News Briefs
Struck and MacManus Strategy Secures Summary Judgment for Apartment Complex Owner
May 11, 2023
Carlos MacManus serves as the firm’s dedicated law and motion attorney with a particular focus on complex general liability and business disputes. He also has extensive experience in handling all aspects of civil litigation, including depositions, trial preparation, case management and investigations, written discovery and motion practice.
Carlos has worked for a number of large insurance defense firms, litigating a wide range of cases in state and federal court, in all areas of general civil litigation from inception through the appellate level, with an emphasis on law and motion. During this time, Carlos prevailed on summary judgment motions and obtained favorable settlements and dismissals. More recently, while at a national defense firm, he chaired the law and motion department and prepared hundreds of briefs, successfully arguing each motion in court.
Carlos MacManus serves as the firm’s dedicated law and motion attorney with a particular focus on complex general liability and business disputes. He also has extensive experience in handling all aspects of civil litigation, including depositions, trial preparation, case management and investigations, written discovery and motion practice.
Carlos has worked for a number of large insurance defense firms, litigating a wide range of cases in state and federal court, in all areas of general civil litigation from inception through the appellate level, with an emphasis on law and motion. During this time, Carlos prevailed on summary judgment motions and obtained favorable settlements and dismissals. More recently, while at a national defense firm, he chaired the law and motion department and prepared hundreds of briefs, successfully arguing each motion in court.
Rosy Shrestha (Associate-Los Angeles), Victor M. Campos (Of Counsel-Los Angeles), and Carlos E. MacManus (Of Counsel-Los Angeles) secured summary judgment in the Superior Court of California, Los Angeles County, for Wilson Elser’s security guard company client. The plaintiff, a security guard employed by our client, was working at a dialysis center. His regular duties included opening the center for employees and customers. On the date of the subject incident, the plaintiff used a crowbar from his personal vehicle to open the sliding metallic gate. The gate fell on his leg, shattering his ankle and causing severe vascular damage. The plaintiff alleges vascular issues, which are creating ongoing exposure well in excess of seven figures, with the plaintiff’s last demand at mediation at $4,000,000. Rosy and Carlos crafted a meritorious argument establishing that our client was entitled to summary judgment because the undisputed facts established that the plaintiff was not performing any work for the security company when the accident occurred, as his attempted repair of the gate fell outside his duties and responsibilities as a security guard. The court agreed and granted Wilson Elser’s motion for summary judgment, a significant win in a jurisdiction where summary judgment victories are notoriously rare.
Rosy Shrestha, Victor M. Campos and Carlos E. MacManus
Gregory Lee (Partner-Los Angeles, CA) and Carlos MacManus (Of Counsel-Los Angeles, CA) successfully defended an international owner and operator of destination ski resorts against a lawsuit filed in Los Angeles County by plaintiffs involved in a ski accident at a well-known ski resort in Colorado. Although the client is based in Colorado, the plaintiffs argued that general and/or specific jurisdiction could be exercised over the client in California based on the client’s purported operation and control over ski resorts in California, as well as marketing and advertisements targeting California residents and harm caused in California. The judge ultimately agreed with Greg and Carlos that the client was not subject to general or specific jurisdiction in California and dismissed the client. In addition, because the plaintiffs had placed all of their eggs in California’s basket, the Colorado statute of limitations expired while they fought to maintain jurisdiction over the client in California.
Gregory K. Lee and Carlos E. MacManus
Dean Rocco (Partner-Los Angeles, CA), Carlos MacManus (Of Counsel-Los Angeles, CA) and Trevor Wong (Associate-Los Angeles, CA) defended a national property management company against claims it breached an agreement to compensate an agent for referring properties for management. The agent sued, claiming the company was required to continue managing properties, accepting referrals and paying her fees, and she sought damages based on alleged unpaid fees under the agreement. The team submitted a motion that parsed a complicated record of facts and asserted nuanced contract law arguments, and convinced the trier of fact the company was not precluded by contract from terminating existing property management agreements nor required to accept new referrals from the plaintiff.
Dean A. Rocco, Carlos E. MacManus and Trevor Wong