Business and Real Property Litigation
Walsworth’s business litigation team includes lawyers who have been resolving disputes for clients for over 30 years. We have substantial experience in dispute resolution – through mediation and direct negotiations – and through litigation, including jury and non-jury trials in both state and federal courts, arbitrations, administrative hearings, orders of general reference and the appellate process.
Our experience covers a broad spectrum of areas, including commercial disputes, unfair competition allegations, consumer remedies claims, breach of contract, employment issues, statutory claims, real estate and land use matters, construction cases and regulatory agency proceedings. We also have experience in representing auto manufacturers in finance and warranty claims under state and federal law (i.e., Song-Beverly Consumer Warranty Act, Magnuson-Moss Warranty Act). Our corporate litigation experience also includes director and officer liability, shareholder disputes and breach of fiduciary duty claims.
Our business litigation team is available to assist with your business dispute, review the options, including the potential risks and benefits of each, and develop a comprehensive plan to effectively and realistically resolve your matter.
We handle a large range of matters, including:
- Commercial Contracts
- Consumer Warranty Litigation
- Directors and Officers Liability
- Partnership Disputes
- Financial Institution Litigation
- Intellectual Property Litigation
- Breach of Fiduciary Duty Claims
- Unfair Competition Disputes
Real Property Litigation
- Eminent Domain and Inverse Condemnation
- Litigation Regarding Purchase or Sale of Real Estate
- Title, Easement and Lien Disputes
- Board of Association of Realtors Ethics Committee Claims
- California Bureau of Real Estate Investigations
- Johnson v. Scheuneman – Successfully defended a partnership dispute in a complaint where the plaintiff sought dissolution, winding up and accounting as well as a substantial personal judgment. We successfully prosecuted and obtained judgment in a cross-complaint brought against plaintiff and had the plaintiff sentenced to 15 days in jail for contempt of court as the result of the handling of partnership assets in violation of a preliminary injunction.
- Cardinal Collection Educational Foundation v. Museum of Global Antiquities – Represented plaintiffs in a case where the defendants induced them to loan $4.8 million, and to then invest an additional $2.225 million, in classic violins. At trial, we convinced the jury the investment scheme was a ruse and the main violin at issue never existed. The jury awarded our clients $27 million in damages against the defendants, the Museum of Global Antiquities and its president.
- Cardinalli v. Monterey Checker Transportation, Inc. – Successfully secured a defense verdict for a taxi company and corporate directors in a business dissolution, employment and breach of fiduciary duty jury trial. The defense verdict was subsequently appealed by the plaintiff. The verdict was upheld on appeal in the Sixth Appellate District with the California Supreme Court and United States Supreme Court denying review.
- Corry v. McDevco – Obtained a defense verdict by jury for an electrical contractor in a breach of contract claim.
- Represented a local Orange County real estate agent and broker who was sued for improper disclosures of home improvements. Insurance did not protect against meritless claims of fraud. Taking advantage of a poorly drafted pleading and applying the proper statutory authority for realtors disclosures, a prolonged and costly discovery period and trial was avoided. Through a demurrer along with a request for judicial notice, the broker and realtor was able to escape a meritless lawsuit filed by a homeowner with significant buyer’s remorse.
- Kummel v. Old World – Secured a defense verdict in a business tort-contract dispute involving approximately $15 million in assets after a one-month trial.
- Golden Rain Foundation v. Woolslair – Obtained a defense verdict and award of costs on behalf of elderly individual defendant and her son in an attempted eviction by retirement community owners.
- Doe v. Various Defendants – Obtained a grant of new trial on all causes of action after a jury awarded damages roughly halfway between demand and offer in an alleged breach of contract, fraud and business tort case. The case subsequently settled for an amount substantially less than the verdict.
- Adams v. Financial Institution – Defended a financial institution in a case alleging fraud in the sale of REO property. Case was favorably resolved after six days of trial.
- Jasik v. Financial Institution – Obtained a defense verdict in favor of financial institution and chairman individually in an action alleging lender liability and fraud arising out of sale of plaintiff borrower’s business.
- Breecher v. Financial Institution – Obtained a defense verdict on behalf of a financial institution in an action brought on a claim of forged endorsements.
- Represented a top supplier of end-to-end solar energy solutions on lease enforcement issues.
- Represented a top supplier of end-to-end solar energy solutions in commercial disputes.