Bert Struck

Bert Struck (Of Counsel-Los Angeles) and Carlos MacManus (Of Counsel-Los Angeles) had a motion for summary judgment granted in Los Angeles County Superior Court for Wilson Elser's client, an apartment complex owner. The plaintiffs lived in one of our client's apartments and were evicted for failing to pay rent, their withholding payment based upon the assertion that living conditions were sub-par. After being evicted, they filed a lawsuit alleging a wide range of causes of action, including but not limited to breach of contract, negligent infliction of emotional distress, negligence, malicious prosecution and habitability claims, and they sought punitive damages. The plaintiffs conducted a great deal of discovery and depositions, but Bert and Carlos refrained from doing so to limit the record of evidence for a motion for summary judgment or, in the alternative, a motion for summary adjudication that Wilson Elser intended to file six months in advance. While the motion preparation was arduous, and the plaintiffs filed a lengthy opposition (with a last demand of $7,000,000), Bert and Carlos's strategy worked. After oral argument, the court's 14-page tentative ruling was made the Order of the Court, with Wilson Elser's motion for summary judgment granted in its entirety.