Record of Wins and Losses
Jo Redland Trust v. Cit Bank, N.A. (2023) 92 Cal.App.5th 142
Subject: Trusts, Civil Procedure
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal establishing new rule that complaint mistakenly naming trust as plaintiff may be amended to change plaintiff to trustee.
Davis v. Fresno Unified School District (2023) 14 Cal.5th 671
Subject: Public agency financing, Civil Procedure
Result: WE LOST FOR APPELLANT.
Summary: Successfully persuaded California Supreme Court to grant petition for review, but failed to obtain reversal of holding that validation statute could not be used to litigate validity of $36 million lease-lease-back contract to construct a new middle school.
WV 23 Jumpstart v. Mynarcik (2022) 85 Cal.App.5th 596
Subject: Creditor’s remedies, Civil Procedure
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of order denying judgment creditor’s “Sister State Judgment” claim for lack of personal jurisdiction
Estate of Eskra II (2022) 78 Cal.App.5th 209
Subject: Contracts, premarital agreements
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of judgment enforcing prenuptial agreement.
Altizer v. Highsmith (2020) 52 Cal.App.5th 331
Subject: Creditor’s remedies, Civil Procedure.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of trial court order vacating $1 million judgment because non-lawyer had filed to renew judgment.
California Union Square v. Saks Fifth Avenue (2020) 50 Cal.App.5th 340
Subject: Arbitration.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of order confirming arbitration award.
Eck v. City of Los Angeles (2019) 41 Cal.App.5th 141
Subject: Class actions, Civil Procedure.
Result: WE WON FOR RESPONDENT.
Summary: Co-counsel in obtaining dismissal of appeal challenging $295 million class action settlement.
White v. Square (2019) 7 Cal.5th 1019
Subject: Technology, civil rights.
Result: WE WON FOR APPELLANT.
Summary: Persuaded California Supreme Court to reverse trial court ruling that plaintiff who viewed credit card company’s website has no standing under Unruh Civil Rights Act to sue company for arbitrary discrimination against bankruptcy lawyers. Case is reviewed at Note, 133 Harv. L. Rev. 2212 (2020). Opposing counsel: Munger, Tolles & Olson. Wilson, Sonsini, Goodrich & Rosati.
Longview v. Stirling (2019) 35 Cal.App.5th 985
Subject: Creditor’s remedies.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of order establishing priority of client’s lien.
Tierney v. Javaid (2018) 24 Cal.App.5th 99
Subject: Contracts.
Result: WE WON FOR APPELLANT.
Summary: Obtained partial reversal for developer suing property owner who refused to convey property per sales contract.
Artus v. Gramercy Towers Condominium Assoc. (2018) 19 Cal.App.5th 923
Subject: Property rights, HOA disputes.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of trial court’s rejection of challenge to homeowners association’s election procedures.
Yamada v. Nobel Biocare Holding AG (9th Cir. 2016) 825 F.3d 536
Subject: Class action, attorney fees.
Result: WE WON FOR RESPONDENT.
Summary: Orally argued for affirmance of $2+million attorneys fees award in class action. Court rejected all of appellant’s challenges except one procedural challenge.
Uthe Technology Co. v. Aetrium Inc. (9th Cir. 2015) 808 F.3d 755
Subject: Racketeer Influenced and Corrupt Organizations Act (RICO).
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of summary judgment denying $18 million treble damages under RICO.
Agam v. Gavra (2015) 236 Cal.App.4th 91
Subject: Contracts, property.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of trial court judgment in contractual dispute between property developers.
Overstock.com v. Goldman Sachs & Merrill Lynch (2014) 231 Cal.App.4th 513
Subject: Securities law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of summary judgment in suit against securities firm for $80 million damages for securities violations. Opposing Counsel: O'Melveny & Myers LLP, Morgan, Lewis & Bockius LLP
Rental Housing Association of Northern Alameda County v. City of Oakland (2009) 171 Cal.App.4th 741
Subject: Constitutional law, property law, municipal law.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of trial court ruling upholding constitutionality of City’s “just-cause-for-eviction” ordinance.
