Benjamin Beau Berger

A native of the Chicago area, Ben grew up in a construction family. After graduating from college and having spent the previous eight summers working as a laborer and heavy equipment operator, Ben began working year round as an estimator and foreman on multi-million dollar public and private projects, including underground utilities, road building and mass grading. A few years later, while still working construction during the day, Ben began attending Chicago’s John Marshall Law School at night. He finished his J.D. at Whittier Law School a few years later.

Ben started representing clients as a sole practitioner the day he was licensed to practice law. His practice is devoted to both litigation and transactional matters, with a general emphasis on business, construction and real estate. Ben represents several new car dealerships and also has significant experience in trust and probate litigation. Ben has represented clients in:

• jury trials

• bench trials (including the 5th highest verdict in CA in 2018)

• administrative law trials

• arbitration

• mediation

• appeals

Ben has extensive ADR experience, having created and implemented arbitration systems for two different auction companies and having earned a certificate from Pepperdine University’s Strauss Institute of Dispute Resolution.

Additionally, Ben worked as a professional sports agent, certified by the Major League Baseball Players Association and the National Basketball Players Association. He has represented professional athletes in negotiations for playing contracts, endorsement deals, and recovered 100% of the relief sought against a Major League Baseball team, in a dispute over which the office of the Commissioner of Major League Baseball presided. Other agents have consulted with Ben to prepare for the representation of players in the MLB arbitration process and in the drafting/negotiation of endorsement contracts.

Ben is licensed to practice in all California state courts as well as the United States District Court for the Central District of California. Ben is also licensed to practice law in the State of Illinois.

Ben lives in south Orange County with his wife and kids.

Representative Cases

Commercial Lease (Landlord v. Guarantor): Represented landlord and property manager to prove construction and mitigation damages at trial against a tenant and its parent company (under a corporate guarantee). We sought roughly $3 million dollars and obtained a judgment for literally every dollar sought, resulting in the 5th highest bench trial verdict in the State of California in the year 2018.

Alter Ego (General Contractor v. Subcontractor): Represented sole-shareholder and CEO of licensed contractor at trial and secured defense verdict, then recovered attorney’s fees against the GC plaintiff

Breach of Contract and Non-Compete (Partnership v. Former Partner): Represented a design professional against his former partnership, a nationwide firm with annual revenues of $50MM. After 3 years of litigation and arbitration during which time the defendant never offered a single dollar and instead demanded payment on its cross-complaint, we obtained a multiple six-figure award which included attorney’s fees and which was nearly double what we had offered to accept pre-arbitration

Wrongful Termination (Employee v. Former Employer): Represented employer against former employee who claimed he had been terminated because of his disability
Secured less-than-nuisance value settlement on eve of the hearing on our motion for summary judgment.

Fraudulent Transfer (Trademark Purchaser v. Seller’s Creditor): Represented buyer post-trial to challenge a judgment based on fraudulent transfer and successfully overturned the judgment on appeal.

Partnership Dispute (Former Partner v. Partnership): obtained $750,000 settlement for our client in a dispute with his former business partner concerning ownership of numerous corporations and LLCs

Breach of Contract (Electrical Subcontractor v. Developer): Represented subcontractor on abandoned construction project. Obtained six-figure judgment after 3-day trial for 100% of requested damages. Within four months, successfully recovered the full amount (plus attorney’s fees) in a contested collection proceeding.

Alter Ego (Buyer v. Officer/Director of Escrow Company): Represented CEO and sole shareholder at trial on alter ego claims only
Obtained judgment for the defense and also secured judgment for attorney’s fees
Later found and attached real property, ultimately recovering attorney’s fees.

Breach of Lease (Landlord v. Tenant): Represented landlord who had lost at trial
Successfully moved to vacate judgment and enter new judgment, thereby securing judgment for landlord and subsequently obtaining a judgment for (and later recovering) attorney’s fees, plus 4 years of post-judgment interest at 10%.

Trust/Probate Dispute (Beneficiary v. Trustee): Obtained a favorable settlement of simultaneous actions where we represented a beneficiary in trust litigation and in separate litigation against the estate of the former trustee. The case resolved on the eve of our motion for summary judgment that would have removed the existing trustee.

Multiple Business Acquisitions: Represented both buyers and sellers in various multi-million dollar asset purchase agreements, including bulk sales and companion agreements for the purchase and sale of real estate.

Awards/Public Speaking

Awards

Top Verdict Award: 5th largest court trial verdict in CA in 2018 per TopVerdict.com

Top Verdict Award: 22nd largest court trial verdict in the United States in 2018 per TopVerdict.com

Speaking Engagements

Mechanics Liens for Real Estate Agents – 2014

First American Title Company

Reducing the Risk of Consumer Claims – 2015

Private New Car Dealer Seminar

Fair Lending Practices – 2016

Private New Car Dealer Seminar

Overcoming Legal Hurdles to Closing – 2019

First American Title Company

Memberships

Orange County Bar Association