Trial & Appellate Court Decisions

Published

The following is a representative list of published trial and appellate decisions in which our attorneys have been involved:

Bank of America v. Karelin (In re Karelin) 109 B.R.943 (9th Cir.BAP 1990). (Representing plaintiff Bank of America at trial).

Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260 [254 Cal.Rptr.748]. (Representing plaintiff and respondent Bank of America).

Billmeyer v. Plaza Bank of Commerce (1995) 42 Cal.App.4th 1086 [50 Cal.Rptr.2d 119]. (Representing defendants and respondents Plaza Bank of Commerce and Pamela G. Bogle).

Bily v. Arthur Young & Company (1992) 3 Cal.4th 370 [11 Cal.Rptr.2d 51]. (Representing amicus curiae California Bankers Association).

Dollar Tree Stores, Inc. v. Toyama Partners, LLC (N.D.Cal.2012) 875 F.Supp.2d 1058. (Representing Toyama Partners in obtaining ruling holding that Dollar Tree’s liquidated damages clause in its lease is an unenforceable penalty provision).

Gallagher v. Dillon Group 2003-I (N.D.Cal. 2010) __ F.Supp.2d ___, 2010 U.S.Dist LEXIS 33054. (Representing the Dillon Group entities, the Vanguard Public Foundation, Danny L. Glover, and others in obtaining ruling dismissing fraud action under the Colorado River doctrine).

Great American First Savings Bank v. Bayside Developers (1991) 232 Cal.App.3d 1546 [284 Cal.Rptr. 194], ordered decertified (March 12, 1992). (Representing party seeking decertification, California Bankers Association).

In re Albert Hakim 212 B.R. 632 (Bk. N.D. Cal. 1997). (Representing debtor Albert Hakim).

Marchbrook Building Company v. Joanne R. Souchek (2003) 112 Cal.App.4th 315 [4 Cal.Rptr.3d 874] (Cal. Sup. Ct. denied review and ordered case depublished). (Representing appellant Marchbrook Building Company in successfully obtaining reversal of demurrer).

In re Safakish (Bankr. N.D. Cal. 2018) 2018 Bankr. LEXIS 3320. (Successfully representing several creditors seeking dismissal of a bankruptcy petition on grounds that it was filed in bad faith solely to avoid a state court lawsuit).

In re Rufener Construction, Inc. (9th Cir. 1995) 53 F.3d 1004. (Representing chapter 7 trustee)

Title Insurance Company of Minnesota v. Comerica Bank-California (1994) 27 Cal.App. 4th 800 [32 Cal.Rptr.2d 735]. (Representing defendant and respondent Comerica Bank-California).

Transamerica Title Insurance Company v. Superior Court (1987) 188 Cal.App.3d 1047 [233 Cal Rptr. 825]. (Representing plaintiff and real party in interest Bank of the West).

Variable-Parameter Fixture Development Corporation v. Comerica Bank – California (In re Morpheus Lights, Inc.), 228 B.R. 449 (Bk.N.D. Cal. 1998). (Representing defendant Comerica Bank-California).

Unpublished

The following is a representative list of unpublished appellate decisions in which our attorneys have been involved:

Ferre v. Ferre (2005) Cal. Ct. Appeal, First App. Dist., case no. A104704. (Representing plaintiff and respondent Henry Ferre in elder abuse and fraud case as co-counsel on appeal; judgment in favor of Henry Ferre affirmed).

Frog Creek Partners, LLC v. Vance Brown, Inc. (2006) Cal. Ct. Appeal, First App. Dist., case no. A111059. (Representing plaintiff and respondent Frog Creek in action for fraud and breach of contract; order denying motion to compel arbitration affirmed on appeal).

Frog Creek Partners, LLC v. Vance Brown, Inc. (2007) Cal. Ct. Appeal, First App. Dist., case no. A116800. (Representing plaintiff and respondent Frog Creek in action for fraud and breach of contract; order denying motion to compel arbitration reversed on appeal).

Kaffer v. Herpick (1998) Cal. Ct. Appeal, Sixth App. Dist., case no. H016525. (Representing defendants and respondents Comerica Bank California and Pacific Western Bank in fraud and conspiracy class action arising out of the Century Loan Corporation fraud; judgment in favor of the banks affirmed).

Perlegos, et al. v. Frontier Land Companies (2009) Cal. Ct. Appeal, Third App. Dist., case no. C054852. (Representing defendant and respondent Frontier Land Companies in an action seeking to rescind a purchase and sale agreement based on unilateral mistake, fraud, and failure of consideration and for declaratory relief).

In re Rasmussen (1994) U.S. District Court-Northern Division case no. C-94-0180 [1994 WL 284971]. (Representing secured creditors and respondents in action to obtain sanctions against debtors and their counsel for abuse of the bankruptcy system in attempting to stop creditors’ foreclosure and unlawful detainer; sanctions affirmed on appeal).

Reedy v. Sasser (1998) Cal. Ct. Appeal, Third App. Dist., case no. C026950. (Representing defendant and respondent Grupe Development Associates in breach of contract action; judgment in favor of Grupe Development Associates affirmed).

Scott v. Taylor (1994) Cal. Ct. Appeal, Sixth App. Dist., case no. H009720. Review denied. (Representing defendant and respondent CityTeam Ministries in appeal challenging the right of the City of San Jose to provide redevelopment funds to a faith-based homeless shelter under the Establishment Clause and Equal Protection Clause of the U.S. Constitution; judgment in favor of CityTeam Ministries affirmed).

Topol v. Safeway, Inc., et al. (2008) Cal. Ct. Appeal, Third App. Dist., case no. C056740. (Representing defendant and respondent Safeway, Inc. in an action seeking declaratory relief and specific performance of an option to purchase real property).