Fuller v. Moreland, Case No. VG09464185 (Cal. Super. Ct., Alameda County 2009)
Oct 15, 2009
OUTCOME: $0 Dismissal of Entire Action
In this case a client accused his former accountant of conducting a ponzi scheme. After conducting discovery, we were able to negotiate a $0 dismissal of all causes of action against our clients.
Litigation
Chin v. Buyers & Sellers Preferred Realty, Inc., Case No. CIV 477516 (Cal. Super. Ct. 2009)
Sep 28, 2009
OUTCOME: Law & Motion Win
In this case Plaintiffs sued our client, a real estate agent, claiming that as a result of malpractice, the agent had caused a real estate deal to fall through. We defended the agent, took discovery a...nd moved for summary judgment. We prevailed on that motion, dismissing the case in full. Our client recovered his costs.
Appeals
Cal.-Nev. Annual Conference of United Methodist Church v. San Francisco, 2009 WL 1396407 (Cal. Ct. App. May 20, 2009)
May 20, 2009
OUTCOME: Trial court win; Court of appeals win
The City of San Francisco designated a Church on Clay and Larkin Streets a landmark. The Methodist Church properly objected to the landmarking designation, which, under the provisions of special Calif...ornia statute meant that the City lost its right to landmark that property. The City disagreed and continued the landmark process. We sued under authority of writ, arguing that landmarking the Church was beyond the City's jurisdiction. The trial court agreed, issuing the writ to stop the City. The City apealled and the court of appeal affirmed 3-0, killing the City's authority to landmark.
Appeals
Schuler v. Schuler, Case Nos. A119125 & A119472, 2008 WL 4968003 (Cal. Ct. App. Nov. 24, 2008)
Nov 24, 2008
OUTCOME: Law & Motion and Appellate Court win
This is a 25 year old case wherein a daughter took and kept title to her mother's house, without her mother's consent. The mother, our client, sued and won right to title of her house, but daughter ap...pealed arguing that due to a technical issue, the judgment, issued in 1982, was never "officially" entered. We took over the case in 2007 and argued under a special motion known as nunc pro tunc, that the old 1982 judgment should be entered retroactively so as to restore the mother's right to her Oakland property. The trial judge and eventually, in a unanimous ruling, the court of appeal agreed.
Appeals
Levy v. Seiberlich, Case No. A120212, 2008 WL 4726456 (Cal. Ct. App. Oct. 29, 2008)
Oct 29, 2008
OUTCOME: Arbitration, Law and Motion & Appellate Court Win
One professional sold his practice to another but the deal fell apart. The parties first tried mediation but that failed too. The matter was finally resolved in arbitration but the opposition, still ...unsatisfied, removed the controversy to the California Superior Court. In response we successfully moved the Court to enter the arbitration award as a final judgment. The opposition appealed. We prevailed, yet again on appeal by arguing that the arbitration award was final and binding and that the arbitrator violated no law in coming to his final decision.
Real estate
Thomson v. Harris, Case No. 453838 (Cal. Super. Ct., June 20, 2008)
Jun 20, 2008
OUTCOME: Trial Court Win
The Plaintiff sued our client, the Defendant, for fraud, conversion, and other related torts involving a residential real estate transaction. The matter when to a bench trial where the Court determine...d that Defendant was not guilty of any wrong doing. Instead of being awarded any money, the Court ordered the Plaintiff to pay our client's attorney's fees. Plaintiff did not appeal the judgment.
Litigation
Levi-Sanchez v. Excelsior Construction Co., Case No. CGC-04-437454 (Cal. Super. Ct. dismissed June 6, 2008)
Jun 06, 2008
OUTCOME: Law and Motion Win + Dismissal
The Plaintiff sued our client, an architect, for allegedly drawing up bad architectural plans for the Plaintiff’s house. We moved to dismiss the case and Law and Motion Judge Ronald Quidachay grante...d our motion. We thought that was the end of the case until another party in the action, a fellow Defendant, cross-complained against us and brought us back in. Soon thereafter, we participated in a mediation which was ultimately successful in settling the case and dismissing the suit. All parties paid some settlement monies to Plaintiffs, except for our client who was released from the action for a payment of $0.
Appeals
Smith v. Hatter, Case No. A115520, 2007 WL 2730149 (Cal. Ct. App., Sept. 20, 2007)
Sep 20, 2007
OUTCOME: Law and Motion & Appellate Court Win
This is a case brought in the San Francisco Superior Court in which we defended a professional accountant, from charges of breach of fiduciary duty, breach of contract and related claims. We prevailed... at the trial court level before law and motion judge Ronald Quidachay, and later before a three judge panel at the California Court of Appeals.
Litigation
Carcione v. Pimentel, Case No. CIV 456406 (Cal. Super. Ct. dismissed Apr. 30, 2007)
Apr 30, 2007
OUTCOME: Dismissal + Payment of Costs
Plaintiffs sued our client, an accounting firm, claiming that we had made an error in accounting which caused the Plaintiffs to accidentally overpay its taxes. After taking discovery we determined tha...t it was Plaintiffs’ own accountants, not our client, who made the error. Shortly thereafter Plaintiffs dismissed the entire action against our clients. Since our clients were the “prevailing party†the Plaintiffs were then required to pay our client’s costs which—after we beat back their motion to tax costs—they eventually did.
Appeals
Reichek v. Stachenfeld, Case Nos. A107901, A110873, 2006 WL 3456381 (Cal. Ct. App., Nov. 30, 2006)
Nov 30, 2006
OUTCOME: Court of Appeals Win
A litigation support company dissolved and our client was appointed as the receiver to wind down the company. One of the parties sued the receiver claiming breach of fiduciary duty, conflict of interes...t, and related claims. We prevailed before the court of appeal proving that the receiver had acted appropriately and competently at all times.