Cases
Experience: Appellate: Represented health care technology company in Ninth Circuit appeal from a judgment dismissing plaintiff's claims related to Section 340B drug pricing, securing affirmance on appeal. (U.S. Court of Appeals for the Ninth Circuit, Case No. 23-55425)
Represented owner, manager
developer of office real estate in an action related to the termination of a lease involving 'The Cube,' an iconic building located in San Francisco. Represented client on appeal, which resulted in a unanimous appellate opinion affirming the trial court's ruling that the Appellant's lease interpretation was invalid
their lease termination was ineffective. HWA 555 Owners, LLC vs. RGN-San Francisco XXIV, LLC, et al. (Cal. Ct. App., First District 2023)
Represented pharmaceutical manufacturer on appeal in which the California Court of Appeal affirmed the trial court's order granting a motion to quash for lack of personal jurisdiction. In re: Amiodarone Cases, case numbers A157035, A158160
A159522, in the Court of Appeal of the State of California (2020).
Represented Teva Pharmaceuticals USA Inc. in Corber v. Xanodyne/Romo v. Teva Pharmaceuticals USA Inc., 771 F.3d 1218 (9th Cir. 2014) (en banc), in which the Ninth Circuit, sitting en banc, reversed an order of rem
following removal under the mass action provisions of the Class Action Fairness Act. Case was one of first impression concerning the impact of a plaintiff's request for coordination of actions under California's coordination statutes.
Defended TACA International Airlines, S.A. in Court of Appeal for the State of California, Second Appellate District against a wide array of wage
hour claims. This was a case of first impression involving st
ards for pleading statutory labor code claims (section 2810)
, in particular, the st
ard for pleading facts concerning what a defendant 'knew or should have known' under Labor Code section 2810. Obtained complete affirmance in Hawkins v. TACA Airlines, et al., 223 Cal. App. 4th 466 (2014).
Represented the prevailing defendant in Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. 2014), the appeal of a TCPA case alleging both direct
vicarious liability for the transmission of text messages.
Represented Wendy's International, Inc. in petition for permission to appeal from an order of rem
to state court following removal under the Class Action Fairness Act. Ninth Circuit granted petition
reversed the order of rem
.
Moeller v. Taco Bell Corp., 531 Fed. Appx. 805 (9th Cir. 2013). Represented Respondent in appeal from a preliminary injunction order in Americans with Disabilities Act case. Obtained dismissal of appeal.
Obtained reversal of default judgment award for a failure of evidentiary support relating to damages calculations on behalf of default judgment debtor. Case involved complicated issues of stock purchase transactions
valuation of shares in thinly-traded market.
Represented Appellant in case of first impression concerning federal court's removal jurisdiction under 28 U.S.C. sections 1441
1446. Roth v. CHA Hollywood Medical Center, 720 F.3d 1121 (9th Cir. June 27, 2013), Case No. 13-55771.
Represented national brokerage firm on appeal from order denying motion to compel arbitration in case in which the plaintiff claimed not to recall receiving the relevant arbitration provisions, securing reversal of the order.
Represented commercial property owner in dispute over payments under a reciprocal easement agreement, securing reversal of judgment on key issues on appeal. Valencia Town Center Venture L.P. v. VTC Business Center, LLC, California Court of Appeal, Second Appellate District, Case No. B235948 (Jan. 28, 2013).
Represented large brokerage firm in trial
appellate courts in dispute with investors, compelling arbitration, defeating multiple writ petitions
obtaining affirmance of sanctions award on appeal plus an additional sanctions award for a frivolous appeal. Lee v. Deutsche Bank, Court of Appeal of California, Second Appellate District, Case Number B228166 (Dec. 2, 2011).
Represented judgment creditor in appeal from denial of motion to vacate judgment that judgment debtor claimed to be void. Defended judgment in Court of Appeal
on petition for review to the California Supreme Court. (Imagitas, Inc. v. Jonathan Shiff (Cal. Ct. App. D052877) (March 26, 2009).)
Represented airline in federal agency appeal from final decision of the Department of Labor Administrative Review Board. Defended Board decision in action involving allegations of retaliatory termination for alleged whistle-blowing to the Federal Aviation Administration.
Represented a large financial institution in trial
appellate courts on appeal from a judgment dismissing plaintiff's claims for defamation per se
negligence related to plaintiff's rental of a safe deposit box, securing affirmance of the judgment.
