Results
No one can guarantee a particular result in any given case. But we strive to provide exceptional representation and service to each of our clients. Following are some examples of our successes:
Personal Injury
Collins v. County of San Diego (2021) 60 Cal.App.5th 1035
We successfully defended a $6.4 million judgment
against the County of San Diego arising out of negligence by sheriffs and jail
nurses that caused a life-altering brain injury.
Class Action
Donahue v. AMN Services, LLC (2021) 11 Cal.5th 58
In this landmark wage and hour case, the California Supreme Court held
that the practice of rounding time punches for employee meal periods violates
California’s Labor Code.
Writ Relief
Nagle v. Superior Court of San Diego County (2021) D079262
We successfully obtained a peremptory writ in the first instance
directing the trial court to set a trial date within the time mandated by Code
of Civil Procedure section 36 because of our client’s failing health.
Public Entity Law
San Diego Unified Port District v. Superior Court (2015) D067684
After issuance of an order to show cause, we achieved an order denying a petition for writ of mandate in a contractual dispute between a local business and a public entity.
Employment Law
Haligowski v. Superior Court (2011) 200 Cal.App.4th 983
In a case of first impression, we represented an employer in a writ that resulted in a published decision holding that, as in other contexts, only employers (not individual managers) may be held liable for claims of discrimination and retaliation asserted by veterans.
Family Law
Benner v. Kerwin (2016) D070113
We achieved a favorable settlement of an appeal from an order determining that our client's retirement benefits were an omitted asset subject to post-judgment division.
Construction Defect
Jimenez v. Superior Court (2002) 29 Cal.4th 473
We represented a class of homeowners whose case succeeded in making new law in construction defect litigation. The California Supreme Court held that window manufacturers may be strictly liable in tort for damage caused by defective windows installed in mass-produced homes.
Medical Malpractice
Uriell v. Regents of the University of California (2015) 234 Cal.App.4th 735
In this wrongful death action, we defeated a hospital's appeal arguing for a heightened standard of causation in medical malpractice cases. The court affirmed judgment for the plaintiff based on expert testimony that, "to a reasonable degree of medical probability," the deceased would have survived ten more years if she was properly diagnosed.
Eminent Domain
San Diego Gas & Electric Company v. Schmidt (2014) 228 Cal.App.4th 1280
We defeated an appeal from a judgment awarding $8 million to property owners, and the appellate court established (in a case of first impression in this district) that market value of a condemned mineral property may be proven by the "income approach."
Secured Transactions
Bonano v. Mejorado, et al. (2016) D065764
We represented a lending business and achieved affirmance of a dismissal of the complaint for inexcusable delay in taking the case to trial.
Business Litigation
Photomedex, Inc. v. Irwin, 601 F.3d 919 (9th Cir. 2010)
In this case of first impression, the Ninth Circuit held a manufacturer of medical devices could not sue a competitor for false advertising under the Lanham Act where a determination of the alleged falsity intruded on the exclusive authority of the FDA.
Guaranty Law
Dobron v. Bunch (2009) 125 Nev. 460, 215 P.3d 35
We successfully appealed an order requiring a guarantor of a loan to pay attorneys' fees and changed the way courts in Nevada interpret guaranty agreements.
Estate Planning
Ukkestad v. RBS Asset Finance, Inc. (2015) 235 Cal.App.4th 156
We won an estate planning appeal, and the published decision established new law clarifying how real property may be funded in a trust.
Probate Law
Munn v. Briggs (2010) 185 Cal.App.4th 578
We defeated an appeal in this significant case in probate law. The court clarified that a beneficiary who did not first exhaust his probate remedies could not sue for tortious interference with an inheritance expectancy.
