Recently Settled Cases

Attorney Fees, Breach of Contract, Breach of Fiduciary Duty, Fraud 

Attorney represented Clients in a real estate litigation matter that resulted in a defeated trial verdict. Attorney sued Clients for outstanding fees and the attorneys fees collection action transformed into a cross-complaint for breach of fiduciary duty and fraud by clients and an unclear jury trial special verdict on the issues of the case elevated to the appellate court where it was determined Attorney prevailed in the collection action and Clients prevailed on the fraud claim. On remand, the trial court awarded clients attorney fees and costs in excess of $400,000. Concerned about reporting a fraud judgment to the State Bar, reputations and another pending appeal on the attorney fraud judgment and attorney, the parties settled. 

Nuisance, Trespass, Breach of Easement Agreement

Charity constructed a new facility in a residential community. Charity and adjacent long time neighbor entered into a conditional construction easement agreement to build a common wall on boundary lines. Adjacent neighbor sued Charity for violation of conditional construction easement agreement, trespass, nuisance, alleging the wall encroached on passionate neighbor’s property. Terms of monetary settlement included a mutual easement to, confidentiality with a liquidated damages clause. A joint session after executing the settlement agreement with apologies successfully regained trust of a  "good neighbor."       

Sexual Assault and Battery, Negligent Supervision

Plaintiff, a single senior religious woman, alleged sexual assault by one of the defendant's building owner's employees who was sued along with the management company for negligent supervision. Insurance coverage issues overwhelmed the day along with liability contending a long-term consensual sexual relationship that shattered. Plaintiff's spiritual calling, assistance of counsel and the mediation process assisted her toward closure.

Wrongful Death

Four Plaintiffs, including parents of a decedent son and three others, alleging wrongful death, assault, battery, premises liability, sued a bar from an after hours knifing resulting in death and permanent injury.  Issues of gang v. gang, a love triangle gone wrong. Defendants lessor and lessee engaged in their own duel over percentage of interest on liability and the parents lived in a colored world of denial that once delicately unraveled, gave all parties permission to settle. Treading lightly, late in the evening, the case settled for seven figures.

Personal Injury

A senior widow lost control of her vehicle colliding with 12 pedestrians resulting in serious injuries and surgeries. Insurance coverage was insufficient to cover all claims, the case settled at $1,250,000.00 after driver’s personal contribution.

Employment/Sexual Harassment

Sexual harassment alleged against male employer by minor male employee who was a friend of the family run company. A family run business motivated the sensitive issues to family and friends, early pre-discovery mediation resulted in a $250,000.00 settlement.

Legal Malpractice/Insurance Bad Faith

Underlying brain injury case arising from a golf cart accident resulted in an $11,000,000.00 dollar jury verdict after defendant’s insurance carrier rejected $100,000.00 policy limits demand. Insured/defendant sued his insurance carrier for bad faith and his defending attorneys for legal malpractice. Legal malpractice case settled for $2,500,000.00. 

Medical Malpractice/ Insurance Coverage

Patient sued her treating physicians and admitting hospital for negligence and sexual assault. An emotionally volatile plaintiff and professional reputations at stake resulted in a six figure settlement.

Real Estate

Homeowners and their Association sued a fourth homeowner who constructed improvements encroaching on their respective properties. Causes of action included trespass and easement issues. Negotiated settlement terms included purchasing the parcel portions encroached. 

Breach of Contract

Complex multi-party matter involved the purchase and sale of a surgical center between doctors and shareholders. Allegations included rescission, fraud, and abuse of process. Several mediation sessions over ten months resulted in settled case for six figures.