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After granting JBB’s Motion for Summary Judgment dismissing a multi-million dollar claim brought by a Dallas-based investment banking firm, Judge Selna of the Federal District Court for the Central District of California granted our Motion for Attorney’s Fees and Costs, awarding JBB’s client almost $800,000 in fees and costs.  JBB is now moving to register the judgment in the State of Texas, permitting our client to enforce its judgment for attorney’s fees in that state.

With a trial date quickly approaching in the United States District Court, Judge Selna recently granted JBB’s Motion for Summary Judgment in an action brought by a Dallas-based investment bank seeking the recovery of a $4 Million “success fee” on a transaction which closed after the tail period of the engagement agreement had expired.  JBB’s client, CHC Consulting LLC, terminated the services of the bank and sold its business more than 2 years after the

The firm received an Arbitration Award on behalf of its client, Contructora Camabuga, a Mexico-based developer that purchased an ocean-view lot in Malibu back in 2010.  Our client alleged that the seller and the real estate agent intentionally concealed facts relating to geotechnical issues known by them which made the lot unbuildable under State, County and City requirements.  Ret. Judge John W. Kennedy of JAMS found that the evidence presented during the week-long hearing supported the

Ret. Judge Stephen E. Haberfeld of JAMS issued an arbitration award in favor of the firm’s client, Burkhalter, Kessler, Clement & George (BKGG) in a dissociation lawsuit brought by former partner, Eric J. Goodman.  Mr. Goodman sought the recovery of more than $400,000 pursuant to Section 16701 of the California Corporations Code as his “interest” when he abruptly dissociated from the firm in June 2011.     After a week-long hearing before Judge Haberfeld, our client received

Most employers are familiar with the general laws that require them to provide their employees with 30 minute lunch break. What many employers do not know is that their employees are entitled to a second meal break if the employees work more than 10 hours in a given day. California Law on Two Lunch Breaks California Labor Code §512(a) states in relevant part, An employer may not employ an employee for a work period of

Julander, Brown & Bollard just obtained a judgment in the amount of $4,821,659.21 against Chinese manufacturer Yangzhou Jiahe Radiator (together with other Chinese alter-egos) and its U.S. subsidiary, OPL Auto Parts, Inc.  After JBB’s client, California-based Champion Motorsports, Inc., discovered that Yangzhou and OPL were selling its proprietary classic car radiators on eBay, JBB wrote a cease and desist letter to the offending parties.  When they refused to comply, JBB filed an action against Yangzhou/OPL

“Isn’t it a shame how 99% of the lawyers give the whole profession a bad name.” 30 years ago The George Washington University National Law Center turned loose on the world a shiver of new graduates. Being among those graduates, I dutifully set out to make the world a better place through lawsuits. In the three decades that followed, I learned an awful lot about an awful lot. Mostly, I have learned what’s important to

Apparently, a monkey took a selfie of himself and the picture went viral.  PETA then sued the photographer who published the picture claiming that the monkey’s copyright privileges were infringed.  The District Court granted the photographer’s motion to dismiss on the grounds that PETA did not have standing to sue for the monkey. Subsequently, the parties settled before the appellate decision was decided.  Notwithstanding the out of court settlement, the 9th Circuit upheld the district court

A required element of a malicious prosecution action is for the plaintiff to prove that an underlying action was successfully terminated in its favor on the merits. In a recent case the California Court of Appeal held that if a plaintiff prevails on a single cause of action in a multi cause of action complaint, the defendant, who prevailed on all but one of the multiple causes of action, can’t establish the favorable termination element necessary

A California Appellate Court has held that in lawsuits involving multiple parties there may be more than one prevailing party entitled to contractual attorney’s fees. In the underlying case, the plaintiff sued a company for breach of contract and also named the company’s managing partner as an individual defendant, based on an alter ego allegation. The plaintiff prevailed on the breach of contract claim against the company but the individual defendant prevailed against the plaintiff

Whether a worker is classified as an independent contractor or an employee is of critical importance to businesses. By way of example, if a worker is classified as an employee, she is given the protection of the California Wage Orders and is entitled to regular meal and rest breaks as well as overtime compensation. If a company fails to comply with the wage orders, it may be exposed to significant liability by way of lawsuits,

