Litigation & Dispute Resolution

Transcription

1 Litigation & Dispute Resolution EXPERIENCE Assisted construction project participants in the negotiation of project closeout disputes before and during litigation. Assisted in the representation of contractor in connection with claims at Corona Community Hospital and project suspension. Simultaneously prosecuted claims against the project architect and its design consultants. Defended a solar energy generator against extensive claims by prime contractor over construction of solar energy generating stations in desert. Defended a developer of multi-family development located in San Pedro, California in connection with a breach of construction contract action, which converted into a cross-claim for construction defects against the general contractor. Additionally, defended multiple subcontractor claims. Defended the interests of a major Asian contractor in connection with complex litigation over a large residential project. Defended a national general contractor against defective construction claims by water district arising from nitrification facility at Torrance oil refinery. Defended an owner/developer of Burbank high-rise office building in connection with lien and various contract claims arising from restaurant/tenant improvement project. Defended a publicly traded residential developer in series of arbitrations with homeowners in San Diego County. Defended a subsidiary of publicly traded EPC firm in a four-year bench trial against subcontractor arising from City of Glendale C.E. Perkins administration building project. Received defense judgment and received award of all requested attorney's fees and expert costs. Defended a large national contractor at trial on seven-figure total cost claim by mechanical subcontractor arising from project at Eisenhower Medical Center. Judge threw out total cost claim.

2 2/66 Defended a national general contractor against subcontractor claims arising from expansion and modernization of Orange County Sanitation District sewage treatment facilities. Defended a national homebuilder in complex multi party action against homeowner claims arising from large residential development in San Diego County. Defended a subsidiary of publicly traded EPC firm against construction defect claims arising from construction of a Yokohama Tire warehouse. Client prevailed on summary judgment and was awarded its attorney's fees. Prosecuted claims by a general contractor against the owner of large multi-story nightclub and restaurant. Defended claims of nightclub owner. Prosecuted complex claims including for impacts/delay and design deficiencies, among many others, by the owner of residential lofts development in Long Beach against design professionals and the general contractor. Recovered substantial damages through mediated settlements. Prosecuted multi-million dollar claims on behalf of a national contractor against subcontractor and performance bond surety arising from defective work on an Indian hotel and casino. Recovered multi-million dollar settlement from a city on behalf of a general contractor in connection with claims for unpaid contract balance, improper termination, defective design, and impact/delay claims against a city arising from $18 million sports facility. Defended against alleged False Claims Act violations. Represented an EIFS subcontractor in connection with payment claims arising from hotel/casino project. Represented a well-known juice retailer in connection with numerous claims stemming from defaulted and insolvent contractor on several stores. Represented a design-builder over claims arising from sewage treatment and cogeneration facilities constructed for the City of Stockton. Represented a program manager, in connection with claims arising from North Hollywood Police station project. Represented an international clothing retailer in connection with various construction claims arising from the build-out of California stores. Represented a New York based real estate investment fund in complex multi-party litigation in Los Angeles arising from mixed-use project in San Pedro. Case involved project abandonment by general contractor and resulting claims by investor partner, which took over and completed project with replacement forces.

3 3/66 Successfully represented the owner of a five star resort in Rocky Mountains in connection with substantial claims against design professionals. Successfully defended a low bidder contractor in writ proceedings (bid protest) in Alameda County Superior Court arising from $25 million highway project. Successfully defended the owner of desert solar power project against multi-million dollar claims by an EPC contractor. Claims were resolved through mediation. Tried action to verdict in North San Diego County on behalf of a prime cathodic protection contractor. Received defense verdict on complaint by subcontractor and prevailed on crosscomplaint. Achieved full recovery of judgment following marshall's seizure of subcontractor's heavy equipment. Trial in federal district court on claims by oil rig operator arising from failed wire rope and damage to fallen oil rig mast. Recovered a substantial settlement for the general contractor in connection with the Big League Dreams project in Chino Hills. The project included six claims arising out of the construction of replica major league stadiums, turnstile entrance, restaurants, bars, batting cages, corporate offices, indoor soccer arena, volleyball courts, skateboard park, and other features. Successfully defended an owner against a $3.4 million claim by a trade contractor on high-rise, multi-prime project following rulings on motions that because contractor was not licensed for substantial scopes of work it performed it must disgorge payments. Represented an owner designing a luxury resort in Utah in its efforts to remove a mechanic's lien via a lien release bond on the grounds that the consultant had not served a preliminary notice as required under Utah law and could not simultaneously seek to recover on the lien release bond and to foreclose on the property. Utah trial court first ruled that the bond was substitute security and consultant could not simultaneously proceed on its claim to foreclose on the lien, and later ruled that the lien was invalid since a preliminary was required resulting in exoneration of the lien release bond and the recovery of attorney's fees. Defended a major construction lender against mechanic's lien priority claims and bonded stop notice claims arising from borrower-owners' failures to manage projects. Defended various lessor-owners against mechanic's lien and other claims against tenants, including restaurants and big box retailers. Represented an office building owner in mechanic's lien lawsuits by general contractor and subcontractors when tenant failed to pay contractor for work for restaurant to be opened at the client's office building. Assisted in the successful prosecution of claims by a general contractor against CalTrans in connection with freeway seismic retrofitting program.

