Litigation

• Second chaired a three-week jury trial wherein a Judgment was obtained in favor of the firm’s client in a misappropriation of trade secrets case against former employees who misappropriated trade secrets to start a competing company.
• Lead counsel for an arbitration involving claims of breach of commercial lease on behalf of a commercial landlord obtaining a judgment in favor of the landlord.
• Second chaired a three-week jury trial involving claims of breach of contract and forgery obtaining a complete victory for the landlord.  Responsible for all briefing on appeal with the Second Appellate District affirming the verdict in client’s favor, which resulted in client recovery over two million dollars in attorney’s fees from the opposing party.
• Successfully brought a motion for summary judgment in an interpleader action in which the trial court determined that firm’s client was the only party entitled to the proceeds from an insurance policy.  Represented the client on appeal of the matter and the trial court’s ruling on summary judgment was affirmed on appeal.
• Successfully brought a motion for summary judgment in client’s favor on complaint for breach of commercial lease resulting in client being awarded hundreds of thousands of dollars in damages and attorney’s fees.
• Successfully defended commercial developer against claims for fraud and breach of contract in which the plaintiff sought millions of dollars in damages from client.
• Second chaired a bench trial regarding claims for declaratory relief and breach of commercial lease with damages in excess of $2.7 million.  
• Represented client in arbitration in which claimant alleged that client was liable for in excess of $22 million in damages for breach of joint development agreement related to multiple commercial properties.  After two weeks of arbitration the arbitrator found in client’s favor on all causes of action asserted against him and awarded client his attorney’s fees and costs incurred in defending the action.
• Represented steel importer and distributor in action for claims of breach of contract and breach of guaranty against client’s customer.  Reached a settlement in client’s favor on the eve of trial.
• Represented client in defending against claims of breach of contract and reached a favorable settlement prior to trial.
• Represented commercial landlord in action for breach of lease against commercial tenant. Reached favorable settlement after filing application for pre-judgment writ of attachment.
• Represented client in an adversary action against the debtor seeking the non-dischargeability of client’s debt due to debtor’s fraud. Reached a favorable settlement prior to trial.
• Represented landlord in commercial unlawful detainer action that resulted in favorable settlement in the middle of a jury trial.
• Represented third party Beverly Hills Mansion, LLC in claim to funds that were levied upon by the plaintiff in the action based on allegations of fraudulent transfers.  In December 2019, the Fourth Appellate District issued its opinion reversing the trial court’s judgment denying client’s third party claim and remanded the case to the trial court with an order that the trial court enter judgment in favor of firm’s client, Beverly Hills Mansion, LLC, on its third party claim to levied funds.
• Obtained judgment after court trial in favor of owner/ground lessor in its disputes with ground lessee involving multi-million-dollar possessory tax and other ground lease issues involving a Newport Harbor frontage commercial building.
• Prosecuted numerous claims for final payments and/or extra-contract payments due on behalf of both contractors and subcontractors on construction projects, including foreclosure of mechanic’s liens, all resulting in favorable settlements on behalf of those clients.
• On multiple occasions represented a manufacturer of cast iron pipes and fittings in construction defect litigation regarding various residential high rise units in San Diego, resulting in a favorable settlement for the client in each matter.
• Represented a manufacturer of large diameter PVC pipe against claims that, during the testing of a system in which the pipe had been installed, the pipe exploded and caused serious injury to the worker performing the test. Following discovery in the case and a settlement process which included an advisory jury which hearing the positions of all parties and giving an advisory opinion, the matter was favorably settled.
• Represented a general contractor in a claim for extra time charges resulting from delays beyond the control of the contractor on a project in the Port of Los Angeles, resulting in a jury verdict awarding the contractor the additional compensation due and, under the terms of the contract between the parties, the attorneys’ fees incurred in prosecuting the claim.
• Represented a limited partner against claims that he had overstepped his role in a limited partnership such that he had become personally responsible for the partnership debts. Following a one week trial the jury determined that the client has no such liability.
• Represented a manufacturer of conveyor systems against claims that a component of one of those systems — a gate that could be raised in order to walk through the conveyor line – had failed to stay upright as intended, fallen on the head of an employee and caused bodily injury to that employee. Following a three week trial, the jury determined that the conveyor system was not defectively manufactured and could not have caused the alleged injury.
• Represented a client against claims by his prior attorney that, in addition to an hourly fee which was fully paid during the course of prior litigation, the attorney was entitled to a bonus in excess of $350,000 based upon the outcome of that litigation. The jury determined at the conclusion of trial that the claim had no merit.
• Represented the managing partner of a thoroughbred race horse development partnership against claims by the other partners that the partnership had been mismanaged and that the managing partner should pay damages to the partnership. Following a five day court trial, the judge determined that there was no merit to the claims against the managing partner and awarded him the attorneys’ fees he had in incurred in defending himself against those claims.
• Represented a manufacture of cast iron pipes against a claim that one of its pipes was defective, had failed during the testing of a fire suppression system and caused in excess of $400,000 in damages to a furniture store. Following a one month trial, the Court determined that the pipe failure resulted from impact damage to the pipe at the time of installation and not from any defect in the pipe as manufactured.
• Represented a structural steel fabrication and erection company in a claim for extra contractual damages resulting from lengthy delays in the construction of a power plant in the California Central Valley. Following a lengthy trial, the jury awarded the client damages in excess of $2,000,000.
