assault lawsuit. The jury also found against Jay Photoglou on all of his claims against Ms. Rossi, including his defamation claims. The jury also found Photoglou liable for “malice, oppression, and fraud,” and assessed rare “punitive damages” to punish him for his intentional conduct designed to harm Rossi.
During the punitive damage phase of the trial, which is designed to determine the wrongdoers net worth (to determine amount of punitive damages), Photoglou’s June 28, 2012 Bankruptcy Filing took center stage, according to the transcripts. Notable was the $334,000 owed to the IRS and other Governmental Entities. The total debts listed in the Bankruptcy filings (used to limit the amount of punitive damages) amounted to $902,299.80, according to the trial exhibit. The total assets listed were $25,256. Of note is the fact that Photoglou claimed he had $23,250 of photos of Rossi (this amount listed as exempt from creditors and also the amount the jury found in punitive damages against Photoglou, according to the jury verdict). On the stand, Photoglou claimed he had nothing, according to trial transcripts. His homes, boat, vehicles were all gone, according to his testimony.
Business
Shareholder Dispute - Mehr v. SGRL Investments, Inc.
7 figure shareholder/partnership dispute over running of business, dividends, fiduciary duties. We represented the corporation, which included derivative claims.
Business
Defense Judgment in a Shareholder Dispute
Sep 24, 2012
OUTCOME: Defense Judgment
Gregory G. Brown received a defense judgment after a nine-day bench trial in a shareholder dispute. The Plaintiff, a 15% shareholder, alleged breach of fiduciary duty, breach of contract, and fraud. P...laintiff alleged the officers of the corporation had breached their fiduciary duties by mismanaging the business and misappropriating corporate assets. Prior to trial, defendants submitted "998 offers" for a total of $270,000, which were not accepted. Plaintiff claimed, at one point, close to a million dollars in damages.
Business
Breach of Contract - More than 100% recovered on client's behalf
Jul 26, 2012
OUTCOME: Six-Figure Award. 100% of the amount, plus interest, and all attorneys fees and costs
Trial lawyer, Gregory G. Brown, recently obtained a $514,000 award in a business litigation matter involving a multi-state Construction Co. The case involved a breach of contract claim by the Brown & ...Charbonneau, LLP client, who was owed hundreds of thousands of dollars. The Defendant asserted the he was an owner in the company and, based upon an oral agreement, the money owed should have been offset by ownership distributions over a two-year period. The defendant also claimed that he should have 50% of the corporation's stock delivered to him. These arguments failed and the client obtained 100% of the amount, plus interest and all attorneys fees and costs! This case was one of a few cases being litigated in California and Louisiana by the parties.
Business
Win in Year Long Business/Family Law Trial
May 11, 2011
OUTCOME: Client was prevailing party in trial
Complex litigation began January 2010 and concluded December 2011 (trial occurred "episodically" per trial judge. Brown's client prevailed on every on of the 12 - 15 trial issues. Issues included bu...siness valuation, cash flow analysis, employability, appropriate business deductions, financial analysis, asset valuations, expert witnesses, custody, support, forensic accounting
Employment and labor
Irvine Lawyer Obtains Six Figure Confidential Settlement in Wrongful Term. & Sexual Harassment Claim against Celebrity
Mar 07, 2011
OUTCOME: Confidential Six Figure Cash Settlement
Irvine, California
Irvine trial lawyer Gregory G. Brown obtained a confidential six figure settlement in a case against a world famous Olympian and performer. The employee was terminated on Decembe...r 7, 2010 and alleged wrongful termination and other wrongful acts in connection with her employment. The high profile Defendants avoided a contentious and public legal battle in Orange County Superior Court by agreeing to settle the case against them just hours before suit was to be filed. The settlement was reached without filing legal action.
The claimant was employed by the Defendants’ companies for over fourteen years. She was alleged to have been instrumental in developing the businesses into the highly successful enterprises they are today. She had worked 60 - 70 hours per week and was required to travel, often times with her immediate supervisor. The employee claimed that, for more than a decade, she received favorable reviews and raises. While employed, claimant and her immediate supervisor became engaged in a romantic relationship. This issue was never in dispute. Within the first few months, the employee claimed that she tried to break off the relationship, only to be told that she could no longer work at the company if the relationship ended. This is known as “quid pro quo sexual harassment.” It was also alleged that many other efforts to end the relationship occurred, all with the same response.
In October 2010, the relationship was ended. The employee claimed that she was then subject to a hostile work environment. There would be days where there would be no problems at work. On other days, however, the claimant's supervisor would ridicule her in public, wrongfully criticize her or make inappropriate advances. In one text message, constituting an almost unheard of admission in this area of the law, the supervisor said:
"You’ve been exploited by men all your life and now you can add me to that list. Inappropriate advances will now cease."
The settlement was more than three (3) times the amount the terminated employee had originally requested as severance, which was approximately one year's salary. Defendants had offered six (6) month's salary as a severance and would not negotiate from their first and only offer to claimant while she negotiated with them directly. Upon termination, claimant was presented with a "Severance Agreement" and was advised in writing to seek legal counsel. Claimant hired Gregory G. Brown, a Certified Trial Specialist and partner in the Irvine litigation firm of Brown & Charbonneau, LLP. When Mr. Brown became involved, however, the individual Defendants became combative and began an email and text campaign to discredit the claimant.
Rather than file suit immediately, Mr. Brown made efforts to resolve the case without litigation. The initial settlement demand letter outlined claims for wrongful termination in violation of public policy, breach of contract, sexual harassment, retaliation, hostile work environment, disparate treatment and other employment claims. A "Right to Sue" letter was obtained by the California Department of Fair Employment & Housing. At the suggestion of defense counsel, a professional mediator was hired and multiple mediation sessions took place over a three (3) week period. One mediation session went until 1:00 a.m. at the mediator's office in Orange County. Ultimately, the meditation stalled and litigation appeared imminent. The lawyers, however, pressed on and negotiated over weekends and, at times, late into the night.
By agreement, the terms of the settlement are confidential. If either party reveals the amount, a five (5) figure liquidated damages clause kicks in and will be assessed against the violating party.
