Department of Real Estate Audit: Represented California real estate broker in Audit brought by the DRE. Audit broadly focused on 3 years of activity, including broker's sales agents, proper execution of contracts and disclosures, earnest money deposits and client trust issues, as well as advertising and regulatory compliance matters. Broker alleged that it complied with all laws and regulations, and any mistakes were minor and immaterial.

Result: DRE Warning Letter, no further action, 2010
(After the extensive Audit, where every piece of paper in numerous transactions was analyzed, DRE found only minor mistakes that did not warrant any fines/penalties and broker did not have to pay for the Audit.)

CSLB Arbitration - Contractor Dispute: Represented California A/C and heating contractor (C20) in CSLB Arbitration brought by former client who was dissatisfied with service and claimed $7,500 in damages and repair costs. Contractor alleged that it was not negligent, but was willing to pay $500 as a good faith offer.

Result: $750 Award, 2009
(After evidence was presented at the hearing that repair costs were inflated and plaintiffs were impeached, CSLB Arbitrator awarded essentially what contractor originally was willing to pay to resolve the matter.)

Employment Litigation - Defense of Employers: Defended several employers in various wage and hour claims brought by former employees through private counsel and the California Labor Commissioner, as well as Appeals from Commissioner Awards. I am lumping together in this description 3 employers in the retail, service and repair industries with about 10 cases between them on which I worked over the last few years.

Results: Settlements and dismissals, 2006-2009
(In each case, I was able to resolve the matter efficiently and with minimal cost to the employer. Several cases were dismissed by Labor Commissioner after the full facts were presented by the employer showing no liability.)

Unemployment Insurance and Appeals - Employee Claims: Represented several employees denied unemployment insurance benefits after employers fired them and refused to authorize payment based on alleged "employee misconduct." I worked on 3 such cases, all of which involved allegations of employee tardiness, failure to show up for work, negligence during work and the like.

Results: All employee claims sustained, benefits granted, 2005-2008
(In each case, I was able to prove that there was no serious "misconduct," as defined by the Benefit Determination Guide, and the employers overstated their claims, resulting in findings for the employees.)

Advertising / Contract Interpretation: Represented large real estate holdings company against major retailer in lawsuit involving advertising rights. Plaintiff alleged that a contract previously signed (and enforced as a covenant running with the land) required defendant to advertise plaintiff's shopping mall. Defendant contended that the contract was to be interpreted differently (did not require it to advertise to the extent claimed by plaintiff), and that defendant already fully complied by running some local newspaper ads.

Result: Settlement, 2008
(After the case was filed in Court, alleging breach of contract, fraud, unfair business practices and seeking accounting and declaratory relief, defendant agreed to fully comply and modified its national TV advertising campaign, newspaper ads and internet website, as demanded by plaintiff.)

Collections / Fraud: Represented contractor in collecting unpaid amounts for repair services rendered to real estate management company, which alleged that it was acting on behalf of the property owners and was not itself liable. Contractor plaintiff alleged that the management company failed to disclose its multiple principals and acted fraudulently, and sued all the property owners and the management company. The property owners alleged that they paid the management company for contractor's services. All defendants refused to pay and pointed their fingers at each other.

Result: Settlement, 2007
(After some litigation on the pleadings and written discovery, the depositions of all defendants were noticed, at which point a global settlement agreement was reached by defendants for payment of the full amount owed to contractor, as well as plaintiff's incurred attorney's fees.)

International Law / Collections: Represented Eastern European company in pursuing its remedies against California business, which failed to pay for services rendered abroad and disputed validity of foreign contract. Plaintiff alleged that its contract (written in both Russian and English) was valid and all provisions enforceable in California.

Result: Settlement, 2007
(After some litigation and discovery, plaintiff agreed to pay the full amount owed, as well as defendant's incurred attorney's fees.)

DMV Licensing Hearing: Represented driver in DMV hearing to determine his medical fitness to operate vehicle. Driver was reported to the DMV by his own doctor, who acted in response to driver's daughter's report that he fainted while driving. Driver alleged that he did not have any medical conditions jeapardizing his ability to drive and all reports were erroneous, unsubstantiated and biased.

