Notable Results

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Litigation Results

 

Jury Trial (San Diego Superior Court) — Eighteen-month old Plaintiff swallowed a 3Volt lithium “button” battery that became lodged in her esophagus and undetected for three weeks resulting in catastrophic internal injuries that were life-threatening. Claim of product defect of bathroom scale for failure to protect toddlers from access to the battery. Successful resolution of claim for defense after three weeks of trial.

Jury Trial (Los Angeles Superior Court) — Nine year old Plaintiff suffered skull fracture, TBI and loss of vision from the roll-over of the ATV that he was driving when his head impacted the hard-packed ground. Claim of defect in the seat-restraint system. Pre-trial demand: $14.5M. Successful resolution of claim for the defense after three weeks of trial leveraged by legal defense of component-part manufacturer.

Jury Trial (Stockton Superior Court) — Wrongful death of jewelry store owner during robbery when the parking lot lights went out. Claim of negligent repair of lights by service company the day of the incident. Plaintiffs’ counsel argument to the jury: $30M. Successful resolution of case for the defense with an offer in the fourth week of trial.

Jury Trial (Los Angeles Superior Court) — Wrongful death of two pilots of logging helicopter in Alaska. Claim of defective component on helicopter that caused crash. Successful resolution of claim for the defense with offer in the fourth week of trial.

Jury Trial (United States District Court Southern District of CA) — Crash of helicopter that was photographing the “around the world” balloon attempt. Claim of failure of component in the helicopter and defective design that cut that cut off the fuel to the engine. Defense verdict.

Jury Trial (Superior Court San Bernardino) — Plaintiff’s eye destroyed when a filter regulator failed on a high-pressure tank. Claim of failure to put PSI rating on filter regulator. Jury verdict for less than pre-trial offer.

Jury Trial Defense Verdict (Superior Court Hayward) — Crash on landing of Cessna aircraft allegedly due to improper repairs by FBO.

Jury Trial Defense Verdict (Superior Court Humboldt County) — Crash of BD-5 allegedly due to failure of FBO to comply with Airworthiness Directive.

Jury Trial (Superior Court Los Angeles: CCW) — Plaintiff claimed pulmonary interstitial fibrosis from exposure to certain chemicals. Successful resolution for the defense after five weeks of trial.

Jury Trial (Superior Court Los Angeles-Norwalk) — Bike v. Car collision in crosswalk. Demand in excess of $2M. Jury verdict for $1,800 and Plaintiff found 80% at fault.

Jury Trial ( Santa Monica Superior Court) — Bike v. Car collision. Demand to jury $318,000 for displaced comminuted left distal ulna fracture requiring open reduction internal fixation and subsequent pin removal. Verdict favoring defense after five day jury trial.

Jury Trial (United States District Court of Nevada) — Insurance bad faith claims against Lloyd’s of London for hull adjustment of theft loss to insured DC-8 that had been chartered to Fleetwood Mac. Minimal damage award and no finding of “bad faith.” Upheld on appeal by the Ninth Circuit. (Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 228.)

Seminal case regarding the use of the Fifth Amendment privilege against self-incrimination by a witness at a civil deposition while the target of investigation by the federal government for alleged Civil Rights Violations under “color of law” (18 U.S.C. sec. 242). (Fuller v. Superior Court, 87 Cal.App.4th 299)

Summary judgment granted (United States District Court Central District CA) — Plaintiff demanded $275,000 for alleged injuries from design of athletic shoes that resulted in surgery.

Summary judgment granted (Los Angeles Superior Court) — Wrongful death of driver who was impaled by fractured leaf-spring from truck while driving on the 5 Freeway.

Summary judgment granted (United States District Court Central District of CA) — Subrogation case for fire damage ($750,000) to residence allegedly caused by consumer product.

Dismissal for waiver of costs (United States District Court Northern District of CA) — Plaintiff demanded $835,000 for fracture of medical instrument during knee surgery that resulted in severe complications and infection. Case dismissed prior to hearing on Motion for Summary Judgment

Dismissal for waiver of costs (United States District Court Northern District of CA) —  Plaintiff demanded $835,000 for fracture of medical instrument during knee surgery that resulted in severe complications and infection.  Case dismissed prior to hearing on Motion for Summary Judgment

Summary judgment granted (United States District Court Central District CA) —  Plaintiff demanded $275,000 for alleged injuries from design of athletic shoes that resulted in surgery.