In a recent case, Baker Marquat LLP v. Kantor  2018 DJDAR 3685, (April 25, 2018), the California Court of Appeal held that in a binding fee arbitration, the submission and consideration of a confidential brief that contained claims not included in the arbitration demand was an ex parte communication. The Appellate Court found that the arbitration award was procured by “undue means” pursuant to California Code of Civil Procedure Section 1286.2 and was thus reversed. For more

In a recent California Supreme Court case, the Court resolved a split between Appellate Courts about whether a contractor can withhold payments to a subcontractor based on the “good faith dispute “ exception to  the State’s prepayment laws if the dispute concerns any dispute between the parties or if the dispute must be directly relevant to the specific payment that would otherwise be due. In United Riggers & Erectors Inc. v. Coast Iron & Steel Co.

In a recent California Court of Appeals case, the Court considered a matter of first impression: Can a Landlord be held liable to a commercial tenant for damage to a tenants property, resulting from an alleged sewage backup, when the tenant (who had a month to month tenancy after its lease had expired) had stopped paying rent, had been served with a three-day notice to pay rent or quit, and had been named in an

In a recent case, the Forth District Court of Appeal held that a complaint that fails to state an amount of damages or states that it will be an amount “to be proved” is void not just voidable. In Airs Aromatics v. CBL Data Recovery Technologies  2018 DJDAR 5045, the Court set aside a $3 million default judgment pursuant to Code of Civil Procedure Section 580 (a). In the case, the defendant had originally answered, engaged in

In a case decided Monday, June 4, 2018, the California Supreme Court held that an insured employer that is sued for negligent hiring, retention, or supervision of an employee is entitled to coverage even when the alleged damage is caused by the intentional act of an employee. In Liberty Surplus Insurance Corp. Ledesma & Meyer Construction Co. 2018 DJDAR 5349, the defendant employer was sued for the negligent hiring, retention and supervision of a construction employee,

In the recent case of Newland v. County of Los Angeles (2018) WL 3017203, the 2nd District of the California Court of Appeal considered the “Vehicle use exception” to the “going and coming” rule of employees commuting to work.  An employee’s commute to and from work is generally not considered to be within the course and scope of employment, and therefore an employer would not be liable for an accident occurring during the commute.  However, if the employer

Julander, Brown & Bollard successfully defended an indemnity cross-complaint against its client, Arlon LLC, who was also awarded all of its attorney’s fees incurred in the defense.  Arlon sold its vinyl manufacturing business to Arlon Graphics in 2011.  As part of the Asset Purchase Agreement, Graphics agreed to assume responsibility under the existing building lease.  When Graphics vacated the building in 2016, the landlord sued it for $5 Million in needed repairs.  Graphics cross-complained against

In a recent case in 2nd District of the California Court of Appeal, Vasquez v San Miguel Produce, Inc. (2018 DJDAR 789), the Court held that an agency or similar relationship between a nonsignatory and one of the parties to an arbitration agreement allows enforcement of arbitration by the nonsignatory.  In the case, plaintiffs were employed by Employers Depot, Inc (EDI) a staffing agency.  Plaintiffs signed an arbitration agreement with EDI and were assigned by EDI to pack

On Monday, February 25, 2019, Judge Linda Marks of the Orange County Superior Court issued a favorable ruling on a motion for summary judgment brought by Julander, Brown & Bollard in a case that was scheduled to go to trial in March of this year. The ruling will remove JBB’s client, a large New York based holding company, from a case alleging disputed breach of warranty claims against JBB’s client in the amount of $11

In a recent 2nd District Court of Appeal case, the Court held that contractual arbitration proceeding is not protected activity under the anti-SLAP Statute (Code of Civil Procedure 425.16). In Zhang v. Jenevein 2019 DJDAR 604, the Court held that even though arbitration awards are subject to judicial confirmation, contractual arbitration is not an “official proceeding” and therefore, it does not fit any of the four anti-SLAP categories. Thus the party who had secretly recorded conversations and introduced

The California Supreme Court just set forth clear rules as to what a Court can consider when ruling on an anti-SLAPP motion. In Sweetwater Union School District v. Gilbane Building Co. (Cal. 2016) 202 Cal.Rptr.3d 711 [371 P.3d 223], the Court held that “In determining a plaintiff’s probability of success the (trial ) court may consider statements that are the equivalent of affidavits and declarations because they are made under oath or penalty of perjury in California…”