Cases
Experience: Representative Experience: Represented beverage retailer in false advertising class action. Prevailed on motion for summary judgment.
Represented specialty foods manufacturer in false advertising class action. Prevailed on motion to dismiss.
Obtaining a directed verdict
achieving dismissal of all remaining claims at trial on behalf of consumer products client, including dismissal of causes of action for unfair competition under the Lanham Act, defamation
tortious interference with business expectancy.
Represented beverage retailer in false advertising class actions. Prevailed on motion to dismiss.
Serving as primary counsel
obtaining a dismissal of claims in a breach of fiduciary duty matter against ERISA fiduciaries
trustees.
Serving as primary counsel to an electrical products distributor in class action litigation arising from damages caused by allegedly defective in-wall heaters.
Obtaining dismissal of numerous claims
negotiating a favorable settlement on behalf of the manufacturer of siding in litigation brought by the developer
owner of a newly constructed 286-unit residential development over claims of design
manufacturing defects, fraud, misrepresentation
breach of warranty.
Filing suit
achieving a prompt
favorable settlement on behalf of a client whose trademarks were being used by a competitor as ad-words or keywords in online advertising.
Representing the owner of three recently-constructed apartment communities in Northern California in litigation against the developers, design professionals, general contractors
specialty contractors arising from profound design
construction defects from investigation of the defects through successful resolution of claims at mediation.
Advising in a commercial dispute arising from the expulsion of a minority shareholder from a closely held professional corporation.
Obtaining summary judgment
dismissal of a claim for benefits under an ERISA-regulated employee welfare benefit claim over assertions of conflict of interest
breach of fiduciary duty.
Obtaining summary judgment
dismissal of wrongful foreclosure
consumer protection act claims against a residential mortgage lender
argument before the Court of Appeals.
Representing the former owner of contaminated sites in litigation arising under Washington's Model Toxics Control Act
achieving dismissal of certain claims
negotiating a favorable settlement.
Representing a condominium homeowners association in arbitration of the owners' claims for misrepresentation, negligent design
construction following the conversion of the property from apartments to condominiums.
Representing the board of directors of a 110-unit residential cooperative in arbitration against the design
build contractor of heating
ventilation systems
achieved a favorable settlement on behalf of the cooperative.
Serving as primary counsel in bad faith
breach of contract litigation arising from claims under a disability income policy
obtaining summary judgment on behalf of the insurer.
Serving as a member of a trial team that obtained a defense verdict in class action products liability litigation involving home heating oil.
Obtaining summary judgment
dismissal of unfair competition
trade secret claims of competing chains of health clubs.
Resolving successfully a class action under the Telephone Consumer Protection Act.
Negotiating a favorable settlement in litigation involving the Uniform Trade Secrets Act.
Successfully resolving a catastrophic personal injury claim on behalf of a snowboard binding manufacturer in a products liability matter.
Published Opinions: Rhonda S. v. Kaiser Found. Health Plan, Inc., 94 Cal. App. 5th (Cal. Ct. App. 2023) (affirmed sustaining of demurrer to claim for declaratory relief concluding that there was no statutory requirement to assess
evaluate conservatees under California Health
Safety Code section 5358.5)
Brownell v. Starbucks Coffee Co., 2023 U.S. Dist. LEXIS 119431 (N.D.N.Y. July 12, 2023) (Obtained dismissal of putative class action)
Jorgenson v. HOWS Markets, LLC, 644 F. Supp. 2d 623 (C.D. Cal. 2022) (Obtained summary judgment
dismissal of all claims for ERISA withdrawal liability)
In re Williams-Sonoma, Inc., 947 F.3d 535 (9th Cir. 2020) (obtained writ of m
amus
reversal of district court's order compelling production of customer contact information to find a lead plaintiff to pursue a class action)
Cromwell v. Kaiser Found. Health Plan, 2019 U.S. Dist. LEXIS 162591 (N.D. Cal. Sept. 23, 2019) (Obtained summary judgment of claims alleging violation of California's Mental Health Parity Act in ERISA litigation)
Cromwell v. Kaiser Found. Health Plan, 2019 U.S. Dist. LEXIS 58617 (N.D. Cal. Apr. 3, 2019) (Obtained dismissal of all claims for breach of fiduciary duty under ERISA)
Strumlauf v. Starbucks Corp., 2018 U.S. Dist. LEXIS 2409 (N.D. Cal. Jan. 5, 2018) (Obtained summary judgment
dismissal of all claims in putative class action alleging claims for false advertising
unfair competition arising from the alleged fill of certain beverages)
Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 U.S. Dist. LEXIS 68623, 2015-1 Trade Cas. (CCH) P79,209 (W.D. Wash. May 27, 2015) (Obtained judgment as a matter of law at trial achieving dismissal of all causes of action, including claims for unfair competition under the Lanham Act, tortious interference with business expectancy
defamation)
Galanis v. Starbucks Corp., 2016 U.S. Dist. LEXIS 142380 (N.D. Ill. Oct. 14, 2016) (Obtained dismissal of putative class action)
Forouzesh v. Starbucks Corp., 2016 U.S. Dist. LEXIS 111701 (C.D. Cal. Aug. 19, 2016) (Obtained dismissal of putative class action)
Bush v. Liberty Life Assur. Co., 2015 U.S. Dist. LEXIS 123911 (N.D. Cal. Sept. 16, 2015) (Obtained dismissal of claims for breach of fiduciary duty, engaging in prohibited transactions
declaratory relief)
Bush v. Liberty Life Assur. Co., 77 F. Supp. 3d 900 (N.D. Cal. 2015) (Obtained dismissal of certain claims for equitable relief
failure to provide plan documents in putative ERISA class action)
Magana v. Sun Life Assur. Co. of Canada, 2013 U.S. Dist. LEXIS 51206 (N.D. Cal. Apr. 9, 2013) (Obtained dismissal of bad faith
breach of contract claims in ERISA litigation arising out of participant eligibility)
Shappell v. Sun Life Assur. Co. of Canada, 2013 U.S. Dist. LEXIS 1707 (E.D. Cal. Jan. 4, 2013) (Obtained judgment in favor of plan
dismissal of plaintiff's ERISA claims)
2012 U.S. Dist. LEXIS 87020 (E.D. Cal. June 21, 2012) (Obtained dismissal of plaintiff's fiduciary claims
state law claims)
Martorello v. Sun Life Assur. Co. of Canada, 704 F. Supp. 2d 918 (N.D. Cal. 2010) (Obtained dismissal of fiduciary, bad faith
breach of contract claims in ERISA litigation)
Beamish v. CNA Group Life Ins. Co., 487 F. Supp. 2d 1196 (W.D. Wash. 2007) (Obtained dismissal of all claims on summary judgment)
Hedenburg v. Aramark Am. Food Servs., 476 F. Supp. 2d 1199 (W.D. Wash. 2007) (Obtained summary judgment on workplace discrimination, harassment
wrongful discharge claims)
Messer v. Unum Life Ins. Co. of Am., 370 F. Supp. 2d 1098 (W.D. Wash. 2005) (Obtained summary judgment in ERISA benefits
fiduciary duty litigation)
Futamura v. Unum Life Ins. Co. of Am., 305 F. Supp. 2d 1181 (W.D. Wash. 2004) (Obtained summary judgment over claims of conflict of interest
breach of fiduciary duty)
LaPrease v. Unum Life Ins. Co. of Am., 347 F. Supp. 2d 944 (W.D. Wash. 2004) (Obtained summary judgment
dismissal of all claims for benefits in ERISA litigation)
