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Nearly all litigation matters handled by the Firm result in
resolution on confidential terms. For this reason, and to protect
client confidentiality, non-public results are not published.
Following is a list of public results in trials, arbitrations and
mediations.
New Dimension Masonry, Inc.
(Prevailing Wage/ Apprenticeship Compliance)
DAS Complaint #2009-0778
2010: In an administrative
proceeding before the
California Department Of Industrial Relations, the Division of
Apprenticeship Standards (“DAS”) cited our client for alleged
failure to comply with the apprenticeship requirements of
California’s Prevailing Wage Law at Labor Code section 1777.5
and the California Code of Regulations section 203.1.
We quickly convinced the DAS the complainant, a union
watchdog-type group, was wrong in its use of the law relating to
approved apprenticeship programs and apprentice dispatch
requests. The DAS
dismissed the complaint before a hearing was necessary.
In short order, our client was paid in full its project
funds which had been withheld due to the apprenticeship
complaint.
Counsel:
Chad T. Wishchuk
Linda Meadows v. City of San Diego, et al.
(Personal Injury)
San Diego Superior Court Case No. 37-2008-00098424-CU-PO-CTL
2010: Mediation of trip and fall claim involving back, leg and foot injury resulting
in $325,000 settlement in favor of the Firm’s client.
Counsel:
Christina R. Denning
In the Matter of the Estate of Victor Manuel Andujo, Deceased
(Probate)
Superior Court of the State of Arizona, Maricopa County Case No. PB2009-090108
2009: Three day bench trial regarding domicile of decedent and jurisdiction of probate
court to administer decedent’s estate, resulting in vesting of inheritance rights by the firm’s
clients in decedent’s California lottery winnings, and appointment of clients’ designee as personal
representative.
Counsel:
Davide Golia,
Danielle C. Humphries
and
Bernard F. King III
Quality Interiors, Inc. v. Brawley Luckey Ranch, L.P.,
et al., [and consolidated cases]
(Construction)
Imperial County Superior Court Case No. ECU04153
2009: The Firm represented six clients with claims for payment on a
private 500 unit development project and related public
improvements located in Brawley, California.
Despite an insolvent developer, the Firm recovered nearly $6 million for its clients,
with three site improvement contractors each recovering in
excess of 100 percent of their principal claims.
The Firm pursued litigation for recovery on public works payment bond, mechanic’s
liens, bonded stop notices, breach of contract and related
causes of action against the project owner, construction lender,
homeowners and bond sureties. The case concerned a $35 million construction loan which the lender
ceased funding as the project property value fell to less than
$4 million. The Firm successfully argued the borrowing base credit line theory
claimed by the construction lender to cease funding and paying
contractors was invalid and did not absolve the lender of
liability on either stop notices or mechanic’s lien claims.
Counsel:
P. Randolph Finch Jr.
and
Allison N. Cooper
Engineered Structures of San Diego, Inc., dba Cairo
Construction Company v. CH2M Hill Constructors, Inc., et al.
(Construction)
San Diego Superior Court Case No. 37-2008-00057648-CU-8C-NC
2009: The Firm represented a subcontractor in litigation arising
from the construction of a large wastewater treatment plant in
North San Diego County. The Firm initiated a lawsuit on behalf
of the subcontractor against the design-build-operate contractor
who had not paid the subcontractor in full for contract work
performed. The subcontractor also sought damages for disruption
to its work, resulting in labor inefficiency, and for change
order work for which it had not been paid. The
design-build-operate contractor disputed the subcontractor's
claim and asserted a cross-complaint in the lawsuit against the
subcontractor seeking affirmative relief. After a two-week jury
trial, the jury returned a verdict in favor of the Firm's client
in the amount of $443,884.26. The Firm's client then asserted
post-verdict claims for interest, costs and attomeys' fees, and
was paid $750,000.00.
