Cases
Representative Matters: Business Litigation: Represented defendant financial institution in a putative class action alleging a fraudulent loan program
claims under RICO
California's Unfair Competition law. Defendant filed a Motion to Compel Arbitration pursuant to the terms of the loan agreement. The U.S. District Judge ruled Plaintiffs must arbitrate their claims on an individual basis, rather than on behalf of a class,
stayed the litigation. Plaintiffs ultimately dismissed their claims against the client.
Successfully represented NTC Foundation, a non-profit corporation that serves as a l
lord at San Diego's historic Liberty Station, in a case involving its former tenant. Following underlying litigation, the tenant
its individual LLC members sued NTC, asserting 13 causes of action, seeking compensatory
punitive damages. Ultimately, the tenant was persuaded to dismiss the action with prejudice.
Successfully compelled arbitration against several franchisees of a well-known Philadelphia-area frozen dessert franchise. Plaintiffs, several former franchisees, were attempting to sidestep the arbitration provisions in their franchise agreements
filed a lawsuit in California. The court rejected the plaintiffs' arguments,
issued a stay.
Defense award in a lengthy commercial arbitration proceeding involving claims of discrimination, harassment,
retaliation under Title IX, breach of contract,
unfair business practices.
Obtained a temporary restraining order
preliminary injunction on behalf of a licensee against a licensor for retaliatory actions,
to preserve the status quo pending litigation.
Obtained a defense award on behalf of a college education client in a contested arbitration where the claimant sought compensatory
punitive damages, injunctive relief,
attorneys' fees based on a myriad of claims including discrimination based on medical condition, disability based on age discrimination, failure to accommodate, intentional misrepresentation, unfair business practices
false advertising.
Won an appeal on behalf of American University of the Caribbean School of Medicine, a subsidiary of DeVry Education Group, before the Second District, Division Six, Court of Appeal of the State of California, which held the client was not liable for plaintiff's termination from medical school.
Safari Club International v. Rudolph - Obtained on behalf of Dr. Lawrence Rudolph a decision in the 9th Circuit Court of Appeals affirming a trial court denial of a preliminary injunction concerning a taped conversation between Rudolph
the former president of SCI.
Served as special outside counsel to the Board of Trustees of the Colorado Public Employees Retirement Association
authored the legal opinion affirmed by the Colorado Supreme Court denying an attempt to get the records of the Association's top benefit recipients.
Representing a zoo
additional related defendants in filing Amici Curiae briefs to the California Supreme Court in precedent-setting litigation surrounding a new state of the art elephant exhibit in Los Angeles. The California Supreme Court reversed, finding for defendants.
Obtained a decision in the Central District of California defeating a highly contentious bid for preliminary injunction over the alleged violation of California wiretap laws.
Successfully represented an international franchisor in a franchise termination lawsuit in California federal district court against former franchisees alleging RICO, fraud, breach of contract, unfair competition, trademark infringement
other claims.
Obtained on behalf of a theme park a dismissal with prejudice of a suit alleging violations of the Song-Beverly Credit Card Act, which prohibits the collection of personal information from credit card customers.
Represented a luxury resort
vacation home developer in connection with complicated litigation, l
use,
foreclosure issues arising from its acquisition of resort property near Lake Tahoe, CA.
Successfully obtained temporary restraining order
preliminary injunction on behalf of non-profit corporation related to its claims of breach of contract, interference with business
retaliation.
Defended private post-secondary institution against allegations of fraud, negligence
violations of the Consumers Legal Remedies Act
Unfair Competition Law. The case was filed in state court
involved over 30 plaintiffs. On behalf of the institution, we prevailed on motion to compel arbitration
successfully opposed plaintiffs' writ. Thereafter, Ms. Hollenbeck managed over 30 individual consumer arbitrations before the American Arbitration Association
obtained favorable results for the institution.
Defended business in five separate consumer arbitration proceedings involving consumer protection
unfair competition law issues. Obtained defense verdicts in each of the five cases.
Obtained settlement that client found favorable
dismissal of action with prejudice through the filing of a motion for summary judgment on the issue of general causation.
Prevailed in case representing a multi-national franchisor with over 4,000 stores who sued its joint venture partner in U.S. District Court for breach of contract
violation of fiduciary duties. This case involved extensive claims relating to computer software
operating systems. Very favorable settlement achieved after several years of protracted discovery, depositions
heated litigation.