• Represented a manufacturer of illuminated advertising display units placed in large shopping malls against claims by a nationwide shopping center owner that the client had breached the lease whereby by these units had been installed in more than thirty shopping malls throughout the United States. A determination that the lease had been breached and that all of the units should be removed from the shopping centers would have resulted in a loss of more than $15 million to the client. Following a two week trial, the Court determined that there was no basis for the claim of breach of lease and awarded the client its attorney fees and costs – in excess of $350,000 – incurred in defending against the claim.
• Represented a water district against its joint venture partner in a 99 year power generation project.
• Defended national railroad company in a suit brought by a public water agency.  The agency intended to build a canal intertie that crossed tracks owned by the railroad.  The agency contended that its rights to the land were superior and that the railroad was required to either relocate its operations, or pay millions of dollars for the additional cost to tunnel the canal beneath the tracks as opposed to having an open channel canal on the surface of the land.  Obtained a complete defense verdict at trial.
• Represented a staffing company in the prosecution of a federal RICO case involving claims for fraud, breach of fiduciary duty, misappropriation of trade secrets, Lanham Act violations, etc.  Defeated an eight-figure counterclaim on summary judgment and obtained a favorable settlement.
• Represented plaintiffs in a federal case involving claims for breach of contract in connection with the sale of a bushing manufacturer to a large, publicly-traded company.  Defeated an eight-figure counterclaim on summary judgment and obtained a seven-figure judgment, including attorneys’ fees.  Successfully defended the judgment in the 9th Circuit Court of Appeals. Obtained a six-figure damages award in a federal court jury trial against a celebrity defendant who failed to appear for a live performance.
• Prosecuted and defended numerous state and federal cases involving claims for misappropriation of trade secrets by employers against former employees.  These cases often involve seeking or resisting temporary restraining orders and injunctions. Obtained a complete defense verdict after a 10-day jury trial for a former employee sued for trade secret misappropriation and breach of fiduciary duty in connection with the formation of a competing business. Recovered attorney fee awards for numerous defendants sued for trade secret misappropriation in bad faith.
• Represented buyer of a commercial construction company for $25,000,000.
• Represented governmental entity in two projects and the acquisition of more than twenty property interests surrounding the projects.  Handled all aspects of the condemnation, from the City Council adoption of the Resolutions of Necessity and attendance at City Council meetings, through the preparation and filing of the many eminent domain actions, successfully opposing demurrers to the eminent domain complaints, obtaining orders for immediate possession that were heavily contested by property owners, and through judgment and final orders of condemnation.
• Prosecuted claim for reimbursement of all harbor maintenance taxes imposed on beer manufacturer as unconstitutional. Pabst Brewing Co. v. United States, U.S. Court of International Trade Case No. 96-01-00154 (1999)
• Summa Corp. v. California Ex Rel. State Lands Commission, 466 U.S. 198 (1984):  Represented owner of real property in defense of claims by the City of Los Angeles and the State of California to the effect that the property was subject to a public trust easement for navigation, commerce and fisheries.
• Trope v. Katz 11 Cal.4th 274, 292 (1995):  Represented the Los Angeles County Bar Association as amicus curiae in a case involving the recoverability of contractual attorneys’ fees by a law firm that represented itself in the litigation.
• Dawn Investment Co., Inc. v. Superior Court 30 Cal.3d 695 (1982):  Represented an institutional lender as amicus curiae in a case involving the enforceability of a “due on sale” clause in the wake of Wellenkamp v. Bank of America.
• Represented trust company in the defense of multiple consolidated class actions and related individual actions, in California and Montana state courts, alleging claims on a number of different theories arising out of defaults on certain trusts, in which actual damages in excess of $125 million were alleged.
• Represented national moving and storage company in a variety of consumer class actions in various federal and state courts, arising out of policies, practices and procedures of the company.
• Represented founder and large shareholder of manufacturing company in the defense of securities litigation arising out of a “going private” transaction.
• California counsel representing for profit educational company in defense of California class action, arising out of certain courses offered by the company.
• In re Heritage Bond Litigation 546 F.3d 667 (9th Cir 2008): Represented trust company in the defense of multiple class actions and individual cases, in federal and state courts, alleging claims on different theories arising out of defaulted municipal bonds, including cases consolidated by the Judicial Panel on Multidistrict Litigation, in which actual damages in excess of $150 million were alleged.  Appeal involved the scope of bar orders issued by the trial court.
• Obtained summary judgment and an award of attorneys’ fees in favor of a nationwide manufacturing company against a multi-million dollar complex breach of contract claim involving a real estate agreement and a bankruptcy.
• Effectively protected the trade secrets of a supply company from a former employee who misappropriated and divulged confidential information to a competitor.
• Represented former employees of tax-services company in a breach-of-contract action against the company; obtained favorable settlement.
• Represented leading employee placement agency on breach of contract, and cross-claims for fraud.  Conducted 5 day bench trial, and obtained favorable judgment on complaint and cross-complaint, which included a post-judgment award of attorneys’ fees and costs.  Through post-judgment enforcement measures, obtained full satisfaction of the principal judgment and attorneys’ fees and costs awarded.
• Represented major chemical distributor in several complex litigation cases alleging claims for strict products liability, breach of implied warranty, and negligence.  After protracted litigation, successfully negotiated settlements involving nominal monetary amounts when damages alleged by the Plaintiffs for toxic exposure to chemicals exceeded millions of dollars in each case.
