A bit of what we've done over the years ...

jury Trials of interest

·      Lead plaintiff’s counsel in a US District Court, Central District, case entitled Newburn vs. County of Los Angeles, et al. bearing case number 2:13-cv-05566-CBM-AJWx. Plaintiff sued six Los Angeles County Sheriff deputies for violation of his civil rights. Plaintiff alleged that his constitutional rights as a parolee, which are less than that of those not on parole, were infringed by the deputies. The Honorable Consuelo B. Marshall presided over the five-day jury trial that resulted in a defense verdict on 7 March 2017. Defendants were represented by Davida Frieman and Ricky Ivie, of Ivie McNeill & Wyatt.

·      Lead defense counsel in a Los Angeles County Court case entitled Memba vs. ----- bearing the case number YC-----.  This was a claim against a defendant business owner who was held twenty percent liable for plaintiff’s damages who was injured by ingesting a bone in fish soup.  Kenneth Lipton was the plaintiff’s attorney and the case was tried before The Honorable William G. Willett.  The three-day trial concluded through verdict on 7 October 2011.

·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled Maheri vs. ----- bearing case number 30-2008-00-----.  This claim was based on the breach of a real estate partnership agreement, with peripheral breach of contract and fraud issues involving a multi-million dollar property in Newport Coast.  On 1 April 2009 a five-day jury trial commenced before the Honorable Daniel Didier and concluded through verdict.  Defense counsel was Robert Bonito.

·      Lead plaintiff’s counsel in a Los Angeles County Superior Court case entitled ----- v. Roy, bearing case number BC-----.  The case was a legal malpractice claim with the underlying action based on breach of contract and fraud.  On 7 April 2008 a three-day jury trial commenced before the Honorable Kevin C. Brazile and concluded through settlement prior to verdict.  Defense counsel was Frank Agello of the Roy Legal Group.

·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled ----- vs. Mr. C Tow, bearing case number 06-----.  The civil case involved the conversion (civil theft) of numerous vehicles and fraud by a vehicle towing company.  A four-day Jury Trial commenced on 1 August 2007 before the Honorable David Mceachen and concluded through settlement prior to verdict.  Ross Stucker was counsel for the defense.

·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled ----- vs. Escudero, bearing case number 03CC-----.  This civil case was based on claims of defamation and false light against a soccer league and its board of directors.  On 19 September 2005 a six-day Jury Trial commenced before the Honorable Derek Johnson and concluded through verdict.  Defense counsel was Stone & Hiles.

·      Lead defense counsel in an Orange County Superior Court case entitled Bank Of America vs. -----, bearing case number 3NL-----.  This civil case was a breach of contract claim regarding a credit card issued by Bank of America and defendant’s failure to pay the balance.  On 21 March 2005, a four-day jury trial was commenced and concluded through verdict.  Creditor Iustus et Remedium, LLP was plaintiff’s counsel.

·      Lead plaintiff’s counsel in the U.S. District Court Case entitled -----. vs. Global Credit Service, Inc., bearing case number SACV-----DOC(ANx)  This civil case was based on claims of copyright infringement and trade secrets and involved computer software.  Additionally, since the claims involved former employees of plaintiff, contractual employment issues were litigated.  On 12 October 04 a five day Jury Trial commenced before the Honorable David O. Carter and concluded through verdict.  The jury awarded the maximum statutory damages.  Defense counsel was Michael O’Brand.

·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled ----- vs. Leo, bearing case number 02CC-----.  The civil case was a personal injury premises liability claim involving a handicapped plaintiff.  The landlord failed to properly maintain an apartment complex in the city of Costa Mesa.  On 12 April 2004 a four day Jury Trial commenced before the Commissioner Eleanor Palk and concluded through verdict.  Defense counsel was Lawson Macrae Gress and Culberson.

·      Lead defense counsel in an Orange County Superior Court case entitled Business Products vs. -----, bearing case number 02CC-----.  The civil case was based on breach of a contract and fraud and related to a franchise agreement.  On 1 April 2003 a five-day Jury Trial commenced before the Honorable Judge Derek Johnson and concluded through verdict.  Plaintiff’s counsel was Klein & Wilson

 ·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled -----vs. Hydro Systems Inc, bearing case number 00CC-----.  The civil case was based on breach of contract and warranty relating to faulty construction in a multi-million dollar home in Lido Island, Newport Beach.  There were also allegations of fraud.  A three-day Jury Trial commenced on 24 September 2001 before the Honorable Patrick Colaw and concluded through verdict.   Defense counsel was Kinkle Rodiger and Spriggs.

