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Recent Successes

  • Obtained order granting Respondent’s motion to dismiss Appellant’s appeal in family law case.  Piraino v. Fairchild, Case No. H038267 (9/13/12) (decided by Sixth District Court of Appeal).
  • Obtained reversal of default judgment against Defendants on ground of improper service of two separate motions to default Defendants.  Bettencourt  v. Dorman (9/22/11) 2011 WL 4443984.
  • Obtained reversal of summary judgment against Plaintiffs on ground that there were triable issues of material fact as to whether employer’s sabbatical program benefit actually was additional vacation time so that the employer was required to pay accrued but unused additional vacation pay upon the termination of a worker’s employment.  Paton v. Advanced Micro Devices, Inc. (8/5/11) 197 Cal.App.4th 1505, 129 Cal.Rptr.3d 784 (I presented the oral argument, but did not prepare the briefs, in this case decided by the Sixth District Court of Appeal).
  • Obtained reversal of judgment against Plaintiff — a corporation which sued another corporation for breach of a 20-year exclusive distributorship agreement — based upon argument that trial court erred in resolving disputed issue of Plaintiff’s right to recover lost profits and consequential damages in deciding a motion to strike.  Whittlestone, Inc. v. Handi-Craft Co. (9th Cir. 2010) 618 F.3d 970.
  • Obtained for will beneficiaries reversal of adverse judgment on their petition to set aside unauthorized transfers of community property by testatrix’s husband to a trust and to compel the transfer of the community assets in the trust to the probate estate of the testatrix, with appellate court rejecting the statute of limitations defense and ruling that the petition was timely.  In re Estate of Cable (7/15/10) 2010 WL 2782565 (decided by Sixth District Court of Appeal).
  • Obtained for employee and new employer partial reversal of preliminary injunction that enjoined them from accepting business from all clients of former employer in former employer’s action for misappropriation of trade secrets and unfair competition. Gallagher Benefit Services, Inc. v. De La Torre (6/24/08) 2008 WL 2512489.
  • Obtained for tenants partial reversal of adverse judgment in their action against lessor for reformation of commercial lease. Yoon v. Park (5/23/08) 2008 WL 2166005.
  • Obtained for Appellant, who was a beneficiary under a trust, a reversal of the trial court’s judgment against him in his action against the trustee for misappropriation of trust assets. Fanelli v. Fanelli (12/20/07) 2007 WL 4227237 (decided by Sixth District Court of Appeal).
  • Obtained for Respondent, prior to briefing, a settlement in an amount greater than the face amount of the judgment for Respondent in its action against Appellant for damaging leased commercial property. Encinal Partnership No. 1 v. AmeriCold Logistics, LLC, Case No. H031385 (settlement closed on 9/7/07).
  • Obtained for Respondent (wife) a dismissal of the appeal, prior to the filing of her brief, on the ground that Appellant (husband) had failed to post an appeal bond in his appeal from an order directing him to pay back child support. Dee v. Monzo, Case No. A114828 (appeal dismissed on 9/5/07).
  • Obtained for Appellants, after the filing of Appellants’ Opening Brief, a settlement in which Respondent stipulated to a reversal of the judgment of contempt against Appellants for allegedly violating an injunction, so that the ambiguous injunction could be modified. City of Santa Clara v. Sandman, Inc., Case No. H028662 (settlement closed on 11/16/06, Court of Appeal granted parties’ joint motion for stipulated reversal on 3/27/07, contempt proceeding dismissed on 3/29/07, and underlying injunction modified on 5/31/07).
  • Obtained for Appellants a reversal of an attorneys’ fees award against them in an action to decide the respective rights of members in a mutual water system. Tryhorn Mutual Water System v. Cruz (8/21/06) 2006 WL 2391296 (decided by Sixth District Court of Appeal).
  • Obtained for Petitioner, in a writ proceeding, an alternative writ that effectively granted all requested relief, before issuance of a peremptory writ, by causing Real Party-in-Interest to agree to produce certain requested documents, notwithstanding the trial court’s ruling that those documents did not have to be produced in Petitioner’s wrongful death action against Caltrans. Moulton v. Superior Court, Case No. A111762 (alternative writ issued on 2/3/06 and petition dismissed on 3/23/06).
  • Obtained for Appellant, who was a beneficiary under a trust, a reversal of the trial court’s order directing the trustee to distribute two trust assets to another beneficiary (i.e., Respondent), rather than to Appellant under a distribution agreement that she had with the other beneficiary. Morgan v. Nishimura (10/7/05) 2005 WL 2473806 (decided by Sixth District Court of Appeal).