Court of Appeal Decision In Favor Of Our Client Expanding Rights of Judgment Creditors In Fraudulent Transfer Actions
In Nagel v. Westen, 59 Cal. App. 5th 740 (2021), the California Court of Appeal made new law in California in favor of our client and other California judgment creditors. The Defendants in this case moved property out of state and purchased a home in Texas seeking to take advantage of Texas’ unlimited homestead exemption. The trial court dismissed our client’s fraudulent transfer case, ruling that there had been no transfer to a third party which was required. We were retained to handle the appeal. In a unanimous decision, the Court of Appeal reversed the trial court, ruling that when a judgment debtor converts property from non-exempt status ( i.e. property that is subject to collection by the creditor) to exempt status (i.e. property that is exempt from collection by the creditor), even where no third party is involved, there has been a “transfer” that can be the basis of a fraudulent transfer claim.
Groundbreaking Decision: Dismissal on Forum Non Conveniens Not Res Judicata in Colorado
In Nation SLP, LLC v. Marc Bruner and Michael Caetano, Court of Appeals No. 21CA0223 (July 14, 2022), the Colorado Court of Appeal made new law in Colorado, ruling in our client’s favor in a published decision that a dismissal on forum non conveniens grounds is not res judicata and therefore not binding in a subsequent case. The ruling in our client’s favor reversed a trial court ruling that dismissed the case, a dispute over an oil and gas development project in Australia, permitting the case to proceed in trial court, where it is now pending.
Antitrust lawsuit against City of Los Angeles and International Longshore and Warehouse Union
On April 7, 2020, we filed a federal lawsuit on behalf of our client Harbor Performance Enhancement Center LLC against, among others, the City of Los Angeles and the International Longshore and Warehouse Union for violation of antitrust law (the Sherman Act), unfair labor practices and breach of contract based on allegations that the City and the union conspired to terminate our client’s project at the Port of Los Angeles, which would have relieved Port congestion, added many jobs and provided additional environmental and other public benefits, because the union improperly demanded the exclusive right to all of the drayage jobs related to the Project. See article.
Trial Victory In Breach of Fiduciary Case
We won a complete victory for our clients in breach of fiduciary duty lawsuit following a five-week jury trial. The defense verdict ended 5-years of litigation, during which we prevailed on two separate writ petitions, obtained dismissal of the plaintiff’s professional negligence claim on a motion for summary adjudication, and eliminated an $800 million damage claim after a 9 1/2 day evidentiary hearing.
Trial Victory in Business Succession Case
We won a complete trial victory in a dispute concerning the succession of a business after the death of its founder. After being diagnosed with terminal cancer, the founder sought to leave majority control of the business to his key employees, along with a long term below-market lease so the business could continue following his death. We represented the business and the key employees and obtained a ruling fully affirming the validity of the lease and defeating the wife’s rescission claim so our clients now control the business and can continue to operate it for the next 40 years under the lease.
$39 Million Terminating Sanctions Award and Judgment For Kukdong Corporation
We obtained a $39 million terminating sanctions award and default judgment in a fraud and RICO lawsuit in favor of our client, Kukdong Corporation, a Korean apparel manufacturer, based on the defendants’ discovery abuses.
Summary Judgment in Favor of Major Television Network
We obtained a summary judgment in favor of our client, a major television network, in an idea theft case arising out of a television series plaintiff claimed to have originated.
Trial Victory For Email Marketing Company and Investor
We won a defense trial victory and attorneys fees in favor of our clients, a leading paddle board manufacturer, an email marketing company, and an investor, defeating a series of claims brought by a disgruntled former owner.
Victory for Real Estate Investment & Development Firm
We won a complete arbitration victory for our client, including compensatory and punitive damages, injunctive relief and attorney fees, against a Property Owners’ Association arising out of disputes related to a mixed-use development project in Burbank, CA.
Won Dismissals in Two Class Action Cases for Major Cosmetics Company
We successfully defended a major cosmetics company in two consumer class actions alleging false advertising and related torts related to the Company’s skin care products, defeating plaintiff’s motion to certify the class, which resulted in a dismissal of first case, and obtaining a voluntary dismissal of the second case at the pleading stage.
Victory for Valeant Pharmaceuticals in Multi-Plaintiff Business Lawsuit
We won a complete defense victory for Valeant Pharmaceuticals in a 16-plaintiff $30 million lawsuit related to Slobodan Milosevic’s takeover of Valeant’s Serbian subsidiary.
$18 Million Dollar Settlement Against Friendfinder Networks
We obtained $18 million in settlement for our client, Broadstream Capital Partners Inc., from FriendFinder Networks Inc., formerly known as Penthouse Media Group Inc., in a breach of contract dispute.
Dismissal in Wrongful Termination/Sexual Harassment Lawsuit
We won dismissal of our clients, USA Yoga Federation and Rajashree Choudhury, in a wrongful termination and sexual harassment lawsuit in which the plaintiff asserted defamation, retaliation and other related causes of action.
Victory for Stamps.com in Anti-Spam Lawsuit
We won a complete defense verdict for Stamps.com, the nation’s leading Internet postage provider, in a $40 million “anti-spam” lawsuit, one of the first lawsuits under the federal anti-spam act to go to trial.
Defense of Major Television Network in Breach of Contract Case
We represented to a successful conclusion a major television network relating to a dispute over production of soap operas series for the internet after cancellation on network television.
$4.5 Million Writ of Attachment Against Freedom Communications
We obtained a highly unusual $4.5 million prejudgment writ of attachment against Freedom Communications (owner of the Orange County Register) on behalf of our clients, the former CEO and CFO of the Company, and then ultimately a stipulated judgment in our clients’ favor for $4 million, and a dismissal with prejudice of the Company’s $60 million fraud claim against our clients.
Multi-Million Dollar Judgment For Bankruptcy Estate
We won a multi-million judgment for our clients, the Bankruptcy Estate of James D. Baker and Florida Asset Financing Corporation, in a real estate dispute involving a Garden Grove Rehabilitation Facility. The Bankruptcy Trustee overseeing the case wrote: “Without a doubt, you have accomplished one of the finest results I have seen in over 46 years of the practice of law.”
Jury Verdict for President of Special Effects Company
We won a $2 million jury verdict in a wrongful termination action on behalf of our client, the former President of Digital Domain, a leading Hollywood special effects firm, in a breach of contract and wrongful termination lawsuit.
Victory for HBO and Sacha Baron Cohen
We won a compete dismissal of all claims against our clients Home Box Office and Sacha Baron Cohen, in a lawsuit relating to an episode of Da Ali G Show.
Successful Settlement in Idea Submission Case
We won a favorable settlement for our client in a lawsuit against the owners of American Idol arising out of our client’s submission of an idea for an internet game based on American Idol.
Jury Verdict for Real Estate Investors
We won a complete jury verdict for our clients, commercial real estate investors, against First American Title Insurance Company, in a lawsuit arising out of a failed commercial real estate transaction.
Represented Owner of Sports Team
We represented an owner of a National Hockey League team in a partnership dispute with other owners.
Represented NBA Players
We have represented several NBA players, including Jordan Hill, Brandon Jennings, Linus Kleiza, and Al Thornton, in various legal matters.