Attorney John Toby Schreiber's Legal Cases

Appeals

In re Marriage of Buda (Bailey) and Bailey, First District Court of Appeal, Div. 3, unpublished, Case No. A136564

Nov 18, 2014

OUTCOME: Obtained reversal of client's cross-appeal of judgment denying Epstein and other reimbursements. Obtained affirmance of ex-husband's appeal .

Obtained reversal of judgment denying Epstein reimbursements and other reimbursements under the parties’ premarital agreement. The trial court failed to consider the principles underlying Epstein clai ... ms and the requirement for equal division of the community estate under Family Code § 2550 when my client presented the trial court with alternative means for doing so. Obtained affirmance of ex-husband’s cross-appeal seeking community interests in: the parties’ family residence; my client’s commercial property purchased via a § 1031 exchange with her separate property interest in commercial real estate, whether or not based on the parties’ premarital agreement; and the proceeds of my client’s personal injury settlement, not including lost wages.

Appeals

Kazenercom Too, et al. v. Turan Petroleum, et al. (2011)

Dec 27, 2011

OUTCOME: Reversal of FRCP 12(b)(6), 12(e) dismissals

Ninth Circuit Court of Appeals, Case Nos. 09-56329, 10-55458, Memorandum Decision filed December 27, 2011: Obtained reversal of District Court judgment of dismissal for clients under FRCP 12(e), 12(b) ... (6) of claims for relief under RICO and federal securities fraud, with supplemental state law claims. My clients had been defrauded of their interests in an oil and natural gas concession overseas.

Appeals

Mitchell v. Superior Court, First District Court of Appeal, Div. 3, Case No. A130238

Jan 06, 2011

OUTCOME: Order denying Petition for Writ of Mandate, Prohibition

Order denying Petition for Writ of Mandate, Prohibition filed January 6, 2011. Represented Real Party in Interest in domestic violence/child custody matter.

Appeals

Vanderkous v. Conley (2010) 188 Cal.App.4th 111

Sep 02, 2010

OUTCOME: Affirmed on appeal.

Obtained a result upholding $214,000 for my client in a real estate/equity case in which the other party sued to quiet title and for declaratory relief over property in which the trial court found my c ... lient held an equitable interest and required the other side to pay her for her interest in that property. The other party tried to dismiss the case after trial and the trial court entered a statement of decision but while a hearing on the amount of the property was still pending but the appellate court held that the dismissal came too late and that since the other side sought equitable relief the court had the authority to order compensation for her equitable interest in the property even though she did not file a cross-complaint.

Appeals

Padda v. Hamedi-Fard, et al., First District Court of Appeal, Div. 3, Case No. A113703

Dec 27, 2007

OUTCOME: Affirmed judgment in client's favor

Obtained affirmance of judgment awarding damages and attorneys' fees to owner of service station for breaching contractual and tortious duties in installing new underground storage tanks.

Appeals

Gotelli v. Latteri, First District Court of Appeal Case No. A108378

Oct 12, 2006

OUTCOME: Affirmed judgment in my client's favor on appeal and reversed judgment in my client's favor on cross-appeal

Obtained reversal of judgment on cross-appeal of judgment denying award of child support arrearages on grounds that release of mother's child support claims by mother's agent did not waive the mother's ... child support claims where father failed to detrimentally rely on release and affirmance of appeal of judgment holding that father failed to pay child support arrearages and that litigation privilege applied to recording of child support judgment lien.

Appeals

Azizian, et al. v. Cearley, et al.

Apr 19, 2006

OUTCOME: Reversal of jury verdict awarding damages.

Obtained a reversal of a jury verdict for compensatory and punitive damages that followed a thirteen (13) day trial involving a dispute arising out of a contract for the sale of commercial real estate. ... The appellate court reversed the judgment based on violation of the parol evidence rule and also held that respondents' recovery of damages for lost wages was improper.

