Representative Cases

2022

• REAL ESTATE ENFORCEMENT OF COMMERCIAL CC&Rs

  In a dispute in which the owner of a gas station, convenience store and car wash failed to pay the full amount of common area maintenance, we obtained for our client that owns the shopping center a settlement of all back due amounts including, maintenance fees, late fees, and attorney’s fees for enforcement of the CC&R.

• COMMERCIAL REAL ESTATE LEASE LITIGATION

  In ongoing lawsuit to recover rent from large commercial tenant who has refused to pay for periods when tenant’s business was closed due to government-imposed government restrictions, we have obtained a writ of attachment securing the full amount of rent due and anticipated attorney’s fees.

• MARVIN V. MARVIN CLAIM

  Our client was in a lengthy non-marital relationship with her partner. The relationship ended and her partner ended support. We prepared and issued a demand letter leading to pre-lawsuit mediation, at which we obtained a seven-figure monetary settlement on our client’s behalf.

2021

• MARVIN V. MARVIN CLAIM

  We represented a client who had a “Marvin” claim for breach of contract against her former companion who allegedly agreed to provide her with support and a bequest in his will. We prepared a complaint that was presented to the companion and held a pre-lawsuit mediation. The dispute settled in our client’s favor for a substantial sum of money.

2020

• ATTORNEY FEE LITIGATION

  In a dispute between an attorney and our client (a guarantor of attorney’s fees on behalf of a company represented by the attorney), we obtained an order in the Southern District of California US District Court compelling arbitration of the dispute, leading to a favorable settlement on behalf of the guarantor. We also coordinated the defense of additional, related litigation by the attorney in Illinois circuit court against our client.

• TRADE SECRET LITIGATION

  We defended a lawsuit in the Southern District of California US District Court against a former employee who was sued for allegedly keeping, then taking trade secrets to a new employer and using them to compete with his former employer. Ultimately, we reached a settlement with the former employer and our client paid no money to resolve the federal lawsuit.

• COLLECTION AND FRAUD LAWSUIT

  We defended three companies in litigation in Superior Court in San Francisco, in a multi-million-dollar fraud and collection lawsuit until the action was settled with a payment by a separate defendant, with no money being paid by our clients.

2019

• FRAUD TRIAL

  Defense of adult film producer and production companies in fifteen week bench trial in San Diego County Superior Court.

• SECURITIES AND EMPLOYMENT

  Represent and counsel investment advisor in investigation by FINRA and in disciplinary investigation by employer.

• PARTNERSHIP DISPUTE

  Represent local investor in dispute with partner over residential developments located in Texas.

• FRAUD SETTLEMENT

  Settlement of lawsuit on behalf of client who sued Mexico-based sellers of vacation club membership and U.S.-based management company, for money damages and cancellation of membership contract.

2018

• EMPLOYMENT LAW AND SETTLEMENT

  Representation of employees of hotel who were wrongfully denied wages and overtime pay and obtained monetary settlement on their behalf.

• FRAUD LITIGATION

  Defended producers of adult videos in complex litigation, including nationwide depositions, leading to lengthy trial (see 2019).

2017

• FRAUD & BREACH OF CONTRACT

  Prosecution of fraud and breach of contract lawsuit against business colleague in mortgage related business, leading to settlement at mediation

• ADA CLAIM

  Settlement of ADA claim on behalf of chain of retail stores in San Diego using certified ADA access consultant

• PARTNERSHIP AND REAL ESTATE ARBITRATION

  Representation of real estate investment partnership in dispute with purchaser of undeveloped land in east San Diego, leading to favorable resolution and sale of land.

• CONTRACT NEGOTIATION

  Negotiated and drafted agreements between logistics company that secured storage space for trailers, tractors and containers (our client) and manager of secured yards in multiple states.