• Prevailed on summary judgment in a legal malpractice, breach of fiduciary duty, and breach of contract lawsuit filed against large California law firm.  Successfully defeated Plaintiffs’ motion for reconsideration of summary judgment order, and had judgment affirmed on appeal to the California Court of Appeal.  Obtained a post-judgment award of costs in trial court action and costs incurred on appeal.
• Obtained summary judgment in favor of individual defendant for alleged civil rights violations under 42 U.S.C. § 1983 in United States District Court for Central District of California.  Successfully defeated appeal filed by Plaintiff with the Ninth Circuit Court of Appeals, which confirmed the entry of summary judgment against Plaintiff.  Obtained post-judgment award for attorneys’ fees and costs of suit under 42 U.S.C.A. § 1988(b) and Rule 54 of the Federal Rules of Civil Procedure.  Currently enforcing and collecting judgment and attorneys’ fees and costs awarded against judgment debtor.
• Successful defense obtained after highly contested trial of quiet title action involving multi-million dollar residential real property in Beverly Hills.
• Represented fiber optic cable manufacturer in products liability, fraud, and breach of contract claims, including representation of individual officers and employees on fraud claims, which arose from the alleged defective manufacturing, assembly, and testing of specially ordered fiber optic cable installed in national telecommunications disaster recovery center.  Successfully defeated summary judgment motion on fraud and breach of warranty claims involving multi-million dollar damage claims, and thereafter obtained favorable settlement for manufacturer.
• Obtained judgment for commercial landlord against tenant after unlawful detainer trial in Los Angeles Superior Court, and thereafter successfully enforced judgment.
• Represented production company and its principal owner in connection with celebrity’s complaint for statutory and common law right of publicity, negligence, breach of contract, and Lanham Act violation claims.  After mediation and extensive subsequent settlement negotiations, obtained highly favorable settlement.
• Represented leading California commercial and residential pest control company in a variety matters, including misappropriation of intellectual property and trade secrets, unfair competition, breach of employment agreement, intentional interference with contractual business relationship and prospective economic advantage, and trade libel.
• Represented individual officer and director of national apparel retailer on fraud claims filed as an adversary complaint within the Chapter 7 bankruptcy proceedings before the United States Bankruptcy Court for Central District.  After completion of key party depositions and written discovery, negotiated highly favorable settlement of fraud complaint asserted by account receivable creditor, who had provided factor financing.
• Represented drywall contractor in multi-party complex construction defect litigation action against developer, general contractor and various subcontractors in connection with residential developments in Santa Clarita, California.
• Represented a national railroad company in a case for inverse condemnation and breach of contract against a city government.  The city failed to adequately plan for flooding resulting from commercial development in the high desert watershed, causing significant property damage.  Defeated summary judgment and obtained a multi-million dollar settlement.
• Defended title insurer against claims related to a title reinsurance program and alleged RESPA and RICO violations.
• Represented insured party in lawsuit against insurer and subcontractor involving insurer’s bad faith denial of insurance coverage and subcontractor’s negligence and breach of indemnification agreement.  Lawsuit also included insured’s claims for business interference arising out of its client’s termination of service agreement due to insurer’s and subcontractor’s failure to pay out damage caused to aerospace plant facilities by subcontractor.  After mediation and subsequent settlement discussions, obtained favorable settlement.
• Obtained summary judgement for a university against person injured at a fraternity party.  (University of Southern California v. Superior Court (2018) 30 Cal.App 5th 429.)
• Represented general contractor against commercial building owner and construction lender in claims for non-payment, and defended general contractor against related subcontractor claims.
• Obtained favorable settlement on quiet title, partition, declaratory relief action, including resolution of client’s cross-claims for adverse possession, which claims arose out of breach of joint venture agreement involving million dollar residential home in Beverly Hills, California.
• Represented executors and trustees in probate court in various matters involving creditor claims and trust administration. Obtained a seven-figure damages award in a case involving financial elder abuse, and successfully upheld the award on appeal.  (Kerley v. Weber (2018) 27 Cal.App 5th 1187.)
• Successfully obtained dismissal, via sustained demurrer, of trade libel cross-claims against individual property owner arising out of construction defect action against general contractor.  Thereafter, obtained favorable settlement obtained for property owner, including payments by general contractor to property owner for breach of contract and construction defects claims.
• Represented lessor in construction defect case, and obtained favorable pre-litigation settlement requiring contractor to immediately perform corrective work, and grant extensive indemnification obligations to property owner for any further defective work.
• Obtained favorable settlement of complaint alleging numerous violations of the Americans with Disabilities Act filed in the United States District Court for Central District of California against restaurant and property owner in La Cañada, California.
• Obtained $1.2 million dollar judgment in lessor’s favor in a breach of commercial lease, breach of lease covenants, and waste action.
• Successfully defended some of the largest pesticide applicators in the United States in jury trials with claims arising out of alleged exposures to a large variety of hazardous substances including pesticides, such as fumigants and organophosphates, and herbicides.  Also, successfully defended cases involving various claims of medical conditions such as “multiple chemical sensitivity,” “chronic fatigue immune deficiency syndrome” and “reactive airway dysfunction syndrome.”  Successful defense of clients on asbestos claims concerning mesothelioma.
• Successful representation of the world’s largest soft drink manufacturer and bottler in wrongful death actions, product liability claims, “exploding bottle” litigation, slip and fall matters and automobile liability defense.
• Obtained summary judgment on behalf of defendant accused of breaching royalty agreement in connection with licensing of computer “flow charts” underlying regulatory banking software.  Decision upheld by United States Court of Appeals for the Ninth Circuit.
