Appellate
Rosenfeld v. Abraham Joshua Heschel Day School, Inc., 226 Cal.App.4th 886. The appellate court upheld a verdict in favor of the defendant private school against charges of age discrimination by a former teacher.
Cleveland v. Johnson, 209 Cal.App.4th 1315. Appellate court upheld $3.8 million jury verdict finding that successor liability can apply to the acquisition of an unincorporated line of business of another corporation.
Daniels v. Robbins, 182 Cal.App.4th 204. A malicious prosecution action brought by plaintiff against the attorneys who represented a litigant in an underlying defamation action against plaintiff. The Superior Court granted the defendant attorneys' motion to strike pursuant to California’s Anti-Strategic Lawsuit Against Public Participation (Anti-SLAPP) statute. Plaintiff appealed. The Court of Appeal upheld the decision upon the ground that plaintiff had shown insufficient evidence of malice.
Cleveland v. Internet Specialties West, Inc., 171 Cal.App.4th 24. Breach of contract and fraud action brought by investors against an internet service provider who had allegedly lulled the latter into believing that the company had folded when in fact the company, under a different name and guise, had become hugely successful. At the trial level, the defendant corporation obtained summary judgment on grounds of the statute of limitations. The appellate court reversed.
Kresich v. Stolpman, Krissman, Elber & Silver, LLP, 2009 WL 2231683. A professional negligence action brought by a former principal after the loss of her sexual harassment, gender discrimination, and retaliation claims against the San Bernardino County Superintendent of Schools. Defendant law firm obtained summary judgment for failure of plaintiff to show any triable issue of fact as to causation. The court of appeal affirmed.
Parsa v. Caplan, 2007 WL 2938464 1. Legal malpractice and fraud action brought by a former director of the Medimex Clinical Laboratory, who claimed to have lost more than a million dollars as a result of his attorney's allegedly negligent representation during a federal investigation into conditions at the laboratory. The trial court granted summary judgment in favor of the defendant on the ground that plaintiff could not prove that he would have achieved a more favorable result with competent counsel. The court of appeal affirmed.
Paller v. Garcia, 1005 WL 1492396. An action for unfair competition against a major insurer. resulted in a summary judgment in favor of the latter on the ground that plaintiff did not state a cause of action for unfair competition and did not timely assert his remaining claims for infliction of emotional distress. The court of appeal affirmed.
State-Level Victories
btained defense verdict in a negligence action against a physician and a pharmacy brought by a plaintiff who allegedly suffered “inner ear” nerve damage as a result of taking a 30-day course of the antibiotic, Gentamicin, via home intravenous infusions.
Obtained $3.8 million plaintiff’s verdict in a fraud action brought by investors against an internet service provider.
Obtained summary judgment for commercial landlord in a COVID-19-closure dispute involving allegations of force majeure, impossibility, impracticability, and frustration of purpose.
Obtained reversal of a DHCS decision to treat $2.2 million in donations to a medical group as rebates and to offset same against allowable Medicare cost reimbursements resulting in $15 million recovery for the client.