4 4/66 Protested invalidation of low bid by Port of Long Beach on behalf of a national dredging contractor. Represented a general contractor, in successfully withdrawing from a public contracting bid it had submitted to UCLA after realizing that errors in its bid calculation spreadsheet had caused it to drastically underbid, and that it would lose millions if awarded the contract. Obtained favorable settlement in favor of a homebuilder client against subrogation claims brought by insurer of purchaser of client's home arising out of alleged leaks in walls of home. Obtained settlement whereby the public entity client did not pay any money toward the settlement of claims brought by another public entity and by a general contractor for payment allegedly due for work performed to install a water pipeline. Successfully liquidated claim of subcontractor against general contractor through a liquidation agreement even though general contractor was still in litigation with owner to obtain final settlement of sums due. Obtained dismissal in favor of an owner in defense of a mechanic's lien lawsuit brought by subcontractor who was not paid by general contractor. Litigated mechanics' lien claim on behalf of subcontractor against school district. Co-chaired 8-week jury trial in California state court defending national homebuilder in a class action involving claims of fraud, negligence and breach of warranty, with monetary exposure of approximately $55 million. Secured favorable rulings during trial which resulted in favorable settlement for client prior to jury deliberation. Successfully settled a construction defect claim brought by numerous homeowners against a developer of tract homes, utilizing proceeds from the insurance carriers and subcontractors. Represented the Nauru government in resolving complex construction defect case relating to the building of the civic center, including a trial in San Francisco against the roofing manufacturer. Lead trial counsel in a case brought in Texas state court over the failure of a geotechnical engineer to properly disclose adverse soils conditions prior to development. Lead trial counsel in obtaining a successful jury verdict for a national homebuilder in a state court action in Colorado involving fraudulent soils reports and widespread construction damage. Represented a developer in a $15 million dispute with the contractor and various subcontractors over delays in the construction of a ski resort. Represented a national homebuilder in a lawsuit against a developer and geotechnical engineers, in which the homebuilder alleged fraud, negligence, and breach of contract.

5 5/66 Defended contractor in lawsuit brought by high-end homeowner for breach of guaranteed maximum construction contract and construction defects. Represented the builder of two condominium towers in disputes with multiple contractors and subcontractors in dispute over construction defects. Represented a builder/architect in action by owner over designs and construction dispute. Represented a developer client in connection with the mismanagement of a construction project located in San Pedro, California, asserting claims for breach of contract, express contractual indemnity, and declaratory relief. Represented homeowners in suit against tile contractors for construction defects arising in their high-end home. Represented an owner in reverse build-to-suit action against builder regarding weatherproofing. Represented the owner of condominium project in pre-litigation settlement negotiations with builder regarding defects. Represented a management company in dispute with HOA over duty of management company to repair construction defects on decking of 84 high-end condominium units. Obtained a mediated settlement for a national public homebuilder under its umbrella liability policies on a Chinese drywall coverage claim involving over 200 homes, despite adverse law on the pollution exclusion in the forum state. Obtained a favorable settlement for a national REIT under its permanent property insurance policy for a substantial water intrusion loss involving multiple dwelling units and common area in a major mixed-use development. Obtained a mediated settlement for a bank and its homebuilding subsidiary under multiple CGL and umbrella liability policies in a $350 million reformation and bad faith action arising out of soils and concrete conditions in several hundred homes. Prevailed on a motion for partial summary judgment for a national public homebuilder. The court ruled that Chinese drywall losses in over 200 homes constituted a single occurrence under a contractors pollution liability policy, which required the client to pay only one selfinsured retention. Prevailed on a motion for summary judgment by our client, a general contractor, against a subcontractor's CGL insurer in a complex fatality action and shifted liability for a $6 million underlying judgment to the subcontractor's insurer under an additional insured endorsement, recovered the client's defense costs, and obtained substantial Brandt fees for the insurer's bad faith.

