Esposito/Trujillo vs. Computer Sciences Corporation (Los Angeles Superior Court, Judge Jane Johnson, 2005) Represented defendant corporation in action for wrongful discharge, retaliation, and breach of implied contract. Awarded summary judgment on all causes of action. Court of Appeal reversed for trial on breach of implied contract only, but sustained summary judgment on causes of action with punitive damages and attorneys fees. Following jury trial and verdicts for plaintiffs, trial court granted judgment notwithstanding the verdict and granted a new trial. Case then settled with plaintiffs recovering nothing against client.
Amerimax vs. ACE USA and CIGNA Corporation (San Diego Superior Court, Judge William Nevitt, 2004) Represented all defendants in $20 million dollar plus action based upon breach of contract, fraud, breach of fiduciary duty, and accounting theories in connection with sale of plaintiff’s business to defendants/clients. Client CIGNA Corporation successfully moved to quash based on lack of personal jurisdiction. All tort claims but one against ACE clients dismissed prior to trial and last remaining tort claim dismissed at close of plaintiff’s case. Plaintiff received a jury verditct of approximately $1 million in damages on the remaining breach of contract claim and case settled prior to appeal.
George Johnson vs. Computer Sciences Corporation (San Bernardino Superior Court, Judge Clarence Westra) Represented defendant.
Wrongful discharge/whistleblower claim brought by plaintiff, who was the employee of the year at defendant’s Edwards Air Force base facility.
Jury found defendant not liable.
Mercedes-Benz v. Hartford Accident & Indemnity (US District Court Central District, Judge A. Wallace Tashima, 1989) Represented defendant in a bad faith case brought by Mercedes-Benz based on a fidelity insurance claim. Counterclaim against Mercedes-Benz for “reverse” bad faith. After an 8 week trial, jury awarded Mercedes-Benz $100,000 on its breach of contract claim and awarded Hartford $5000 in compensatory damages on its bad faith counterclaim and $4,500,000 in punitive damages on its reverse bad faith claim. Ninth Circuit reversed and case settled thereafter.
Diane Leale et al v. Dr. Richard Macklin (US District Court Central District, Judge Terry Hatter Jr. 1985) Wrongful death/medical malpractice claim brought by clients, daughters of woman who suffered from malignant hyperthermia as a result of a fall at Yosemite. Default judgment obtained against anesthesiologist. Remaining defendants (surgeon, assistant surgeon, and hospital) proceeded to trial. Jury verdict for plaintiffs/clients. Trial court granted new trial motion and case settled thereafter.
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