Significant Trials, Arbitrations, and Appeals
Cultured Gourmet LLC and Karen W. Diggs v. Eric A. Klein
(San Francisco Superior Court & California Court of Appeal)
After bench trial, client awarded control of partnership and damages for claims including breach of contract, breach of fiduciary duty and fraud. Firm also represented client in successful appeal.
The Beckerman Group, Inc. v. Venza
(San Francisco Superior Court)
Client awarded 100% of attorneys' fees incurred in obtaining dismissal of claims for misappropriating trade secrets. Court found dismissed claims to be specious and brought in bad faith.
Nelson & Associates v. Nelson
(AAA Arbitration, Los Angeles, Calif.)
Arbitration on claims to uphold shareholders agreement and stock-bonus grant and in defense of claims for fraud and wrongful-termination; clients were principals of a southern California manufacturer’s representative.
Lozano-Gurley, Inc. v. Northfield Insurance Co.
(Santa Clara Superior Court)
Trial on claims against insurance broker for professional negligence settled successfully after jury was empanelled.
Grewal v. Choudhury
(U.S. Dist. Court, N.D. Calif. (San Francisco))
Jury verdict for $1.4 million on all counts, including fraud, in favor of client who had loaned money to software developer; in second phase of trial, jury awarded client $500,000 in punitive damages.
French Sole Shoes, Ltd. & FS/NY Shoes, Ltd. v. French Sole Ltd.
(U.S. Dist. Court, C.D. Calif. (Los Angeles))
After evidentiary hearing, federal court in Los Angeles held UK company in contempt of court for violating an injunction prohibiting use of client’s trademark in advertising and on the internet.
McDonald v. Alien Technologies, Inc.
(AAA Arbitration, San Francisco, Calif.)
Award on behalf of client suing for severance pay and stock grant on grounds that company constructively terminated his employment by materially reducing his duties and authority.
Doar v. Chiao Smith & Associates.
(Marin Superior Court)
Motion for mistrial granted after jury was selected; clients were investors in Global Money Management, a fraudulent hedge-fund; case settled after the mistrial.
Brox v. Peneder
(Napa Superior Court)
Client awarded judgment, including money damages, in bench trial in Napa, California; dispute involved real property in St. Helena and the dissolution of a business partnership that operated a Napa Valley inn.
Metabyte, Inc. v. Canal+Technologies, Inc.
(U.S. Dist. Court, N.D. Calif. (San Jose))
Jury trial in federal court in San Jose, California on behalf of high-tech client; case involved claims for breach of “put-option” contract that client received after sale of stock to European multi-national.
Scott Co. of California v. The Redevelopment Agency of the City of San Jose
(Santa Clara Superior Court)
Judgment in bench trial for two large insurance companies who had issued surety bonds for the construction of the San Jose Convention Center.
Levin v. Meagher
(California Court of Appeal)
Decision addresses grounds for injunction against presentation of documents for payment on a letter of credit under California Uniform Commercial Code §5109.
Chapel of the Chimes Napa Valley v. MTO Shahmaghsoudi
(Supreme Court of California and California Court of Appeal)
Successfully opposed petitions in California Court of Appeal and Supreme Court to review order to disinter body of His Holiness Hazrat Shah Maghsoudi.
APJ Associates, Inc. v. North American Philips Corporation
317 F.3d 610
(Sixth Circuit Court of Appeals, Cincinnati, Ohio)
Obtained summary judgment for semi-conductor firm in federal court in Detroit, Michigan in sales-agent termination case; affirmed by the Sixth Circuit Court of Appeals.
Oracle Corp. v. Falotti
319 F.3d 1106
(Ninth Circuit Court of Appeals)
Co-counsel for former senior Oracle executive suing to recover the value of employee stock-options valued in excess of $80 million.
Scott Co. of California v. United States Fidelity & Guaranty Insurance Co.
107 Cal.App.4th 197
(California Court of Appeal)
Decision addresses whether a surety’s liability on a public-works bond exceeds that of its principal.
Hamilton & Cleghorn Bar Enterprises v. Brennan & Garlock
(AAA Arbitration, San Francisco, Calif.; California Court of Appeal)
Award on behalf of clients suing to recover interests in real-estate limited partnerships; case was appealed to the California Court of Appeal.
The Atchison, Topeka & Santa Fe Railway Co. v. Hercules Inc.
146 F.3d 1071
(Ninth Circuit Court of Appeals)
Achieved reversal in the Ninth Circuit Court of Appeals of district court order dismissing client’s claims for violating scheduling orders in a related case; decision, which construed Rule 16 of the Federal Rules of Civil Procedure, was case of first impression.
The Atchison, Topeka and Santa Fe Railway Co. v. Brown & Bryant, Inc.
159 F.3d 358
(Ninth Circuit Court of Appeals)
Decision by the Ninth Circuit Court of Appeals on the scope of a successor-company’s liability for clean-up obligations under the Superfund statute.
Gerber Radio Supply Co., Inc. v. Philips Semiconductors, Inc.
(U.S. Dist. Ct., E.D. Mass. (Boston))
Jury verdict for client in federal court in Boston, Massachusetts in sales-agent termination case involving contract and antitrust claims.
Liebert Corp. v. North American Philips Corporation
(No. 66 17 32, Orange County Superior Court)
Advisory jury verdict in product-liability case, leading to settlement for client-defendant, a multi-national company operating a capacitor factory in Columbia, South Carolina.
American Security Bank, N.A. v. Bank of America NT & SA
(U.S. Dist. Ct., N.D. Calif. (San Francisco))
Jury trial in federal court in San Francisco in mortgage-banking case.
Bandai Co. Ltd. v. Pacific American Corp. v. Bandai Co.
(U.S. Dist. Ct., C .D. California (Los Angeles))
$26.7 million jury verdict in federal court in Los Angeles for client suing on contract with a Japanese entertainment company.
Bresson Associates, Inc. v. North Amercan Philips Corporation
(U.S. Dist. Ct., E.D. Pennsylvania (Philadelphia))
Judgment for client after bench trial in sales-agent termination case.
I2, Inc. v. Mepco/Electra, Inc.
(Ninth Circuit Court of Appeals)
Affirming summary judgment in sales-agent termination case.
BANCHERO LAW FIRM ▪ 4 EMBARCADERO CENTER ▪ SUITE 1400 ▪ SAN FRANCISCO ▪ CALIFORNIA ▪ 94111 ▪ 415-398-7000