6 6/66 Recovered 100% of defense costs and indemnity payments for a regional private homebuilder as an additional insured in a construction defect bad faith action against a subcontractor's CGL insurer. Achieved a substantial settlement for Chinese drywall losses in a declaratory relief action on file in a state where the Supreme Court has held that the Total Pollution Exclusion applies to claims resulting from indoor exposure to noxious fumes. Obtained partial summary judgment that Chinese drywall losses in over 200 homes constituted a single occurrence. As a result, the insured developer had to pay only one self insured retention to access coverage, and the insurance company quickly settled the action. Represented construction manager in obtaining dismissal from construction defect litigation. Obtained favorable settlement for a national construction company against the owner of a major polluted site which had hired our client to do extensive work preparing a comprehensive guaranteed maximum price contract for the construction of a major mall on the site, and against the labor union which was the lender to the project based upon our client's bonded stop notices. Obtained favorable settlement on the eve of trial on behalf of a contractor in breach of contract, mechanic's lien and stop notice action against owner where owner failed to go forward with shopping center project. Represented a builder of high-end custom homes using prefabricated modular technology in a dispute with its primary fabricator who was claiming that it was still owned money for various services rendered in connection with a custom home. After extensive mediation, the fabricator abandoned its claims. Represented a custom homebuilder in construction defect action involving a home in Ladera Heights. Litigated non-payment claim on behalf of builder. Defended against construction defect action against builder by homeowners. Lawsuit involved contractor's licensing allegations and other Business & Professions Code violations, in addition to construction defects and punch list work. Litigation counsel for a regional developer in defense of homeowners' association suit and obtained 100% coverage of defense and indemnity payments through enforcement of contractual indemnity and additional insured coverage. Represented a mixed-use developer in recovering from its builders' risk carrier its repair and soft costs associated with significant course of construction damage through negotiation without need for litigation. Secured defense of a developer by insurer under liability policy in large construction defect action after carrier's initial denial based on claimed application of multiple, rather than a single, self-insured retention.

7 7/66 Represented a large developer/homebuilder in state court action filed by multiple plaintiffs alleging construction defects in homes. Represented numerous developers as defendants with respect to mechanic's lien claims filed against projects by contractors or subcontractors. Obtained significant recovery from contractors and insurers resulting from settlement of defect action involving an apartment building. Obtained significant recovery from a developer and contractors for failure to address flooding from rising underground water table. Prosecuted defect and fraud claims against a general contactor and subcontractors for highend luxury residence located in Santa Barbara. Variety of significant construction defects involved. Obtained multi-million settlement in favor of homeowners from general contractor and subcontractors. Represented a construction lender in litigation resulting from catastrophic landslide on ocean front golf course. Handled disputes involving the cause of the slide, possible fixes, insurance coverage, loan defaults, bankruptcy, and all related issues. Represented a general contractor in $6 million contract close out dispute on high-end condominium and commercial project in Santa Barbara. Represented a national hotel chain in major construction defect suit involving residential portion of large development in Santa Rosa. Represented one of California's largest residential/commercial developers in defending and prosecuting numerous multi-million dollar delay and disruption claims in projects throughout Southern California, including multiple luxury high-rise condominium projects, mixed-use projects and townhomes. The litigation included the prosecution (and defense of) claims against general contractors, subcontractors, engineers, architects, and others involved in the projects. Successfully defended a large residential developer in dispute over alleged defects in roof construction for thousands of homes in numerous developments. Recovered millions of dollars prosecuting non-disclosure claims and defect claims on behalf of owners of high-end homes throughout Southern California. Targets included insurance carriers (first and third party), sellers, and brokers who failed to disclose material information, as well as general contractors, subcontractors, architects, engineers, and others involved in the design and construction of the homes. Obtained a favorable settlement for an owner of a multi-million dollar home in litigation against the builder for failure to maintain a contractor's license and against the builder and the numerous subcontractors in a complex construction defect action.

8 8/66 Represented a residential builder in multi-million dollar construction claims case against major general contractor. The project involved condominiums in residential towers in Marina Del Rey. The lawsuit involved mechanic's lien claims, as well as delay claims, change order claims, claims involving completion of construction and punch list work, and a smoke transfer claim. Obtained substantial settlement with general contractor and numerous additional settlements with subcontractors and suppliers. Represented an office building owner regarding defective build out. Obtained settlements for a builder as builder's personal counsel, providing risk management counseling on construction, warranty, and insurance issues in all aspects of construction defect and warranty issues. Represented a national builder in multi-million dollar construction defect action brought by owners of attached townhomes in Camarillo. Variety of significant defects alleged, including failing retaining walls, leaking pot-shelves, etc. Represented a developer in construction claims lawsuit involving construction of concrete curb and gutter median on a public roadway. Lawsuit involved mechanic's lien dispute and dispute over change order work, delay damages and defective construction. Lawsuit also involved contractor's license issues and fraud claims. Defended against alter ego claims against a number of other defendants. Represented a developer in fraud lawsuit brought by homeowners in Thousand Oaks. Lawsuit involved fraud claims relating to non-disclosure of contractor license issues at the time of sale. Also defended against alter ego claims against a number of other defendants. Defended a multi-state private homebuilder in 400-plus home owner class action concerning alleged soils and structural code and other deficiencies. Settled case for a private homebuilder in a several hundred single-family detached home development with homeowner allegations involving alleged defects in soils, roofs, siding, stucco, windows, HVAC, plumbing, electrical, structural, and other components. Settled case on behalf of public homebuilder in 300-plus unit condominium project design and construction defect action brought by the homeowners association. Defended a private developer of a large master-planned multiple condominium community against design and construction defect claims brought by homeowner associations pertaining to buildings placed on 100-foot fill material which failed. Second chaired the 9 month jury trial that ensued. Personal litigation defense and risk management counsel for numerous private homebuilders in California's Central Valley in cases involving design and construction defects.

