Cases of Interest

• Successfully negotiated resolution on behalf of a property owner in a complex defeasance, fraud, unlawful detainer action involving a commercial prune-packing facility.
  
• Perfected a prescriptive easement for a peach farmer, including access for the farm's heavy trucks and farm machinery, against the new owner of the burdened estate trying to close the road.
  
• Obtained Summary Judgment for retailer client based on lack of evidence to sustain finds of actual or constructive notice.
  
• Represented a maintenance contractor responsible for premises and building maintenance in a matter in which the Plaintiff tripped and fell down a staircase. The Plaintiff claimed over $250,000 in damages, including extensive hand injuries. Won a motion for summary judgment in favor of the client due to lack of notice and awarded costs against the Plaintiff.
  
• Successfully defended a large national retailer in a false imprisonment/premises liability matter. Plaintiff was suspected of shoplifting and was asked to return to the store to identify the missing merchandise. At the client's request the case was settled for nuisance value in lieu of trial.
  
• Won Summary Judgment for large property developer/property owner due to lack of actual/constructive notice of a puddle of rainwater plaintiff claimed caused slip and fall.
  
• Obtained summary judgment for owner of home at which a guest of tenants was seriously injured by an attendee of an unruly youth party who returned to the home wielding a baseball bat. The principal legal issues were whether the landlord, who was not present at the time of the injury, had any duty of care toward a guest of the tenants, and if so, whether the landlord's negligence could be considered a legal cause of the guest's injury. The superior court ruled that because it was not foreseeable that the party attendee, who returned to the home several hours after police had dispersed most of the party attendees, would enter the house and commit a felonious assault with a deadly weapon upon the guest, there could be no liability against the landlord.
  
• Defended one of the world's largest international retail chains in an action filed by a shopper who allegedly sustained severe shoulder and neck injuries when boxes filled with merchandise fell on her in a shopping aisle. The case was resolved with no cost to the client as a result of tender of defense to the vendor/supplier.
  
• Obtained dismissal of alleged slip and fall based upon established evidence that the claim was fraudulent.
  
• Obtained dismissal of action during trial after the mechanism and the nature/ extent of injuries were called into question.
  
• Court granted Summary Judgment in favor of national pet store chain client, finding that the pet store was not negligent nor strictly liable for plaintiff's injuries related to attack by customer's dog.