Temecula, CA
Litigation Lawyer at Temecula, CA
Practice Areas: Litigation, Constitutional, Business
OUTCOME: Reversal
Case involving revocation of staff privileges at hospital. Case involved physician accused of ending life of patient and dispute concerning toxicology reports. Writ of mandamus was issued by Superior ... Court of San Bernardino twice before and ended up before California Court of Appeal after administrative proceedings on remand and denial of writ by Judge Brisco.
OUTCOME: $200,000.00 Settlement
This case involves the alleged mistreatment of a homeless man by a number of bus drivers. Onboard video was used to show the extent of the alleged civil rights violations. Jury originally found 12/0 ... on liability but hung on damages. Case was settled.
OUTCOME: Dismissed on Trial Date
Landlord attempted to evict client who was operating a lawful medical marijuana dispensary. Client answered by claiming that patient rights were being interfered with and that other constitutional rig ... hts were being threatened by landlord's retaliatory eviction. City of Lake Forest was allegedly pressuring landlord to break valid leases to collectives in a commercial building and landlord felt like he had no choice but to claim that lease covenants were allegedly being broken because of federal law violations by tenant. Defendants claimed that they had a lawful right to operate the collective and were in compliance with all applicable state law, both common and statutory. Case was voluntarily dismissed by landlord on the day of trial. Defendants were seeking attorneys' fees, finding of retaliatory eviction, and finding of Unruh violation by discrimination against the medical status of the collective's operators and patients.
OUTCOME: Removal of executor (Affirmed in full on Appeal)
Case had been in litigation for more than 6 years before taking over case. Prior attorneys had not succeeded in removing executor in case involving over 400 parcels of real property, a large collection ... of art, and other valuables. Following two week trial before Judge Harold Bradford (on assignment), executor was removed and findings as to all material allegations of petition were made and set forth in a written statement of decision. Case was appealed by the executor. Tentative decision of the California Court of Appeal was in favor of our client. Matter was argued before by counsel the Honorable Justices McKinster, Hollenhorst, and Richli on 6/3/9. Affirmed in full. http://www.courtinfo.ca.gov/opinions/nonpub/E043940.PDF
OUTCOME: Settled - $5,000.00
Malicious prosecution case with prior interlocutory appeals decided against client. 998 settlement offer was for $100k, $35k offered at trial, settled for $5k after announcing ready for trial and fili ... ng of motion in limine for exclusion of most evidence due to discovery dispute. Judge Murphy assisted in resolution of case (Department Y - Norwalk).
OUTCOME: Partial Judgment on 631.8 Motion and Defensed
This case went to trial in May of 2009 before the Honorable Dallas Holmes (Ret.) of the Riverside County Superior Court. Two 1/2 days of testimony were put on by the parties in this real estate contr ... act dispute. After Plaintiff rested, Defendant moved for immediate judgment on the fraud cause of action filed by Plaintiff and the motion was granted pursuant to CCP Section 631.8(b). Defense case as to Plaintiff's request for specific performance on contract and cross-complaint to proceed after ruling. Case defensed and ownership adjudged in favor of client.
OUTCOME: Settled - $10,000.00 (Plaintiff Recovery)
Business sale dispute. Client sold business to Defendant and breach of payment terms was alleged to have occurred. Defendant claimed that business was not as represented as to client list, revenues, ... and other terms. Client had filed UCC-1, transaction was handled through escrow, and about $16,000.00 was owed by Defendants to Plaintiff. Defendant cross-claimed for $50,000 plus. Settlement was put on record and jurisdiction retained per CCP 664.6.
OUTCOME: Settled Case for $1,000,000.00 After Case-In-Chief
Family law case involving business valuation and disposition of business assets. Original case was filed in 2006 and taken to trial in late February 2009. This was a non-jury trial before Judge Ellsw ... orth of the Riverside County Superior Court. Several witnesses we put on the stand, including the Petitioner, third party witnesses, and the Evidence Code Section 730 expert. This case was tried for several days, including expert testimony, and was settled by the parties during trial. Issues included expert qualification and testimony on cashflow, valuation, and ownership. Judge Ellsworth placed significantly lower value on assets than settlement value and did not agree with Respondent on the disposition of several other assets subject to disposition by the Court. Expert for our Respondent-client was Kathy Fix, CPA. The other side put on a vigorous defense and came out ahead on certain issues in the trial. All opposing attorneys were consummate professionals during the process, including settlement negotiations following the first portion of trial.
OUTCOME: Settled.
Dogbite case with alleged prior history of incidences. Minor allegedly sustained serious dogbite with need for restorative surgery.
OUTCOME: Settled - $5,000.00
Plaintiff demanded more than $50,000.00. Case settled before Judge Rich for $5,000.00. Case related to alleged defamation, interference with alleged contractual relationships, and unfair business pra ... ctices. Nonbinding arbitration award was for less than $5000.00. Defense alleges costs of defense would have far exceeded settlement value.
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