Jury Trial Defense Verdict (Superior Court Hayward) —  Crash on landing of Cessna aircraft allegedly due to improper repairs by FBO.

Jury Trial Defense Verdict (Superior Court Humboldt County) —  Crash of BD-5 allegedly due to failure of FBO to comply with Airworthiness Directive.

Jury Trial (Superior Court Los Angeles: CCW) —  Plaintiff claimed pulmonary interstitial fibrosis from exposure to certain chemicals.  Successful resolution for the defense offer after five weeks of trial.

Jury Trial (Superior Court Los Angeles-Norwalk) —  Bike v. Car collision in crosswalk.  Demand in excess of $2M.  Jury verdict for $1,800 and Plaintiff found 80% at fault.

Jury Trial (United States District Court of Nevada) —  Insurance bad faith claims against Lloyd’s of London for hull adjustment of theft loss to insured DC-8 that had been chartered to Fleetwood Mac.  Minimal damage award and no finding of “bad faith.”  Upheld on appeal by the Ninth Circuit.  (Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 228.)

Seminal case regarding the use of the Fifth Amendment privilege against self-incrimination by a witness at a civil deposition while the target of investigation by the federal government for alleged Civil Rights Violations under “color of law” (18 U.S.C. sec. 242).  (Fuller v. Superior Court, 87 Cal.App.4th 299)

Dismissal for waiver of costs (United States District Court Northern District of CA) —  Plaintiff demanded $835,000 for fracture of medical instrument during knee surgery that resulted in severe complications and infection.  Case dismissed prior to hearing on Motion for Summary Judgment

Summary judgment granted (United States District Court Central District CA) —  Plaintiff demanded $275,000 for alleged injuries from design of athletic shoes that resulted in surgery.

Summary judgment granted (Los Angeles Superior Court) —  Wrongful death of driver who was impaled by fractured leaf-spring from truck while driving on the 5 Freeway.

Summary judgment granted (United States District Court Central District of CA) —  Subrogation case for fire damage ($750,000) to residence allegedly caused by consumer product.

Jury Trial (San Diego Superior Court) — Eighteen-month old Plaintiff swallowed a 3Volt lithium “button” battery that became lodged in her esophagus and undetected for three weeks resulting in catastrophic internal injuries that were life-threatening. Claim of product defect of bathroom scale for failure to protect toddlers from access to the battery. Successful resolution of claim after three weeks of trial.

Jury Trial (Los Angeles Superior Court) — Nine year old Plaintiff suffered skull fracture, TBI and loss of vision from the roll-over of the ATV that he was driving when his head impacted the hard-packed ground. Claim of defect in the seat-restraint system. Pre-trial demand: $14.5M. Successful resolution of claim for the defense offer after three weeks of trial leveraged by legal defense of component-part manufacturer.

Jury Trial (Stockton Superior Court) — Wrongful death of jewelry store owner during robbery when the parking lot lights went out. Claim of negligent repair of lights by service company the day of the incident. Plaintiffs’ counsel argument to the jury: $30M. Successful resolution of case for the defense with an offer in the fourth week of trial.

Jury Trial (Los Angeles Superior Court) — Wrongful death of two pilots of logging helicopter in Alaska. Claim of defective component on helicopter that caused crash. Successful resolution of claim for the defense with offer in the fourth week of trial.

Jury Trial (United States District Court Southern District of CA) — Crash of helicopter that was photographing the “around the world” balloon attempt. Claim of failure of component in the helicopter and defective design that cut that cut off the fuel to the engine. Defense verdict.

Jury Trial (Superior Court San Bernardino) — Plaintiff’s eye destroyed when a filter regulator failed on a high-pressure tank. Claim of failure to put PSI rating on filter regulator. Jury verdict for less than pre-trial offer.

Appeals Results

 

Plaza La Reina v. Gin Wong Associates (2016) California Court of Appeal Case No. B260577 — Represented architect in dispute over interpretation of joint defense agreement with former client in subsequent litigation over construction project. Obtained affirmance of complete dismissal of client.

State Ready Mix v. Moffatt & Nichol (2015) 232 Cal.App.4th 1227 — Design professional client faced substantial indemnity obligation for concrete failure on pier. Obtained affirmance of demurrer dismissal, in a precedent-setting application of economic loss rule to design professionals.

