Cases
Experience: Representative Matters: Securities Litigation: Lin v. Bank of America
Maggi v. Bank of America
Sussman v. Nations Capital Growth
Wasserman v. Lewis
Sayegh v. Janus . Represented the Bank of America defendants in the market timing
late trading mutual fund cases filed in state
federal courts in California. Worked closely with the Bank's national coordinating counsel, Wachtell Lipton, to get the matters rolled up into MDL 1586
transferred to the U. S. District Court in Maryl
.
Cooper v. CPS Systems. Defended the lead underwriters in half a dozen consolidated class action securities fraud cases filed under Section 11
Rule 10b-5. First round of motions to dismiss were granted. Second round of motions to dismiss were granted in part. Favorable settlements were ultimately finalized.
In re Wilshire Technologies Securities Litigation. Defended the underwriters in this class action securities litigation arising out of an IPO. Obtained a voluntary dismissal of our client after filing motions to dismiss.
In re Touchstone Software Securities Litigation. Defended the underwriters in this securities class action filed under the Private Securities Litigation Reform Act of 1995. Obtained a very favorable settlement.
In re Quarterdeck Securities Litigation. Defended the issuer
its officers
directors in this securities fraud class action arising from Quarterdeck's IPO. Successfully defeated class certification,
obtained several dismissals
judgment on the pleadings. See In re Quarterdeck Securities Litigation CCH Fed. Sec. L. Rep. 97,646 (granting motions to dismiss)
98,092 (denying class certification),
854 F. Supp. 1466 (C.D. Cal. 1994) (partial grant of motion for judgment on the pleadings).
Steinberg v. Mossimo
Glaudnikov v. Mossimo
Frenkil v. Mossimo. Defended the issuer
two directors in two class action securities fraud cases filed in Orange County Superior Court, under Corporations Code 25400, 25500, 25401, 25501, 25402
25502, Civil Code 1709
1710
B & P Code 17200, et seq.,
in a parallel federal court securities fraud class action. In the first round of demurrers, we successfully obtained dismissal of all claims
dismissal with prejudice of the Section 17200 claim.
Western Airlines
Frontier Airlines v. Security Pacific Investment Managers. Defended an investment advisor in a federal court action alleging various violations of federal
state securities laws, as well as ERISA
RICO violations.
In re HOMESTORE.COM, Inc. Securities Litigation. Defended a software firm sued in a consolidated class action complaint filed by against Homestore.com
27 other corporations
individual defendants. Motion to dismiss was granted
the case was dismissed with prejudice.
Merger
Acquisition Litigation
Breach of Fiduciary Duty: Ulrich v. Raytel. Defended two directors, members of the Special Committee, in a class action based on the two-step merger of Raytel into SHL TeleMedicine Ltd. Successfully defeated a TRO to enjoin the merger. Two rounds of demurrers to the complaint were sustained.
Lukoff v. G & L Realty
Weisman v. G & L Realty. Defended Houlihan Lokey in this case alleging breach of fiduciary duty, interference with prospective economic relationship, unjust enrichment
unfair competition. Based on a demurrer, plaintiffs entered into a tolling agreement
never re-filed.
Schneider v. Fidelity
Miller v. Lowther
Rossi v. Lowther. Defended four directors of ANFI, Inc., members of the Special Committee, in these class actions brought by Milberg Weiss
Weiss & Yourman, arising out of the negotiated merger of ANFI
Fidelity National Financial. Plaintiffs decided against seeking a TRO after conducting early discovery. After defendants filed demurrers to the amended complaint, plaintiffs dismissed their cases.
Presant v. Wilshire Oncology Medical Group. Defended the directors
officers in a state court shareholder derivative action involving a mixture of alleged intentional
negligent breaches of fiduciary duties
mismanagement. Implemented groundwork for a special litigation committee defense.
Fireman v. Sterling Healthcare Corporation. Defended the company, subsidiaries, directors, officers
venture capital shareholders in a state court action involving a mixture of alleged intentional
negligent breaches of fiduciary duties
mismanagement. The case was dismissed after the court granted a forum non conveniens motion.
Farrar v. California Department of Corporations. Defended the California Department of Corporations in a state court class action arising out of the demise of the First Pension/Vestcorp Securities investment portfolios-two rounds of demurrers were sustained,
then the case settled.
Trust Litigation
Breach of Fiduciary Duty: Smith v. Grist Mill Trust. Represented Donna Smith in her dispute with the Grist Mill Trust, Wayne Bursey
Benefit Plan Advisors, over her beneficial rights to certain benefits funded by Penn Mutual. After an AAA arbitration hearing, the arbitrator made a substantial award in her favor.
Keck v. Keck. Represented a Keck family member in litigation pending in Texas
the Central District of California, alleging breach of fiduciary duty
declaratory relief.
