| LJ Sutter Partners, L.P. v. Odysseus Farms, et al. |
Action by real estate optionee for breach of contract and fraud in connection with terminated agreement to option real estate in wake of development project failure, $17 million claimed damages |
Obtained defense judgment and attorneys' fee award on behalf of optionor, on the basis that the plaintiff developer's false assertion that optionor had breached the contract was itself a repudiation of the option agreement. Decision affirmed on appeal and review denied by California Supreme Court |
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| United Security Bank v. Garrett |
Action by bank to foreclose on guarantor's collateral |
Successfully defended purported guarantor from $750,000 claim by lender; bankruptcy court found bank had committed fraud in the transaction |
| First Hawaiian Bank v. Bartel |
Action by bank to collect against guarantor |
Successfully opposed Bank's motion for summary judgment,based on Bank's failure to disclose new risk to guarantor |
| Fubar, LLC v. Ayala |
Social networking site operator sued user for breach of contract, fraud and libel in connection with user’s scheme to wrongfully obtain material benefits from the site through the creation of multiple false accounts, and subsequent false statements regarding site management’s handing of said scheme |
Successful judgment for plaintiff after court trial |
| Frazier Nuts, Inc. v. American Ag Credit |
Growers’ action to secure priority producer’s lien |
Successfully argued they had priority grower lien over secured creditor of processor; $3.7 million settlement after successful reversal of motion for summary judgment on appeal (published decision) |
| Greg Braun, Chapter 11 Plan Agent v. Bouma Dairy, B&G Hay Co., Fisher Ranch, Charlie Tadema and Bootsma Calf Ranch |
Representation of Plan Agent in bankruptcy adversary proceeding for recovery of preferential payments and setoffs |
Defendant's motion for summary judgment denied and Plan Agent's counter-motion granted in part. Plan Agent subsequently granted summary judgment of $507,000 |
| ZPP-Van Ness, Inc. v. BPP/Van Ness, LLP |
Commercial tenant action against commercial landlord |
Jury verdict: $1.8 million verdict for fraud; 52 depositions, multiple parties |
| Sabek v. Union Bank |
Environmental claim for groundwater contamination |
Decision by Court of Appeal to overturn Superior Court's decision granting defendant's motion for summary judgment (published decision) |
| Hamilton v. Delta National Bank |
Borrower claim against lender for bad faith foreclosure in violation of Civil Code §2924c |
Successfully settled |
| S&P Partners v. HomeFed Savings and Loan (RTC) |
Adversary action in United States Bankruptcy Court against lender for breach of contract and fraud |
Settled for $50,000,000 debt reduction after production of 100,000 pages of documents, one deposition and successful defense of motion to dismiss in bankruptcy court (published decision) |
| Pacific Landmark Hotel, Ltd. v. Marriott Hotels, Inc. |
Hotel owner sought to terminate management contract with Marriott. Marriott contended management agreement was not terminable because it was an agency coupled with an interest |
Court of Appeal held that the management contract was terminable because the agency and the interest in the hotel were held by different Marriott entities (published decision) |
| Conlan v. Wells Fargo Bank |
Action for damages for fraud and bad faith |
Jury verdict of $60 million; settled on appeal for $10 million |
| LaMacchia v. PCA |
Damage claimed by cattle rancher against lender for breach of financing agreement |
Settled prior to trial; loan balance reduced from $2.7 million to $500,000 |
| Andreotti v. Bank of America |
Damage claim by farmers against lenders for breach of loan agreement |
Settled with $9 million credit towards $30 million debt |
| Jones v. Wells Fargo Bank |
Damage action by borrower against lender for breach of loan agreement and fraud |
Settled in U.S. Dist. Ct., S.Dist. Cal. for $8 million |
| Sun Village v. The Bowery Bank |
Action by real property owner to enjoin foreclosure and damages |
Injunction issued: settled in U.S. Dist. Ct., Dist. Ariz. for $14 million (published decision) |
| Clay v. ABT, Inc. |
Defense of wrongful termination claim by manager and shareholder against majority shareholder |
All wrongful termination claims dismissed in Superior Court, Colusa County; upheld by Third District Court of Appeal |
| Johnson Farms v. Comet Rice |
Action by rice farmers against mill for conversion of rice |
Matter removed to the federal district court and then remanded on the court's motion to Colusa County; settled prior to trial (published decision) |
| Western Agri-Management v. United States |
Damage claim and defense by Colorado farmer against U.S. Dept. of Agriculture |
Settled in the U.S. Dist. Ct., Dist. D.C., after successful defense of summary judgment |
| Solomon v. Security Pacific Bank |
Representation of bankruptcy trustee in damage claim against lender for breach of loan agreement |
Settled prior to trial in the U.S. Bankruptcy Ct. (published decision) |
| North Valley Growers v. Comet Rice |
Conversion claim by rice growers against mill |
Successfully arbitrated |
| Norcal v. Hassler |
Defense of fraud, rescission and RICO claims arising out of sale of $25 million business based on allegedly false financial statements |
Settled for $2 million after 35 videotaped depositions, production, analysis and review of 150,000 pages of documents, and successful defense of motion for summary judgment |
| Hassler v. KPMG Peat Marwick |
Claim for malpractice against auditors |
Settled for $1.0 million on eve of trial after 32 depositions, multiple motions for dismissal and for summary judgment |
| Levin Enterprises v. Novack |
Defense of $13 million CERCLA cleanup claim brought by purchaser of business against former shareholders |
Settled for $1 ,million, after ten depositions, multiple motions for summary judgment and production of 50,000 pages of documents |
| Bacharach v. Davis |
Defense of $3 million breach of lease claim and cross-complaint for damages caused by landlord's violation of environmental laws |
Case settled by landlord paying client after obtaining order from superior court requiring landlord to disclose assets due to fraud |
| Kord Enterprises II v. California Commerce Bank |
Damage claim by property owner for fraud and breach of contract in connection with bank's failure to honor agreement to renew loan |
Settled on the eve of trial after 20 depositions, production of thousands of pages of documents, and opposition to multiple summary judgment motions |
| RPB v. Berheim Trust |
Claim by contractor for breach of contract |
Successfully arbitrated |
| Kalt v. Hunter |
Defense of action to rescind settlement agreement and dismissal of bankruptcy adversary action on basis of fraudulent inducement |
Successfully tried in the bankruptcy court and before bankruptcy appellate panel; case reversed by the Ninth Circuit on the basis that superior court, not bankruptcy court, had jurisdiction of contract dispute (published decision) |
| Eastimpex v. SNH |
Commercial dispute between food broker and manufacturer |
Settled after successful defense of motions for summary judgment in United States District Court, San Francisco (published decision) |
| Valley Rolling v. Wells Fargo Bank |
Prosecution of damage claim in Fresno and in U.S. Bankruptcy Court |
Obtained release of all writs of attachment, restored clients to ownership of their homes and terminated foreclosure; matter settled in U.S. Bankruptcy Court |
| One Wilshire v. DMG |
Defense of tenant against rental claim by landlord on the basis of fraud and nondisclosure of asbestos |
Settled after obtaining jury verdict against landlord for bad faith |
| Bennett & Compton Development, Inc. v. Stockton Service Corporation |
Claim by partner against lender for fraud in development contract |
Successfully settled after multiple depositions and review of tens of thousands of bank documents demonstrating failure to comply with FIRREA |
| Flavor Dry v. Kal Lines |
Action against bankruptcy trustee for restitution of deposit |
Successful appeal in the Ninth Circuit (published decision) |