Defense Cases

A few of our notable recent results for our DEFENSE CLIENTS are as follows:

Unanimous Defense Jury Verdict

In favor of publicly traded company Impac Mortgage Holdings, Inc. (NYSE: IMH), and its Chief Executive Officer and President against a $5.7 million claim of fraud, intentional interference of prospective economic advantage, breach of contract and wrongful termination. Mallory Hill v. Impac Mortgage Holdings, Inc., et al., Orange County Superior Court (2016).

Wrongful Termination and Breach of Contract

Unanimous Defense Jury Verdict

In favor of an environmental consulting company against a former commercial client’s claims of negligence and breach of contract. Nguyen v. Charles Kennedy Construction & Maintenance, Inc., et al. (Read about this case)

Environmental Negligence

Unanimous Defense Jury Verdict

In favor of oil and gas business Atlantic Richfield Company (“ARCO”) against personal injury claims of a customer doused with gasoline. Gomez v. Atlantic Richfield Company, et al., Los Angeles County Superior Court Case Number PC 031380. (Read about this case)

Negligence

Defense Jury Verdict

In favor of a steel subcontractor against a $2.4 million spinal injury claim brought by an employee of another subcontractor. Lucas v. SME Industries, Inc., et al..

Negligence

Defense Bench Trial Judgment

In favor of an attorney accused of legal malpractice and breach of fiduciary duty. Yoo v. Meshkinzad, et al., United States Bankruptcy Court, Central District, Case Number 09-36647 (2010).

Professional Negligence

Defense Judgment on Motion to Dismiss

In favor of Sony Pictures Entertainment against a former employee alleging wrongful termination. Dismissal was affirmed by the Ninth Circuit Court of Appeal and certiorari was denied by the United States Supreme Court (2013).

Wrongful Termination

Federal Nationwide Class Action Motion for Certification Denied

In an alleged $1.85 billion consumer Federal class action matter alleging false advertising, unfair business practices and product liability. Wilson v. Conair Corporation, United States District Court, Eastern District of California, Case Number 14-894 (2016)

False Advertising and Unfair Business Practices

Settlement for Waiver of Costs and Claims

Allegations of secured $18 million debt precured by fraud settled for no money.

Fraud

Defense Judgment on Motion to Dismiss

In favor of our client, Job Options, Inc. in an action brought by a conglomerate who alleged there were improprieties in bids submitted for government service contracts against numerous defendants. Dismissal was affirmed by the Ninth Circuit Court of Appeal and certiorari was denied by the United States Supreme Court. Bona Fide Conglomerate, Inc. v. SourceAmerica, et al., United States District Court for the Southern District of California (2017).

Fraud and Breach of Contract

Class Action Reversal of Certification Order

On the eve of trial, an alleged multi-million dollar wage and hour federal class action was decertified. Reynoso v. RBC Transport Dynamics, United States District Court, Central District of California, Case Number 16-1037 (2018).

Wage & Hour

Defense Summary Judgment

In favor of an employer against claims of disability and age discrimination. Pineda v. Modern Interiors, Los Angeles County Superior Court, case number BC660651 (2020).

Disability Discrimination

Defense Summary Judgment

In favor of a publicly traded company against an employee’s claims of discrimination, retaliation and wrongful termination. Rafael Perez v. Industrial Tectonics Bearings Corporation, Los Angeles County Superior Court Case Number BC563155 (2016).

Discrimination and Retaliation

Defense Summary Judgment

In favor of a professional business against a competitor who was alleging Federal Copyright Infringement, False Advertising and Unfair Competition. Ryoo Dental v. Han, United States District Court, Central District of California, Case Number 15-308 (2016)

Copyright Infringement

Defense Summary Judgment - Class Action

In favor of an entertainment production company in a wage and hour class action. Mattei, et al. v. Corporate Management Solutions, Los Angeles County Superior Court, case number BC650798 (2018).

Wage & Hour

Defense Summary Judgment

In favor of a national construction tool manufacturer against a user claiming personal injuries arising from a product defect. Brown v. Rexon Industrial Corp., et al., Los Angeles County Superior Court case number MC023242 (2013).

Product Defect

Defense Summary Judgment

In favor of a California structural steel fabrication company in defense of a claim alleging negligent maintenance of an industrial workover rig resulting in catastrophic injuries to the rig operator when road brakes on the rig failed. Affirmed by the California Court of Appeal (2013).

Negligent Maintenance

Defense Summary Judgment

In favor of publicly traded REIT against a prospective tenant’s claim of disability discrimination and retaliation brought under the Fair Employment and Housing Act. Gabriel & Luminita Roman v. Essex Property Trust, Inc., et al., Los Angeles County Superior Court case number BC534948 (2017).

Disability Discrimination and Retaliation

Defense Summary Judgment - Class Action

In a wage and hour class action claim brought by TV commercial production crew members. Geno Imbriale v. Power Payroll, Inc., et al., Los Angeles County Superior Court case number BC384434 (2010), affirmed on appeal by the California Court of Appeals (2011).

Wage & Hour

Defense Summary Judgment - Class Action

In a California certified wage and hour class action claim brought by off-duty police officers asserting they were not properly paid for their work on TV commercial productions. John Futrell v. Payday California, Inc., et al., Los Angeles County Superior Court case number BC347262 (2009), affirmed in a published decision by the California Court of Appeals (2010).

Wage & Hour

Defense Summary Judgment

In favor of a national consumer products distributor against an employee’s claims of discrimination and harassment under the Fair Employment and Housing Act. Silvia Avila v. Conair Corp., Los Angeles County Superior Court Case Number BC454985 (2012).

Discrimination and Harassment

Defense Summary Judgment - Class Action

In a Federal wage and hour class action claim brought by TV commercial production crew members. Amanda Serino, et al., v. Payday California, Inc., et al., United States District Court case number CV07-5029 (2008), affirmed on appeal by the Ninth Circuit (2010).

Wage & Hour

Defense Summary Judgment

Obtained on behalf of a security gate manufacturer, whose product allegedly closed on a passing vehicle, causing the driver’s crush injuries.

Product Liability

Defense Summary Judgment

In favor of a Philadelphia based manufacturer of industrial trash compactors against a claim by a plaintiff who suffered permenant and serious brain injury damage when a trash compactor door unexpectedly fell from its hinges and struck plaintiff in the head. Anita Rivera v. Westfield, LLC, et al., Los Angeles County Superior Court case number KC053550 (2010).

Product Liability

Defense Summary Judgment

After demurrer sustained without leave to amend on elder abuse and fraud claims brought against an actress and her weight loss company. Flaherty v. Kirstie Alley, et al., Los Angeles County Superior Court case number PC056667.

Elder Abuse and Fraud

Defense Summary Judgment - Class Action

In a Federally-certified wage and hour class action brought by TV production crew members. Joseph Dianda v. PDEI, Inc., et al., United States District Court case number CV08-1220 (2008), affirmed on appeal by the Ninth Circuit (2010).

Wage & Hour

Defense Summary Judgment

On all negligence, wrongful death and personal injury claims on behalf of a security company brought by customers of a liquor store, one of whom was killed and another who was rendered paraplegic in a shooting on the property. (The plaintiffs recovered $2.4 million against other defendants).

Wrongful Death

Note: The above cases are actual recent results obtained by Rosen“RosenSaba, LLP. Although our trial and litigation experience is extensive, not all of the results we obtain for our clients are published in the news. These examples are not to be construed as a guarantee of results.

This is not legal advice. Each case result depends upon the particular facts and circumstances as they relate to the relevant law.