Represented large web hosting concern sued by Internet service provider for unfair competition
theft of trade secrets. Also represented the web hosting company in its responsive action for breach of contract. Case involved complex discovery issues, extensive interaction with a discovery referee
protracted law
motion as to numerous issues including production of source code. The case settled on terms the client found favorable.
Represented a prominent national financial services company that services single-family residential mortgages in an action filed by a homeowner for wrongful foreclosure, breach of fiduciary duty,
fraud. The plaintiffs' complaint,
four amended complaints, were successfully challenged by demurrer
, ultimately, the case was dismissed in its entirety.
Defended international paint
coatings manufacturer against product defect, breach of warranty
breach of contract allegations. Plaintiff was an international energy concern who sued for product failure at over 800 of its locations. Case settled on terms the defendant found favorable. Exposure to the client was minimized
significant responsibility was defrayed to third party coatings application specialist.
Obtained permanent injunction
monetary compensation for large franchisor against franchisee that violated provisions of franchise agreement. Franchisee incorrectly used trademark
service mark applications with competing franchise br
.
Represented nationally known private post-secondary vocational institution in class action arbitration
litigation. Plaintiffs claimed a group of students were the victims of numerous misrepresentations as to the value of their program
that the educational instruction they received had less than fair value. The matter was resolved on terms that the client found very favorable.
Represented national restaurant chain in a shareholder derivative action
direct law suit. Case involved complex partnership governance
compensation issues resulting in alleged harm to the limited partners.
Counsel to national computer software company sued by competitor
former employee for issues pertaining to compensation
termination. Settlement that the client found very favorable obtained following plaintiff's deposition.
Successfully pursued trademark litigation on behalf of an international select membership organization whose marks were being improperly used.
Represented San Diego biotech company in patent infringement action filed by multinational pharmaceutical company. Reached settlement the client found favorable
licensing agreement going forward.
Products Liability Litigation: Represented an international appliance manufacturer in numerous products liability actions for over 20 years. Those matters have included catastrophic personal injury, brain trauma, burn injuries,
amputations. Ms. Hollenbeck has evaluated
defended each claim
has achieved outst
ing results.
Represented Metabolife International in state
federal court litigation involving legal fallout over ephedra,
claims that Metabolife 356 was linked to dozens of heart attacks, strokes,
more than 100 deaths. Causes of action included product liability, negligence, breach of implied warranty, breach of express warranty
fraud,
sought compensatory
punitive damages.
Represented an international motor carrier in a range of claims resulting from traffic injuries, many of which involved ejection of the plaintiffs from their vehicles with resulting personal injuries
brain damage. All cases were successfully evaluated
resolved.
Defended a manufacturer of fire suppression equipment in a long list of cases involving accidental discharge of chemical suppressants
explosions of fire suppression equipment. All actions involved substantial personal injury
often included brain injury claims.
Defended a San Diego commercial business in a matter involving a multi-vehicle car accident where the plaintiffs, who were passengers in other vehicles, claimed catastrophic personal injuries
closed head injuries. The matter involved in excess of 20 experts
40 witnesses in a four-week trial. Liability was admitted,
resulted in a nominal verdict that was affirmed by the California Supreme Court.
Represented a national personal armed security company in a series of lawsuits filed by individuals who claimed they were the victims of excessive force, who had sustained traumatic brain injuries. All but one case was settled for a small sum
the remaining matter was tried
there was a defense verdict.
Represented an international tire manufacturer in many matters involving alleged tire defects resulting in automobile accidents. The plaintiffs claimed a wide variety of injuries, including brain trauma. The cases were resolved on terms that were acceptable to the client.
Represented a company that made hamburger patty forming machines that were used by The Price Company, a well-known warehouse store. A meat department employee sustained a traumatic amputation of his arm after disabling the safety guard. Defendants prevailed on summary adjudication
resolved the remainder of the case for a small sum.
Defended The Sherwin-Williams Company, an international paint
coatings manufacturer against product defect, breach of warranty
breach of contract allegations. Plaintiff was an international energy concern who sued for product failure at over 800 of its locations. Case settled on terms the defendant found favorable. Exposure to the client was minimized
significant responsibility was defrayed to third party coatings application specialist.
Defended international appliance manufacturer against $25 million mold exposure claim brought by consumer. Resolved case for nominal sum through strong litigation strategy including coordinating testimony from over 40 experts.
