Cases
Representative Matters: Significant Appeals
Daye v. International School of Cosmetology, Inc. (Fourth District Court of Appeal, Division Three, Case No. G051562) - Obtained an appellate victory for International School of Cosmetology reversing the trial court's determination that the arbitration provision was unconscionable. The Court rem
ed with instructions to enforce the arbitration provision
order the parties to participate in arbitration.
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.
Orange County Communities v. City of Anaheim - Obtained on behalf of a city a dismissal of a case brought by a community organization alleging the city
individual city council members violated conflict of interest laws by accepting excessive campaign donations in exchange for the city council's approval of two high end luxury hotels in the city.
Weidner v. McCann, 529 MDA 2014 (Pa Super., May 6, 2015). Obtained an appellate victory for Delta Career Education Corp.
McCann Education Centers, Inc., reversing the trial court determination that there was no agreement to arbitrate
rem
ing for determination on the petition to compel arbitration.
Benshalom v. First Horizon Home Loans (Cal. Fourth Dist., Div. Three) - Successfully obtained affirmance of judgment in favor of the bank regarding a failed residential home construction project
affirmance of award of attorneys' fees
costs.
Orange Citizens, etc., et al. v. Superior Court of Orange County - Successfully represented Milan Capital Management before the California Court of Appeal. Obtained a ruling preserving a trial court victory affirming Milan's ability to proceed with a residential development in the City of Orange, California, setting a precedent confirming the powers of local legislative bodies to interpret
apply their own general plans to development projects. This matter is currently under review by the California Supreme Court.
Taft v. American University of the Caribbean School of Medicine (California Court of Appeal, Second District, Division Six) Won an appeal on behalf of American University of the Caribbean School of Medicine, a subsidiary of DeVry Education Group, which held the client was not liable for plaintiff's termination from medical school.
General Litigation
Representation a wealthy businessman after a collectible judgment of $33 million was entered against him individually after trial. Representation included the post judgment collection proceedings
a new fraudulent conveyance lawsuit. As a result of some effective utilization of procedures to block post judgment discovery, both the judgement
the new lawsuit were resolved in mediation for only $8 million to be paid as a settlement by the client's corporation.
Obtained a multimillion-dollar unanimous jury verdict in a breach of contract case involving the licensing of technology.
Defended manufacturer in complex asbestos
other harmful chemicals exposure litigation
negotiated a nominal settlement for the client.
On behalf of a Long Beach trucking company, set aside a $2.3 million default judgment in Los Angeles Superior Court
then defeated a renewed effort by the plaintiff to establish alter ego liability.
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 pursued several interrelated shell companies created to facilitate a Ponzi scheme, including obtaining multiple writs of attachment
a temporary restraining order.
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.
Defended public corporation in a personal injury matter seeking $4 million in damages
involving in excess of 40 treating physicians. Negotiated a favorable settlement for a nominal sum
dismissal of the action.
Represented an international corporation in a real estate dispute
obtained a settlement which the client found extremely favorable.
Successfully represented cash access vendor in suit against casino in dispute over early termination of contract.
Counsel to San Diego real estate syndicators accused of defrauding investors by making misrepresentations regarding the financial affairs of the company.
Franchise
Represented global franchisor in litigation involving franchise termination
violation of trademark
trade dress rights.
Represented a national restaurant chain in regard to a franchise termination following failure to pay royalties
failure to maintain health st
ards. Efforts included assessment of the lease
sublease
negotiations as to lease termination.
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.
Represented national restaurant franchisor in prosecution post-termination trademark
trade-dress violations.
Gaming
Represented the owners of a California cardroom/casino
its individual shareholders in obtaining a unanimous approval from the California Control Commission to obtain their gaming licenses
to complete the purchase of a card-room/casino in Chula Vista, California.
Representation of the owners of a California cardroom/casino in the defense of an Accusation filed by the Bureau of Gambling Control, arising out of a federal criminal investigation of another casino the group was attempting to purchase. The Accusation was settled with a fine of $500,000, but no negative impact on the gaming licenses. Assisted the clients to obtain approval from the Bureau of Gambling Control
the California Commission of Gambling Control for the purchase
license to operate an additional cardroom/casino.
Government
L
Use
Representation of a nationwide property management company
several of its subsidiaries in connection with a three year civil investigation by the U.S. DOJ
the California Attorney General into violations of the Servicemembers Civil Relief Act regarding evictions of service members from military housing. The matters were settled with the client agreeing to injunctions
a nominal payment to each agency. All the legal fees
penalties were paid by the client's prior counsel.
Represented a businessman in a Department of Business Oversight investigation for violations of various securities
consumer protection laws.
Represented a businessman in a Securities
Exchange Commission investigation of insider trading in high-tech company stock.
Obtained on behalf of a city a dismissal of a case brought by a community organization alleging the city
individual city council members violated conflict of interest laws by accepting excessive campaign donations in exchange for the city council's approval of two high end luxury hotels in the city.
Representing a city in defending its interests in a lawsuit aimed at overturning City Council approval of a $158 million tax subsidy for a resort development.
Intellectual Property
Represented a biotech company to defend against allegations of copyright
patent infringement. Obtained favorable settlement after winning a summary adjudication motion on all but one claim, including the claims for copyright infringement.
Represented numerous educational institutions in connection with unauthorized use of web-content by a third party. Obtained a settlement the client found favorable after successfully defeating a Motion to Dismiss on grounds of fair use.
Successfully pursued trademark litigation on behalf of an international select membership organization whose marks were being improperly used.
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.
Banking
Obtained an order from the California Federal District Court granting U.S. Bank's motion to dismiss with prejudice plaintiff's state law claims which were pre-empted under the Home Owners' Loan Act of 1933 (HOLA).
Obtained multiple dismissals with prejudice of complaints filed against a national bank making a wide range of allegations including predatory lending practices, failure to complete loan modifications, alleged fraudulent actions
wrongful foreclosure.
Negotiated dozens of favorable settlements in TCPA actions against a national bank.
Animal Welfare
Representing a zoo in filing amicus briefs in precedent setting litigation surrounding a new state of the art elephant exhibit.
Represented a zoo which lent two elephants to another zoo. The issues pursued by the plaintiff animal rights activists raised questions about the ability of the city to direct events at the zoo
the newly exp
ed exhibit space.
