Selected Litigation Experience Involving Firm Members

 

Jury Trial Verdicts

  • Foxcroft Productions, Inc., et al. v. Universal Studios, LLC, et al.
    • ($70 million jury verdict- Hollywood accounting)
  • Metropolitan Development and Housing Agency v. Tower Music City II, LLC
    • ($30.4 million jury verdict – eminent domain)
  • Flowers, et al. v. Hillyer, et al.
    • ($12.8 million verdict – breach of fiduciary duty)
  • Las Palmas Associates v. Las Palmas Center Associates
    • ($11.2 million verdict – fraud)
  • Tower Acton Holdings, LLC v. Los Angeles County Waterworks
    • ($10.1 million verdict – breach of contract)
  • Huntington Beach Chrysler Jeep, Inc. v. AM General
    • ($5.4 million verdict – breach of dealer agreement)
  • Strother Film Partners v. European American
    • ($4.5 million verdict – breach of contract)
  • Winchester – Wesselink, LLC adv. Van Loon
    • ($4.3 million verdict (including $2.5 million in punitive damages) plus over an $1,000,000 in fees and costs – LLC member breach of fiduciary duty)
  • Arrowhead v. Arrowhead S&L
    • ($3.2 million verdict – breach of contract)
  • HWB Automotive Group, Inc. v. Nissan Motor Corporation in U.S.A.
    • ($3.1 million verdict – fraud)
  • Crosson v. Premier Van Lines
    • ($2.9 million verdict – fraud)
  • Rancho Vista Development Company v. Richards, Watson & Gershon
    • ($2.5 million verdict – breach of fiduciary duty)
  • Surf City Auto Group v Van Cleave et al
    • ($2.4 million RICO jury verdict)
  • Kalypso LP v. [CONFIDENTIAL-Fortune 500 Company]
    • $2 million jury trial verdict in favor of Kalypso
  • John Doe Investor v. Burkhalter Kessler Clement & George LLP Client, et al.
    • (Obtained complete defense verdict on $1 million fraud claim, as well as complete indemnity award from escrow company on cross-complaint)
  • Shah v. Yu
    • (Breach of contract for sale of business. Complete defense on complaint against client, and nearly $300,000 verdict on cross-complaint)
  • Ultimo v. Citylights Commercial Lending Group Inc. Appellate reversal
    • ($214,431.84 in fees awarded, not including fees awarded on appeal of over $45,000)

 

Significant Defense Verdicts In Jury Trials

  • Ralphs adv. Williams: Defense verdict on racial harassment employment claims seeking over $2 million
  • Ralphs adv. Vincent: Defense judgment on Summary Judgment before trial, plus costs awarded to employer (later upheld on appeal)
  • EFC v McAllister: Defense of $3 million claim for alleged breach of development contract for proposed reality television show
  • Fairchild Industries v Taylor: Defense of multimillion-dollar malicious prosecutor claim for law school classmate
  • Riteaid v. Mariners Mile Gateway: Successfully defended $30 million claim for breach of contract for a large shopping center construction/lease agreement. Court dismissed Riteaid’s case during jury trial. All fees and costs were ultimately awarded to Burkhalter Kessler Clement & George LLP‘s client.

 

Significant Reported Appellate Decisions

  • Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC
    • 185 Cal.App.4th 1050 (2010)
  • Kumar v. Yu
    • 201 Cal.App.4th 1463 (2011)
  • HWB Automotive Group, Inc. v. Nissan Division of Nissan Motor Corporation in U.S.A.
    • 45 Cal. App. 4th 1663 (1996)
  • NCAA v. Tarkanian
    • 10 F.3d 633 (9th Cir. 1993) and 795 F. Supp 1476 (D. Nev. 1992)
  • Las Palmas Associates v. Las Palmas Center Associates
    • 235 Cal. App. 3d 1220 (1991)
  • Waranch v. Gulf Ins. Co.
    • 218 Cal. App. 3d 356 (1990)