• In the area of construction defect matters,  representation of  a variety of pest control operators, general contractors and subcontractors in breach of contract and negligence claims.  Successfully defended numerous different trades in large, multi-party actions involving construction projects of more than ten million dollars.
• On behalf of large interstate railroad, obtained summary adjudication of all damage claims asserted against railroad in action involving viability of railroad easement.  Railroad eventually obtained judgment in its favor on all remaining claims at trial.  Judgment upheld by California Court of Appeal.
• Represents several large commercial property owners whose portfolios include  shopping centers, malls and strip centers.  Representation involves negotiating and renegotiating lease terms, and in bringing suit to evict tenants who are in default of various provisions of their leases.
• Represented landowner involved in a dispute with a neighboring sewage treatment plant regarding scope of easement to discharge treated effluent on landowner’s property.  Successfully brought “anti-SLAPP” motion against sewage treatment company on grounds that the sewage treatment company was attempting to infringe on landowner’s first amendment rights of free speech and petition. Sewage treatment company has appealed and the appeal has been fully briefed. The parties are currently awaiting oral argument.
• Long term representation of a build-and-hold developer of office properties, advising the client regarding the voluntary cleanup of contaminated brownfields, obtaining no further action letters so that development may proceed and successfully prosecuting cost recovery actions against responsible parties.  Recently, assisting this client in successfully obtaining public financing for a new project when conventional, private financing was unavailable due to the credit crisis.
• In July, 2010, defended prominent Los Angeles law firm in action for legal malpractice, breach of fiduciary duty and conflict of interest.  Won an anti-SLAPP motion which resulted in dismissal of the case and received an attorney fee award against plaintiffs.
• Defended a general contractor in an arbitration against a property owner charging breach of contract, fraud, construction defects and bodily injury.  Defeated claims exceeding $4 million and limited contractor’s liability to $60,000.
• Defended a large residential developer in an action by the condominium HOA and owners attacking the CC&Rs and alleging fraud in the sale of units and many claims for equitable relief.  Was sole attorney in the 10 week trial in Indio, which resulted in a judgment for the developer.
• In a December 2007 opinion published by the Bankruptcy Court, which was affirmed by the District Court on appeal in 2009, obtained permission to sue a Chapter 11 trustee on behalf of a bankruptcy estate for the alleged improper handling of estate assets, which resulted in alleged losses that reduced the potential payout to creditors. In 2015, the matter was settled by a $500,000 payment by the trustee’s insurance carrier.
• In 2010, obtained a stipulated judgment and a related settlement secured by real property from a defendant and his family members, who had allegedly engaged in fraudulent transfers of the family’s four real properties to avoid payment of a $600,000 debt owed to the client.
• Represented well-known celebrity client as a debtor-in-possession in his individual Chapter 11 case.  When that case and the companion case of his company were converted to Chapter 7,  acted as special litigation counsel in 2007 and 2008 to the court-appointed Chapter 7 trustees in connection with a claim based upon a $104,000,000 default judgment against the debtors. Result was Court-approved settlement of that claim that was very favorable to the Chapter 7 estates.
• Took over the defense of a defendant group in a $40 million fraudulent transfer case in which the defendants were the subject of an onerous preliminary injunction issued by the Bankruptcy Court that was accompanied by very prejudicial findings against the defendants.  The case turned upon a complex accounting of monetary transfers.  In a complete turnaround, within a year, brought and obtained a summary judgment motion through which the clients completely prevailed in the case on all claims and the preliminary injunction was vacated. At trial before the Bankruptcy Court in 2013, successfully defended $10 million fraudulent transfer litigation brought by Chapter 11 trustee, which was affirmed on appeal.
• Represented plaintiff in a 210-day jury trial of a real estate fraud action against the seller of the property.  That trial is believed to be one of the longest civil case trials in the history of the California court system.  The case was affirmed on appeal, after which a multi-million dollar settlement was promptly paid by the seller.
• Obtained summary judgment in favor of client who was accused of infringement of a patent for a method of searching data, as well as summary judgment on related trade secret and breach of contract claims.
• Obtained  summary judgment of literal infringement in favor of an inventor on a patent for a commercial product in wide use.
• Successfully handled two 146 actions in District Court following decisions by the Board of Patent Interference, wrote the briefs and argued the appeal before the Federal Circuit Court of Appeal
• Handled well over 50 cases involving claims against employees who changed employment and were accused of taking confidential information of their former employer.  Have represented employers and employees in these cases which often involve seeking or resisting Temporary Restraining Orders and injunctions.  Many of these cases were resolved on summary judgment, and some resolved by trial.
• Tried to a jury a misappropriation of trade secrets claim involving the purported theft of an idea for a product.  After a hung jury, persuaded the trial court to award judgment as a matter of law, affirmed on appeal.
• Successfully defended two employees through a favorable jury verdict who were accused of complicity in a case involving misappropriation of trade secret paint formulas.
• Obtained injunctive relief, and ultimately a favorable resolution of the action for a client in a case involving copyright violations incident to theft of database case. The parties had collaborated on a business venture which required sharing of data for a specific project.  We proved that following the project, the contracting party had retained and used our client’s data to fill in gaps in the contracting party’s database.
• Obtained injunctive relief, and ultimately favorable resolution of an action which accused a client’s competitor of copyright infringement in the format and layout of the structure of a searchable database, while at the same time obtaining summary judgment on the competitor’s antitrust counter-claim.
