Case Results

$129,498.00 Demand by Former Employee

Outcome: Matter settled pre-litigation for $10,000.00

Description: Through counsel, former employee of client made pre-litigation demand of $129,498.00, alleging Wrongful Termination, Unpaid Wages/Overtime, Missed Meal and Rest Periods, Wage Statement Violation, Failure to Engage in Interactive Process and Reasonable Accommodation, Discrimination, Harassment and Disparate Treatment, and Labor Code § 203 Wait Time Penalties. Matter was resolved pre-litigation for $10,000.00, to be paid over four (4) months.

$117,250.00 Demand by Former Employee

Outcome: Matter settled pre-Litigation for $1,000.00.

Description: Through counsel, former employee of client made pre-litigation demand of $117,250.00, alleging Wrongful Termination, Harassment and Discrimination, Labor Code § 2802 violations (Failure to Reimburse), Unpaid Wages/Overtime, Wage Statement Violations, Missed Meal and Rest Periods, Labor Code § 203 Wait Time Penalties, and Punitive Damages. Matter was resolved pre-litigation for $1,000.00.

Recovery for Violation of Trade Secrets and Trademark Violation

Outcome: Recovered $50,000.00 pre-litigation.

Description: Recovered $50,000.00 for client from third-party who unlawfully disclosed and utilized client’s trade secrets and registered trademark. Settlement Agreement also included liquidated damage clause for any future violation, intentional or unintentional, by third-party.

Buyer who Breached Purchase/Sale Agreement.

Outcome: $223,324.50 Mediation Awarded to Residential Seller

Description: Subsequent to Buyer waiving all contingencies as to purchase of residential property, Buyer failed to complete the transaction, alleging that due to COVID-19 pandemic Buyer was no longer able to obtain the financing Buyer alleged to have arranged for purchase of the residence. Arbitrator ruled against Buyer on its defenses of Force Majeure, Impossibility to Perform, Frustration of Purpose, Frustration of Contract, Operation of Law, and allegation of Failure to Disclose Materials Facts, awarding Seller monetary damages and attorney’s fees.

$245,923 Preferential Payment Claim Defended

Outcome: Matter settled for $10,000.00

Description: Assignee sought to recover $245,923 from firm’s insurance company client, alleging that prior insurance premiums payments by assignor were in fact preferential payments and therefore recoverable. Through discovery, law firm established that the payments in question were made in the usual, customary and ordinary course of business and were therefore not recoverable by assignee. The settlement amount was a sum far less than the attorney’s fees and costs our client would have incurred by continuing litigation.

$180,000.00 Commercial Collection

Outcome: Settlement of $220,000.00

Description: Client provided services to a third party. When third party refused to pay for the services and did not respond to a demand letter complaint was filed. Immediately thereafter, an application for prejudgment writ of attachment was filed. In response to the filing of the prejudgment writ of attachment being filed the third party agreed to a settlement of not only the principal amount due, but also interest on the balance, attorney’s fees and all costs incurred by the client in the litigation.

$485,895.29 Judgment, and referral for Criminal Charges

Outcome: $485,895.29 Judgment, and referral for Criminal Charges

Description: Client, a financial services lender, made advanced money to Defendants for the benefit of third parties. The Defendants fraudulently used these advances for business and personal expenses. When Client sought to recover these amounts from the third parties, the Defendants scheme was uncovered. After the Defendants asserted their Fifth Amendment Rights in response to discovery demands, and the court found such assertion improper, the court struck Defendants’ Answers and entered judgment for the Client. Third parties involved in the litigation brought this matter to the attention of the regulatory body overseeing the Defendants’ business operations, who with the information provided by Lerner & Weiss, has pursued criminal charges against individual Defendants resulting in guilty pleas and restitution orders.

$652,260 Breach Of Promissory Note And Cross-Complaint

Outcome: Settlement of $480,000.00 and Dismissal of Cross-Complaint

Description: Client provided services to third-party. To secure payment for these services the third party executed a promissory note in favor of client. When the third party breached the promissory note, litigation was commenced. Third party filed a cross-complaint alleging business torts, including misappropriation of trade secrets, unfair competition and intentional interference with contract. The matter was settled with a Dismissal with Prejudice of the Cross-Complaint, a Stipulation for Entry of Judgment in the sum of $480,000.00 and a Personal Guaranty with reference to the payment of the $480,000.00.