9 9/66 Served as personal litigation and risk management counsel to a private homebuilder in Nevada in a case involving more than 50 homeowners suing for multiple design and construction defects. Obtained defense verdict after a four-month class action jury trial alleging fraud and defective construction in a high-rise luxury condominium project. Received a court judgment after a three-month trial awarding $5.9 million for delay damages to the owner of a 23-story office building. The owner was assessed 20% of the fault for delay. The contractor received nothing on its $2 million claim. In addition, attorney's fees and costs of almost $1 million were awarded. Represented a building owner with respect to construction of a new high-rise office building in Los Angeles which had been delayed for 8 months due to errors of the architect, contractor, and elevator subcontractor. The contractor and subcontractors cross-claimed for $2 million. After a five-month court trial the owner was awarded $6.5 million for delay damages together with in excess of $1 million in attorney's fees, all of which was collected, and the contractor and subcontractors were awarded nothing on their claims. Represented a developer in action for declaratory relief against buyers of property refusing to purchase based on purported failure by developer to strictly comply with plans and specifications for construction of the residence. Represented a high-end ski resort hotel owner in a construction dispute over delays and disputed requests for change orders, against general contractor and subcontractors. Represented developers of large communities as well as luxury single family residences and condominiums in numerous construction defect cases throughout the State of California. Represented the developer of a luxury high-rise condominium project in a class-action for claims for fraud and defective construction. After a four-month jury trial, a defense verdict was rendered in favor of the developer. Represented a hotel owner in construction defect litigation against general contractor and subcontractors involving electrical and other defects. Represented a landowner in its suit against tenants who caused contamination of soil and groundwater, alleging causes of action under CERCLA and common law. Environmental counsel for plaintiff in 3000 E. Imperial, LLC v. Robertshaw Controls Co., CERCLA cost recovery litigation resulting in the first case upholding the bona fide prospective purchaser defense to CERCLA liability (asserted by 3000 E. Imperial, LLC due to successful pre-acquisition environmental due diligence performed by Cox, Castle & Nicholson).

10 10/66 Obtained settlements in excess of $13 million from a multi-national chemical manufacturer, a multi-national paint manufacturer, and several other parties in a combined environmental cleanup/eminent domain action. The litigation, on behalf of a municipal redevelopment agency, involved multiple simultaneous state trial court proceedings, including a five-week jury trial in one action, as well as federal district court litigation in which our client obtained a summary judgment leading to the final settlement. A state appellate ruling validated the client's position on the appropriate interaction of eminent domain and environmental cost recovery proceedings. Represented a Northern California municipality and redevelopment agency in cost recovery litigation against several different former operators of city-owned port site contaminated with hydrocarbon and PCE contaminants. Marshaled resources to assist city with extensive review of city records and historical data to locate and pursue former operators from decades earlier. Handled related insurance litigation as part of assisting city in its defense of contribution claims. Defended a gasoline distributor in contamination claim for strict liability, negligence, trespass, and nuisance brought by operator of water system for alleged actual and threatened MTBE contamination of the drinking water system arising from releases of gasoline. Represented a company in products liability and toxic torts litigation involving MTBE contamination of groundwater. Obtained a settlement in excess of $15 million from a major oil company on behalf of a municipal redevelopment agency client in a multi-party, multi-jurisdiction case arising out of an environmental cleanup necessary for the second phase of a multi-phase urban redevelopment project. This litigation involved the concurrent handling of common law claims, a statutory environmental cost recovery claim, eminent domain claims, federal appellate litigation over the extent to which a prior federal action partially resolved this state court action, and an extensive administrative process before a state agency. Obtained summary judgment for a municipality on claims that its historic management of waterfront areas within the city, its development of road and sewer infrastructure, and its land reclamation activities had contributed to environmental contamination at a site near the historic shoreline of San Francisco Bay. Represented an agency and municipality in Polanco Act and nuisance action for cost recover related to remediation of brownfield. Obtained settlements, on behalf of a land developer client, in excess of $10 million from two governmental entities in connection with a 300 acre project site where the governmental entities historic burn dump operations, and their subsequent mismanagement of the cleanup process, damaged the client's development opportunities.