Result: DMV Decision in favor of driver - license restored, 2007
(At the hearing, we showed that driver was medically healthy and his (former) doctor's report was not based on any actual examination, but on the unsubstantiated word of daughter who was trying to make driver appear incompetent with an aim to gain control over his inheritance and estate.)

Business Purchase / Successor Liability Defense: Defended purchasers of business against personal injury claim brought with respect to former owners. New owners bought the business just 7 days after accident caused by prior owner's employees. Defendants denied any involvement with the accident and alleged they only bought the assets (and not the liabilities) of the business.

Result: Case dismissed with prejudice, 2006
(After plaintiff's attorney's were advised of the terms of the purchase and the business filings and registrations, as well as warned about maliciously prosecuting case against the wrong parties, plaintiff dismissed all claims against new owners with prejudice prior to any Answer having to be filed.)

Low-impact Auto Accident Defense: Defended motorist in a rear-end auto accident. Liability admitted, but personal injuries denied due to low-impact and no major damage to defendant's car. Case brought by major insurance company as a subrogation action, after it paid plaintiff over $17,000 under his policy. Defendant denied this was necessary and alleged that the insurance company was "hoodwinked."

Result: Settlement, 2005 - $2,000, payable in $50 per month installments

Real Estate Fraud - Mold: Represented a realtor who purchased a multi-unit apartment building as income / investment property. Seller covered up mold in one of the units, and sold the premises without disclosing defect.

Result: Settlement, 2004
(seller paid for all repairs costs, lost income and buyer's attorney's fees)

WCIF Appeal - Insurance Commissioner: Represented business owner against claims by the Worker's Compensation Insurance Fund for premiums allegedly due on independent subcontractors, who were "re-classified" as employees. Appeal to the California Insurance Commissioner.

Result: Settlement, 2004
(no interruption in business, no admission of liablity, WCIF drops claims)

Low-impact Auto Accident: Represented injured motorist in a low impact rear-end auto accident, which caused unexpected injuries, in part due to seat belt.

Result: Settlement, 2003 - $35,000
($15,000 from other motorist, $15,000 Underinsured Motorist coverage,
$5,000 Medical Payments coverage - maximum available insurance limits)

Attorney Malpractice / Fraud Defense: Defended an attorney in heated litigation filed by a business associate, who alleged that he was a legal client and that attorney committed malpractice and fraud in their business dealings. Defendant attorney contended that he never represented plaintiff and did not commit any malpractice or fraud in the arm's length business transaction between them.

Result: Dismissed as to all claims on summary judgment, 2002
(After defendant's motion for summary adjudication was briefed and heard, Judge threw out plaintiff's case in its entirety.)

Life Insurance - Bad Faith: Represented contingent beneficiary of a life insurance policy, after her mother was killed (evidence pointed to murder by step-father, the primary beneficiary). Insurance company refused to pay benefits, and sued beneficiary to obtain Court ruling that she had no rights.

Result: Settlement, 2002
(After motions filed, Judge threw out insurer's case and allowed beneficiary's bad faith case against the company to proceed. Appealed by insurer and settled after videotaped depositions.)

Tenants' Rights: Represented low-income apartment complex tenants; landlord failed to provide clean and sanitary conditions, and violated tenants' housing rights. Allegations included violations of civil rights and unfair business practices.

Result: Settlement, 2002
(After discovery motions filed and tenant demonstrations in front of landlord's Beverly Hills mansion and office (shown on TV), case resolved in mediation.)

Tenants' Rights: Represented mobile home tenants that were wrongfully evicted from trailer park (including by cutting off electricity and services), and failure to pay for relocation expenses as agreed. Allegations included fraud.

Result: Ssettlement, 2001
(After discovery motions filed, case resolved.)

Construction Defect - Injury: Represented a beach-jogger who was injured by a sharp piece of metal protruding from a Malibu beach house. Metal was obscured by ocean waves, and resulted from improper construction and years of inattention.

Result: Settlement, 2001
(Case resolved without litigation after insurance company received records of prior problems, obtained from the City Building and Safety Department.)