Counsel:
Jason R. Thornton
and
Justin
M. Stoger
The City of Indian Wells, and Redevelopment Agency of
the City of Indian Wells v. Hemet Manufacturing Co., Inc., dba
Genesis Construction, et al. (Construction)
Orange County Superior Court Case No. 06CC08240
2009:
The Firm initiated a multi-party construction defect action on
behalf of the City of Indian Wells as owner of a multi-unit
affordable senior housing complex.
The Firm sued the prime grading contractor, prime
building contractor, their performance bond sureties, the
architect, soils engineer, and others for damages for
construction defects relating to soils settlement.
The defendants each alleged they did not cause the
damage, the deeper soils issues were the cause of settlement,
and that the City’s damages were not as extensive as claimed.
In addition, the Firm defeated a motion for summary
judgment by the prime grading contractor’s performance bond
surety contending the damages and claim occurred in excess of
one year from completion.
After more than a year of litigation, the Firm recovered
$9,129,725.00 for its client via settlement.
Counsel:
Davide Golia and Louis J. Blum
Erickson-Hall Construction Company v. San Diego Unified
School District and Graham Champion (Labor
Compliance)
San Diego Superior Court Case No.
37-2008-00087501-CU-WM-CTL
2009:
The Firm recovered over $1 million on behalf of its general contractor
client against the school district and its labor compliance
program. In this first of its kind lawsuit, the Firm asserted
civil rights and other claims against the labor
compliance program which was withholding contract funds far in
excess of that justified by the California Prevailing Wage Law.
The case settled, and in addition to the large recovery, the Firm's client
was paid its
attorneys' fees.
Counsel:
Chad T. Wishchuk
RePipe - California, Inc. v. W I T Pipeline Rehab, et
al. (Construction)
San Diego Superior Court Case No.
37-2008-00090723-CU-BC-CTL
2009:
The Firm initiated litigation on behalf of a pipeline
rehabilitation subcontractor on a City of San Diego Metropolitan
Wastewater Department sewer rehabilitation project. The Firm
sued the general contractor, its payment bond surety and the
project owner to recover the principal amount due of $270,000.00
via claims for breach of contract, recovery on payment bond, and
recovery on public works stop notice. The general contractor
alleged it was entitled to an offset from subcontractor due to
delays on the project and liquidated damages assessed by the
owner. The Firm recovered $336,000.00 for its client via
settlement, more than the principal claim, one month before
trial.
Counsel:
P. Randolph Finch Jr. and
Andrea L. Petray
Urata & Sons Cement, Inc. v. Lodi Unified School
District, et al. (Construction)
San Joaquin Superior Court Case No. CV033417
2009:
A trade contractor on a public works new high school
construction project filed suit against the Firm’s construction
manager client for breach of contract as an alleged third party
beneficiary and negligence seeking in excess of $3.8 million
dollars for alleged contract balance and delay and disruption
damages. Following nearly two years of litigation and after the
court granted the Firm’s summary judgment/ adjudication motions,
the District and trade contractor settled with no contribution
by the Firm’s client.
Counsel:
P. Randolph Finch Jr. and
Andrea L. Petray
Roel Construction Company, Inc. v. Alcala Co., et al. (Insurance)
San Diego Superior Court Case No. 37-2007-00052066-CU-CD-CTL
2009:
The Firm recovered over $1.5 million on behalf of its general
contractor client and
its insurers against numerous subcontractors and their insurers
in a subrogation matter involving a pedestrian bridge collapse. The
underlying claim was settled during a pre-litigation ADR process
and the Firm was nominated lead trial counsel for the client and
the developer’s insurance carriers in the subsequent subrogation
action against the subcontractors and their insurers. In the
subrogation action, one of the insurers for a subcontractor
filed a motion for summary judgment regarding its duty to defend
the client as an additional insured in the underlying ADR
proceeding. It was the insurer’s position that it had no duty
to defend the client because no complaint was ever filed in the
underlying claim. Prior to the hearing on the motion, the Firm
reached a settlement with the insurer for $1 million plus an
additional $388,000.00 (representing reimbursement of defense
fees in the underlying ADR proceeding) contingent on the Firm
beating the insurer’s motion for summary judgment. The Firm prevailed against the motion, resulting in
payment of the $388,000.00 to the client and its carriers,
including reimbursement of the client’s out of pocket deductible
expenses.