11 11/66 Defended a chemical-producing subsidiary of a major wood and paper products manufacturer against claims for a multi-million dollar penalty in an enforcement/penalty proceeding under California's Hazardous Waste Control Law. Defended a municipality against claims based on alleged violations of the Clean Water Act and Resource Conservation and Recovery Act (RCRA). Obtained a settlement in a CEQA action, on behalf of a citizen opposed to a port authority's expansion project, that provided for various project revisions and payment of attorney's fees. Co-chaired a 4-week jury trial and subsequent appeal in the acquisition, cleanup, and redevelopment of a 15-acre industrial site. Client recovered in excess of $13 million of cleanup costs and related expenses. Key decisions reported as [i]emeryville v. Elementis Pigments, et al.[/i], 101 Cal. App. 4th 1083 (2002) and [i]emeryville v. Elementis Pigments[/i], 2001 WL (N.D. Cal.). Defended and settled a multi-million dollar penalty proceeding arising out of allegedly illegal disposal of hazardous waste by a Fortune 100 company. Defended a municipality in a Clean Water Act citizen enforcement suit and resolved matter without payment of civil penalties. Lead litigation and co-lead transactional counsel in municipal owner's cleanup and redevelopment of a bulk terminal/former defense facility. Client obtained over $3 million in proceeds from its own historic liability policies and a favorable development and disposition agreement including forward-looking pollution liability and cleanup cost cap coverage. Defended a plumbing fixture manufacturer sued under RCRA and CERCLA for alleged contamination arising out of a post-world War II ship scrapping operation located on San Francisco Bay and obtained settlements in excess of $10 million from the United States and various industrial entities. Obtained settlements in excess of $5 million from a multi-national chemical manufacturer, several major oil companies, and various insurance companies in a federal environmental cost covering action. This litigation involved extensive discovery and motion practice to defeat the defendants claims that the plaintiff redevelopment agency was the alter ego of the city that owned the site in question. Represented a global REIT in writ litigation against the California Department of Finance over the validity of a $50 million claim secured by a pledge of tax increment revenue. The claim was ultimately acknowledged by the Department of Finance to be a valid obligation and secured by a pledge of tax increment.

12 12/66 Represented a major developer in litigation against municipal and county government entities arising out of environmental contamination and the associated impairment of the economic opportunity at a 3000 unit planned development in Chico, California. Obtained a settlement worth approximately $10 million. Represented a clothing manufacturer/property owner in a multi-year, disputed administrative proceeding against three major oil companies and concerning contamination associated with historic bulk termination operations. Client obtained a settlement for full excavation of the residual fuel products and related contamination, which allowed client to close its sale of the site to a major REIT. Represented a redevelopment agency in CERCLA and Polanco Act claims action. Lead counsel for the successful appellees in [i]city of Emeryville v. Robinson[/i], 621 F. 3d 1251 (9th Cir. 2010), a seminal case clarifying the interplay of the federal Superfund statute and California's good faith settlement mechanism. Represented a municipal landowner working with a major developer to convert a 40-acre site heavily impacted by historic MGP operations to a mixed-use development. Client obtained commitment for a full cleanup, estimated at $25-$40 million, from a major utility. Trial counsel for the Emeryville Redevelopment Agency in a 7-year process of acquiring, cleaning up, and preparing a highly contaminated 4-acre parcel for redevelopment. Obtained $23 million and fee title through settlements, and a $3 million trial court judgment following an 8-week bench trial. Assisted in obtaining a favorable settlement and subsequent judgment against non-settling parties on behalf of owners of a commercial/industrial property against prior owners for environmental contamination. Successfully defended a public agency before the Ninth Circuit Court of Appeals on issues involving the interplay between contract settlement terms and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Represented a lessee of industrial property in CERCLA action against former owners and neighboring property owners to recover clean-up and remediation costs associated with removal of PCE contamination from the properties. Represented a developer of mixed-used residential project against former gas station-operator tenant who failed to remediate the property of soil and groundwater contamination at the conclusion of their tenancy. Represented a San Fernando Valley property owner in cost recovery litigation against owners of nearby car wash property. Represented property management company in dispute brought by tenant over failure to disclose mold remediation in unit prior to lease execution.

13 13/66 Represented the defendant, a large home developer, in action for recovery for fear of cancer associated with exposure to naturally occurring asbestos. Obtained favorable settlement that required the redevelopment agency which sold contaminated property to a client to remediate the site that was contaminated with hydrocarbons. Obtained multi-million dollar jury verdict for a New York based developer with plans to build a hotel in Laguna Niguel in an action against oil companies and adjacent landowners arising out of the discovery that the land on which the hotel was to be built was contaminated with petroleum hydrocarbons. Obtained summary judgment for a plumbing manufacturer that produced bombs during WWII under an order from the Department of Defense in RCRA and CERCLA action brought by property's current owner. Obtained summary judgment for a developer which was sued under the federal Resource Conservation and Recovery Act (RCRA) for burying DDT-laden soil under the streets in a new development. Represented developers and landowners against neighboring and upstream landowners alleging that the landowners were responsible for contaminating our clients' property. Obtained favorable jury verdict for a bank and a hotel developer suing a neighboring landowner and tenant for polluting our clients' property. The appellate decision arising out of the verdict continues to set the standard for the liability of a landlord for pollution caused by a tenant. Represented a corner bead manufacturer in superfund clean up action regarding proportionate contribution to the costs of clean up of a land fill. Represented an oil company in an action over leaching of petroleum products into the aquifer. Represented a large landowner client in a CERCLA cost recovery action involving a complex multi-year, multi-party mediation where the parties worked collaboratively on the site cleanup while simultaneously negotiating a settlement. Represented a large residential subdivision developer in a lawsuit alleging grading exposed neighbors to naturally occurring asbestos. Obtained very favorable settlement for client. Represented a municipal entity plaintiff in $30 million environmental cost recovery action against multiple defendants. Case settled with all but one defendant. After a seven-week bench trial, obtained a favorable judgment against the remaining defendant. Assisted an energy company in complex compliance matter related to the handling and disposal of hazardous waste under federal and state law.