Tecklenburg v. Appellate Division (2009) 169 Cal.App.4th 1402
Subject: Criminal law.
Result: WE LOST FOR APPELLANT.
Summary: Successfully persuaded Supreme Court to order Court of Appeal to hear criminal appeal, but then failed to persuade Court of Appeal to reverse conviction.
Betz v. Trainer Wortham & Co., Inc. (9th Cir. 2007) 519 F.3d 863 and 2007 WL 1494018 (9th Cir. 2007)
Subject: Securities law, civil procedure.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of federal district court ruling that elderly woman's suit for securities fraud and related state claims was barred by statute of limitations.
Makarova v. United States (2nd Cir. 2000) 201 F.3d 110
Subject: Personal injury.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of federal district court ruling that world-famous ballerina's personal injury suit for injuries sustained when curtain fell on her during performance at Kennedy Center was barred by availability of worker's compensation benefits.
Trans-Action Commercial Investors, Ltd. v. Firmaterr (1997) 60 Cal.App.4th 352
Subject: Civil procedure.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of trial court's imposition of $50,000 sanctions against attorney who allegedly violated in limine orders during jury trial.
City of Berkeley v. City of Berkeley Rent Stabilization Board (1994) 27 Cal.App.4th 951
Subject: Administrative law, municipal law, property law.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of trial court ruling upholding rent board's method of allowing rent increases.
Palmer v. Ted Stevens Honda, Inc. (1987) 193 Cal.App.3d 530
Subject: Punitive damages, Evidence law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of punitive damage award against used car dealer, because trial court improperly admitted irrelevant evidence.
People v. McNiece (1986) 181 Cal.App.3d 1048
Subject: Criminal law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of vehicular manslaughter conviction; persuaded court that standard jury instruction authorized by Judicial Council was incorrect)
Fisher v. City of Berkeley (1984) 37 Cal.3d 644 and 475 U.S. 260 (1986)
Subject: Constitutional law, Antitrust Law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of opinion invalidating residential rent control ordinance. Persuaded California and U.S. Supreme Court to rule that rent control ordinance did not violate Due Process or antitrust laws.
Cotati Alliance For Better Housing v. City of Cotati (1983) 148 Cal.App.3d 280
Subject: Constitutional law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of ruling declaring rent control ordinance unconstitutional.
Rue-Ell Enterprises v. City of Berkeley (1983) 147 Cal.App.3d 81
Subject: Constitutional law.
Result: WE WON FOR RESPONDENT.
Summary: Obtained ruling rejecting commercial landlord’s contentions that ordinance limiting rents on commercial premises violated Contracts Clause of Constitution and was preempted by state law.
Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129
Subject: Constitutional law.
Result: WE WON PARTIAL VICTORY FOR APPELLANT.
Summary: Obtained ruling establishing right of California cities to adopt residential rent control (though Court invalidated this particular ordinance due to procedural defects).
Green v. Superior Court (1974) 10 Cal.3d 616
Subject: Property law.
Result: WE WON FOR APPELLANT.
Summary: Wrote amicus brief and orally argued. Opinion confirmed Hinson (below) and firmly established doctrine of implied warranty of habitability.
Hinson v. Delis (l972) 26 Cal.App.3d 62
Subject: Property law.
Result: WE WON FOR APPELLANT.
Summary: Opinion established new doctrine of implied warranty of habitability.
Lindsey v. Normet (1971) 405 U.S. 56
Subject: Constitutional law, property law.
Result: WE WON FOR APPELLANT.
Summary: U.S. Supreme Court held that Oregon’s imposition of double rent appeal bond in eviction cases denied tenants Due Process of Law.
Aweeka v. Bonds (1971) 20 Cal.App.3d 278
Subject: Property law, torts.
