Trial Attorneys

Posted by on Jan 29, 2018 in Recent Cases |

Defense verdict on insurance bad faith claim

Attorneys Bob Baker and Derrick Lowe, representing a large automotive insurance company and an insurance brokerage, successfully defended a bad faith claim asserted by a plaintiff in response to the rescission of his automobile insurance policy. In a week-long bench trial in Palm Springs, the judge agreed with our clients’ position that the plaintiff made several material misrepresentations during his application for insurance – including a failure to disclose the business use of his vehicle and lying about the garaging location of his vehicle – and concluded that our client had the absolute right to rescind the policy in view of these misrepresentations. For these reasons, the judge dismissed plaintiff’s claims that the insurance contract had been breached and that there had been any bad faith on the part of our...

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Posted by on Oct 22, 2017 in Recent Cases |

Verdict for defendant law firms on motion for non-suit

Attorneys Bob Baker and Derrick Lowe recently represented two defendant law firms in a lawsuit where a treating physician and his business entities sued them for an alleged failure to pay an outstanding medical lien. Subsequent to the presentation of plaintiffs’ case, a motion for non-suit was successfully filed on behalf of the defendants on a number of grounds, including the absence of an enforceable lien. The Court granted the non-suit, bringing plaintiff’s case to a swift close, and granted a judgment enabling our clients to successfully recover many of their costs incurred in defending this...

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Posted by on Dec 23, 2016 in Recent Cases |

Defense verdict on medical negligence claim for spinal surgery.

Our client was sued over spine surgery performed on the plaintiff in 2009, alleging both negligence and fraud with respect to the surgery and follow-up visits. This case, originally filed in the middle of 2011, initially named two other doctors, both of which were dismissed after we successfully filed motions for summary judgment on their behalf. However, subsequently the case underwent numerous procedural twists and turns, including the filing of a parallel case, efforts to consolidate with the parallel case, and amendments to the complaint. Our attorneys, John Nahra and Brenda Benson, successfully navigated this long-standing case to trial this month, where the jury rejected all of plaintiff’s claims and returned a complete defense verdict in favor of our client, with the judge ordering plaintiff to pay for our client’s...

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Posted by on Sep 18, 2016 in Recent Cases |

$1.5 million settlement reached in insurance bad faith matter

Attorneys Robert Baker and Derrick Lowe represented a local school district in bringing a bad faith lawsuit against its insurance company for failure to pay for the cost to repair a water-damaged kindergarten building, despite the fact that the school district had specifically purchased an endorsement to cover such an event and despite the fact that coverage was required under the main policy as well. At mediation in this matter our attorneys made clear to the insurer that it had breached its duties to its insured, resulting in a $1.5 million dollar settlement with the insurance company that will allow the school district to effect all of the necessary repairs and to turn its attention back towards providing for the education of its...

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Posted by on Aug 17, 2016 in Recent Cases |

$60.2 million verdict awarded in trial over investor fraud and breach of contract allegations

In 2000, the defendants in this matter fraudulently sold our client an ownership interest in their company in exchange for over what would ultimately be over $635,000 in investments. After taking his money, however, they proceeded to cut him out of the promised ownership interest, refused to give him his agreed-upon salary, and breached payment on numerous promissory notes. Subsequently, they closed up the company and over the subsequent years proceeded to play a complex shell game, constantly shifting the money – and our client’s investments – into one new company after another, all in order to hide their ill-gotten gains and prevent our client from ever recovering on his investment. On August 12, 2016, however, the defendants were finally brought to justice. After years of work by our attorneys Laurence Osborn and Robert Baker to unravel defendants’ fraudulent activities and fight through their obstructive litigation tactics, the trial court completely rejected the defendants’ attempts to hide behind their shell companies and awarded our client a verdict of $60,282,000.00,...

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Posted by on Nov 6, 2015 in Recent Cases |

$530,000 award obtained in arbitration for breach of settlement agreement

In October of 2015, attorneys Phil Baker and Dan Leonard secured an award of over $530,000 at an arbitration before the Honorable Charles S. Vogel (Ret.) in a contract dispute over performance of a settlement agreement between former partners. The arbitrator rejected Respondents’ attempts to disturb the terms of the settlement agreement and found the agreement fully enforceable, including payment of interest and actual attorneys’ fees and costs in addition to the $530,401.16 awarded to our...

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