Counsel: Davide Golia and
David W. Smiley
C & L Coatings, Inc. v. Apex Development, Inc., et al. (Construction)
Court of Appeal of the State of California, 2nd Dist. Case No.
B215701
2009:
The Firm represented a contractor against a
defaulting subcontractor for breach of contract and indemnity
relating to its work on a public work of improvement. During
the project the contractor obtained the consent of the public
agency to substitute its listed subcontractor with another
subcontractor. At the
end of the project the replacement subcontractor’s supplier sued
the subcontractor and the contractor’s payment bond. In the action initiated by the Firm against the
subcontractor for breach of contract and express indemnity, the
subcontractor moved for summary judgment arguing that its
contract with the contractor was void because the public agency
failed to give the original subcontract notice of the
substitution and an opportunity for a substitution hearing. The
trial court granted the motion for summary judgment and the Firm
appealed the decision to the California Court of Appeal on
petition for writ of mandate. The Court of Appeal agreed with
the Firm that the contract was valid because the failure to
comply with the notice and hearing requirements of the Public
Contract Code was not caused by the contractor who obtained
public entity consent. Accordingly, it reversed the summary
judgment order and allowed the contractor to proceed to trial on
its breach of contract and express indemnity claims against the
defaulting subcontractor.
Counsel:
Jason R. Thornton,
Christina M. Rimkus and
David W. Smiley
Casoleil LP v. Wermers, Inc., et al. (Insurance)
San Diego Superior Court Case No. GIC862625
2009:
This case involved a multiparty construction defect action with
claims by the owner in excess of $34 million. In the action, the
Firm’s client faced claims in excess of $5 million and
insurance coverage was vigorously disputed by the client’s general liability
carriers. The Firm was able to obtain a
favorable settlement within policy limits,
including payment of the client’s defense fees and costs by the
insurers.
Counsel:
P. Randolph Finch, Jr.
and David W. Smiley
In Re: the Harriet Kopp Trust (Probate)
San Diego Superior Court Case No. 37-2008-00152626-PR-TR-CTL
2009:
The Firm successfully petitioned the Court for a construction of
the decedent’s trust which will result in over $4,000,000.00
passing to the Firm’s client. Overcoming allegations that the
trust language directed one-half of the trust residue pass to
another beneficiary, the Firm used extrinsic evidence to show
the decedent’s true intent was that the entire trust residue
pass to the Firm’s client.
Counsel:
Davide Golia,
Danielle C. Humphries
and Nowell A. Lantz
In Re: the Harriet Kopp Trust (Probate)
San Diego Superior Court Case No. 37-2008-00152626-PR-TR-CTL
2009:
The Firm successfully petitioned the Court for a determination
that the client’s proposed petition regarding the construction
of a trust does not violate the no-contest clause of the
decedent’s trust or will. The Court ruled in favor of the
Firm’s client, holding that the proposed petition does not
violate the terms of the no-contest clauses or otherwise result
in forfeiture of rights by the Firm’s client. This ruling
allowed the Firm’s client to file her proposed petition without
forfeiting her $4,000,000.00 interest in the decedent’s trust.
Counsel:
Danielle C. Humphries
and Nowell A. Lantz
Estate of Mary Alward Taylor (Probate)
San Diego Superior Court Case No. 37-2008-00152011-PR-PW-CTL
2009:
The Firm initiated a contest of a purported holographic codicil
and successfully negotiated a settlement resulting in the Firm’s
client receiving the full amount she was entitled to receive
under the decedent’s formal will.