Result: WE WON FOR APPELLANT.
Summary: Persuaded court to establish new right to sue for damages for retaliatory eviction.
Pesic v. Zouves Fertility Center (California Court of Appeal, 2022) 2022 WL 17246343
Subject: Contracts, Torts.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of judgment setting aside jury’s $1 million verdict against fertility doctor who gave sperm from plaintiff’s husband to another woman.
350 WSJ LLC v. Winchester Plaza on the Row (California Court of Appeal, 2022) 2022 WL 9731484
Subject: Arbitration.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of trial court denial of motion to vacate arbitration award against plaintiff whom arbitrator found to have lied at arbitration.
Bonhage v. Rawson (California Court of Appeal, 2022) 2022 WL 2799171
Subject: Property law, Civil Rights.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of judgment against plaintiff who claimed that landlord refused to rent house to anyone who was not part of a “family”.
Dolch v. MUFG Union Bank (California Court of Appeal, 2022) 2022 WL 619639
Subject: Trusts.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of order denying petition to remove trustees, because beneficiary had died during appeal.
California Artichoke and Vegetable Growers v. Larson (California Court of Appeal, 2022) 2022 WL 71676
Subject: Property law, attorneys fees.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of judgment denying plaintiff attorneys fees.
Lozada v. WVJP 2017-2, LP (California Court of Appeal, 2021) 2021 WL 2608054
Subject: Creditor’s Remedies.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of preliminary injunction preventing client from executing judgment lien.
Rael & Letson v. Clark (California Court of Appeal, 2021) 2021 WL 1399946
Subject: Corporate law, employment law.
Result: WE WON FOR RESPONDENT.
Summary: Obtained substantial rejection of plaintiff’s effort to obtain additional damages against defendant for breach of duty of loyalty to corporation.
Eagle Farms v. Calcot (California Court of Appeal, 2021) 2021 WL 236326
Subject: Corporate Law.
Result: WE WON FOR RESPONDENT.
Summary: Provided moot court and strategic advice to respondent’s counsel (Orrick, Herrington & Sutcliffe), who obtained affirmance of summary judgment against cotton growers who challenged their farm cooperative.
Hamilton v. Barnes (9th Cir. 2020) 806 Fed.Appx. 536
Subject: Corporate law.
Result: WE WON FOR APPELLANT.
Summary: Provided moot court and strategic advice to help appellant’s counsel obtain reversal of order dismissing shareholders’ derivative suit.
Hung v. Choukeir (California Court of Appeal, 2020) 2020 WL 7383329
Subject: Property law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of order approving settlement agreement in property line dispute.
Mueller v. Nager (California Court of Appeal, 2020) 2020 WL 7022363
Subject: Contracts, HOA law.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of injunction directing defendant to maintain plants in housing development.
Bassler v. Stephens Institute (California Court of Appeal, 2020) 2020 WL 5101485
Subject: Arbitration, class action.
Result: WE WON PARTIAL VICTORY.
Summary: Obtained affirmance of order denying arbitration, but failed to obtain reversal of order limiting size of class.
Bielous v. Ngai (California Court of Appeal, 2020) 2020 WL 5033528
Subject: Appellate procedure.
Result: WE WON FOR RESPONDENT.
Summary: Obtained dismissal of defendant’s appeal of default judgment.
Estate of Eskra (California Court of Appeal, 2020) 2020 WL 4281963
Subject: Contracts, premarital agreements.
Result: WE LOST FOR RESPONDENT.
Summary: Failed to obtain affirmance of judgment enforcing prenuptial agreement.
Truong v. Ly (California Court of Appeal, 2020) 2020 WL 3097362
Subject: Contracts, Property Law.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of judgment for over $3 million on guarantee of property development contract.
Patterson Frozen Foods, Inc. v. California Valley Land Co. (California Court of Appeal, 2020) 2020 WL 2765769
Subject: Water rights, contracts.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of judgment in dispute re water rights.