·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled ----- vs. Gilbert, bearing case number -----.  The civil case was an inverse condemnation claim that involved the taking of real property by the City of Costa Mesa and other governmental entities.  On 12 May 2001 a five-day Jury Trial commenced before the Honorable James Brooks and concluded through verdict.  Defense counsel was Harry Carmack.

·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled ----- vs. International School Licensing, bearing case number -----.  The civil case was based on claims of breach of contract, fraud and defamation with underlying securities and employment issues.  On 4 August 1999 a three-day Jury Trial commenced before a retired judge and concluded through a motion to dismiss.  Defendant’s counsel was William B. Hanley.

·      Lead plaintiff’s counsel in a San Diego County Superior Court case entitled ----- v. City of San Diego, bearing case number -----.  The civil case was a federal civil rights violation claim, 42 U.S.C. §1983, against the San Diego County Sheriff’s Office alleging excessive force.  A five-day Jury Trial commenced on 21 September 1998 before the Honorable Jay Bloom and concluded through verdict.  Christopher S. Morris represented the San Diego City Attorney’s Office.

 ·      Lead plaintiff’s counsel in a San Bernardino County Superior Court civil case entitled ----- vs. Almeria Middle School, bearing the case number SCV-----.  The civil case was a slip and fall claim where a student fell and severely injured his hip in a school cafeteria.  The case proceeded through a five-day jury trial on 15 November 1996 before the Honorable Christopher J. Warner and concluded through verdict.  Bruce D. MacLachlan represented the School District.

·      Lead plaintiff’s counsel in an auto vs. auto case in Orange County Superior Court case.  The case concluded through verdict in the court of limited jurisdiction

other cases of interest

·   Lead defense counsel in a breach of purchase/lease agreement of industrial equipment against a Hawaiian company, where defendants, including the guarantors/principals of the Hawaiian company, were sued for damages in excess of $220,000.00 plus attorneys fees, bearing the case Federal District case number 13- CV ------MWF(SSx).  The case was initially filed by plaintiffs in Los Angeles County Superior Court, however the defendants removed the case to federal court.  Defendants counterclaimed for breach of contract, fraud and violation of Penal Code §496.  After over a year litigation, the court denied plaintiff's motion for summary judgment and the parties prepared for jury trial.  On the eve of the commencement of jury trial the U.S. District Court case, the parties agreed to a confidential settlement wherein the defendants were permitted to keep the equipment and have title transferred to them without payment of any monies demanded in the complaint, i.e., a complete walkaway.

·   Lead defense counsel in two breach of contract companion cases against one Texas defendant that was filed in Orange County Superior Court, one case demanding the payment of damages in excess of one million dollars for breach of a service contract, the other case demanding the payment of damages in excess of $50,000.00 and both involving the distribution of bagasse paper.  Defendant removed to Federal District Court and filed a counterclaim in the first case and counterclaimed in state court in the second case.  After over a year of litigation, Federal District Court case number 13-CV- -----JLS(DFMx) and Orange County Superior Court case 30-2013- -------- defendants settled with plaintiff paying defendant $150,000.00 pursuant to a confidential settlement agreement.

·   Lead petitioner’s counsel in an administrative hearing/trial before the Hawaii Department of Commerce and Consumer Affairs, bearing case number TN-2014-----.  A two-day hearing commenced on January 26, 2015, with the petitioner successfully receiving an order of abatement in the use by respondent of petitioner’s trade name as respondent’s corporate name.  Petitioner was found to have common law rights of its trade name and that respondent’s use was confusingly similar and an infringement.

