Firm Motto

"Sometimes, doing your best is not good enough.  Sometimes, you must do what is required."
-- Winston Churchill

Representative Cases

Wayne v. Byrens - On March 18, 2010, John A. Case, Jr. won a $1.5 Million jury verdict for the plaintiff in Santa Monica Superior Court. The jury found in favor of Mr. Case's client on claims for fraud and quantum meruit in a case involving the acquisition and development of investment properties in West Hollywood, California. This case is now on appeal.

Wayne v. Byrens - The California Court of Appeal granted a motion to dismiss the appeal of an order denying the opponent's special motion to strike under the "anti-SLAPP" statute, Code of Civil Procedure § 425.16, on the ground that the appeal was frivolous and solely intended to cause unnecessary delay. [unpublished order] The motion was granted before the trial court record was completed and before any briefs were filed.

Everest Investors 8 v. McNeil Partners (2007) - The California Court of Appeal affirmed (on all grounds except one minor issue) the trial court judgment entered in a case involving a general partner's breach of fiduciary duty to the limited partners in a merger transaction. [unpublished decision]

Everest Investors 8 v. McNeil Partners (2005) - $4.5 million judgment entered (including punitive damages of $2.5 million against the controlling individual) after a 3-1/2 week bench trial in a case involving general partner's breach of fiduciary duty to limited partners in a merger transaction.

Everest Investors 8 v. McNeil Partners, 114 Cal. App. 4th 411 (2003), review denied - The California Court of Appeal reversed summary judgment on the ground that limited partners' claims against a general partner were individual, not derivative, in nature.

Kenna v. United States District Court, 435 F.3d 1011 (9th Cir. 2006) - In the first federal appeal court decision under the U.S. Crime Victims' Rights Act, the 9th Circuit Court of Appeals reversed the district court's denial of a crime victim's right to speak at the sentencing of a perpetrator of a massive $95 million financial fraud.

Carpenter v. Protection One Alarm Monitoring, Inc. - The California Court of Appeal issued a writ of mandate vacating an order compelling arbitration in a dispute between a senior executive and her employer. [unpublished decision] [Case settled.]

Edgington Oil Co. v. Manhole Adjusting Inc. - The California Court of Appeal affirmed an order denying arbitration despite express language in a series of purchase orders. [unpublished decision] [Case settled.]

Daley v. CK Construction - The California Court of Appeal affirmed an order denying the opponent's special motion to strike under the "anti-SLAPP" statute, Code of Civil Procedure § 425.16. [unpublished decision] This case involved a dispute between a contractor and a homeowner over the remodel of a luxury home. After numerous depositions, three motions for summary adjudication, seven motions to compel, two motions to quash, and full appeal of the special motion to strike, this case finally settled on the eve of trial.

[case name withheld] - Successfully settled a dispute involving simultaneous litigation and arbitration, arising out of a series of import-export transactions to and from Ukraine. Mr. Case represented Ukrainian parties who were native Russian speakers.

[case name withheld] - Successfully defended a company in a cease and desist proceeding brought by the California Department of Corporations, which alleged that the company was selling unregistered franchises in the State of California.

[case name withheld] - Successfully represented an individual in removing online defamatory statements posted by a third party on a Google-owned website, even though federal law immunizes website operators from liability for third party defamation.

In re: Alter - Representing the owner of a surgery center in multiple proceedings in U.S. Bankruptcy Court and Los Angeles Superior Court, arising out of a dispute between the owner and a former manager of the center.

In re: eUniverse, Inc. - Successful defense of corporate financial officer in cases alleging securities fraud and misrepresentation in audited financial statements in public SEC filings. Victories included the approval by the U.S. District Court of the eUniverse class action settlement, and dismissals with prejudice by the U.S. District Court and the California Superior Court of various shareholder derivative lawsuits allegedly brought on eUniverse's behalf.

ASAP Show, Inc. v. Storch - Obtained a settlement protecting the rights of individuals to compete against a former employer, in the business of introducing foreign manufacturers of apparel and other goods to U.S. and European buyers through trade shows and buying trips.

Castle & Cooke Madera, Inc. v. Mackenzie Patterson Fuller, Inc. - Represented limited partners in an effort to collect the proceeds of a going-private transaction, against a group of companies in the business of making unregistered tender offers for limited partnership interests and inducing limited partners to sign away their rights in illiquid, but valuable, investments. This case involved both U.S. District Court proceedings and an arbitration before a retired judge.