Call Now 949-459-2111 ADINA T. STERN │a professional law corporation personal attention proven results A Full Service Civil Law Firm with an Emphasis on Real Estate, Business, Commercial and Equine Law More frequently than not, cases settle prior to trial. Often these settlements are subject to confidentiality provisions and therefore, we cannot report those extremely favorable results. The following are a few recent cases which were either matters of public record or were settled prior to the filing of an action and not subject to confidentiality provisions. 2010 Roman James v. Kimberlee Drake, San Bernardino Superior Court Case No. CIVSS810305. The plaintiff in this action claimed an interest in our client's real and personal property including her ranch and several show horses. After we were able to win a series of demurrers on behalf of our client, Mr. James dismissed his case. Our client, Ms. Drake, obtained a cost judgment. Jeffrey Parkhurst v. Capistrano Animal Rescue Effort, Orange County Superior Court Case No. 30-2008-00115040 (2008). Even though Mr. Parkhurst's wife, Katherine Hammersly, lost her case against our client, CARE, a non-profit organization, her husband attempted to sue the charity for malicious prosecution and unfair competition. The malicious prosecution cause of action was stricken after our first demurrer and the entire case was dismissed when the summary judgment motion filed by us on CARE's behalf was granted. Mr. Parkhurst appealed the judgment and lost on appeal as well. Confidential Legal Malpractice Action. Two individuals entered into a transaction with one another. To maintain confidentiality we will refer to them as Mr. Smith and Mr. Jones. Mr. Jones was represented by an attorney and Mr. Smith was not. Later, when Mr. Jones breached the agreement and filed for bankruptcy, Mr. Smith tried to sue Mr. Jones' attorney, our client, claiming he thought the attorney was representing both sides of the transaction. We represented the attorney wrongfully accused of legal malpractice. After we won the first phase of trial, this case immediately settled. 2009 Dennis Harris and Joena Harris v. Wickstrom Structural Engineering, Inc., Riverside Superior Court Case No. RIC 495298 (2009). Our client was owed money for engineering work performed. In order to avoid paying their bill, Plaintiffs sued our client. After preparing both a motion for sanctions and a demurrer, and before these motions were even heard, the case was dismissed by the Plaintiffs and our client obtained a cost judgment on March 26, 2009. Katherine Hammersly v. Capistrano Animal Rescue Effort, Orange County Superior Court Case No. 06CC09192 (2006). Our client, CARE, a non-profit organization, was sued by a former board member. CARE cross-complained against plaintiff for professional negligence and a number of other torts. We brought a successful motion for summary judgment on our client's behalf which resulted in the dismissal of Ms. Hammersly’s action in early 2008. CARE’s cross-complaint was settled however the terms of that settlement are confidential. The summary judgment was affirmed by the Court of Appeal on July 21, 2009.
2008 Confidential Business Fraud Claim (2008). We represented an individual who purchased a restaurant business in a shopping center. The seller of the business failed to disclose that a competing business was moving into the same shopping center. The sales contract called for mediation prior to litigation. During mediation we negotiated a $75,000.00 settlement for our client and litigation was avoided.
Holland v. Hicks, Orange County Superior Court Case No. 07CC08896 (2008). The Plaintiffs in this case contended that our client=s back yard skateboard ramp constituted a nuisance. Plaintiffs dismissed their action and our client obtained a cost judgment. |