• Successfully represented a major producer of salsa in litigation to protect their thermometer trademark.
• Defended major golf course owner/operator sued in a certified class action by current and former home owners and country club members seeking damages of over $40 million for allegedly void transfer fees arising from easement provisions in recorded CC&Rs.  Was sole counsel for defendant at trial which resulted in judgment for defendant and was sole attorney for respondent on appeal which affirmed the judgment for the golf course owner.
• Defended two well-known Southern California law firms against charges of malicious prosecution, obtaining dismissal of action based on successful SLAPPback motion and successfully defended the judgment on appeal, resulting in opinion confirming that the clients had probable cause to bring the underlying action.
• Handled writ of mandate petition that resulted in Supreme Court determination, as matter of first impression, that settlement agreements must be signed by the parties, not just by the lawyers, to be summarily enforceable under Code of Civil Procedure §664.6.
• Persuaded the Court of Appeal to overrule a well established 15-year old precedent to find that that the voluntary release of a lapsed claim of mechanic’s lien does not preclude the claimant from filing a foreclosure action based on a new claim for the same work.
• Established as a matter of first impression that precedent that permits “bifurcated divorce,” allowing dissolution of marriage before division of community property, as an exception to the one judgment rule.  Sole appellate counsel on appeal determining as matter of first impression that a plaintiff’s voluntary dismissal of an action for economic reasons does not constitute the favorable termination necessary to support a claim of malicious prosecution.
• Handled trial court and appellate proceedings that made new law in the areas of class action discovery.
• Represented pharmaceutical manufacturer in successful trial to obtain refund of sales and use taxes from State of California, then briefed and argued appeal affirming the judgment based on new interpretation of statutory definition of “medicine”.
• Represented literally hundreds of property owners whose property has been condemned by federal, state and local governmental entities, special districts, and utilities.  This representation has involved all types of property from high rise office buildings, industrial parks, shopping centers, residential developments, apartment buildings, farmland, and unimproved land.  Many of these cases have gone to jury trial at which our clients prevailed, but the overwhelming majority settled before trial.
• Successfully represented client in obtaining a $15,500,000 settlement of partial taking eminent domain case after appeal.
• Represented hundreds of business owners in loss of business goodwill claims caused by condemnation, as well as claims for improvements, inventory and mitigation expenses.  The subject businesses included, amongst others, gasoline and service stations, markets and mini-marts, retail chains, restaurants, discount stores, theatres, and industrial plants.
• Successfully prevented the condemnation of properties sought for public uses.
• Successfully prevented the condemnation of property based upon the condemnor’s failure to comply with CEQA prior to initiation of the condemnation action.
• Successfully prevented the condemnation of property based upon redevelopment agencies’ failures to offer owner participation rights to condemnees.
• Prevailed at trial with verdict of $84,700,000 in an eminent domain case involving the attempt by the State and City to condemn Los Angeles Union Station; our clients were awarded their fees and costs incurred after the State and City abandoned the taking due to the size of the verdict.  State of California v. Union Pacific Land Resources (1985)  179 Cal.App. 3d 307.
• Prevailed on appeal in an inverse condemnation case involving the El Capitan Theatre.  The retrial led to a finding of liability after which the case settled.  Our client also received an award for the fees and costs it incurred in the case from initial trial, on appeal, and on the retrial.  Cuna Mutual Insurance v. Los Angeles Metropolitan Transportation Authority (2003) 108 Cal.App.4th 382
• Prevailed at jury trial and on appeal in an eminent domain action with an additional damage award for unreasonable precondemnation delay and conduct by the condemning agency.  Our client also received reimbursement from the condemning agency for the fees and costs incurred in the case.  Hawthorne Red. Agency v. Force Electronics (1997) 55 Cal.App.4th 622
• Prevailed at trial of liability for inverse condemnation in action whether government agency had preserved property within a future right of way, essentially refusing to allow development within an area planned for future infrastructure.  After the liability finding, the case settled for $4,500,000 plus reimbursement of litigation expenses.  Settled before trial several other similar cases based upon claimed preservation of property for future public improvements.
• Prevailed at jury trial with verdict of $2,500,000 in an eminent domain and inverse condemnation action arising out of a Caltrans induced slide in Malibu.  Our client also received reimbursement from the condemning agency for the fees and costs incurred in the case.
• Prevailed at trial and on appeal in our representation of owner and developer of Home Depot Center, the Galaxy soccer stadium in Carson, in a CEQA challenges brought by neighborhood groups seeking to prevent the construction and operation of the stadium.
• Successful appeals of adverse zoning and planning decisions, including both grants and denials of conditional use permits, variances, changes of zoning, and other entitlements.
• Represented ground lease tenants in litigation involving the tenant’s exercise of an option to purchase the shopping center.  Result:  option exercises allowed and occurred
• Represented a property owner in litigation in which a tenant sought to exercise the tenant’s option to purchase the shopping center.  Result:  option exercise disallowed; held that the tenant had improperly interfered with the appraisal and that the appraiser had failed to disclose conflicts of interest prior to undertaking the appraisal assignment.
• Successfully represented buyers in specific performance cases against recalcitrant sellers
• Successfully prosecuted and defended partners in various real estate ventures as to claims between partners, and from third parties, alleging fraud, mismanagement, defalcation, and breach of fiduciary duty
• Representation of tenants and landlords in lease disputes, including claimed violations of use restrictions and covenants and alleged improper rent, CAM charges, and other financial claims.
