CONSTRUCTION LITIGATION
Fernandez v Escutia; Santa Cruz Supeerior Court Case No. 16CV01358
In a 2-week construction law trial, I represented a contractor against a homeowner alleging more than 30 different defects in construction of a $2 Million mansion and violations of multiple contractor licensing laws. We won an outright victory on every single issue and were awarded a substantial attorney’s fee award.
APPELLATE VICTORY
National Collegiate Student Loan Trust v Macias; Case No. H040905
Prevailing against the “abuse of discretion” standard (the most difficult appellate standard to overcome), I won a reversal of a large money judgment against my clients re: a student loan claim. The appeal was based on California Evidence Code § 1271, the “Business Records” hearsay rule exception. A copy of the appellate opinion is available upon request.
EMPLOYEE TRADE SECRET / NON-COMPETE AGREEMENT
Builders Advantage Insurance Services v Briceno; Placer County Superior Court Case No. SCV-0030573
In California, employers are generally barred from preventing ex-employees from soliciting their customers under Business and Professions Code §16600.
But many employers do this anyway and get away with it. In this case, I successfully represented an insurance agent at trial, defeating his former employer’s attempt to restrict him from competing. The suit involved both written agreements and trade secret issues under CUTSA (the California Uniform Trade Secret Act). We prevailed at trial and received an award of attorney’s fees.
WRONGFUL FORECLOSURE / WRONGFUL EVICTION
Gomez v American Mortgage Network, et al; Monterey County Superior Court Case No. CGC-11-507336
After a family was wrongfully foreclosed upon and evicted from their home, I brought an action to reverse the foreclosure and the eviction. After two long years of intense litigation, we prevailed at trial and the family was restored to their home. Using our award of attorney’s fees, the family was able to negotiate a new loan to repurchase their home.
UNLAWFUL DETAINER
I have also prevailed at numerous unlawful detainer trials, representing both landlords and tenants before judges and juries.
Past performance is no guarantee of future outcomes but I would be very interested in discussing your litigation needs.