Counsel:
Danielle C. Humphries
and Nowell A. Lantz
Estate of Harold A. Mosier and In Re: the Marital
Deduction Trust and the Residuary Trust created under the Will
of Harold A. Mosier, deceased, and Order of Preliminary
Distribution dated September 25, 1970 (Probate)
San Diego Superior Court Case No. P90842
2009:
The Firm successfully petitioned the Court for a determination
that the client’s proposed petition for removal of a co-trustee
and redress of multiple breaches of trust, with respect to
trusts valued at approximately $50,000,000.00, does not violate
the no-contest clause in several testamentary documents or
result in forfeiture by the Firm’s client of her rights under
the documents. The Court ruled in favor of the Firm’s client,
preserving the client’s right to receive approximately
$30,000,000.00 in property.
Counsel:
Davide Golia,
Danielle C. Humphries
and Nowell A. Lantz
Select Electric, Inc. v. Balfour Beatty/Ortiz Enterprises, Inc.,
et al. (Construction)
San Diego Superior Court Case No. 37-2007-00066282-CU-BC-CTL;
Imperial County Superior Court Case No. ECU03524
2009: The Firm initiated litigation on behalf of the electrical
subcontractor on the Metropolitan Transit System’s light rail
construction project which extended the San Diego Trolley system
to eastern portions of San Diego County. The project had been
severely delayed and disrupted and the Firm filed suit to
recover: (1) subcontract balance held by the general contractor
based on a liquidated damages claim asserted by the owner; and
(2) delay and disruption damages incurred by the electrical
subcontractor. The Firm recovered, via settlement, in excess of
100 percent of the subcontractor’s principal delay and
disruption damages from the owner and the entire subcontract
balance from the general contractor. The Firm’s client avoided
what became a multi-month jury trial between the owner and
general contractor in Imperial County.
Counsel:
P.
Randolph Finch Jr.
and Dustin R. Jones
Small v. Operative Plasterers’ and Cement Masons’ International
Association, Local 200 (Labor)
Appeal Nos. 08-56668 and 08-56942 (9th Cir. 2009)
2009:
At the Firm’s request, the NLRB obtained an injunction against
Plasterers’ Local 200 under section 10(l) of the National Labor
Relations Act. The injunction specifically enjoined Local 200
from prosecuting two state-court lawsuits. The state-court
lawsuits sought millions of dollars in damages because the
Firm’s client assigned plastering work to employees who were
represented by the Carpenters’ union. The Ninth Circuit
rejected Local 200’s argument that the injunction violated the
First Amendment.
Counsel: Stephen J. Schultz
and Mark T. Bennett
Standard Drywall, Inc. v. Operative Plasterers’ and
Cement Masons’ International Association, Local 200
(Labor)
Case No. EDCV 09-0115 (C.D. Cal. 2009)
2009:
This case involved work under a PLA that the Firm’s client
performed on a public works project. The AFL-CIO’s Plan for the
Settlement of Jurisdictional Disputes in the Construction
Industry issued an arbitration award against the Firm’s client.
The Federal Court granted the Firm’s motion for summary judgment
to vacate the Plan award. The Federal Court agreed with the
Firm that the Plan award violated public policy.
Counsel: Stephen J. Schultz
and Mark T. Bennett
Steve Rioux v. Daniel Meade (Personal Injury)
San Diego Superior Court Case No. 37-2007-00082755-CU-PO-CTL
2009:
Five day jury trial resulting in verdict over $300,000.00 in
favor of Firm’s Client, for an ice hockey injury sustained from
a cross-check in the throat by defendant during a no-check ice
hockey game at Ice Town in La Jolla, California. Plaintiff’s
injuries included a broken larynx, tracheotomy and resulting
physical and emotional damages. Defendant’s home owner’s
carrier made no settlement offer and lost its summary judgment
motion.
Counsel: Davide
Golia
and Christina M. Rimkus
Inland California, Inc. v. G.A. Abell, Inc., dba Precision Electric Company (Construction)
San Diego Superior Court Case No. 37-2007-00081491-CU-BC-CTL
2009: Subcontractor on a condo-conversion project was sued by general contractor
for $1.2 million based on Type 1 indemnity claim for extra work paid to the general contractor’s
drywall subcontractor. The Firm was retained less than two weeks before the trial date and
successfully moved the court for a trial by jury, and tried the case to a 12-0 verdict resulting in
no recovery for the general contractor and recovery of the Firm’s subcontractor client’s
entire contract balance and attorneys’ fees.