• Represented property owners where trespassers, engaging in recreational activities on the properties, filed suit for personal injury arising out of claimed defects on the properties.  See e.g. Myers v. Atchison, Topeka & Santa Fe (1990) 224 Cal.App.3d 752
• Successfully represented lenders in claims by borrowers for lender liability.
• Defense of a claim of exercise of a right of first refusal for the acquisition of a subsidiary of the company.  Pincus v. Pabst Brewing (7th Cir. 1990) 893 F.2d 1544
• Represented a Fortune 500 company accused of illegally offering franchises and seller assisted marketing plans for sale based upon fraudulent representations and material nondisclosures of the risks involved in the claimed franchises.
• Represented lender in litigation in which the lender was accused of interfering with the contract of a real estate broker who held a listing to sell an office building.
• Represented corporate finder when his claim for finders fee denied by acquiring corporation.
• Defeated claim for substantial loan brokerage fee based upon nonexistence of broker’s license.
• At trial in U.S. District Court, defeated claim for slander of title and interference with contract arising out of the recording of lis pendens on a substantial number of properties in several states.
• Prevailed at trial in a legal malpractice and breach of fiduciary duty action against our client, a large law firm, which was accused of expropriating client’s intellectual property and business plans.
• Prevailed at trial in legal malpractice and breach of fiduciary duty action against our client, a large law firm, which was accused of failing to competently try the underlying business trial.
• At trial, obtained defense judgment for major law firm faced with claim that firm had improperly paid several million dollars in client trust funds to an unauthorized recipient.
• At trial, obtained defense verdict for major law firm on malpractice and breach of fiduciary duty claims arising out of underlying dispute in joint ownership of substantial industrial buildings.
• Prevailed at trial in a fraud claim brought against our client, a real estate broker, which was accused of failing to disclose a threat that the subject property might be condemned by a redevelopment agency.  Other successful defenses, at trial, of brokers accused of failing to investigate and disclose various defects in property.
• Following 3-week jury trial obtained judgment in favor of former President of a national Bank, who had been sued by the Bank for $18 million based on charges he violated U.S. Banking Regulations “Q” and “Z.”  Client obtained defense verdict on the Bank’s claim and a $2.5 million verdict in his favor on the cross-complaint filed on his behalf against the Bank for its failure to indemnify him with regard to a prior proceeding instituted by the Office of the Comptroller of the Currency.
• Obtained $3.5 million judgment in favor of a Pediatric Oncologist following a week-long binding arbitration on the physician’s claims against her former medical partnership and its managing partner for breach of fiduciary duty and fraud.  The judgment included an award of $400,000 in punitive damages.
• Obtained judgment in favor of client following week-long Bench trial in boundary dispute lawsuit, quieting title in favor of client, granting client a permanent injunction, and granting client affirmative relief.
• Obtained judgment for specific performance and damages, including attorneys’ fees, in favor of client seeking specific performance of real estate option to purchase, following week-long bench trial.
• Successfully represented dozens of property owners whose properties were damaged or destroyed by Metro Rail tunneling and station construction on Wilshire and Hollywood Boulevards.  Most of the inverse condemnation cases settled before trial; one inverse condemnation went to binding arbitration resulting in a substantial award to our client, the owner of the historic Wiltern theatre.
• Successfully represented at trial a number of property owners in claims for precondemnation damages due to unreasonable precondemnation delay or conduct by the condemnation agencies.  These cases included situations where the condemning agency downzoned the property in anticipation of condemnation, forced the removal of improvements, prevented development and hindered rental of the properties.  See e.g. Hawthorne Red. Agency v. Force Electronics (1997) 55 Cal.App.4th 622.
• Represented a general contractor in a dispute with a project owner and its lender on a significant construction project in West Los Angeles. The project involved renovation and construction of an apartment tower and an adjacent mixed use building, and the lender sought to foreclose on the property. On behalf of his general contractor client, Mr. Porter mounted an attack against the construction lender on the issue of lien priority, asserting that the contractor’s mechanics lien was perfected before the construction lender recorded its lien. He ultimately filed a motion for judgment to establish the contractor’s mechanics’ lien priority. Throughout the case, Mr. Porter took on the lead role of coordinating a unified approach to the litigation, working with the numerous sub-contractor attorneys in an effort to control the litigation so as to maximize efficiencies for the contractors, and avoid unnecessary discovery and expense. While the motion for summary judgment was still spending, Mr. Porter negotiated a $1.3 million settlement for his general contractor client, with the settlement proceeds paid to the client and its subcontractors out of escrow in the sale of the building.
• Representing a manufacturer of mystical candles in litigation in Federal Court to protect its trademarks.
• Successfully represented a manufacturer of halal foods in a challenge to its trademark.
• Handled numerous adversary proceedings before the TTAB.
• Robust practice in defense of lawyers in professional liability claims, particularly those with an intellectual property component.  Successful outcomes in jury trials, and arbitrations.
• Regularly handle general business litigation of all types, contract disputes, commercial real estate disputes, business related fraud.
• High dollar collection activities for clients with seven figure judgments.
• Served as lead counsel for defendant national railroad in a breach of contract and declaratory relief claim relating to a public agency’s rights to operate commuter trains on rail lines owned by the railroad.   The potential exposure to the railroad exceeded $100 million.  Obtained a defense verdict for the railroad in arbitration which included the recovery of $581,000 in fees and costs.