Smith v. Smith (California Court of Appeal, 2020) 2020 WL 828703
Subject: Family law, attorney disqualification.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of order disqualifying opposing party’s attorney in divorce case.
Kang v. Harrison (9th Circuit, 2020) 2020 WL 30369
Subject: Creditor’s remedies.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of order refusing to set aside judgment against judgment debtor.
Casilio v. Valentine (California Court of Appeal, 2019) 2019 WL 6870641
Subject: Debtor’s Rights.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of judgment for fraudulent transfer of assets.
Laguatan v. Pablo (California Court of Appeal, 2019) 2019 WL 4746749
Subject: Probate, wills.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of judgment setting aside will for undue influence and awarding $180,000 in attorneys fees.
Rio Mesa Holdings, LLC v. Fidelity Title Insurance Company (2019) 2019 WL 4639103
Subject: Title insurance, Property law.
Result: WE LOST FOR APPELLANT.
Summary: Jury awarded our client $25 million on title insurance policy, but trial court set aside award and ordered a new trial. We failed to get this order reversed.
Doe v. GlobalLogic, Inc. (California Court of Appeal, 2019) 2019 WL 1513191
Subject: Arbitration.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of order denying arbitration. Opposing counsel: Orrick, Herrington & Sutcliffe LLP
Hails v. Skolnick (California Court of Appeal, 2019) 2019 WL 644224
Subject: Attorneys Fees.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of attorneys fee award.
Boykin v. Ying He (California Court of Appeal, 2019) 2019 WL 397091
Subject: Torts.
Result: WE WON FOR APPELLANT.
Summary: Ghost-wrote brief for Appellant, prepared counsel for oral argument, obtained reversal of $900,000 judgment against Appellant.
Kwok v. Kwong (California Court of Appeal, 2019) 2019 WL 275935
Subject: Trusts. Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of judgment in suit challenging administration of trust.
523 Burlingame Ave., LLC v. Golden Age Convalescent Hospital, Inc. (California Court of Appeal, 2019) 2019 WL 181267
Subject: Property law, civil procedure.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of unlawful detainer judgment.
Rael & Letson v. Clark (California Court of Appeal, 2018) 2018 WL 6064793
Subject: Corporate law.
Result: WE LOST FOR RESPONDENT.
Summary: Failed to prevent reversal of damage award for breach of loyalty to corporation.
Clark v. Rael & Letson (California Court of Appeal, 2018) 2018 WL 6064908
Subject: Corporate law.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of judgment denying petition to dissolve corporation.
Commission on Judicial Performance v. State Auditor (California Court of Appeal No. A153547, 2018)
Subject: Government regulation.
Result: WE WON FOR APPELLANT.
Summary: Obtained stipulated reversal of order preventing State Auditor from auditing Commission on Judicial Performance.
Khodagulyan v. Aminpour (California Court of Appeal, 2018) 2018 WL 4275351
Subject: Contracts.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance for most of judgment holding third parties liable for $600,000 on promissory note.
Won v. FNMA, 9th Circuit No. 16-17292, 2018
Subject: Property law, torts.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of judgment in action by ex-convict to quiet title and for alleged identity theft.
Beck v. Morris, Purdy, & Polich (California Court of Appeal, 2016) 2017 WL 2991831
Subject: Legal Malpractice.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal in legal malpractice action.
Integral Development Co. v. Tolat (9th Cir., 2017) 2017 WL 123316
Subject: Technology, trade secrets.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of summary judgment, where plaintiff alleged that its former Chief Technology Officer had misappropriated company’s source code right before he left company to work for company’s rival. Opposing counsel: Farella Braun + Martel LLP
Pecoraro v. Barbaccia (California Court of Appeal, 2016) 2016 WL 6085884
Subject: Property law.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of judgment cancelling 50-year-old lease worth $50 million, on ground of undue influence. Opposing counsel: Jones Day, Arnold & Porter
National Collegiate Student Loan Trusts v. Macias (California Court of Appeal, 2016) 2016 WL 2864858
Subject: Contracts, Evidence law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of judgment against defendant for unpaid student loan, based on plaintiff’s failure to use live witness to authenticate loan documents.