$101,760 Default Judgment Set Aside; Affirmed On Appeal

$101,760 Default Judgment Set Aside; Affirmed On Appeal

Outcome: Default judgment entered against client set aside and affirmed

Description: Client came to law firm after default and default judgment had been entered against the client in the sum of $101,760. Firm moved to set aside default and defendant with the motion being supported with a declaration of attorney fault from the client’s prior counsel. The trial court granted the motion to set aside default and default judgment and returned to the matter to the civil active list. Plaintiff appealed the trial court’s granting of the motion.

The court rejected the plaintiff’s interpretation of the relief provisions contained in California Code of Civil procedure section 473(b). The court also rejected the plaintiff’s assertion that the motion to set aside the default and default judgment should have been denied based upon the attorney declaration of fault not setting forth the exact reason why defendant’s prior counsel failed to act to prevent the entry of default and default judgment.

The appellate court affirmed the ruling of the trial court in granting the motion to set aside default and default judgment, and the matter was returned to the civil active list so as to proceed on the merits of the case.

To review the entire published opinion:
https://law.justia.com/cases/california/court-of-appeal/2016/b263198.html

$750,000 Employment/Wage Claim Defended

Outcome: Matter settled for $9,000.00

Description: Client was sued in an action for wrongful termination, failure to pay wages, breach of oral/implied contract and other employment-related claims. The matter settled through the mediation process, with client only paying $9,000.00. This sum was considered a cost of defense settlement.

Resolution of Violations Issued by Air Quality Management District

Negotiated resolution of multiple Notices of Violation issued to Client and third parties by Air Quality Management District, limiting claim for monetary damages and releasing Client from all alleged violations.

$270,000.00 Enforcement Of Judgment

Outcome: $293,000.00 recovery and dismissal of appeal

Description: Client was seeking enforcement and recovery of a judgment in the sum of $270,000.00. Firm began enforcement by way of bank levies and sheriff keepers in the restaurants operated by judgment debtor. By way of a motion, the firm added an additional third-party judgment debtor to the judgment and began additional enforcement actions. Third-party judgment debtor filed an appeal seeking to overturn the trial court’s granting the motion to add the third party as a judgment debtor.

Firm negotiated a settlement in the sum of $150,000.00, which in addition to monies collected previously by the firm with enforcement techniques resulted in recovery for the client in the sum of $293,000.00. As part of the settlement the appeal was also dismissed.

$135,000 Trust Beneficiary Rights Successfully Protected Through Published Appellate Decision

Outcome: Assignment order denied; Ruling sustained on appeal

Description: Financial institution obtained a sister-state judgment of $135,000 against the firm’s client, a beneficiary of two (2) Ohio Trusts then residing in California. The financial institution sought to assign the trusts and issuing an order restraining the beneficiary from otherwise disposing of her right to payment under the trusts.

The trial court denied the motion for an assignment order holding that what was being requested of the court is not contemplated within California Code of Civil Procedure section 708.510. The financial institution appealed the trial court’s denial of the motion. The firm also handled the appeal in behalf of the beneficiary.

On appeal, the California Court of Appeal, Fourth District, Division 2, affirmed the trial court’s denial of the motion for an assignment order in a published opinion. The court agreed with the firm’s argument in opposition to the underlying motion that the trial could not grant the relief sought as the trial court did not have jurisdiction over the two (2) Ohio trusts of which the client was a beneficiary. The court found that by seeking an assignment order pursuant to California Code of Civil Procedure section 708.510 financial institution sought to acquire the beneficiary’s rights to receive payments from the trusts. The court held that such a result was precisely what the Legislature precluded by enacting California Code of Civil Procedure section 709.010(a) which requires the court from which the enforcement order is sought to have jurisdiction over the administration of the trust subject to the enforcement Order. The trial court did not have such jurisdiction in this matter and as such properly denied the financial institutions motion.

The appellate court also rejected the financial institution’s further arguments that it was permitted to seek an order requiring the beneficiary to turn over funds the trustee had already distributed to the beneficiary, agreeing with the trial court that funds already in the possession of the beneficiary were not subject to relief sought by the financial institution, but by other methods.

As a result of the firm’s successful opposition to the motion and the successful enforcement of the judgment was permitted.

