Costa Mesa, CA
Real estate Lawyer at Costa Mesa, CA
Practice Areas: Real Estate, Business ... +2 more
OUTCOME: Gained dismissal prior to first court hearing
James represented a broker in an action brought by two borrowers alleging fraud in a loan transaction. James immediately filed a "demurrer," challenging the validity of the plaintiffs' claims on the f ... ace of the complaint. Prior to the hearing date on the demurrer, the plaintiffs dismissed the entire action, recovering nothing.
OUTCOME: Won arbitration award against contractor
James represented a homeowner who gave a substantial deposit to a contractor as a down payment on a home remodeling project. The relationship between the contractor and the homeowner soured and the ho ... meowner terminated the contractor. The contractor refused to return any portion of the owner's deposit. James represented the owner in an arbitration through the CSLB (Contractors State License Board). He won the return of his client's unearned deposit paid to the contractor.
OUTCOME: Ended longstanding dispute by gaining homeowner's compliance with association's architectural requirements
A homeowners association and an owner were locked in a lenghty dispute over the owner's unapproved addition to her condominium. All efforts to settle informally without counsel failed. James filed a ... lawsuit on behalf of the association and succeeded in resolving the case during a court-supervised conference. The homeowner agreed to remove and replace the unapproved addition at her expense, finally solving the problem for the association.
OUTCOME: Obtained judgment of dismissal prior to trial
James represented a residential mortgage broker who was sued by a borrower years after her loan closed. Prior to trial, James filed papers challenging the plaintiff's case on the grounds that she wait ... ed too long to sue and could not state a viable claim. The trial court granted the motion and entered judgment in favor of James' client.
OUTCOME: Achieved favorable settlement on eve of trial
A buyer of a commercial property was prevented from closing escrow because the seller backed out of the deal at the last minute. This caused the failure of the buyer's "tax deferred exchange" under IR ... C 1031, creating a large tax obligation that could have otherwise been avoided. James represented the buyer in a lawsuit against the seller to recover damages. James achieved a favorable settlement just prior to making opening statements at trial.
OUTCOME: Won jury verdict for $227,000
James served as co-counsel for the plaintiffs, two models whose images were used without consent in an outdoor ad campaign by an Italian restaurant chain. Plaintiffs sued for trademark violation and c ... ommercial misappropriation. The case was featured in the Los Angeles Business Journal ("Models Serve Up Suit to Restaurant Chain"). Following a trial in Los Angeles County Superior Court, the jury returned a verdict for $227,000 in favor of James' clients.
OUTCOME: Obtained arbitration award requiring return of buyer's deposit
In this case, the buyer could not close escrow on the purchase of an income property in Palm Springs because of financing difficulties. The buyer requested the return of his deposit but the seller ref ... used to release it. The buyer, represented by James, demanded arbitration pursuant to contract. After a one-day hearing, the buyer prevailed. The seller, a limited liability company, then sought to avoid paying the attorneys' fee award by claiming it had no assets. James successfully petitioned the superior court to add the managing member of the company as a joint debtor on the award, and ultimately collected the money owed.
OUTCOME: Obtained arbitration award compelling release of buyer's deposit to seller
This case involved a dispute between a buyer and seller of commercial property in Barstow. James represented the seller. The buyer claimed he had a right to cancel the transaction, and get his deposi ... t back, because the property lacked street frontage as advertised in the "MLS." James first brought a successful motion in superior court to compel the buyer to arbitrate. James then arbitrated the case through IVAMS (Inland Valley Arbitration & Mediation Services), arguing that the buyer should be charged with knowledge of the building's true frontage because of disclosures provided in escrow. James' client prevailed. The arbitrator awarded the seller damages and attorneys' fees, which the seller collected in full from the buyer's deposit.
OUTCOME: Obtained bank's dismissal of lawsuit against borrower
Following a short sale, Regions Bank sued a former homeowner, attempting to collect the unpaid mortgage balance. James and the firm's legal team determined that the lawsuit violated recently enacted b ... orrower protection laws. James demanded that the bank dismiss the action. The bank complied and filed a dismissal, collecting nothing from the borrower.
OUTCOME: Prevailed at trial against group of homeowners
James represented a Huntington Beach homeowners association in a lawsuit filed by a group of homeowners. The plaintiffs claimed that the association breached the CC&Rs by failing to maintain and repai ... r a group of boat docks. Following trial in Orange County Superior Court, the court found in favor of James' client and against the owners. Judgment, including an award of attorneys' fees, was entered in favor of the association. The plaintiffs paid the award and apologized to the association for bringing the lawsuit.
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