Contract Disputes & Other Business-Related Matters / Torts
Represented manufacturer of diagnostic healthcare solutions in breach of contract-related matter against its packaging company, which abruptly closed its operations, and the packaging company’s lender, which dominated and controlled the packaging company and pushed it to insolvency; successfully defended against lender’s multiple attempts to dismiss claims against it of interference with contract, breach of fiduciary duty, conversion and alter ego/lender liability; after surviving the pleading stage, the case quickly settled on terms advantageous to the client.
Represented reputable pharmaceutical client in case where client alleged, in part, unfair competition under California law with regard to competing eyelash growth products that were not FDA approved; the Central District of California granted summary judgment in client's favor on unfair competition claim and issued a broad injunction prohibiting continued unfair competition.
Represented credit-card-company client in case where plaintiffs alleged client was in receipt of stolen funds because it had accepted checks forged by plaintiffs' secretary for payment of secretary's credit card bills, resulting in what plaintiffs claimed was at least hundreds of thousands of dollars in damages; California state court granted summary judgment on client's behalf based on Uniform Commercial Code provisions and applicable case law.
First chaired hotly-contested arbitration proceeding on behalf of well-known credit card company, defending it against claims that included unfair billing practices; the JAMS arbitrator found that client had not done anything wrong in terms of billing and processing petitioner's dispute and did not award petitioner any damages or attorney's fees.
Prosecuted multiple cases on behalf of federally insured bank for mortgage fraud against mortgage brokers in Bankruptcy and state courts; the cases lead to multiple favorable settlements on behalf of client.
Class Actions
Led a team of lawyers on behalf of a class of low-income tenants living in a dilapidated Santa Ana apartment building against their landlords; obtained significant victories for the class tenants, including class certification, the appointment of a health and safety code receiver to take control of the property, and authorization for such receiver to take out a super-priority loan on the property to refurbish it.
Appellate Matters & Attorney’s Fees Expertise
Represented board members and majority shareholders of a sports nutrition company against an effort by minority shareholders strip nearly $48 million dollars' worth of shares from the majority shareholders; after a full trial on the merits, the court determined that clients were not liable but wrongly refused to award millions in attorneys' fees and costs to clients as the prevailing parties, finding there was no prevailing party in the action due to some concessions made by clients shortly after the case was filed; appealed that determination to the California Court of Appeals, fully briefing the matter of first impression, and the Court of Appeals reversed the trial court's holding, a determination that the California Supreme Court allowed to stand.
Represented a university client to affirm an award of attorneys' fees covering its counsel's work in two consecutive federal actions; after fully briefing and arguing the matter, the Ninth Circuit agreed that plaintiff could not avoid paying university's attorneys' fees on both cases, having dismissed the first matter in the face of a motion to dismiss only to refile a substantially similar matter thereafter, which was ultimately dismissed with prejudice.
Bankruptcy & Non-Dischargeability
Represented bankruptcy trustee in adversary proceeding against creditor that had submitted highly inflated claims in debtor's bankruptcy, requiring complex analysis of federal bankruptcy law dating back nearly 100 years; Bankruptcy Court in Central District of California resolved summary judgment and related motions largely in client's favor, resulting in a claims reduction of nearly $10 million and further limitations on distributions to creditor.
Second chaired non-dischargeability trial in on behalf of individual creditor client who was defrauded out of millions of dollars by horse boarder/trainer in Tennessee; after a week-long trial and significant pre-trial and post-trial briefing, Bankruptcy Court in the Central District of California issued a significant non-dischargeability judgment for client and made other related rulings highly favorable to the client.