Counsel: Davide
Golia, Justin
M. Stoger
and Ajay C. Shah
Milcon Services, Inc. v. Hemet Unified School District (Western
Rim Constructors, Inc.) (Construction)
Riverside Superior Court Case No. RIC500747
2008: This matter involved a challenge to the award of a track
and field improvement trade package for a Riverside County
public high school to the Firm’s client. Based on the low
bidder’s failure to list an approved synthetic track surfacing
manufacturer and installer, the Firm successfully protested and
the District awarded the trade package to the Firm’s client.
The rejected low bidder then filed suit, seeking a judicial
mandate that the District reverse its decision and award to it.
The Firm successfully defended the lawsuit and convinced the
court to adjudicate the matter on an expedited schedule, so as
to allow the Firm’s client to begin construction without delay.
Counsel:
P.
Randolph Finch Jr.
and
Dustin R. Jones
West Coast Air Conditioning Co., Inc. v. Fountain Valley School
District (Construction)
Orange County Superior Court Case No. 07CC05300
2008: Prime contractor on a four school modernization project
suffered delay, disruption and inefficiency damages as a result
of unclear plans and specifications, and late completion of
predecessor activities by other contractors to the District.
The Firm filed suit to collect the damages. Following over a
year of litigation and cordial meetings with the District, its
counsel and experts to explain the claim, the case was mediated
to a settlement with the Firm’s client being paid 1.275 million
for delay and disruption damages, and receiving a thank you
letter from the District for building a quality construction
project.
Counsel:
P.
Randolph Finch Jr., Justin
M. Stoger
and Dustin R. Jones
Johnson, Barnes & Finch, Inc. v. Meier Pacific, Inc., et al.
(Construction)
San Diego Superior Court Case No. GIC881652
2008: Numerous subcontractors initiated litigation against
the Firm’s general contractor client and the project owner to
collect subcontract balances. The Firm’s general contractor
client asserted the pass through claims for unpaid contract
balance and for additional overhead to build the project, which
was completed over one year behind schedule. The project owner
countered with a delay claim and other claims. Through a series
of negotiations, settlement conferences and mediation just prior
to a jury trial, the Firm’s client was paid on its claim for
additional compensation, and received full indemnity from the
owner for all subcontractor suits.
Counsel:
Davide
Golia
and
Nowell A. Lantz
GBC Concrete and Masonry, Inc. v. Altadena Lincoln Crossing,
LLC, et al. (Construction)
Los Angeles Superior Court Case No. GC037960
2008: The Firm’s trade contractor client sued project owner and
lender to recover $311,000.00 for improvements to the project.
The Firm’s client’s early litigation offer to accept $336,000.00
was rebuked by the defendant. After obtaining a pre-judgment
writ of attachment and summary adjudication of its breach of
contract and lien foreclosure causes of action, and attaching
rents due the project owner, the case settled with the Firm’s
client being paid $475,000.00.
Counsel:
P.
Randolph Finch Jr.
and
Andrea L. Petray
Protest of Award to HAR Construction by Jaynes
Corporation of California
(Construction)
Southwestern Community College District Higher Education Center
at San Ysidro, Project No. 20702-E-01
2008: This matter involved the award of a $4 million
educational building project by the Southwestern Community
College District. Based on an irregularity in the low bidder’s
bid amount, the Firm successfully protested and the District
rejected the low bid and awarded the project to the Firm’s
client after two public hearings conducted by the District to
consider the matter.
Counsel:
P.
