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Contract/UCC - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Banking, Bankruptcy, Consumer Credit
  • USDC: Eastern District of California
  • Defendant Bank
  • The plaintiff was a collection agency, which contracted with a credit card issuer (our client) to pursue accountholders who had abused the bankruptcy process. The plaintiff sought over $500,000 in unpaid fees.

  • Our firm obtained summary judgment dismissing the complaint.

  • Letter of Credit
  • U.S. District Court, Central District of California; U.S. Court of Appeals Ninth Circuit
  • Bank
  • The plaintiff beneficiary of letters of credit issued by JP Morgan Chase sued for alleged wrongful dishonor of  $1.5 million in draws on the letters of credit as well as for fraud.
     

  • We obtained summary judgment dismissing the case in the trial court, which was affirmed by the Ninth Circuit on appeal.
     

  • Fair Credit Reporting Act; Identity Theft; Credit Card
  • U.S. District Court, Central District of California; U.S. Court of Appeals Ninth Circuit
  • Bank
  • The plaintiff sued a credit card issuer, claiming that it wrongfully reported non-payment of unauthorized charges on a credit card account and sought to collect debt that arose from identity theft.

  • The case was won on summary judgment in trial court, and affirmed on appeal by the Ninth Circuit.

  • Contract Negotiation
  • Trust & Investment Company in China
  • Negotiated with a renowned American golf designer for an international contract to construct a world class golf course in China. The project involved 660 acres of land and plans for a 36 hole golf course and 770 resort villas. The contract terms developed stipulated arbitration in Hong Kong, and was governed by California law.

     

  • Successfully executed an international contract (U.S-China) for construction of a golf course facility in China.
     

  • Merger, Acquisition, Due Diligence
  • High Tech Company in Silicon Valley
  • Represented a display technology company in merging with a publicly listed company. Structured a transaction as a stock exchange with common shares, preferred shares, options, key executive employment agreement, etc. 
     

  • Successful merger and acquisition of client company.

  • Structuring; Negotiation; Drafting of Contract
  • US Health Food Company
  • Successfully structured and negotiated on behalf of a US company for a 15 year contract on the sale and purchase of herbal and health food products from China.
     

  • Successfully executed the contract term in favor of our client.
     

  • Fair Credit Reporting Act; Identity Theft; Credit Cards
  • U.S. District Court, Northern District of California
  • Bank
  • A consumer claimed that a credit card issuer was negligent in issuing credit cards to an identity thief and reported the status of the credit card accounts inaccurately. The case involved six defendants and approximately fifteen depositions.
     

  • Our firm obtained summary judgment dismissing the case.

  • Breach of Contract; Conversion
  • Los Angeles Superior Court
  • Individual Defendant
  • Tim M. Agajanian
  • Represented an individual in a breach of contract and conversion action in a dispute over an agreement to purchase and exchange vintage French wine.

  • The matter was amicably resolved on terms favorable to our client

  • Secured Lending, Usury, Promissory Note, Security Agreement, U.C.C., Malpractice
  • County of San Francisco Superior Court
  • Defendant private lender
  • John G. Dooling
  • Represented limited partnership, managing general partner (a limited liability company), and the managing member of the limited liability company in action by plaintiff lender to recover on a promissory note.  Tried defendants’ rescission defense to the court and prevailed, resulting in no personal liability for the managing member and plaintiff abandoning his claims against the other defendants through settlement.  Plaintiff lender had also been the defendants' attorney in several prior lawsuits.

  • A defense verdict on our affirmative defense for rescission of the promissory note and security agreement, resulting in a settlement in which plaintiff abandoned his remaining claims.

  • Class Action
  • Alameda County Superior Court, Northern Division Unlimited Jurisdiction
  • Defendant Bank
  • Our client had retained a telemarketing firm, which represented that it had received legal advice that it could disseminate pre-recorded messages by telephone. A class action was filed on behalf of all recipients of such messages, which were alleged to be actionable under both state and federal law.

  • After obtaining disqualification of plaintiff's counsel, our firm was able to negotiate a reasonable settlement.

  • Breach; contract; tax preparation; franchise; excessive royalties; financial services
  • Los Angeles Superior Court
  • Defendant Tax Preparation Services Franchisor
  • Tim M. Agajanian
  • Defended franchisor  in which the plaintiff, it's franchisee, alleged that the defendant withheld excessive royalties and transaction fees, charged excessive advertising fees, and improperly routed calls to other franchisees, violating the protected area covenant. 

  • Obtained judgment in favor of the defendant in all causes of action, including failure to pay royalty fees, alleged in the plaintiff's complaint. The court found in favor of Defendant  and Cross-Complainant on its cross-complaint for breach of contract against plaintiff, who will pay the defendant the sum $867,684. The Judgment in favor of Defendant and Cross-Complainant included a finding that Defendant and Cross-complainant was the prevailing party. 

  • Personal Injury; Construction
  • Santa Clara County Superior Court; Unlimited Jurisdiction
  • Defendant Manufacturer
  • John A. Koeppel
  • Defended a manufacturer in a case involving a permanent brain injury to a 40-year old chemical engineer who was working on site, at our client's plant, to install a new food processing line. The plaintiff fell approximately 10 feet to a concrete floor, striking his head. The plaintiffs included the victim, his employer and the employer's workers compensation carrier. The plaintiff also sued the steel fabricator responsible for the construction of the platform.  To prepare for the trial, safety, economic and medical experts were retained. In addition, a mediator began to meet with the defendants at regular intervals to monitor the process of discovery, analyze prospective settlement negotiations and ensure the proper scheduling of a trial.

  • Our client paid 20% of a multi-million settlement.

  • UCC; checks; forged or missing indorsements
  • Superior Court of the State of California, Alameda County
  • Bank
  • Our client, a bank, was sued by its customer for charging more than $300,000 in checks to the customer's account.  The customer alleged that the checks were lacking all necessary indorsements.  We brought a cross-complaint for indemnification against the bank that presented the same checks for payment to our client.  The cross-complaint was based on the provisions in Articles 3 & 4 of the UCC that provide that a bank that presents checks for payment and obtains payment warrants that the checks contain all necessary indorsements.

  • We obtained a summary judgment declaring that the bank that presented the checks for payment had a duty to defend, indemnify and hold our client harmless.

  • dispute over development of customized software
  • Wisconsin
  • Defendant software developer
  • Nicole S. Healy, Todd A. Roberts
  • The parties entered into two contracts for the implementation of human resources software.  The plaintiff was very satisfied with the first  project which required little customization.  The second agreement involved a highly customized software program that required complex design, development, and integration.  The plaintiff was dissatisfied and sued for, among other things, breach of contract and misrepresentation.    

  • The case settled at mediation.