Business litigator Scott L. Gilmore has more than 45 years of experience handling litigated disputes in the areas of breach of contract, real estate, construction, product liability, corporate governance and partnership disputes.

• Litigation
• Eminent Domain
• Real Estate
• Construction Litigation

• USC Gould School of Law – J.D. 1978
• University of Southern California – M.B.A. 1978
• University of Southern California – B.A. 1975

Defend Claim of Breach of Lease by National Shopping Mall Owner

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 30 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.

Construction Litigation for Delay Damages

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 million.

Trial Win Ends Claim for Alleged Manufacturing Defect

Defended a manufacturer 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.

Partnership Dispute Trial Win

Represented the managing partner of a thoroughbred racehorse 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 incurred in defending himself against those claims.

Jury Agrees with Client in Attorney’s Fee Dispute

Mounted a trial defense for 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.

Manufacturer Not Liable for Injury Says Jury

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.

Partnership Liability Action

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 had no such liability.

Construction Litigation Claim for Delay Damages

Guided 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. The result was 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.

Settlement of Personal Injury Claims Alleging Manufacturing Defect

Resolved claims against a manufacturer of large diameter PVC pipe 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 hearing the positions of all parties and giving an advisory opinion, the matter was favorably settled.

Construction Defect Litigation

Defended on multiple occasions 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.

Settlement of Construction Claims for Final Payment and Extra Contractual Damages

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.