Randolph Finch Jr.
and Dustin R. Jones
Protest of Award to W.E. O’Neil Construction Co. by Jaynes
Corporation of California
(Construction)
Eastern Municipal Water District Administrative Office Building
Expansion
2008: The Firm protested award of a $19 million office building
project by the Eastern Municipal Water District based on
inconsistencies in the low bidder’s subcontractor listing. The
District responded by rejecting all bids and on rebid, the Water
District revised its bidding instructions to eliminate
ambiguities pointed out by the Firm. The Firm’s client was the
low bidder and awarded the contract following the rebid.
Counsel:
P.
Randolph Finch Jr.
and Dustin R. Jones
Plasterers, Local 200 (Standard Drywall, Inc.)
(Labor)
National Labor Relations Board
Case No. 21-CD-659
2008: Local 200 of the Plasterers’ union filed two state
court lawsuits against the Firm’s client, which is signed to a
collective-bargaining agreement with the Carpenters’ union.
Local 200’s lawsuits seek injunctive relief, compensatory
damages, punitive damages, and restitution. Unfair labor
practice charges were filed against Local 200 under section
8(b)(4)(D) of the National Labor Relations Act. The charges allege the real motive
behind the lawsuits is to force a reassignment of plastering
work to Local 200’s members instead of continuing to assign that
work to employees represented by the Carpenters’ union. A
National Labor Relations Board
administrative law judge agreed. He ordered the lawsuits be
dropped and that the Firm’s client be reimbursed for its
attorneys’ fees.
Counsel: Stephen J. Schultz
and Mark T. Bennett
Blackinton Airport Property Owners Association v. Dino DeLuca,
et al. (Real Estate)
San Diego Superior Court Case
No. GIN056722
2008: Plaintiff homeowners association sued to foreclose on a
lien to collect delinquent assessments in the amount of
$154,000.00. Defendant asserted a cross-claim for declaratory
relief seeking to invalidate the homeowners association’s
allocation of airport landing rights. After the second day of
plaintiff’s case-in-chief at trial, and testimony by sitting
Justice MacDonald (who drafted the operating documents for the
association), defendant agreed to pay the full amount of the
lien plus $150,000.00 in attorneys’ fees and costs; and judgment
validating the allocation of landing rights.
Counsel: Jason R. Thornton and
Andrea L. Petray
County of Imperial v. RSM2 Contractors, Inc.
(Construction)
Agricultural Commissioner Office Building Project
2007: The Firm represented general contractor in disputes
concerning the destruction by fire of a $1.5 million public
project that was 99 percent complete.
The public entity owner and its insurance carrier claimed
the general contractor was contractually obligated to obtain
builder’s risk insurance coverage for the loss and despite not
having it, was responsible for the cost to rebuild.
The Firm argued the existence of duplicate coverage
through a public entity risk sharing policy absolved the
contractor of liability for the alleged failure to obtain
insurance. Following
mediation and a series of negotiations, the Firm’s client
avoided liability for the loss with insurance carriers paying
the Firm’s client to rebuild the project.
Counsel:
P. Randolph Finch Jr.
and
Allison N. Cooper
Protest of Award to Gamut Construction Company, Inc. by Jaynes
Corporation of California (Construction)
City of Escondido Fire Station No. 1
2007: The Firm protested award of a $12 million fire station
project on the basis of an irregularity in the low bidder’s bid
bond. The Firm succeeded and the City Council rejected the low
bid and awarded the project to the Firm’s client despite a
significant bid spread.
Counsel:
P.
Randolph Finch Jr.
and
Dustin R. Jones
Time And Alarm Systems v. Edge Development, Inc., et al.
(Construction)
San Bernardino Superior Court
Case No. SCVSS 143134
2007: Second-tier subcontractor initiated litigation to
collect the contract balance on a $42 million dollar new High School
project which was completed over one year behind schedule with
delay and disruption claims by more than a half dozen
subcontractors totaling over $8 million dollars. After serving as
project counsel since 2004, the Firm represented the general
contractor in responding to the subcontractor claims and
pursuing the owner for payment of the legitimate amount of the
same, as well as the additional costs of the general contractor.
