Cases
Experience: Representative Trial Experience: Andre has been lead trial counsel in numerous trials in state
federal courts. A representative sample of trials include: Bonded Motors v. State Compensation Insurance Fund: - Los Angeles Superior Court - Obtained favorable result after seven-week jury trial involving alleged bad faith
unfair business practices involving state's largest workers' compensation insurer.
Carter v. Mid-West National Life Insurance Company of Tennessee: - San Bernardino Superior Court - Obtained complete defense verdict after a five-week jury trial alleging marketing fraud
bad faith against a health insurance company
its agent.
Cumbre v. State Compensation Insurance Fund: - San Bernardino Superior Court - Obtained defense verdict after five-week jury trial in which brokers sought $47 million in damages for termination of agreements. Affirmed in full on appeal (see below).
Geosource, Inc. v. The Hartford: - Los Angeles Superior Court - Obtained judgment after trial in lawsuit involving an insurer's right to control the settlement of disputes.
Hinduja v. ARCO: - Los Angeles Superior Court - Obtained defense verdict after jury trial in case involving claims of unfair business practices, violations of franchise laws
discrimination. H
led appeal, which resulted in affirmance of verdict,
judgment for attorney's fees incurred by client.
L.A. Open Door Presbyterian Church v. Evangelical Christian Credit Union: - Los Angeles Superior Court - Obtained complete defense verdict for client lending institution after jury trial concerning aftermath of foreclosure of property.
Mouradian v. Central National Life Insurance Company: - Los Angeles Superior Court - Obtained defense judgment after jury trial in bad faith case arising out of insurer's rescission of policy due to misrepresentations by insured.
Scott's Creations, Inc. v. Underwriters at Lloyd's, London: - Los Angeles Superior Court - Obtained defense verdict by proving that claimed armed theft of wholesale jeweler's inventory was a staged crime. Selected as one of the top 10 defense verdicts of 2006.
Tricor v. State Compensation Insurance Fund: - Los Angeles Superior Court - Obtained favorable verdict in action involving the workers' compensation system
regulation of the industry.
United Pacific v. Cohanim: - Los Angeles Superior Court - Obtained judgment for insurer in insurance coverage matter involving limits of liability.
The Walton Companies v. Etiw
a Estates: - San Bernardino Superior Court - Obtained defense verdict in lawsuit involving construction of a residential development.
Wolfe Air Aviation v. Andreini & Co., et al. - : Los Angeles Superior Court (transferred to Orange County Superior Court for trial)
-: Obtained $10 million jury verdict
judgment for client in case involving cancellation of aviation insurance policy. Amount of judgment was almost double the amount of damages calculated by client's expert witness.
Representative Appellate Experience: Advanced Building Maintenance v. State Compensation Insurance Fund: -: California Court of Appeal, Second Appellate District - 49 Cal. App. 4th 1388 (1996) - Obtained reversal of trial court order
reinstatement of judgment in favor of client. Published opinion discusses the timing of motions to vacate judgments.
Cumbre v. State Compensation Insurance Fund -: California Court of Appeal, Fourth Appellate District
-: Cal. App. 4th (2010)
-: Obtained partially published decision affirming favorable judgment regarding termination of contracts
the Duty of Fair Procedure. Also was lead trial counsel.
Gardner v. UICI: -: U.S. Court of Appeals for the Ninth Circuit
-: 508 F.3d 559 (2007)
-: Obtained reversal of trial court order
finding that clients had a reasonable basis to remove case to federal court.
The Gillette Company v. 99 Cent Only Stores: - California Court of Appeal Second Appellate District (App. No.B156193) - Represented plaintiff
obtained writ of m
amus ordering trial court to vacate summary adjudication order.
Gordon's Cabinet Shop v. State Compensation Insurance Fund: - California Court of Appeal, Fourth Appellate District - 74 Cal. App. 4th 33 (1999) - Obtained published decision affirming judgment of dismissal in favor of client
discussing when the five-year statute for bringing a case to trial may be tolled.
HealthMarkets v. Superior Court - : California Court of Appeal, Second Appellate District
-: 171 Cal. App. 4th 1160 (2009)
-: Obtained published decision affirming granting of motion to quash service on out-of-state insurer based on lack of personal jurisdiction.
Rail Services v. State Compensation Insurance Fund: - California Court of Appeal, Second Appellate District - 2003 Cal. App. Lexis 1032 (2003) - Obtained published decision in case of first impression concerning an insurer's right to collect a nonrefundable deposit premium.
Red Alarm, Inc. v. Waycrosse, Inc. et al -: U.S. Court of Appeals for the Ninth Circuit - 47 F. 3d 999 (1995) - Obtained published opinion affirming summary judgment in favor of client, discussing principles of accord
satisfaction.
The MEGA Life
Health Ins. Co. v. Superior Court - : California Court of Appeal, Fourth Appellate District
-: 172 Cal. App. 4th 1522 (2009)
-: Obtained published decision on a petition for a writ of m
ate reversing trial court
ordering dismissal of plaintiff who was not a party to contract.
Wolfe Air Aviation v. Andreini & Co., et al.: - California Court of Appeal, Second Appellate District (App. No. B151940) - Represented aerial photography
film production studio at trial (see above)
on appeal. Appellate court affirmed judgment in its entirety.