14 14/66 Represented a large pharmaceutical company client in multi-party Proposition 65 lawsuit. Client successfully defeated the lawsuit on demurrer, which was upheld on appeal. Represented dozens of different retailers, distributors, and manufacturers to obtain favorable settlements of Proposition 65 lawsuits, and to avoid liability under Proposition 65 in the first instance. Defended a developer sued under CERCLA and RCRA by a homeowners association for placement of materials beneath a roadway (under DTSC supervision). Defended a major residential developer in CERCLA and RCRA litigation. Represented a landowner whose property was contaminated by activity on a neighboring property, where the principal claim was stigma damages. Bixby Ranch Co. v. Spectrol Electronics, the seminal California case involving stigma damages. Represented a public utility before the State Water Resources Control Board regarding appropriate orders issues in connection with groundwater contamination. Represented a biotech company in cost recovery action that compelled former railroad companies to address extensive environmental contamination through expedited remedial methods. Represented a commercial developer in cost recovery action against former gasoline service station and dry cleaning operators, obtaining recovery ten times higher than the amount of attorney's fees incurred in litigation. Represented a commercial landlord plaintiff suing a neighboring property owner and operator under RCRA for contamination arising out of lumber treatment processes. Represented a developer in recovery of $3.5 million dollars in settlement with oil company for damages arising predominantly from the loss of value to a Los Angeles residential project caused by the delay resulting from implementing a slow form of remediation. Represented major commercial developers in defending numerous suits for mold-related claims, including cases with alleged damages exceeding $10 million. Represented a retail developer in recovery of $1.3 million in settlement with oil company responsible for contamination from a former gasoline service station. The settlement more than sufficiently funded the complete remediation of the subject property. Defended large commercial building owners and managers in Proposition 65 lawsuit. Defended a large manufacturer in Proposition 65 lawsuit. Defended a major concert venue owner and retailer in Proposition 65 lawsuit.

15 15/66 Represented a group of lenders in several bankruptcy cases filed by related investment funds, involving multiple properties located throughout the country. Represented numerous landlords in several large retail bankruptcies brought about by the recent economic crash. Represented a hospitality company in numerous defaulted time share loans in bankruptcy cases throughout California. Represented a hotel franchisor in the bankruptcy case of its franchisee, involving a liquidation plan filed by the senior secured lender. Represented numerous lenders in obtaining relief from the automatic stay to foreclose on their real property collateral in bankruptcy cases throughout California. Represented numerous lenders in challenging proposed reorganizations by single asset real estate debtors. Represented a receiver in one of the largest receiverships in Los Angeles, involving a high profile commercial property. Advised clients on appropriate and necessary pre-enforcement actions. Advised clients regarding the non-judicial trustee's sale process and review and revise, if necessary, the notices and related paperwork prepared by the foreclosure trustees. Advised numerous borrowers in negotiating consensual sales of real property collateral by receivers. Represented a bank in defending against a complex unfair business practices action based on loans that the bank unwittingly purchased from a leasing company operating a Ponzi scheme. Represented a mezzanine lender in defending a lender liability action related to a partially completed condominium project. Represented numerous banks in actions to obtain the appointment of receivers for real and personal property collateral. Successfully defended against a borrower trying to stop a foreclosure of a partially completed restaurant by a bank. Represented several banks in obtaining prejudgment writs of attachment in a breach of guaranty action. Handled various receivership actions involving the defense of and prosecution of a receivership involving various hotels.