Through a series of liquidation agreements, mediations and
negotiations with the owner and its counsel, the Firm’s client
avoided liability to the subcontractor claimants beyond the
amount paid by the owner, and recovered additional compensation
for its work, with the District paying the Firm's client over $2.6 million dollars to resolve the consolidated lawsuits.
Counsel:
P.
Randolph Finch Jr.
and Andrea L. Petray
John
Zayak v. John
T. Hardisty Construction, Inc., et al. (Business)
San Diego
Superior Court Case No. GIC852090
2007: Plaintiff sued to collect $90,000
owed by defendants under a promissory note. Defendants asserted
cross-claims for breach of fiduciary duty, fraud and
conversion. On the eighth day of a ten day jury trial,
defendants agreed to dismiss their claims, and pay plaintiff
$140,000 plus attorneys’ fees and costs in settlement of the
action. After the court awarded fees and costs, plaintiff’s
total recovery
was $429,223.11.
Counsel: Davide
Golia and Bernard F. King III
Rossi Concrete, Inc. (Labor
and Employment)
2007: 21-RC-20948
The Southern California District
Council of Laborers filed an election petition with the
National Labor Relations Board. The Union sought to represent a
bargaining unit comprised of all the company's field construction
employees, including its foremen. The Firm successfully argued the
foremen were supervisors, must be excluded from the bargaining unit,
and could not vote in the election. The union lost the election 49
to 19.
Counsel: Stephen J. Schultz
Sandra Hilligoss, et al. v. Fish & Fish Real Estate, Inc., et al. (Personal Injury)
San Diego Superior Court Case No.
GIC852635
2007: Mediation of trip and
fall shoulder injury claim resulting in $400,000 settlement in
favor of Firm's client.
Counsel: Christina M. Rimkus
Southwest Regional Council of Carpenters (Standard Drywall, Inc. ) (Labor and Employment)
348 NLRB No. 87
2006:
This case involved a proceeding under section 10(k) of the National
Labor Relations Act. The Firm successfully defended the client’s
right to assign plastering work on all Southern California public
works projects to employees represented by the Carpenters union
instead of to employees represented by the Plasterers union. The
National Labor Relations Board agreed with the Firm that the client did not have to submit the
work assignment issue to the AFL-CIO’s Plan for Resolution of
Jurisdictional Disputes.
Counsel:
Mark T. Bennett
Kims v. Rowley, et al.
(Construction)
San Diego Superior Court
Case No. GIC 845277
2006: Two week jury trial regarding private work of improvement
resulting in 9-3 defense verdict in favor of Firm's client on
complaint seeking disgorgement of over $800,000 for alleged
unlicensed contractor work. Last pre-trial offer by Firm’s
client was to pay $5,000 to settle.
Counsel:
Davide Golia and Nowell A. Lantz
Global Conveyance, Inc., et al. v. Roel Construction Co., Inc., et
al. (Business)
San Diego Superior Court
Case No. GIC831566
2006: Eight day bench trial
on complaint against client seeking $90 million, plus punitive
damages, resulting in complete defense judgment in favor of
Firm's contractor client. Plaintiff’s last pre-trial offer was
to accept payment of $15 million.
Counsel:
Davide Golia and Louis J. Blum
J.B. Riha Corporation v. Andrew and
Mary Connors-Nicholls (Construction)
San Diego Superior Court
Case No. GIC841028
2006: Three week jury trial
regarding private work of improvement resulting in 11-0 verdict
in favor of Firm's contractor client on complaint, zero recovery
on $1,000,000 cross-complaint of property owner opponent
(including claims for punitive damages) against both contractor
and project manager.
Counsel:
Davide Golia and Nowell A. Lantz
Southwest Regional Council of
Carpenters (Standard Drywall, Inc.) (Labor and Employment)
346 NLRB No. 48
2006: Two day
National Labor Relations Board hearing in
which the Firm successfully defended its client’s right to assign
plastering work to employees represented by the Carpenters' union
instead of to employees represented by the Plasterers’ union. The
Plasterers’ union’s state court lawsuit was deemed to be a claim
to the plastering work.