To review the entire published opinion:
FirstMerit Bank, N.A. v. Reese, 242 Cal. App. 4th 408 (Cal. App. 4th Dist. 2015)

$60,924 Electrical Fire Subrogation Complaint

Outcome: Settlement of $42,500 prior to mediation

Description: The defendant electrical contractor was hired by client’s insured to troubleshoot and repair main electrical feeders to suites located in the building owned by the client’s insured. Subsequently a fire occurred in the electrical room for the subject building, not only causing physical damage to the building, but also causing damage to the electrical feed to the building, causing economic damages to not only the building owner, but a tenant as well.

Inspection of the loss site indicated problems and code violations associated with electrical service equipment and meter panels that most likely existed prior to defendant being retained. Defendant had been called in on multiple occasions specifically to fix the arcing between the two sections of wire gutter. This could have been accomplished with equipment modifications, but was not done. As such, the defendant electrician’s modifications to the electrical service equipment were not effective at removing the root cause of the arcing. The ineffective modifications allowed a dangerous condition to persist that resulted in a fire, and damages paid by law firm’s insurance client.

This matter was settled prior to mediation.

$51,000 Elevator Equipment Subrogation Complaint

Outcome: $45,000 settlement

Description: Fire in elevator shaft destroyed an apartment building, as well as causing damage to client’s insureds located next to the apartment building. The conclusion reached by law firm’s cause and origin investigator, and our electrical engineer, is that the fire started due to the improper installation of the elevator equipment by the defendant, particularly the location of the elevator controller where the resisters are located.

The installation of the controller was at a location less than twelve inches (12”) from a bare wood wall. The National Electronic Code requires at least twelve inches (12”) of clearance, or the installation of a thermal barrier between the controller and the wood surface. Neither of these safety requirements was complied with during the installation of the subject equipment. As a result, heat from the operation of the resisters over time, and the proximity to the bare wood caused the wood to catch fire causing the resulting damages to client’s insured.

After disclosing photos taken by experts hired by law firm, as well as rules and regulations with reference to the installation of elevator equipment, defendant settled with law firm’s insurance client.

Negotiation and Preparation of Documents for Sale of Multi-Location Business and Lease of Real Property

Negotiated terms and prepare sales documents for Client selling multi-location business, including Stock Sale Agreements, Leases, Financing Statements, Consulting Agreements, and SBA documentation.

$175,000 Employment Law Case Resolved Through Mediation

Outcome: Matter settled at mediation for $45,000

Description: Client/Employer was served with a complaint alleging multiple violations including Failure to Accommodate under the California Fair Employment and Housing Act, Failure to Engage in the Interactive Process, Discrimination, Wrongful Termination in Violation of Public Policy, Retaliation, Failure to Pay Overtime, Failure to Pay Upon Termination, Failure to Provide Correct Itemized Statements, Unfair Business Practices, and emotional distress damages. Former employee initially made a settlement demand of $175,000. Through effective mediation, the matter was resolved for $45,000.

$400,000+ PAGA Action Successfully Defended

Outcome: Matter settled for $10,000 with court approval

Description: Former employee filed a Private Attorney General Action (PAGA) on behalf of himself and “other members of the general public similarly situated.” Complaint alleged multiple violations including Meal and Rest Period Violations, Minimum Wage Violations, Overtime Violations, Wage Statement Violations, Failure to Reimburse Business Expenses, Failure to Pay Wages Upon Separation, and Failure to Produce Personnel Records. Former employee made demands exceeding $400,000. After evaluation of documentation and legal analysis, Lerner & Weiss filed a Motion for Summary Judgment. With the motion pending, the matter settled for $10,000 with required court approval.

$80,000+ Age Discrimination and Wage Violation Case

Outcome: Matter resolved at mediation for $32,000

Description: Former employee filed complaint alleging Age Discrimination, Wrongful Termination, Meal and Rest Period Violations, Unfair Business Practices, and Damages for Mental Pain, Anguish and Emotional Distress. The former employee sought damages exceeding $80,000 for lost wages, plus future damages over $55,000, and additional compensation for alleged pain, suffering and emotional distress. Lerner & Weiss successfully argued that the termination was based on legitimate business reasons rather than age discrimination, demonstrated the employee wasn’t replaced by a younger worker, established a shorter damage period due to COVID closures, proved the existence of a valid meal period waiver and provided rest breaks, and showed the former employee failed to properly mitigate damages. The matter was resolved through mediation for $32,000.