California Court of Appeal
Baker v. Superior Court (1983) 150 Cal.App.3d 140
San Diego Gas & Electric Co. v. Daley (1988) 205 Cal.App.3d 1334
Times-Mirror Co. v. Superior Court (1988) 198 Cal.App.3d 1420
Anderson v. Superior Court (1989) 213 Cal.App.3d 1321
Koll Hancock Torrey Pines v. Biophysica Foundation, Inc. (1989) 215 Cal.App.3d 883
Tri-Growth Centre City, Ltd. v. Silldorf, Burdman, Duignan & Eisenberg (1989) 216 Cal.App.3d 1139
Brookview Condominium Owners’ Assn. v. Heltzer (1990) 218 Cal.App.3d 502
Marvin v. Adams (1990) 224 Cal.App.3d 956
Esbensen v. Userware Int’l (1992) 11 Cal.App.4th 631
George v. International Soc’y for Krishna Consciousness (1992) 3 Cal.App.4th 52
Mediplex of California v. Superior Court (1995) 34 Cal.App.4th 748
Dalany v. American Pacific Holding Corp. (1996) 42 Cal.App.4th 822
Voigts v. Brutoco Engineering & Construction Co. (1996) 49 Cal.App.4th 354
Smith v. Golden Eagle Ins. Co. (1999) 69 Cal.App.4th 1371
Dolan-King v. Rancho Santa Fe Assn. (2000) 81 Cal.App.4th 965
Weingarten v. Superior Court (2002) 102 Cal.App.4th 268
Friese v. Superior Court (2005) 134 Cal.App.4th 693
Border Business Park, Inc. v. City of San Diego (2006) 142 Cal.App.4th 1538
Jet Source Charter, Inc. v. Doherty (2007) 148 Cal.App.4th 1
Williams v. Superior Court (2007) 147 Cal.App.4th 36
Zagami, Inc. v. James A. Crone, Inc. (2008) 160 Cal.App.4th 1083
Bains v. Moores (2009) 172 Cal.App.4th 445
Silver Creek v. Blackrock RealtyAdvisors, Inc. (2009) 173 Cal.App.4th 1533
Munn v. Briggs (2010) 185 Cal.App.4th 578
P&D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332
Haligowski v. Superior Court (2011) 200 Cal.App.4th 983
Hartnett v. Crosier (2012) 205 Cal.App.4th 685
Bowers v. Raymond J. Lucia Companies (2012) 206 Cal.App.4th 724
Muldrow v. Surrex Solutions (2012) 146 Cal.Rptr.3d 447
National Financial Lending, LLC v. Superior Court (2013) 222 Cal.App.4th 262
Brewer Corporation v. Point Center Financial, Inc. (2014) 223 Cal.App.4th 831
Eskeland v. City of Del Mar (2014) 224 Cal.App.4th 936
Perkin v. San Diego Gas & Electric Co. (2014) 225 Cal.App.4th 492
San Diego Gas & Electric Company v. Schmidt (2014) 228 Cal.App.4th 1280
Schmidt v. Bank of America, N.A. (2014) 223 Cal.App.4th 1489
Brinkley v. Monterey Financial Services, Inc. (2015) 242 Cal.App.4th 314
Diaz-Barba v. Superior Court (2015) 236 Cal.App.4th 1470
Ukkestad v. RBS Asset Finance, Inc. (2015) 235 Cal.App.4th 156
Uriell v. Regents of the University of California (2015) 234 Cal.App.4th 735
Golden Eagle Land Invest., L.P. v.
Rancho Santa Fe Assn. (2018) 19 Cal.App.5th 399
Apple,
Inc. v. Superior Court (2018) 19
Cal.App.5th 1101
Von
Becelaere Ventures, LLC v. Zenovic (2018)
24 Cal.App.5th 243
In re Marriage of T.C. & D.C. (2018) 30
Cal.App.5th 419
Hicks v. Richard (2019) 39
Cal.App.5th 1167
Loeb v. County of San Diego (2019) 43
Cal.App.5th 421
Shih v. Starbucks Corp. (2020) 53
Cal.App.5th 1063
Balla v. Hall (2021) 59
Cal.App.5th 652
Midway Venture LLC v.
County of San Diego (2021) 60 Cal.App.5th 58
Lee v. Kotyluk (2021)
59 Cal.App.5th 719
Collins v. County of San
Diego (2021) 60 Cal.App.5th 1035
Antelope Valley Groundwater
Cases (2021) 62 Cal.App.5th 992
Usher v. White (2021)
64 Cal.App.5th 883
Severin Mobile Towing, Inc.
v. JPMorgan Chase Bank, NA (2021) 65
Cal.App.5th 292
Divino Plastic Surgery,
Inc. v. Superior Court (2022) 2022 WL
1197962
Ninth Circuit Court of Appeals
40235 Washington Street v. Lusardi 329 F.3d 1076 (9th Cir. 2003)
Maxwell v. County of San Diego 708 F.3d 1075 (9th Cir. 2013)
Photomedex, Inc. v. Irwin, 601 F.3d 919 (9th Cir. 2010)
R&R Sails, Inc. v. Ins. Co. of the Pa. 673 F.3d 1240 (9th Cir. 2012)
Withrow v. Bache Halsey Stuart Shield, Inc. 655 F.3d 1032 (9th Cir. 2011)
Young v. Anthony’s Fish Grottos, Inc., 830 F.2d 993 (9th Cir. 1987)
California Supreme Court
Dibb v. County of San Diego (1994) 8 Cal.4th 1200
Jimenez v. Superior Court (2002) 29 Cal.4th 473
Pinnacle Museum Tower Association v. Pinnacle Market Development (2012) 55 Cal. 4th 223
Donohue v. AMN Services,
LLC (2021) 11 Cal.5th 58
Nevada Supreme Court
Dobron v. Bunch (2009) 125 Nev. 460, 215 P.3d 35