·      Lead plaintiff’s trial counsel in U.S. District Court case entitled ----- v. Glendale Unified School District, bearing case number CV 10------ DMG (CWx).  A student claimed that his civil rights were violated when a school district deemed him not eligible to attend school within the district he was approved to attend, th equivalent to expulsion without due process.  On the 15 July 2011 at the pretrial hearing, the case was adjudicated through multiple rounds of motions for summary judgment and after the court renewed defendants’ motions for summary judgment, dismissed the case.  The Ninth Circuit reversed the trial court finding of non-liability after the Law Office of Adam Wolf appealed Judge Dolly Gee’s dismissal, i.e., trial court should have permitted the jury trial to go forward.  The parties subsequently settled the case.

·      Lead plaintiff’s counsel in a Los Angeles County Court case entitled ----- vs. Rejniak bearing the case number BC-----.  The claim involves a defendant who posted defamatory material on the Internet on at least eight websites, including ripoffreport.com and complaintsboard.com about a collections attorney.  Plaintiff-attorney sued for defamation and libel, the defendant filed an Anti-SLAPP motion.  On 3 March 2011, plaintiff received a five figure attorney’s fees award after successfully defeating defendants’ frivolous Anti-SLAPP statute motion.

·      Lead defense counsel in a U.S. District Court case entitled Hall vs. ----- case number 8:08-cv-------JVS-AN, before the Honorable James v. Selna in which plaintiff claimed that defendant defamed plaintiff and converted certain business property including securities.  Defendant filed a motion to strike based on California’s Anti-SLAPP statute and prevailed in striking the complaint.  The case was dismissed on 26 April 2010, immediately prior to the commencement of a jury trial for lack of prosecution, as plaintiff could not provide evidence as to the remainder of the causes of action in his First Amended Complaint.

·      Lead defense counsel in the U.S. District Court Case entitled Bronston v. -----, bearing case number 2007-cv------ FMC.  This federal claim was a fraudulent conveyance action by a receiver appointed to collect tens of millions of dollars against those who innocently invested and made money in a Ponzi Scheme.  On 28 October 2008, a Bench Trial commenced before the Honorable Florence Cooper.  Out of the almost thirty cases filed by the receiver, this claim was the only case where the defendant prevailed.

·      Lead plaintiff’s counsel in an Orange County Superior Court case entitled ----- vs. Gross III, et. Al., bearing case number 06CC-----.  This was a refilling of a federal civil case in state court based on defamation and invasion of privacy against a condominium association.  On 6 May 2006, plaintiff successfully defended against motions to strike based on California’s Anti-SLAPP statute.  The defendants subsequently appealed with the case fully briefed and argued by my office in the Fourth District Court of Appeals Division Three, bearing case number G-----.  Plaintiff/Respondent prevailed and the trial court’s order was affirmed in full.

Transactions

·      Mergers and Acquisitions – Drafted documents relating to domestic and cross-border mergers and acquisitions, stock purchase and asset agreements, promissory notes, secured and unsecured transactions, full recourse and non recourse provisions, licensing and cross licensing agreements, employee retention agreements, stock option incentive agreements, security agreements and debt related agreements.

Lead counsel of a fully reporting company to the Securities Exchange Commission that intended on becoming a listed company in the Alternative Investment Market (a submarket of the London Stock Exchange).  The company acquired the assets of six companies that were large Oracle resellers located in South America, Australia, Europe the United States.  The US$31.5 million funding involved various firms including Cenkos Securities plc, Grant Thornton UK LLP, Pinsent Masons, Ozannes, Freshfields Bruckhaus Deringer and my firm.

·      Formation of thirty plus corporations and LLC’s and the preparation of buy-sell and security agreements, including necessary corporate compliance documents.

·      Acquisitions – Purchase and sale agreements of various assets including software, hardware and real property.

Other

·      Represented one of the largest public utility companies in the world along with other public entities located in Orange County California in high damage litigation.

We are AN OFFICE WITH A HANDLE ON CRIMINAL LAW THAT sometimes affects YOUR CIVIL DISPUTE

Criminal Jury Trials all pre-2001

DUI - Alcohol - Under 21- (Misdemeanor) Orange County

DUI - Alcohol - (Felony) San Bernardino County

DUI - Marijuana - (Misdemeanor) Orange County

Assault/Battery - (Misdemeanor) Orange County

Narcotics - Sales - (Felony) Orange County

Three Strikes Allegation - (Felony) - San Bernardino County