Counsel:
Mark T. Bennett
First Class Water and Shower v. B.
L. Murphy, dba B. L. Murphy & Sons (Business)
San Diego Superior Court Case No.
GIC840592
2006: Two week jury trial
regarding breach of contract and conversion resulting in 10-2
verdict in favor of Firm's client on plaintiff's complaint and 12-0
verdict in favor of Firm's client on its cross-complaint.
Counsel:
Davide Golia and David W. Smiley
Roel Construction Co., Inc. v.
Fladeboe Automotive Group, Inc., et al. (Construction)
Orange County Superior Court Case No.
04CC05399
2005: Three week jury trial
regarding private work of improvement resulting in 12-0 verdict in
favor of Firm's contractor client on complaint, zero recovery
on cross-complaint of property owner opponent, and declaration that
termination was for convenience not cause.
Counsel:
Davide Golia and Louis J. Blum
Arnco Construction, Inc. v. Douglas
E. Barnhart, Inc., et al. (Construction)
Ventura Superior Court (Central) Case
No. CIV225522;
Second District Court of Appeal Case
No. B187192
2005: Bench trial of claims by
subcontractor for compensation by general contractor resulting in
judgment in favor of Firm's general contractor client including
award of attorneys’ fees and costs against the subcontractor
plaintiff of over five times the amount sought by plaintiff.
2006: Judgment affirmed by the Court
of Appeals, and client awarded costs on appeal.
Counsel:
Robert J. Marks, P.
Randolph Finch Jr. and Rachel F. Tait
Valley Coast Construction, Inc. v.
City of El Cajon (Construction)
American Arbitration Association Case
No. 73 110 133 04 OLTR
2005: Six day arbitration regarding
public work of improvement resulting in judgment in favor of Firm's
contractor client on complaint against public agency
owner, including award of attorneys’ fees and costs pursuant
to Public Contract Code section 7107 and Code of Civil Procedure
section 1021.5, and determination of wrongful
withholding of retention.
Counsel:
Robert J. Marks and Chad T. Wishchuk
Oakwood Remodeling & Construction,
Inc. v. Symmetry Cabinet Company
(Construction Litigation)
American Arbitration Association Case
No. 73 110 E 00472 04 CHPA
2005: Two day arbitration regarding
private work of improvement resulting in judgment in favor of
Firm's contractor client on complaint, and zero recovery on cross-complaint
by subcontractor opponent.
Counsel:
Jeffrey B. Baird and Christina M.
Rimkus
Los Angeles Testing Engineers, Inc.
v. DMJM International (Business)
Orange County Superior Court Case No.
03CC1102/ JAMS Arbitration No. 1200035911
2005: Three day arbitration regarding
contract interpretation resulting in judgment in favor of
Firm's professional services client on complaint for $481,179.
Counsel:
Robert J. Marks
Earth Patterns v.
Garville, et al. (Construction)
Orange County Superior Court Case No.
03CC15063
2004: Two day arbitration regarding
private work of improvement resulting in judgment in favor of
Firm's contractor client on complaint and zero recovery on cross-complaint
by property owner opponent for over $250,000.
Counsel: P.
Randolph Finch Jr. and Christina M.
Rimkus
Nick Pecoraro Painting &
Decorating, Inc. v. PCL Construction Services, Inc., et al.
(Construction)
Los Angeles Superior Court, West
District, Case No. SC074509
2003: Seven day bench trial regarding
private work of improvement resulting in judgment in favor of
Firm's subcontractor client on complaint, and zero
recovery on cross-complaint by general contractor opponent.
Counsel:
Davide Golia, Jeffrey B. Baird and
Louis J. Blum
Straub Construction, Inc. v. R & J
Sheet Metal, Inc. (Construction)
American Arbitration Association No.
73 M 110 333 99 JF
2003: Six day arbitration
regarding federal work of improvement resulting in judgment in favor
of Firm's contractor client on complaint, and zero
recovery on cross-complaint by subcontractor opponent.
Counsel: Robert
J. Marks
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