Financial Services: Represented national brokerage firm on appeal from order denying motion to compel arbitration in case in which the plaintiff claimed not to recall receiving the relevant arbitration provisions, securing reversal of the order.
Represented large brokerage firm in trial
appellate courts in dispute with investors, compelling arbitration, defeating multiple writ petitions
obtaining affirmance of sanctions award on appeal plus an additional sanctions award for a frivolous appeal. Lee v. Deutsche Bank, Court of Appeal of California, Second Appellate District, Case Number B228166 (Dec. 2, 2011).
Represented major financial institution throughout entirety of multi-year action in which Plaintiff sought $88 million for alleged breach of fiduciary duty
aiding
abetting various wrongful conduct by third parties. Jury found no liability after a 4-week trial.
Represented prominent financial institution
individual defendants in seven-day jury trial over claims for breach of contract, breach of fiduciary duty
fraud, stemming from institution's investment decisions pursuant to an investment management contract with the plaintiff. Successfully argued motion in obtaining non-suit of fraud claim at close of plaintiff's case
thereafter, jury returned verdict fully vindicating clients on remaining claims. Retained on appeal
secured decision affirming judgment.
Represented financial institution in arbitration involving claims to unwind settlement agreement
pursue employment-related claims, resulting in summary disposition of claim
confirmation in trial court.
Trusts & Estates: Represented prominent financial institution in probate matter involving claims of breach of fiduciary duty, securing complete dismissal with prejudice.
Represent large financial institution in capacity as trustee in various matters, including securing complete dismissal of claims.
Represented the trustees of family trust in litigation against certain trust beneficiaries (
their business partners) in wide ranging disputes involving a substantial real estate portfolio owned or controlled by the trust. After securing a ruling rejecting beneficiaries' primary claim, negotiated a settlement of all outst
ing claims.
Represented fifty percent income beneficiary of nine-figure family trust with a 'no contest' clause, who sought leave to challenge trust amendments that disadvantaged her. Retained after trial court ruled that proposed challenge would be a 'contest' that would result in her disinheritance if she tried her claims
lost. Convinced Court of Appeal to consider arguments not raised below
secured unpublished decision reversing trial court
establishing that proposed challenges were not a 'contest.' Thereafter, h
led resulting bench trial
secured judgment invalidating all amendments,
negotiated settlement thereafter.
Real Estate: Represented SPUS05 Corona Summit, LLC,
CB Richard Ellis Strategic Partners U.S. Opportunity 5, LP after they received an adverse trial court decision. Retained on appeal
successfully secured reversal of claim for specific performance of a forward-looking purchase contract, limiting liability to liquidated damages. Corona Summit LLC v. SPUS05 Corona Summit, LLC.
Represented the purchaser of two adjoining commercial properties in Las Vegas, Nevada. After client had invested substantial sums to develop
entitle the property,
was poised to sell it for an approximate $150 million profit, seller sued to rescind the transaction
take back the property. Dispute spilled into eight courts - Los Angeles Superior Court, California Court of Appeal, California Supreme Court, United States District Court for Central District of California, Nevada District Court, the Nevada Supreme Court
federal bankruptcy courts for the Central District of California
District of Nevada --
a two month arbitration before a three-judge panel appointed by JAMS. Secured published decision from California Court of Appeal (
unpublished decision from Nevada Supreme Court) reversing trial court orders denying arbitration. After California appellate victory, represented client in bench trial on the sellers' affirmative defense to arbitration (which mirrored the sellers' affirmative claims). Thereafter, tried both sides' affirmative claims to the arbitration panel throughout January
February of 2009,
secured award for more than $140 million in damages, plus more than $3 million in attorneys' fees
costs. Thereafter, defended a wide variety of efforts to mount collateral attacks on arbitrators
their awards, secured order confirming awards
entering judgment thereon (along with an additional $2.3 million in fees
costs),
secured published decision affirming judgment.
Employment: Represented financial institution in case brought by former employee attempting to rescind settlement agreement. Secured summary disposition award in arbitration, which was subsequently confirmed in court
affirmed on appeal.
Represented former NBA coach in dispute with team concerning payment under contract. Secured complete relief for coach in arbitration.
Other Experience: Adjunct Faculty Member, Loyola Law School, teaching Legal Drafting
Adjunct Faculty Member, Loyola Law School, teaching Introduction to Appellate Advocacy
