Case Results

EXAMPLES OF CASES

The following are some of the recent successes of our attorneys on cases on which they have worked:

  • Successfully obtained an appellate court reversal of the trial court's order that its client, a dissolved corporation, was required to produce its tax returns in discovery. The lower court held that the corporation, because it was dissolved, no longer maintains a privilege for its tax returns. The appellate court reversed, holding that the dissolved corporation still retained the right to assert the privilege. America Constructors, Inc. v. Superior Court (Federal Insurance Co.), 2014, Second Dist. Court of Appeal, Case No. B252555 (unpublished).
  • Obtained a defense verdict after a month and a half trial in a case where plaintiff, a majority corporate shareholder and director, was seeking $13,456,878.14 in direct damages and in a shareholder derivative suit for alleged fraud, breach of contract, interference with prospective economic advantage and breach of fiduciary duties against the corporation and other corporate directors, as well as declaratory relief and appointment of a receiver on behalf of the corporation. Charles Reynolds v. Virtual CSR, Case No. 1-10-CV 171079 (S.C.S.C.2012).
  • Obtained a $1.6 million judgment against the seller of a shopping center on behalf of the purchaser on the ground that the seller had committed fraudulent concealment of material facts during the purchase. Albany Square, LLC v. DCR Management, LLC, Case No. 09.l 7070 (C.C.C.C. 2010).
  • Obtained a defense verdict after trial in a case where one faction of corporate directors sought to oust another faction off the board following a dispute over direction of the corporation and a series of resignations and firings. Helmy, et al. v. Assaf, et al., Case No. 07CC10169 (O.C.S.C. 2009). Also briefed, argued and won an appeal on this case. Helmy, et al. v. Assaf, et al., Case No. G041883 (Cal. Appeals, 4th Dist 2010).
  • Obtained summary judgment that an insurance company had acted in bad faith when it refused to defend its insured in litigation; then obtained a favorable confidential settlement on behalf of the assignee of the insured. Legacy Partners v. Admiral Insurance Co., Case No. BC 299268 (L.A.S.C. 2004).
  • Obtained a $9.5 million judgment in a case against a roofing repair contractor that negligently failed to repair roofing leaks at a multifamily residential apartment complex, causing additional damages. Lincoln Malibu Meadows, et al. v. Hughes Roofing, et al., Case No. LC044720 (L.A.S.C. 2002). Also briefed, argued and won an appeal on that case. Lincoln Malibu Meadows, et al. v. Hughes Roofing, et al. (Cal. Appeals, 2nd Dist 2002), Lexis No. 3276.
  • Obtained a $2.1 million settlement on the fourth day of trial against a General Contractor and its glass subcontractors and manufacturers in a case involving defective glass installed in a Southern California office complex. A.H. Warner Center Properties, etc., et al. v. HCB Contractors, etc., et al., Case No. BC 137839 (L.A.S.C.1999).
  • Successfully applied jurisdictional principles to Internet commerce and obtained a complete dismissal of a trademark/copyright case against an Internet Search Engine on the ground that it had no significant contact with the state in which it was sued. Elliott v. Market Resources International, et al., Case No. 98-451-CIV-ORL-19A (M.D. FLA 1999).
  • Obtained a dismissal of charges of significant past-due rents on a 10-year commercial lease and obtained a monetary settlement from the landlord of a major Southern California radio station on the ground that the landlord significantly changed the character of the commercial premises after entering into the lease. A.S.C. of Pomona, Inc. v. P&A Centers, Ltd., Case No. KC023752 (L.A.S.C. 1999).
  • Obtained a favorable settlement on behalf of the owner of a radio station against a broker who allegedly brokered the sale without disclosing a conflict of interest. A.S.C. of Pomona, Inc. v. Grandy, Case No. 778436 (O.C.S.C. 1998).
  • Obtained a significant multimillion-dollar monetary settlement on behalf of a major sports coach against the NCAA after protracted and vigorous litigation. Tarkanian v. NCAA, Case No. A314006 (Nev. 1998).
  • Obtained a $2.5 million verdict on behalf of a Southern California Real Estate Developer against attorneys who were alleged to have breached their professional duties to the client. Rancho Vista Development Co. v. Richards, Watson & Gershon, Case No. BC076759 (L.A.S.C. 1998).
  • Obtained a complete dismissal of a fraud/breach of contract lawsuit against a manufacturer of plastic pallets arising from a securities contract by the assignee of the securities packager. Ripley v. Atlas Pallet Systems, Inc., Case No. SCV 31483 (S.B.S.C. 1997).
  • In an action between the inventor of an electronic time clock product and his former employer for trade secrets violations and other similar claims, obtained a favorable confidential settlement on behalf of the inventor. Time Control, Inc. v. Sibel, Case No. 744761 (O.C.S.C. 1996).
  • Obtained a $6.5 million settlement against a trucking company and the City of Stanton on behalf of a man who was rendered a quadriplegic as the result of a traffic accident. Jimenez v. Warren, Case No. 707799 (O.C.S.C. 1995).

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David Kani & Steve Hochfelsen are represented by Elite Lawyer Management, managing agents for America's best attorneys.