$173,000 Commercial Lease Dispute Successfully Resolved

Outcome: Full recovery of $173,000 in unpaid compensation

Description: Represented a commercial REIT in addressing disputes regarding Base Rent issues, Base Rent Abatement issues, and interpretation of lease amendment terms. Client sought either eviction or recovery of over $173,000 in unpaid compensation. Through negotiations with the tenant and tenant’s counsel, Lerner & Weiss successfully established that their interpretation of the lease and lease amendments was correct, resulting in the tenant paying the full balance of $173,000.

$415,000+ Commercial Property Eviction and Recovery

Outcome: Obtained possession of premises and judgments exceeding $415,000

Description: Represented a commercial landlord in an eviction case seeking recovery of possession and monetary damages from both a tenant and personal guarantor. Successfully obtained a judgment of possession, secured possession of the premises through a lock-out procedure, and obtained judgments against both the corporate tenant and individual personal guarantor for damages exceeding $415,000.

Multiple Workers’ Compensation Insurance Premium Recovery Cases

Outcome: Full recovery of unpaid premiums in multiple cases

Description: Successfully represented an insurance carrier in multiple cases involving unpaid workers’ compensation insurance premiums, with significant recoveries including:

  • Recovery of $200,000+ in unpaid premiums within two months of filing complaint for policies covering 23 separate locations
  • Recovery of $135,000+ in unpaid premiums within one month of demand letter for large commercial brewery
  • Recovery of $125,000+ in unpaid premiums within two months of serving complaint for policies covering 17 separate business entities
  • Recovery of $134,000+ in unpaid premiums within one month of serving complaint
  • Recovery of $105,000+ in unpaid premiums within one month of demand letter

$70,000+ Real Estate Investment Dispute

Outcome: Matter settled for $22,000

Description: Individual client and associated companies were sued for multiple claims including Fraudulent Inducement, Negligent Misrepresentation, Breach of Contract, Breach of Fiduciary Duty, Conversion, and Unfair Business Practices. The dispute arose from an alleged oral agreement regarding the purchase, renovation and sale of residential property. Plaintiff sought damages exceeding $70,000 plus punitive damages. After conducting early depositions of the parties, the matter was successfully settled for $22,000.

$90,000 Commercial Real Estate Commission Recovery

Outcome: Settled for $84,250

Description: Represented plaintiff client seeking to recover amounts due based on written Exclusive Leasing Listing Agreement. Client sought damages of $90,000. Following deposition of the defendant, Lerner & Weiss filed a Motion for Summary Judgment. Shortly before the scheduled hearing on the motion, defendant offered $84,250 to settle the matter in full, which was accepted by the client.

$75,000 PAGA Action Resolution

Outcome: Matter resolved for $18,000 with payment terms

Description: Former employee filed a Private Attorney General Action (PAGA) alleging multiple violations including Failure to Accurately Pay All Wages, Failure to Authorize Rest Breaks, Failure to Provide Lawful Meal Breaks, Failure to Timely Pay Wages, Failure to Reimburse Expenses, Failure to Provide Accurate Wage Statements, Failure to Pay Sick Leave Properly, Failure to Keep Accurate Records, and Failure to Timely Pay Wages at Termination. Former employee sought damages of $75,000. Matter was successfully resolved for $18,000 with agreed-upon payment terms.

$285,000 Mechanics Lien Case Successfully Resolved

Outcome: Matter settled at mediation for $250,000

Description: Represented a subcontractor who provided services at a commercial jobsite but whose invoices were not paid by the project owner. Filed and served a Complaint for Foreclosure of Mechanics Lien, Breach of Contract, Open Book Account, Account Stated, and Reasonable Value. The Complaint sought monetary damages of $285,000 plus attorney’s fees. All parties agreed to early mediation, where the matter was resolved for $250,000 without the need for discovery or further court proceedings.

$468,000 Business Litigation Defense

Outcome: Matter settled for $30,000

Description: Represented individual client and two business entities who were among fourteen defendants sued for Conversion, Violation of California Penal Code § 496, Breach of Fiduciary Duty, Aiding and Abetting Breach of Fiduciary Duty, and Unfair Competition. Plaintiffs sought compensatory, general and special damages of $468,000, plus treble damages for penal code violations. Through vigorous defense, clients settled for $30,000 payable over six months as a cost of defense settlement.

