Walsh & Walsh, P.C.
420 Exchange, Suite 270
Irvine, California 92602-1316
Telephone (714) 544-6609
Fax (714) 544-6621 firstname.lastname@example.org
California SBN 155401, 201550
WALSH & WALSH, P.C.
WALSH & WALSH WINS DOMESTIC VIOLENCE RESTRAINING ORDER TRIAL
Our client was accused of domestic violence when she struck her former spouse at a high school reunion. When we became involved, the former spouse had already obtained a temporary restraining order and the court had issued an order to show cause why a long term restraining order should not be issued. At trial, we impeached the petitioner and his primary witness, proved that the petitioner was the first person to have committed a harmful or offensive touching, and that our client struck him only once, and only with sufficient force to put an end to her former husband's unlawful conduct. There was no threat of future violence unless necessary for her self-defense. The court exonerated our client, dissolved the TRO and fully restored her rights.
WALSH & WALSH SETTLES CONSTRUCTION DEFECT CASE FOR COST WAIVER
Our client was sued in Hawaii on a multi-party construction defect case arising out of a large commercial building project. We arranged for our client to have local counsel, allowing us to avoid costly travel expenses to Hawaii. Before making our first trip to the islands, we were able to persuade the defendants that the alleged defects in our client's scope of work were not the proximate cause of the damage to their building, and we negotiated a full dismissal with neither side making any payments to the other.
WALSH & WALSH OBTAINS FULL RECOVERY IN $387,000 BOND CASE
Our client was owed $387,611 for materials furnished to a public work of improvement where the general contractor was insolvent. Rather than risk getting a payment that would have been a potential preference, exposing our client to risk in the inevitable bankruptcy, we filed suit against the payment bond surety and moved aggressively against the bond. We proved the bond claim and obtained a settlement and full payment before other claimants even submitted their claims. As a result, our client got paid months earlier than other bond claimants, and when the general contractor filed for bankruptcy, our client had no exposure for preference claim repayment in bankruptcy court.
WALSH & WALSH SETTLES CASE BEFORE DEFENDANT GOES UNDER
We represented a material supplier to a major construction project in Orange County. Purchased at the peak of the real estate market, and built during the recession, the project was financially underwater. Our client recorded a six-figure mechanic's lien, and we filed suit to foreclose. The case was consolidated with dozens of other lien foreclosure and contract cases. As the developer tried to restructure its debt, settlement proposals were exchanged. Most of the material suppliers were offered settlements equal to half of their claim amounts. We carefully reviewed the financial records, analyzed the likelihood of a full recovery, and recommended that our client make a counter-offer, which was accepted. A few months later, the entire project went under, and the mechanic's lien holders who had not settled were left with worthless liens after a lender in a senior position foreclosed. Our recommendations saved the client from a total loss.
WALSH & WALSH WINS COURT TRIAL IN PLACER COUNTY
After a brief non-jury trial in Placer County's historic Auburn Courthouse, Walsh & Walsh prevailed in a collection action against a local contractor. The award is significant in that it marks the 20th California county in which attorneys from Walsh & Walsh, P.C. have obtained judgments on behalf of their clients since 1996.
WALSH & WALSH WINS DEFENSE VERDICT IN CONVERSION CASE
If you watch Storage Wars, you know what kind of crazy things can happen when storage lockers go up for sale. But Storage Wars has never seen anything like what happened after Patrick Eastman bought Dr. Lavonne Willis-Cumby's office equipment and furniture. Eastman was falsely accused of taking more than he bargained for from Dr. Cumby's storage locker and she sued him for conversion, negligence, fraud and breach of contract, claiming that he had stolen more than $50,000 worth of medical equipment that weren't part of the sale. When he refused to pay $16,000 to "settle" her claim outside a Hawaiian Gardens storage facility, she had him arrested and had his vehicle impounded by the police. Subsequent searches revealed that Mr. Eastman hadn't stolen any of her medical equipment. Nonetheless, Dr. Cumby filed suit and the case went to trial. Not only did we win a defense verdict for Mr. Eastman, but we obtained a $40,000 judgment on his cross-complaint for breach of contract, slander and false imprisonment.
WALSH & WALSH WINS FEDERAL JURY TRIAL ON FDCPA CLAIMS
A federal jury in Santa Ana took less than four hours to return a verdict in favor of Walsh & Walsh's clients and against two well known Anaheim debt collection attorneys. The firm's clients were debtors on three student loans. The lender's attorneys "settled" the underlying case by obtaining signatures on a stipulation for entry of judgment, changing the terms set forth in the first two pages, and attaching the existing signature page to the revised stipulation. When confronted with evidence of the switch, the attorneys claimed it was an honest mistake, but still took no action to fix the mistake. The jury found that the attorneys acted with malice and awarded both compensatory and punitive damages.
WALSH & WALSH SETTLES CONSTRUCTION DEFECT CASE FOR ZERO DOLLARS
Our client, Sierra Ready-Mix, was sued on the eve of the expiration of a homeowner's statute of repose, ten years after completion of construction, and nearly twelve years after our client supplied concrete to the project. Because of the passage of time, very little documentation was available. We used evidence obtained from other parties in discovery to prove that some of the areas of defective concrete were made with other suppliers' concrete, and that the adulteration of the concrete in areas supplied by Sierra Ready-Mix was caused by installation errors. Following a mediation attended by parties and experts, we secured a dismissal of Sierra Ready-Mix, with prejudice, in exchange for a cost waiver.
WALSH & WALSH WINS DEFENSE JUDGMENT IN $3 MILLION TRADEMARK CASE
A defense judgment obtained by the firm in a Riverside County Superior Court patent and trademark case has been affirmed on appeal. Our client BBK Performance, Inc. was found not liable for alleged patent and trademark infringements in a case where the demand was $3 million. In a "bet the company" case, the defendant made no offer to settle, having already won a nearly identical case in federal court. The court also awarded attorney's fees, including "cost of proof" sanctions. In an unpublished opinion, the Court of Appeal affirmed, with minor modifications concerning a portion of the attorney's fees award.
MULTI-MILLION DOLLAR UNFAIR COMPETITION CLAIM SETTLES FOR $50,000
On the eve of a potential three week jury trial, Walsh & Walsh settled a multi-million dollar unfair competition lawsuit against its client for $50,000. The settlement figure was less than the anticipated future costs of defense. Our client was sued by a competitor for unfair competition. The competitor alleged various unlawful or unfair acts and sought between one and three million dollars in damages and restitution under California law. The competitor also sought an injunction against our client. After substituting in for another law firm, Walsh & Walsh identified potential insurance coverage and tendered the claim to the insurance carrier, which agreed to defend the case. Because of potential conflicts between the client and its carrier, we remained active in the case as our client's independent counsel. We settled the case, along with a related case filed by the same competitor, for less than two percent of the total amount sought in the lawsuit, all funded by the carrier. No judgment or injunction was entered against our client.
FIRM WINS $3 MILLION ATTACHMENT ON BUSINESS FRAUD CASE
We represented five investors who alleged business torts and contract claims in connection with a transaction with Orange County investment firm D.M.H. Management, Inc. After obtaining an ex parte prejudgment right to attach order and writ of attachment, we elected to proceed on our clients' contract remedies to enforce the attachment. The case eventually settled for $3 million.
Copyright walshandwalshpc.com. All rights reserved.