Beck v. Blum Collins, LLP (California Court of Appeal, 2015) 2015 WL 3451955
Subject: Legal malpractice.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of summary judgment against plaintiff suing law firm for legal malpractice.
Ward v. Goss-Jewett Co. of Northern California (California Court of Appeal, 2014) 2014 WL 1778673
Subject: Personal injury, civil procedure.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of $5 million default judgment in asbestos litigation. Opposing counsel: Gordon Rees
Lakireddy v. Soto-Vigil (California Court of Appeal, 2014) 2014 WL 1478693
Subject: Anti-SLAPP, Torts, Defamation.
Result: WE LOST FOR RESPONDENT.
Summary: Failed to obtain affirmance of denial of Anti-SLAPP motion in defamation action arising from election campaign.
Wellman v. Ziino (California Court of Appeal, 2014) 2014 WL 3841275
Subject: Family Law, Civil Procedure.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of order rejecting argument that res judicata barred argument regarding construction of prior judgment.
Alston v. Hoge (California Court of Appeal, 2014) 2014 WL 3730127
Subject: Arbitration.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of order sending case to arbitration.
Apartment Owners Association of California v. City of Oakland (California Court of Appeal, 2013) 2013 WL 360130
Subject: Constitutional Law. Result:
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of ruling upholding City’s regulation of evictions where property was in violation of housing code.
Ghysels v. Interfraternity Counsel (California Court of Appeal, 2013) 2013 WL 179168
Subject: Torts, Nuisance Law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of order denying relief to homeowner suing nearby Cal fraternities for excessive noise. Opposing counsel: Archer Norris
Estate of Silveira (California Court of Appeal, 2013) 2012 WL 6183607
Subject: Probate.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of judgment establishing book value of estate.
Boyden v. Hinton (California Court of Appeal, 2011) 2011 WL 5410617
Subject: Trusts, Attorneys Fees.
Result: WE WON FOR APPELLANT.
Summary: Ghost-wrote brief for Appellant, prepared counsel for oral argument, obtained reversal of order denying interest on attorneys fees award.
Pacific Pejiu Wu Restaurant Partners, L.P. v. Haramis (California Court of Appeal, 2010) 2010 WL 1256327
Subject: Contract Law, Property Law, Civil Procedure.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of rulings interpreting commercial lease and imposing “terminating sanction” on appellant.
Wright v. Santa Rosa Memorial Hosp. (California Court of Appeal, 2009) 2009 WL 4882680
Subject: Medical malpractice, Civil Procedure.
Result: WE LOST FOR APPELLANT.
Summary: Failed to obtain reversal of ruling that plaintiffs lacked standing and were barred by statute of limitations.
Arnold v. Breza (California Court of Appeal, 2009) 2009 WL 3246765
Subject: Trusts.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of order conflicting with jury’s determination that trustee did not violate his fiduciary duty.
Lewis v. County of Napa (California Court of Appeal, 2008) 2008 WL 5244651
Subject: Administrative Law.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of order denying car repair shop right to appeal from order denying him permit to operate his business.
Campbell v. Fireside Thrift Co. (California Court of Appeal, 2004) 2004 WL 49708
Subject: Class Actions, Attorneys Fees.
Result: WE WON FOR APPELLANT.
Summary: Obtained reversal of order reducing attorneys fees to class counsel.
Matoza v. Netscape Communications Corp. (California Court of Appeal, 2003) 2003 WL 22212027
Subject: Contracts, Employment Law, Technology.
Result: WE WON FOR RESPONDENT.
Summary: Obtained affirmance of order granting new trial to employee who was denied right to 20,000 shares of Netscape stock. Opposing counsel: Pillsbury Winthrop LLP