Song Beverly
Unfair Competition Class Actions: Johnson v. Ashley Furniture. Representing Ashley Furniture in this Song Beverly putative class action filed in the Southern District of California. Obtained preliminary settlement approval of a favorable early settlement.
Folgelstrom v. Lamps Plus, JCCP No. 4532. Represented Lamps Plus in this coordinated class action alleging Song Beverly violations, unfair competition
invasion of privacy. Demurrers were sustained by Judge Mohr without leave to amend. On appeal, the court reversed as to the Song Beverly claim, in light of Pineda, but affirmed the judgment of dismissal in favor of Lamps Plus on the right of privacy
unfair competition claims. See Folgelstrom v. Lamps Plus, Inc ., 195 Cal. App. 4th 986 (2011).
Krinsk v. The Container Store
Georgino v. The Container Store, Inc. Represented The Container Store in these Song Beverly putative class actions filed in San Diego
San Francisco Superior Courts.
Berthiaume v. Shaw Industries, Inc.
Berkshire Hathaway, Inc. Represented Shaw Industries
Berkshire Hathaway in this class action brought on behalf of all Shaw dealers in California, alleging violations of Song Beverly
Magnuson-Moss. The California Court of Appeal issued a writ reversing the trial court's nationwide class certification. Obtained a favorable class action settlement.
Flooring 101 v. Shaw Industries. Represented Shaw Industries in a Song Beverly case brought by one of its distributors, arising out of the Berthiaume settlement.
Finch v. Lamps Plus
Taylor v. Lamps Plus, JCCP No. 4532. Represented Lamps Plus in these coordinated class actions alleging Song Beverly violations
unfair competition. Obtained a favorable class action settlement.
Kummerle v. The Children's Place, Bowers v. The Children's Place, Martinez v. The Children's Place, JCCP No. 4418. Represented The Children's Place in these coordinated class actions alleging Song Beverly violations, unfair competition
invasion of privacy. Certain claims dismissed without leave to amend. Obtained a favorable class action settlement.
Barajas v. The Container Store, Uldall v. The Container Store. Represented The Container Store in these consolidated class actions alleging Song Beverly violations
unfair competition. Obtained a favorable class action settlement.
Pinkney v. Disney Store. Represented the Disney Stores (Hoop Retail) in this class action alleging Song Beverly violations
unfair competition. Obtained a favorable settlement.
Fabrikant v. The Container Store. Represented The Container Store in this putative class action alleging Song Beverly violations. Obtained a favorable individual settlement.
Real Estate Litigation: Cornerstone Apartment Venture III v. Windstar Communities . Represented MassMutual in the defense of various cross-claims for breach of fiduciary duty
breach of contract. After multiple demurrers, negotiated a favorable settlement with motions for summary adjudication pending.
Altamirano v. Matsu, LLC
Lexington Asset Management . Represented the owner
property manager in this complex matter filed by over 70 tenants.
CC Western v. Keller. Represented the subtenant in a number of disputes arising out of the termination of the master lease. Claims included unlawful detainer, specific performance, breach of lease, declaratory relief
interference with contract. The l
lord asserted various grounds for termination of the sublease. After a five-day AAA arbitration, the arbitrator ruled in subtenant's favor
found that the sublease was not terminated.
Zehenni v. Chinois. Represented some of the tenant in common l
lords in an unlawful detainer action. The tenant moved to quash the complaint, on the grounds that all tenant in common l
lords had not joined in the complaint,
the non-party l
lords objected to the lawsuit. Judge Rico denied the motion, the appeals court denied the tenant's Petition for Writ of M
ate
the California Supreme Court denied the tenant's Petition for Review.
Palmdale v. Moorefield. Represented Palmdale in asserting claims for trespass
interference with prospective economic advantage. Obtained a favorable recovery through settlement.
Owensmouth C2B v. All American Distributing
Jinnah. Represented the l
lord in asserting claims for unlawful detainer, breach of lease
fraudulent conveyance,
defending against claims for breach of contract, rescission, interference with contract
prospective business advantage. Obtained possession of the premises
a favorable recovery through settlement.
Cornerstone Apartment Fund I v. BRE Properties. Represented this MassMutual/Cornerstone Fund in a dispute over capital accounts under a complex joint venture agreement.
MassMutual/Gr
Apartments Litigation . Represented the l
lord in a number of unlawful detainer lawsuits
breach of warranty actions arising out of the Northridge earthquake. Structured an arbitration/mediation procedure for resolution of the claims.
Los Angeles Plaza v. Honeywell. Represented Honeywell in the damages re-trial of this breach of contract, breach of warranty case.
