California Commercial Litigation and Business Counseling Law Firm
Specialized in Proposition 65

Baires, et al. v. Oscar Lehnus Foundry.   Represented foundry owner and foundry in separate toxic tort action brought by a family of seven who alleged property damage, soil contamination, storm water runoff and toxic tort personal injury from exposure to lead. Pre- trial settlement demands exceeded $2 million. The case went to a jury trial for five weeks in Alameda County (downtown Oakland). The jury dismissed the toxic tort and the environmental claims and awarded $40,000 to the plaintiff, the approximate amount of the property damage that was not disputed. The firm successfully recovered full defense costs and settlement from the clients' insurance company.

C.E. Wylie Construction Company v. The Tresize Company, et al.  Defended valve manufacturer relating to 30 million gallon reservoir product defect and construction defect allegations in San Diego Superior Court. After successfully defending strict product liability cause of action, settled case for fraction of plaintiff's demand.

Davis v. [confidential]. Defended one of the largest environmental engineering firms in the United States in a gender discrimination and unfair business practices action in San Mateo Superior Court.

Department of Fair Employment and Housing v. Landmark Protection, Inc. Defended security company in state court (Santa Clara County Superior Court) and the jury returned a defense verdict following less than one hour of deliberation. The government alleged religious discrimination against a member of the Sikh faith

Felix Espinoza v. A.W. Chesterton, et al.  Represented foundry supplier in complex asbestos litigation. Achieved dismissal one month prior to trial after extensive discovery.

Gabriel Lopez v. Gregg Industries, Inc.  Defended foundry against claims alleging unpermitted particulate releases that caused property damage at neighboring airport. Negotiated insurance coverage and favorable settlement.

People v. James Jones Foundry, et al.  Defended Fortune 50 company and its subsidiaries in California False Claims case and Unfair Business Practices actions in multi-forum litigation in the state of California. Alleged potential liability exceeded $1 billion. Claims included allegations of negligent and fraudulent pipe manufacturing practices by over 100 California water agencies. Represented company at government contracts responsibility hearing. Work with white-collar counsel while focusing on the alleged environmental contamination (lead) issues relating to the water works system.

People v. Rust Environmental.  Defended action brought by California Occupational Safety and Health Administration against environmental, construction engineering predecessor company to Fortune 50 subsidiary based on worker death. Achieved favorable settlement after two successful bench trials before the Administrative Law Judge. Successfully thwarted allegations by District Attorney for San Bernardino County for corporate manslaughter and negotiated favorable civil compromise settlement.

Power Systems Testing Co. v. Diversified Risk Insurance Brokers.  Filed lawsuit on behalf of electrical testing company against their insurance broker for breach of contract and fraud for failure to obtain insurance that would cover electrical testing. Achieved early favorable settlement.

Rhodes v. MBA Polymers, Inc., et al. Defended plastic recycler (Contra Costa County Superior Court) in seventeen toxic tort lawsuits filed on behalf of over 42,000 claimants in Richmond, California alleging "shelter in place" nuisance, trespass, and bodily injury caused by chemical and toxic release originating from facility fire and explosion. The firm successfully recovered full defense costs from the insurance carrier and settled case for less than policy limit. Lead plaintiffs' attorney was Lieff Cabraser. Involved in separate action brought by Occupational Safety and Health Administration due to worker death

Rosie Lee Evans, et al. v. Pacific Steel Casting Company, et al.  Defended foundry in negligence and nuisance action filed by 170 plaintiffs living near the facility. Achieved dismissal of several causes of action and dismissal of class action allegations. Case is still ongoing.

Roy Roberson v. [confidential], et al. Defended environmental firm, officers and former employees in discrimination case.

[Confidential] v. Pardee Homes.  Filed lawsuit on behalf of engineering company against construction company for breach of contract and fraud for failure to pay for work performed. Defended cross-complaint also for breach of contract and fraud. Achieved early favorable settlement.

United Agricultural Products v. Wilbur-Ellis Company, et al. Represented plaintiff, $3 billion public company, in federal court (N.D. Cal.) litigation to recover loss from stolen trade secrets against former employees and their new employer. Achieved favorable confidential settlement for client.

UTICS v. Rehberg, et al. Defended former President and Board of Director in securities lawsuit filed by investors of a Nevada corporation that manufactured remote meter reading devices. ( Los Angeles Superior Court) The firm successfully recovered full defense costs from D&O insurance carrier and settled case for nuisance value.

Western Packaging Sales, Inc. v. Tyco International (US) Inc., et al. , Defended large (Fortune 100) company and subsidiaries in breach of contract case and alleged violation of the Independent Wholesale Sales Representatives Contractual Relations Act of 1990. Contra Costa Superior Court. Achieved favorable confidential settlement for client.

West Coast Industrial Supply, et al. v. Earth Tech, Incorporated, et al.
Represented client (subsidiary of Fortune 50 company) involved in asset management and redistribution of decommissioned Naval shipyard in action involving breach of contract, personal injury and environmental contamination issues in United States Central District Federal Court.