Defense

A former employee sued client/employer after being fired while pregnant, claiming over $500,000 for sex discrimination and violations of California’s meal and rest period wage laws. The jury returned a verdict in favor of client on all causes of action.

Unlawful detainer actions by gas station sub-franchisor were brought against clients, three gas station fee operators, after termination of their leases. Under recent releases by the California Commissioner of Corporations, a franchise defense was successfully presented, which had never before been applied or decided, resulting in a court judgment in favor of all clients for possession of the gas stations and an award against the sub-franchisor for $170,000 for the clients’ attorneys’ fees and costs.

After succeeding in unlawful detainer actions brought against them by sub-franchisor, clients/ business owners brought suit against ConocoPhillips Company, alleging multiple claims for breach of contract, fraud, and unfair competition resulting from prior false promises to sell the land for each station to the clients. After two years of vigorous litigation, a settlement was reached resulting in the sale of the real properties to clients for prices substantially lower than current fair market values.

Clients, multiple automobile dealerships and individual dealership owners, were sued in over thirty actions by former customers claiming violations of consumer laws and various vehicle codes, resulting in court judgments and arbitration decisions in favor of the dealerships/owners in each and every case.

A probate action was brought against client by his brother, contesting their deceased sibling’s will, which left all assets to client. Court found in favor of client, and entered a judgment against the brother for client’s costs.

Plaintiff alleged fraudulent business practices against clients, his partners in a real estate investment, claiming over $250,000 exclusive of punitive damages. The jury returned a verdict in favor of the clients.

In an action by the City of San Jacinto against client/property owner whose commercial tenant operated a marijuana dispensary at the property, a settlement of a “walk-away” was reached on the eve of trial after never before advanced constitutional arguments proved meritorious. The victory was a first for a property owner against the City. The City had prosecuted many property owners for the same alleged violations, all resulting in substantial and devastating judgments and settlements in favor of the City.

Where a former employee filed an action with the Labor Board against client/employer, claiming non-exempt status and seeking over $100,000 in overtime wages, after an extensive hearing, the Labor Commissioner decided in favor of the client and awarded nothing to the former employee.

After nearly going out of business due to a wrongful death suit and other financial hardships, an elderly care homes business filed for Chapter 11 Bankruptcy, resulting in modifications to several real properties, confirmation of the business’ proposed plan of reorganization and dismissal of the wrongful death action. The business continues to operate under its self-designed plan to repay creditors, and is once again profitable.

A food manufacturing company was devastated by a recall of its meat distributors’ products. After the company’s plan of reorganization was confirmed, internal disputes between company executives nearly caused reorganization to collapse, but the company was saved after approval by the court of the sale of the company’s asset. As a result, more than 100 employees retained employment and many more have gained employment as the company’s value continues to substantially grow.