Multiple Million Dollar Frivolous Claims Successfully Defended

Outcome: Summary Judgment granted in clients’ favor

Description: Represented an individual and his business entity who were two of seven defendants named in a lawsuit alleging multiple causes of action including Conspiracy to Harm Plaintiff’s Real Estate and Personal Property, Unfair Business Practices, Public and Private Nuisance, Assault and Battery, Trespass and Willful Trespass, Breach of Contract, Slander, and Libel. Plaintiff sought various damages on each cause of action, ranging from $50,000 to $2,000,000. After successfully quashing improper service for both clients, Lerner & Weiss served discovery on plaintiff regarding all allegations in the complaint. Based on plaintiff’s sworn responses, filed a Motion for Summary Judgment as to all causes of action, which was granted by the court with judgment entered in favor of the clients.

$50,000 Contract Dispute Successfully Resolved

Outcome: Matter settled for $15,000

Description: Clients, a California limited liability company and an individual member, were served with a complaint alleging Breach of Contract and Breach of Implied Covenant of Good Faith and Fair Dealing based upon alleged oral contract and settlement agreement. The complaint sought damages of $50,000. After successful demurrers to both the original and amended complaints, resulting in dismissal of multiple causes of action, the parties mediated the matter to avoid further litigation and settled for $15,000.

$485,000+ Insurance Premium Finance Recovery

Outcome: Judgment obtained exceeding $485,000

Description: Represented an insurance premium finance company seeking recovery of over $450,000 from a corporate agent and three individual agency owners. Claims included Fraud-Intentional Misrepresentation, Negligent Misrepresentations, and Breach of Contract. Successfully obtained pre-judgment writs of attachment to secure defendants’ assets pending litigation resolution. Obtained judgment against both the corporate defendant and all three individual defendants exceeding $485,000.

$34,500 Employment Law Case

Outcome: Matter settled for $9,000

Description: Client/Employer received demand letter from former employee’s counsel alleging claims for Wrongful Termination, Meal and Rest Period Violations, Failure to Pay Reporting Time, Failure to Reimburse Business Expenses, Noncompliant Wage Statements, Wait Time Penalties, and Failure to Provide Timely Records and Inspection of Records. Former employee initially demanded $34,500. After review of client documents and presentation of defenses, matter settled for $9,000.

$50,000 Discrimination Case Resolution

Outcome: Matter settled for $50,000 with 16-month payment plan

Description: Client was sued by female job applicant based on allegations of Discrimination in Violation of the California Fair Employment and Housing Act (“FEHA”), Failure to Prevent Violation of FEHA, and Wrongful Failure to Hire. After successful meet and confer regarding deficiencies in initial complaint, plaintiff filed First Amended Complaint. Following hearing on Demurrer to First Amended Complaint and discovery, parties agreed to mediation where matter settled for $50,000 with a monthly payment plan over 16 months.

$120,547 Wage and Hour Claim Successfully Defended

Outcome: No litigation filed after demand rejected

Description: Client/Employer received demand letter for $120,547.50 based upon claims alleging Wrongful Termination/Retaliation, Failure to Pay Minimum Wage and Unpaid Wages, Noncompliant Wage Statements, Missed Rest and Meal Breaks, and Wait Time Penalties. After Lerner & Weiss reviewed client documents and provided detailed explanation of defenses to claims, former employee’s counsel dropped demand to $117,250.00. On recommendation from counsel, settlement demand was rejected. No communication has been received from counsel for former employee for over one year since settlement demand was rejected, and no litigation has been filed.

$117,250.00 Labor Code Violation Claim Effectively Resolved

Outcome: No further communication after defense presentation

Description: Client/Employer received demand letter for $117,250.00 based upon claims alleging Wrongful Termination/Harassment and Discrimination, Unpaid Wages/Overtime, Wait Time Penalties, Noncompliant Wage Statements, Missed Rest Breaks and Meal Breaks, and Failure to Reimburse Business Expenses. After Lerner & Weiss reviewed client documents and provided detailed explanation of defenses to claims, no further communication was received from counsel for former employee.

Air Quality Management District Violations Successfully Resolved

Outcome: Limited monetary damages and full release obtained

Description: Negotiated resolution of multiple Notices of Violation issued to Client and third parties by Air Quality Management District. Successfully limited claim for monetary damages and obtained release of Client from all alleged violations.

Business Sale and Real Property Transaction Successfully Completed

Outcome: Complete documentation successfully executed

Description: Negotiated terms and prepared comprehensive sales documents for Client selling multi-location business. Documentation included Stock Sale Agreements, Leases, Financing Statements, Consulting Agreements, and SBA documentation.