• Served as lead counsel for plaintiff national railroad in an action to recover damages sustained in a major train derailment.  Negotiated favorable settlement with defendant shipper that had allegedly placed a defective railcar in service on the train that included significant recovery for the railroad.
• Served as lead counsel for defendant national railroad in a real estate dispute in which landowners alleged that the railroad had abandoned property rights, those rights had reverted to the landowners and the railroad violated their rights by attempting to sell those rights on the open market.  Obtained defense verdict at trial and prevailed on subsequent appeal.
• Served as lead counsel for plaintiff manufacturer of stainless steel products that were sold to the United States Government for military purposes in an action against a competitor for intentional interference with contract and related business torts.  Tried the case to a successful verdict in the United States District Court for the Northern District of California and prevailed on the subsequent appeal before the Ninth Circuit Court of Appeal.
• Represented defendant banking institution in a national class action arising out of a $130 million bond default.  Was a member of the team that obtained a favorable resolution for bank.
• Represented defendant banking institution in class action suit brought by beneficiaries of structured settlement trusts who alleged that the bank had allowed more than $100 million in trust assets to be improperly transferred.  Was a member of the team that obtained a favorable resolution on behalf of the bank.
• Represented plaintiff national railroad in a breach of contract claim against a public agency arising from a railroad construction project.  Negotiated favorable settlement which included a significant recovery for the railroad.
• Represented large law firm in suit alleging legal malpractice and related claims.  Plaintiff clothing manufacturer alleged that law firm’s negligence in handling a lawsuit brought by its fabric suppliers led to a disastrous result which ultimately put the company out of business.  Was part of team that obtained defense verdict in arbitration that included the recovery of attorney’s fees.
• Represented plaintiff subrogated insurer in action against electric utility company arising from fire that caused more than $20 million in damages.  Helped negotiate favorable settlement that included significant recovery for insurer.
• Represented landowner in eminent domain action arising from a taking by a public agency for roadway improvements.  Obtained verdict at trial that greatly exceeded agency’s settlement offer and included the recovery of fees and costs.
• Represented landlord in the negotiation of a long-term lease of an industrial property to be used as a charter school.
• Negotiated the purchase and sale agreements and handled escrow and closing on behalf of several high profile entertainment clients, both as sellers and buyers of luxury residential homes.
• On behalf of fortune 500 national railroad company, brought a negligence action in United States District Court against a stevedoring company which had incorrectly loaded shipping containers onto rail cars in client’s train, resulting in a derailment causing significant property damage.  After successfully obtaining partial summary judgment establishing liability, negotiated a $2 million settlement.
• Brought an inverse condemnation, breach of contract and contractual warranty claim against a City that had failed to adequately plan for flood control resulting from development in a high desert watershed.  The flood caused significant property and business damages.  After we defeated the City’s effort to obtain summary judgment, defendants paid $3.4 million.
• In trifurcated trials on behalf of a water district against its joint venture partner in a 99 year power generation project, obtained successful decision in first trial preventing application of the statute of limitations, allowing client to seek contract damages for past 65 years of contract performance.  In the second phase trial, successfully established liability under the contract for various types of damages. In the damages and accounting phase of trial, obtained judgment in favor of client.  After successfully defending the appeal, client received $26 million.
• Represented shopping center owner against national grocery company who vacated anchor tenant space, leaving it vacant, in favor of  new shopping center down the street (the anchor tenant had gone “aggressively dark”).  Sued for breach of lease (based on percentage of rent) and for breach of the implied covenant of good faith and fair dealing as a result of the tenant’s decision to leave the anchor tenant space vacant so as to prevent competition at its new location, and tenant’s ongoing refusal to allow landlord client to cancel the lease and find a new anchor tenant.  After defeating tenant’s motion for summary judgment, obtained favorable settlement where anchor tenant paid client $1 million and terminated the lease, freeing client to re-tenant the anchor tenant space.
• On behalf of fortune 500 national railroad company, brought a negligence action against a rail car owner who negligently placed a defective rail car on client’s train, resulting in a derailment causing significant property damages.  Achieved a $3 million settlement from the car owner and the railcar repair company it had retained.
• On behalf of the owners of a custom estate home, successfully arbitrated a construction defect action against the home builder and its subcontractors, obtaining all claimed damages and attorneys fees, totaling more than $1 million.
• Brought an inverse condemnation action against the metropolitan transportation authority (MTA) on behalf of the owner of nationally recognized historic theater in Hollywood that had incurred significant expenses to mitigate damage to the historic theater during MTA train station construction.  After an adverse ruling at the first trial, obtained full reversal from court of appeal in a published decision recognized as one of California Real Property Journal’s Top Ten Real Property Cases of 2003: Cuna Mutual Life Insurance Co.v. L.A. County MTA (2003) 108 Ca.App.4th 382.  After successfully establishing liability on retrial, MTA paid $1.6 million in settlement to avoid the damages trial.
• Represented the owner of property where contracting party wrongfully sought to exercise option to force client to sell property at a substantially below market price.  Obtained summary judgment for client, and then recovered full award of attorneys fees.
• Represented property owner against property homeowners association seeking to force client to pay improper and substantial assessments.  Successfully obtained summary judgment for client, completely resolving litigation in client’s favor.
• Successfully defended a property owner in the trial of an action by adjoining property owner for damages arising from property line dispute.  Obtained favorable verdict for client at trial.