Simpson v. Kroger Corporation (2013) 219 Cal.App.4th 1352 — Represented class action plaintiffs in a false advertising action. Published opinion clarified the law on federal preemption in the food labeling arena.

Fillpoint v. Maas (2012) 208 Cal.App.4th 1170 — Represented former employee in client solicitation case. Published opinion helped explain California law on noncompete covenants associated with the sale of a business.

Lewon Investments v. Golden Globe Enterprises (2012) 2012 WL 5504906 — Represented commercial landlord in protracted fight over grocery store premises that spawned oversized appellate briefs. Obtained affirmance of more than $700,000 judgment in case that enforced a liquidated damages rent recapture lease provision and related arbitration award issues.

Kurvink v. Kurvink (2012) 2012 WL 3896820 — Represented one sibling in probate dispute. Obtained affirmance of multi-million dollar judgment and injunction for client on complex probate issues involving life insurance trusts and surcharges.

Jules Jordan Video, Inc. v. 144942 Canada Inc. (9th Cir. 2010) 617 F.3d 1146 —District court had partially vacated multi-million-dollar jury verdict for client in a movie counterfeiting case. Obtained reinstatement of monetary verdict, in a precedent-setting application of copyright standing and preemption of right of publicity claims. Successfully resisted certiorari petition to Supreme Court and obtained summary affirmance from Ninth Circuit in a follow-up appeal by opposing party.

Toyota Motor Sales, U.S.A., Inc. v. Tabari (9th Cir. 2010) 610 F.3d 1171 —Published opinion clarified nominal fair use defense in the arena of domain name trademark infringement.

Ruttlen v. County of Los Angeles (2009) 2009 WL 1875266 — Represented county defendant and individual officials in defamation suit by emergency room nurse after high-profile death of patient in emergency room.  Obtained reversal and dismissal of case under the anti-SLAPP statute.

Halicki v. Carroll Shelby International (9th Cir. 2008) 547 F.3d 1213 —District court had granted summary judgment for opposing party in high-profile dispute over Eleanor star car character in the Gone In 60 Seconds movie. Obtained reversal in a much-cited opinion that explored the copyrightability of non-human movie characters, as well as related trademark and contract interpretation issues.

Gallanis-Politis v. Medina (2007) 152 Cal.App.4th 600 — Represented institutional client in defending an employment suit by a former employee. Obtained affirmance of dismissal on an anti-SLAPP motion. Oft-cited published opinion clarified how courts should treat mixed causes of action under the anti-SLAPP statute.

Tolwin v. Cedars-Sinai Medical Center (2007) 2007 WL 451245 — Represented hospital defendant.  Obtained affirmance of summary suspension of physician’s staff privileges.  Resisted challenge to hospital’s peer review system as being violative of California law.

Baumgardner v. Yusuf (2006) 144 Cal.App.4th 1381 — Represented physician defendant.  Opinion set new precedent on the captain of the ship doctrine, as well as dealt with issues of the res ipsa loquitur doctrine and a surgeon’s nondelegable duties.

McCormick-Gordon v. Cedars-Sinai Medical Center (2005) 2005 WL 236558 — Represented hospital defendant in medical malpractice case.  Obtained affirmance of summary judgment on issues of exclusion of plaintiff’s expert’s declaration and inapplicability of res ipsa loquitur doctrine.

Sargon Enterprises, Inc. v. University of Southern California (2005) 2005 WL 435413 — Obtained reversal of judgment and new trial in multi-million-dollar dispute on dental implants.  Opinion reversed exclusion of lost profit damages on foreseeability analysis, as well as award of attorney fees and costs.

Vogel v. County of Los Angeles (2004) 2004 WL 551377 — Represented institutional defendant.  Obtained reversal for defendant under the anti-SLAPP statute on finding that sheriff’s deputy’s testimony and conduct at civil trial was protected under the statute.

Burch v. Children’s Hospital of Orange County, etc. (2003) 109 Cal.App.4th 537 — Represented defendant in catastrophic car accident case with some $50 million in damages.  Obtained affirmance of denial of over $4 million in pre-judgment interest and expert costs under C.C.P. § 998.  Decision set precedent for how to handle unapportioned 998 offers to multiple defendants.

Lance Camper Mf’g Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194 — Obtained reversal for company against its workers’ compensation insurer.  Case set new precedent on issue of exhaustion of administrative remedies in suits against workers’ compensation carriers.