16 16/66 Represented a company in numerous actions in which the client sought to take over defunct public companies through the appointment of a receiver. Successful in having a receiver appointed in several actions. Represented a national banking institution in suing mortgage brokers which placed loans with bank that defaulted. The claims asserted were based upon the seller's agreement and various guarantee provision by the brokers representing that information was verified with the borrowers, but which had turned out to be false. Asserted various claims for breach of contract, fraud, and negligent misrepresentation. Represented a landowner on lender liability theories. Assisted in obtaining relief following appellate proceedings from Bankruptcy Court judgment that erroneously granted ownership of alter ego claims to defendant's bankruptcy estate rather than to plaintiff, who was the rightful owner of the claims. Represented a lender in judicial and non-judicial foreclosure proceedings which triggered complex lender liability suit by buyers of five properties. Succeeded in foreclosure proceedings and caused dismissal of the suits through successful summary judgment motion. Represented lenders in complex case brought by buyers of five properties pursuant to a development agreement where the buyers failed to make payments under promissory notes which triggered judicial and non-judicial foreclosure proceedings. Represented a lender in a complex series of consolidated cases involving a real estate investment ponzi scheme. Represented a national homebuilder in a lawsuit brought by SunTrust Mortgage, Inc., seeking indemnity based on a breach of contract claim for performance under a mortgage broker agreement. Represented a bank in a $20 million dispute over various real estate loans and in various related regulatory investigations. Represented mezzanine lenders in suit brought against borrowers/guarantors in foreclosure action. Represented the lender in a dispute over a $40 million investment in a major downtown mixeduse complex. Represented a principal creditor Chapter 11 reorganization of multi-level marketing company. Defended a guarantor and principal obligor in action on failed development. Defended a guarantor and principal obligor in action on failed development. Defended seven different lender liability cases and in each case obtained either dismissals or advantageous settlements.

17 17/66 Handled numerous workouts of failed loans both from the lender and borrower perspectives. Obtained dismissal of individual sued by the FDIC on a guarantee obtaining attorney's fees in the process. Obtained mid-7 figure settlement for a lender in suit to obtain lost interest profit against potential borrower that backed out of commitment to borrow for a better deal. Represented a borrower in 9-figure borrowings dispute with primary lender on various projects. Represented a borrower against successor lender to Lehman Brothers over funding of draws. Represented a company in numerous actions in which the client sought to take over defunct public companies through the appointment of a receiver. Had a receiver appointed in several actions. Represented a developer in failure to fund case against national bank. Represented a Fijian company in defense of a claim for a broker's commission on successful financing opportunity. Represented a foreclosing mezzanine lender in demand for advances due the original borrower. Represented guarantors in suit brought by lenders for breach of guaranty. Settled case on behalf of a borrower against mezzanine lender that refused to fund draws. Settled case on behalf of a timeshare borrower over interpretation of subordination clause relating to receivables financing. Settled case on behalf of a timeshare operator in dispute with lender of $500 million credit facility involving whether events of default had occurred. Represented a landowner against bank on lender liability theory. Represented a client in connection with a loan made to a company and officers, which defaulted. Issues surrounded the alleged guaranty of the loan by the officers given that the guarantees were not properly documented. Obtained a favorable settlement as to one guarantor and dismissal of the other guarantor. Represented a developer in connection with the default in financing on a development project located in Lake Elsinore, California. Developer client personally guaranteed the financing. Defended action brought by lender on personal guarantee asserting claims for bad faith by the lender. Mid-way during litigation the lender was taken over by the FDIC. Obtained dismissal of California-based litigation following removal to federal court after FDIC became Plaintiff.

18 18/66 Represented an owner and founder of company against investor claims of breach of fiduciary duties and breach of contractor arising out of failure to repay conditional loan. Persuaded the Federal District Court to permanently enjoin a lender's presentation of an over $2 million irrevocable letter of credit provided by our investor client as additional security for the construction loan on an office building project which failed. Both the Ninth Circuit Court of Appeals and the United States Supreme Court declined to stay the injunction despite the lender's attempts to have it stayed. Tried to a defense verdict a case alleging lending discrimination filed by a Korean-owned company against a major California bank. Represented the successful purchaser of an office building, through an auction, in a Chapter 11 bankruptcy case pending in Los Angeles. Represented numerous secured creditors in negotiating debtor's use of cash collateral, obtaining relief from the automatic stay and foreclosing on personal property collateral. Represented numerous secured creditors in obtaining relief from the automatic stay to foreclose in a single asset real estate cases. Represented retail landlords in negotiating the favorable terms in the bankruptcy assumption and assignment of their leases. Represented a secured creditor in negotiating a settlement with debtor pursuant to which the secured the secured creditor received relief from stay to foreclose on some of its collateral and some of its collateral was sold with proceeds being paid to the secured creditor. Represented a secured creditor in negotiating the debtor's use of cash collateral and sale of all of the debtor's assets under Bankruptcy Code Section 363, of all the debtor's assets. Represented a secured creditor in negotiating treatment of its fully secured claim in a confirmed plan of reorganization. Represented a secured creditor in negotiating with the debtor for a sale of all the debtor's personal property assets and payment of the proceeds thereof, less negotiated carve outs, to the secured creditor. Represented a secured creditor in obtaining dismissal of a single asset real estate case based on the new debtor syndrome. Represented a secured creditor in obtaining full payment of its claim through a negotiated plan of reorganization. Represented a secured creditor in obtaining relief from the automatic stay in a bankruptcy case in which the debtor held a second deed of trust encumbering property, which was not owned by the debtor, on which the secured creditor had a first deed of trust.