• Represented property owner in inverse condemnation action against City and County for flooding damage caused by inadequate flood control facilities.  Obtained successful settlement for client.
• Represented fortune 500 national retailer in its efforts to resist efforts by landlord to break extremely valuable lease.  Prevented landlord from breaking the lease.
• Represented client in City’s eminent domain action to construct road that bifurcated client’s property in Elk Grove, California.  Obtained favorable settlement, forcing City to pay full value for property taken, and leaving client with significant properties made valuable by the city’s improvements.
• Represented property owner against plaintiff’s effort to force owner client to sell real property at a substantially reduced value due to irregularities in property zoning discovered during escrow.  Plaintiff refused to go through with purchase, but also refused to close escrow, and demanded that client resolve zoning irregularity.  Years later, when zoning irregularity was cleared up, plaintiff sought to force sale at the prior agreed upon price despite drastic increase in property value due to rise in real estate market.  Obtained defense verdict at trial.
• Defended claims by state attorney general that former subsidiary had engaged in unfair business practices against consumers
• Defended railroad against insurer’s multimillion dollar indemnity claims for crossing accident
• Represented Pabst Brewing Company with respect to antitrust compliance, including, Hart-Scott-Rodino review, and approval for a series of transactions with an aggregate value exceeding $ 1 billion in which Pabst: (a) acquired the malt beverage business of The Stroh Brewery Company, (b) both sold to and exchanged certain beer labels and brewery assets with Miller Brewing Company, and (c) entered into a brewing agreement with Miller Brewing Company
• Prosecuted claim for reimbursement of all harbor maintenance taxes imposed on beer manufacturer as unconstitutional
• Defended railroad against insurer’s collateral action to circumvent railroad’s indemnity claims in New Mexico
• Obtained contribution from insurer for environmental contamination claims
• Obtained writ of mandate enforcing California Public Records Act request to support Kern County litigation to block disposal of sewage sludge and recovered all litigation expenses
• Prosecuted contract and accounting action to recover unpaid joint venture contract payments and interest due since 1945 in the amount of $16,978,639.48 together with attorneys’ fees of $622,165.42 and costs of $105,851.60
• Defended trust company against alleged nationwide class action seeking in excess of $100 million for dissipated settlement funds
• Prosecuted intellectual property claims and defended alleged antitrust and unfair business practices claims for client product and pricing database information company
• Case Nos. CV 01-5752 DT (RCx), CV 02-382 DT (RCx), CV 02-993 DT (RCx), CV 02-2745 DT (AJWx), CV 02-6484 DT (RCx), CV 02-6841 DT (RCx), CV 02-9221 DT (RCx), and including Companion Case U.S.D.C. Case No. CV 02-6512 DT (RCx) [defended trust company against alleged nationwide class action seeking in excess of $100 million for municipal bond defaults and resultant bankruptcies or receiverships of long term care facilities or hospitals which were acquired or funded with bond offering proceeds]
• Defended all defendants and counterclaimants with respect to patent infringement claims
• (Pending) Coverage counsel for defendant company with respect to shareholder derivative actions
• Consolidated withSensitech, Inc. et al., v. Time ‘N Temperature Co., U.S.D.C. Case No. CV-05-4674-R (PLAx) (C.D. Ca.) Represented patentees in patent infringement and antitrust actions
• Coverage counsel for defendant company with respect to securities fraud actions
• Defended manufacturer of client billing system against patent infringement claims
• Defended jewelry manufacturer and distributor against trademark infringement claims
• Represented all defendants against various claims with respect to distribution relationship
• Obtained dismissal of $60 million case, including trademark and copyright infringement claims brought by Beach Boys’ corporate entity
• Represented defendant and counterclaimant owner of internet-based electronic marketplace for prescription drugs with respect to trademark infringement claims
• (Pending) Representing plaintiffs with respect to class action ERISA claims
• (Pending) Representing defendant with respect to patent infringement claims
• (Pending) Representing plaintiffs with respect to class action ERISA claims
• Representing all defendants with respect to international contract claims
• Representing defendant against patent infringement claims.
• Represented joint labor-management committee in appeal of trial court decision holding sections 1771.2 and 1776(e) of the Labor Code unconstitutional on due process grounds.  Appeal stayed as a result of defendant’s bankruptcy.
• Served as lead counsel for defendant national railroad company in a suit brought by a public water agency.  The agency intended to build a canal that crossed tracks owned and operated by the railroad.  The agency contended that its rights to the land were superior and that the railroad was required to either relocate its operations, or pay millions of dollars for the additional cost to tunnel the canal beneath the tracks as opposed to having an open channel canal on the surface of the land.  Obtained a complete defense verdict at trial.
• At trial before the Bankruptcy Court in 2013, successfully defended individual client against a creditor’s objection to discharge under Bankruptcy Code § 727, resulting in a favorable settlement of remaining dischargeability claim based upon fraud under Bankruptcy Code § 523(a).
• Successfully represented major California business which purchased 50 acre parcel with environmental indemnity from the seller which the seller refused to honor.
• In a 29-day trial in the Los Angeles Superior Court in late 2014, successfully defended a purchaser’s acquisition of an 8-unit condominium building at a foreclosure sale in an action brought by junior lienholders to cancel the sale and the trustee’s deed to the purchaser. The purchaser’s related claim for damages was subsequently settled.
• Mr. Brogan has successfully represented clients in rent adjustment trials and arbitrations where the long term ground lease calls for a rent adjustment based upon highest and best use or existing use valuations.