2016

• BREACH OF CONTRACT

  Won trial of breach of contract on behalf of breeder of champion show dog and obtained award for attorney’s fees and costs of $170,000

• FRAUD

  Co-counsel on behalf of investor who was alleged victim of concealment fraud by partners, leading to six figure settlement

2015

• LONG-TERM REPRESENTATION

  Ongoing representation of national department store in credit-related cases — multiple state and federal cases (2015 to present)

• MISREPRESENTATION

  Worked with co-counsel and took lead on depositions in defense of “C” level executive of corporation accused of making misrepresentation to key investor – settlement reached at mediation

• FRAUD

  Worked with co-counsel in stock fraud lawsuit by taking key depositions of defendants that helped lead to key settlement

• PRO-BONO

  Pro-bono federal jury trial on behalf of former state prisoner

• FEDERAL LITIGATION

  Co-counsel in federal litigation seeking interpleader of funds from sale of business for interest of deceased shareholder who died without a will, and assistance with settlement with parties in China, London and San Diego

• FRAUD

  Co-counsel and lead attorney on depositions in single plaintiff securities fraud case, leading to settlement in excess of $200,000

2014

• LEGAL ADVISER

  Provided advice to fellow lawyer regarding conflict of interest situation arising out of litigation with multiple represented parties

• LAWYER MALPRACTICE DEFENSE

  Defended lawyer in legal malpractice action, and obtained dismissal of case

2013

• NON-COMPETE SETTLEMENT

  Enforced non-competition clause in Buy/Sell Agreement of accounting practice, and obtained settlement for buyer

• EMPLOYER VS EMPLOYMENT CLAIMS

  Obtained favorable settlement on behalf of employer operating tour company against employment claims

• PALIMONY

  Represented female client in “Palimony” case against “husband” by religious marriage, not recognized in California, and obtained settlement consisting of several pieces of real estate

2012

• BANK REPRESENTATION

  Representation of bank holding first position deed of trust against quiet title action, resulting in payment to bank to purchase its position

• PARTNERSHIP DISPUTE

  Resolution of partnership dispute between psychologists

• HOMEOWNER REPRESENTATION

  Representation of homeowner in lawsuit against agent who sought excessive commission

2011

• RISK ANALYSIS

  Preparation of risk analysis and disclosures concerning chemical ingredient on behalf of local dental device company

• SALE OF CONTAMINATED PROPERTY

  Lead associate attorney on lawsuit against university foundation over sale of contaminated property leading to settlement

• PARTNERSHIP DISPUTE

  Associate attorney assisting with prosecution of a lawsuit between former partners in a construction business

• FRAUDULENT CONDUCT

  Trial of elder abuse matter against financial advisor, resulting in no findings of fraudulent conduct by advisor

2010

• BREACH OF CONTRACT

  Trial of breach of contract matter related to pharmaceutical claim against independent physicians association for payment for injectable medications

2000-2009

• BREACH OF CONTRACT

  Local counsel in federal breach of contract lawsuit involving supplier of electronic components

• LEASE CLAIMS

  Defense of attorney for claims arising out of drafting of shopping center lease leading to favorable settlement

• CIVIL PROSECUTION

  Lead associate counsel in defense of civil prosecution by city of San Diego against circuit board manufacturer for exceeding water pollution permit

• BUSINESS MALPRACTICE

  Won summary judgment on behalf of lawyers accused of committing malpractice in personal injury lawsuit, including successful defense of verdict on appeal of finding that assumption of risk applied

• DEFENSE OF PROSECUTION

  Lead associate in defense of malicious prosecution action against attorney, including filing “Anti-Slapp” motions to dismiss cases, and appeals

• DEFENSE OF SPECIAL COUNSEL

  Lead associate attorney in defense of special counsel to bankruptcy trustee, won on summary judgment and upheld following Ninth Circuit appeal and petition for writ of certiorari to Supreme Court of the United States

• DEFENSE OF PROSECUTION

  Associate attorney assisting with defense of out-of-state bond company against claims by agent, leading to settlement on court house steps

• RELIGIOUS-BASED CHARITY DISPUTE

  Associate attorney defending local religious-based charity against claim by fired executive

• EMBEZZLEMENT

  Investigated and recovered assets embezzled by an in-house controller of restaurant management group

• HOA LITIGATION

  Arbitration of legal malpractice case stemming from HOA litigation

1996-1999

• TRUST CLAIM

  Associate attorney in defense of San Diego lawyer against claims by a girlfriend arising out of drafting and administration of trust for decedent who lived double life

• CRIMINAL PROSECUTION

  Associate attorney on defense of criminal prosecution by State of Florida against San Diego-based operator of multi-level marketing group

• LEGAL MALPRACTICE

  Associate attorney in defense of local law firm accused of legal malpractice stemming from construction material defect case

• FEDERAL TAX INVESTIGATION

  Associate attorney on defense of adult book store operators in federal tax investigation