19 19/66 Represented secured creditors in evidentiary hearings in contested plan confirmation hearings, avoidance actions and relief from the automatic stay proceedings. Represented a financial institution in connection with the Chapter 11 bankruptcy case of a carpet installer for Home Depot. Represented a financial institution in connection with the Chapter 11 bankruptcy case of a manufacturer of after-market automotive accessories. Represented a financial institution in connection with the Chapter 11 bankruptcy case of a manufacturer of hair products. Represented a financial institution in connection with the Chapter 11 bankruptcy case of a nursery. Represented a financial institution in connection with the Chapter 11 bankruptcy case of a patio furniture distributor. Represented a secured creditor in connection with the Chapter 11 of a single asset entity which owned an office building. Defended a homebuilder client and its principal in litigation brought by lender to recover on guaranties and obtain a prejudgment writ of attachment pending trial. Represented a contractor in an action to stop foreclosure and determine priority of liens among various lenders and mechanic's lienholders. Handled declaratory relief action brought by guarantors of a large real estate portfolio acquisition loan, seeking exculpation from certain guaranty provisions. Multi-week trial before a private judge, litigating dispute between mezzanine lender and principals of borrower, over the borrower's alleged intentional conduct to trigger a call on a letter of credit put up by the mezzanine lender as additional security for the senior lender. Argued appellate issues before Fourth District Court of Appeal in related case against prior members of borrower entity. Represented lenders in conducting public and private Uniform Commercial Code foreclosure sales of a debtor's equipment, inventory, accounts receivable membership interests in a limited liability company and a judgment. Represented lenders in putting account debtors on notice and in foreclosing on pledged bank accounts.

20 20/66 Represented an insurance company adverse to a leading computer manufacturing company involving a claim under an Errors & Omissions policy. The claim arose out of underlying litigation in which the computer company was sued by former employees, who were treated as independent contractors, but were lawfully "employees" and entitled to benefits, including stock options. Successfully defended a national homebuilder against multiple claims alleging prevailing wage and unfair competition claims violations. Represented a software company in arbitration brought by employees alleging ethnic origin discrimination claim. Prosecuted trade secret misappropriation and copyright infringement suit in the Southern District of California on behalf of Fortune 500 company against former employees of company. Obtained summary judgment against defendants, and caused return of the technology and monetary concessions by defendants. Defended three separate clients who operate restaurants in San Francisco in wage and hour claims before the California Labor Commissioner. Represented an employer in class action wage and hour action brought by employees for unpaid meals and breaks. Represented former WorldCom in all wage and hour disputes filed in Northern California at the labor commissioner level. Represented a large bakery in wage and hour action brought by five employees for unpaid overtime, meals, and breaks. Represented an employer in case involving allegations of wrongful termination brought by two employees fired for forming a separate company through which to direct company purchases and skimming by employees. Represented a Fortune 100 company over the firing of employees in the defense industry. Obtained judgment for a husband and wife terminated from a written employment contract. Represented the president and CEO of large mortgage company in a wrongful termination action against large mortgage company. Resolved with 8-figure payment to client. Successfully defended a glass manufacturer in a wrongful termination case. Successfully defended two sexual harassment claims against a major computer importer. Obtained defense verdict following jury trial on behalf of company in a sexual harassment lawsuit by former employee.

21 21/66 Obtained unanimous defense verdict for company in sexual harassment claim by former employee. Represented a rock band and their manager in a sexual harassment claim by a roadie. Successfully obtained TRO in favor of employer against employee who had absconded with trade secrets customer lists and other proprietary information. Defended an action by employees over timing of funding of ERISA contributions. Defended an action by ex employees over funding and rights to ERISA plan and ESOP program. Obtained an appellate decision establishing the immunity of developers to class action prevailing wage claims through representation of general contractor, developer, and surety of master planned commercial and residential community against class action claims by employees seeking to represent all employees of all construction employers on the master planned development and claiming alleged underpayment of wages under California's Prevailing Wage Law. Litigated individual and class action prevailing wage claims and authored numerous briefs submitted to California's Supreme Court and Courts of Appeal addressing the interpretation and application of the prevailing wage law. Successfully defended and maintained trustee and sponsor interpretation of vacation plan structure through federal trial and appellate courts, obtaining a decision which protected trustee interpretations of ERISA benefit plans nationwide Defended a general contractor against labor compliance program wage and penalty assessment in administrative hearings before Department of Industrial Relations. Defended a general engineering contractor against claims by electrician union and related trust funds for contributions and employees' dues on behalf of workers performing work on the MTA Exposition Line light rail and related projects. Defended a non-profit performing arts center against employee claims of retaliation and wrongful termination arising from claims of unsanitary conditions at work place. Defended a payroll company against Employment Development Department assessments for State unemployment insurance contributions. Obtained complete dismissal by demurrer of wrongful termination and tort claims brought by dozens of employees against hotel developer and operator. Represented and coordinated defenses of a building owner against workers' compensation claims and civil negligence and wrongful injury claims arising from injury to employee of painting contractor.