Appeals

Brossoit v. Brossoit, 31 Cal.App.4th 361

Jan 05, 1995

OUTCOME: Reversal of order declining custody jurisdiction

The 1st District Court of Appeal reversed a trial court order declining California's jurisdiction under the Uniform Child Custody Jurisdiction Act (California Family Code § 3400-3425) as an abuse of di ... scretion. I represented the mother on appeal. She sought to modify child custody to gain primary physical custody over her two young sons from her ex-husband, who was in and out of jail, and unemployed. A few days after my client sought to modify custody, the children?s paternal grandmother, who had been looking after the children for the father (but who did not have a court order giving her custody), moved with the children to Tennessee. After my client finally located her ex-husband to serve him with her Order to Show Cause to Modify Custody, the grandmother filed a guardianship petition in Tennessee that did not reveal the existence of the pending California case. The trial court in California held a jurisdiction hearing. While that hearing was pending, Tennessee granted the guardianship petition. The trial court in California, Family Law Commissioner Josanna Berkow presiding, declined jurisdiction even though California still had jurisdiction over the matter and Tennessee did not. The 1st District held that California could only decline jurisdiction if another state already had jurisdiction at the time and Tennessee did not. California?s continuing jurisdiction was exclusive and all of the contacts with Tennessee took place after the grandmother?s unilateral removal of the children to Tennessee. To find that Tennessee had jurisdiction in this case would have encouraged the unilateral moving of children from one state to another, the type of conduct the UCCJA sought to deter. The trial court also abused its discretion by failing to assess all the factors listed in Family Code Â§ 3407(c).

Appeals

Shapell Industries v. Governing Board of Milpitas Unified School District, 1 Cal.App.4th 218

Nov 22, 1991

OUTCOME: Reversed trial court judgment

This case involved a challenge by Shapell to school facilities fee ordinances enacted by Milpitas' school district as allowed by Government Code §§ 53080, 65995 and the amount of refund due, if any, un ... der Government Code § 66020. Shapell won at trial in Santa Clara County Superior Court in 1989 on the grounds that both the residential and commercial/industrial fee ordinances were entirely invalid, based on flaws in the analysis of the district's fee justification study. The trial court also held that the refund statute entitled them to recover all of the fees paid. The 6th District Court of Appeal reversed the judgment, upheld 90% of the residential fees and all of the commercial/industrial fees imposed. The Court found flaws in the district's fee justification study, but also held the study contained sufficient evidence to justify imposing 90% of the residential fees actually imposed. The Court also held, based on the legislative history of Government Code § 66020(e), that the developer only recovers the portion of the fee that exceeds the amount the district can properly impose.

Appeals

Kelley v. The Conco Companies, et al. (2011)

N/A

OUTCOME: Reversal of summary judgment

196 Cal.App.4th 191, First District Court of Appeal, Division Five, Case No. A126865, filed June 6, 2011. The First District reversed a summary judgment granted to employer Conco, one of California's ... largest concrete construction companies, on the grounds that my client Patrick Kelley, an apprentice ironworker, had shown triable issues of material facts that he was retaliated against by Conco for complaining to Conco supervisors about blistering, obscene, sexually-laden derogatory comments made towards him that violated Conco's own guidelines, once those guidelines were established after Kelley filed suit in this matter. The retaliation included threats of bodily harm, calling him a "bitch", "faggot," "snitch," that failed to stop even after he complained to the Conco dispatcher about the treatment. In addition, Conco supervisory personel overheard some of the comments and did nothing about them. Kelley showed triable issues of material facts that Conco supervisory personnel knew of the retaliation but did not stop it.

John Toby Schreiber's Legal Cases (21)

In re Marriage of Buda (Bailey) and Bailey, First District Court of Appeal, Div. 3, unpublished, Case No. A136564

Kazenercom Too, et al. v. Turan Petroleum, et al. (2011)

Mitchell v. Superior Court, First District Court of Appeal, Div. 3, Case No. A130238

Vanderkous v. Conley (2010) 188 Cal.App.4th 111

Padda v. Hamedi-Fard, et al., First District Court of Appeal, Div. 3, Case No. A113703

Gotelli v. Latteri, First District Court of Appeal Case No. A108378

Azizian, et al. v. Cearley, et al.

Brossoit v. Brossoit, 31 Cal.App.4th 361

Shapell Industries v. Governing Board of Milpitas Unified School District, 1 Cal.App.4th 218

Kelley v. The Conco Companies, et al. (2011)