Representative Litigation Matters

Our attorneys have represented clients in a variety of litigation matters in state, federal, and bankruptcy trial and appellate courts, including the following matters:

Accountants’ Liability (Amicus Curiae on Behalf of California Bankers Association):

Represented trade association of California banks before the California Supreme Court in landmark accountants’ liability case; prepared amicus briefs and presented oral argument to court.

Arbitration:

Obtained order, affirmed on appeal, denying motion of large general contractor to compel arbitration in fraud and breach of contract case.

Bankruptcy (Non-Dischargeability):

Tried case on behalf of national bank against debtor seeking to discharge credit card debt incurred to fund gambling; obtained judgment preventing debtor from discharging fraudulently incurred debt; judgment affirmed on appeal to the Ninth U.S. Circuit Court of Appeals.

Bankruptcy (Non-Dischargeability):

Obtained judgment after trial in action to prevent debtor from discharging debt to defrauded real estate development company.

Bankruptcy (Lender Liability/Equitable Subordination):

Obtained dismissal of action against national bank for lender liability and equitable subordination in bankruptcy adversary proceeding.

Commercial Lease Dispute (Alterations & Use Provisions):

Obtained judgment after trial in favor of commercial landlord sued for not permitting unauthorized use and alterations of premises.

Commercial Lease Dispute (Option to Extend Lease/Unlawful Detainer):

In unlawful detainer action, defeated anchor tenant’s assertion of equitable and legal right to extend lease under lease option provisions; obtained judgment on behalf of landlord, permitting landlord to recover, and relet to new tenant under favorable lease terms.

Constitutionality of Redevelopment Agency Funding Given to Faith-Based Nonprofit:

On pro bono basis, obtained judgment in favor of faith-based homeless shelter whose relocation funding provided by the San Jose Redevelopment Agency was challenged as a violation of the California and U.S. Constitution; judgment affirmed by the Court of Appeal and the California Supreme Court.

Housing Discrimination:

On pro bono basis, obtained summary judgment in federal court on behalf of a private nonprofit charitable organization sued for alleged housing and other forms of discrimination.

Liability of Out-of-State Business for Internet Auction:

Through order quashing service of summons, successfully obtained dismissal of state court action against out-of-state defendant whose sole contact with state was the selling of goods via an internet auction website.

Lender Liability:

Obtained summary judgment in favor of large national bank in fraud and lender liability action after the motion was originally denied, and the Court of Appeal issued instructions to the trial court to reconsider its initial rulings in favor of plaintiffs.

Lender Liability:

Obtained summary judgment for bank sued by bankruptcy trustee alleging claims based on breach of contract, fraud, and excessive lender control; summary judgment affirmed on appeal.

Lender Liability Class Action:

Obtained summary judgment in favor of two regional banks sued in class action arising from largest mortgage broker fraud in Santa Clara County history; judgment affirmed after appeal to Court of Appeal and California Supreme Court.

Real Property Purchase Contract Dispute:

Obtained dismissal of fraud and breach of contract claims against defendant real estate developer after trial against plaintiffs seeking to rescind land sale contract.

Real Property Purchase Contract Dispute:

Obtained jury verdict in favor of real estate developer in land sale contract dispute after having obtained appellate court reversal of prior trial court judgment against developer while developer was represented by prior counsel.

Real Property Dispute (CC&Rs):

Obtained summary judgment in favor of commercial real estate developer sued by commercial landowner to invalidate allegedly unfavorable CC&Rs (conditions, covenants, and restrictions).