Corporate/Partnership/Shareholder Litigation: Adir/Curacao Litigation. Represented various Adir entities in connection with dissolution proceedings filed in California
Delaware. After successfully obtaining a buy-out decree under Corporations Code Section 2000, the parties entered into a global settlement.
Austin McNamara v. Obagi Medical Group. Asserted various breach of duty, breach of contract, employment discrimination
tort claims on behalf of Mr. McNamara, under California
Delaware law. Engaged in an independent three-expert valuation procedure pursuant to a stockholder agreement. Obtained a favorable settlement that provided for the sale of Mr. McNamara's stock.
Petroholl
v. Sathiya. Represented Petroholl
in asserting claims for fraud, unjust enrichment
breach of contract. Recovered a substantial judgment for Petroholl
.
Judicial/Non-Judicial Foreclosure Actions/Receiverships/Lender Liability/Breach of Promissory Note/Breach of Guaranty: MassMutual v. Galleria Associates. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. 6464 T-W Associates. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver, who was able to repair the damages caused to the building by the Northridge earthquake, in time to preserve the valuable long term lease. Succeeded in opposing the borrower's motion to exclude the earthquake proceeds from the lender's collateral.
MassMutual v. Crow-Los Angeles #12. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. Linpro Van Nuys Associates I. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. Gaon. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. Geronimo Business Park. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. Painewebber Growth Partners. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. Anaheim Hills Enterprises. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. Miramar Investors. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
MassMutual v. Orangethorpe & Imperial Associates. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Bank of America v. L
mark Square Associates. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Bank of America v. Cal-State Lumber Sales. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Bank of America v. Tishman University Venture. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Bank of America v. GBC Venture. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
U.S. Bancorp Financial v. SGJC Limited Partnership. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
The Dai-Ichi Kangyo Bank v. South Paw Partners. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Kearny Street Real Estate Company v. Gannam. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Security Pacific National Bank v. Madison Square Development II. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Security Pacific National Bank v. Kern. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Security Pacific National Bank v. RB Motel. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Security Pacific National Bank v. Mark. Represented lender in judicial
non-judicial foreclosure actions also asserting breach of promissory note,
breach of guaranty claims. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Security Pacific National Bank v. Frankfurt Group. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Cathay Bank v. Best Chance. Represented lender in judicial
non-judicial foreclosure actions. Obtained various provisional remedies, including a TRO, preliminary injunction
the appointment of a receiver.
Commercial Litigation, Breach of Contract
Tort: American Buillion v. Regal Assets, Kelly Felix. Successfully obtained relief from default
opposed contempt proceedings.
Rain or Shine v. Continental Wind Power. Represented the company in this action involving claims for breach of contract, common counts
various torts,
cross-claims for breach of contract
interference with economic advantage.
Naftzger v. ANS. Represented Mr. Naftzger in claims for quiet title
claim
delivery, involving George Clapp's gift of large cents to the American Numismatic Society. Mr. Naftzger's demurrer was sustained without leave to amend, on statute of limitations grounds under C.C.P. 338(c). On appeal, the appeals court reversed in a poorly reasoned decision that read a discovery rule into the statute
imposed no duty of investigation or diligence on the museum to pursue recovery of property it knows is supposedly missing. Naftzger v. American Numismatic Society, 42 Cal. App. 4th 421 (1996). After a two-week bench trial, Judge Aviva Bobb found for the museum, despite substantial evidence that the ANS did not know what coins it had received from George Clapp, that the ANS knew in 1974, if not earlier, that coins it supposedly received from Clapp were in Mr. Naftzger's possession,
that Mr. Naftzger had suffered substantial prejudice as a result of the ANS' 20-year delay. Mr. Naftzger had purchased the coins from William Sheldon, who died in 1977. Sheldon was the large cent collector
expert, who had supposedly switched coins while visiting the ANS. A proverbial travesty of justice! At least two courts have since criticized the Naftzger opinion, Society of Cal. Pioneers v. Baker, 43 Cal. App. 4th 774, 783, fn. 10, 784 (1996)
Adler v. Taylor, 2005 U.S. Dist. LEXIS 5862 (C.D. Cal., February 2, 2005). In Adler, Judge Klausner wrote: As the California Pioneers court notes, the Naftzger court failed to address California precedent that rejected the application of a discovery rule. California Pioneers, 43 Cal. App. 4th at 780-83. This precedent establishes that the statute of limitations begins to run against a subsequent purchaser of stolen property at the time the subsequent purchaser obtains the property. Id . Thus, in this case, the statute of limitations began to run in 1963. It has long since expired.
Alfieri v. Sideout Sport. Represented Sideout
its president
CFO in litigation filed by a distributor. After an Evidence Code 402 hearing, the court excluded plaintiff's evidence of lost profits,
the case settled.
