New & Notable Case Outcomes

Complex Business Litigation

01 Golestani v. Pacific Bliss, LLC In April 2022, after defeating multiple summary judgment motions, Berman Litigation Group obtained $2,235,000 to resolve Fraudulent Conveyance and Enterprise Alter-Ego claims after the entity defendant defaulted on a $1,500,000 promissory note. Personal assets secure the settlement. Golestani v. Pacific Bliss, LLC, et al., Los Angeles Superior Court, Case No. 19STCV38718

03 Palumbo Design v. 1169 Hillcrest LLCAfter replacing prior counsel, represented Plaintiff in its claims arising from a $30 million land sale after a federal court dismissed Plaintiff’s previous lawsuit. After refiling the case, Berman Litigation Group successfully defeated several motions to dismiss, obtained dismissal of Defendant’s counterclaims, and obtained summary adjudication in Plaintiff’s favor on the key question of contract interpretation. Palumbo Design v. 1169 Hillcrest LLC, 2020 WL 5267566 (C.D. Cal.). The lawsuit was immediately settled after Court’s ruling.

05 Americana Juice Imports v. Nestle USA Served as lead counsel for the world’s largest food manufacturing company which was sued in state court in Texas for trade secret misappropriation, interference with contract, and related claims. Plaintiff requested more than $330 million in damages. After more than two weeks of trial, the jury awarded approximately $1 million, 10% of Defendant Nestle’s pre-trial settlement offer. Americana Juice Imports, Inc. v. Nestle USA (Hidalgo County, Texas, C-2012-99-B1)

07 Blair Stover v. David Sajasi Caused the Plaintiff to drop his lawsuit for derivative and personal claims by filing a motion under Corp. Code § 17709.02 and Civ. Proc. Code § 1030 which required Plaintiff to post a bond by showing that “there was a reasonable probability that the moving defendant will obtain a judgment in the action”; and “there is no a reasonable probability that Plaintiff’s action will benefit the company or its members”; Blair Stover v. David Sajasi, et al., Los Angeles Superior Court, Case No. 19STCV18148.

09 GMPC v. Walker Defended design company sued for misappropriating trade secrets and confidential information. Plaintiff requested more than $2 million in damages. After a two-week jury trial, the jury awarded just $47 thousand in damages. GMPC v. Walker (L.A.S.C. SC070564)

11 Hofmann v. Quinto Obtained dismissal with prejudice of a $62 million legal malpractice claim without payment. Berman Litigation Group prepared motions to dismiss that caused Plaintiff to resolve the case with a dismissal with prejudice. Hofmann v. Quinto et al. 20-cv-00284-HCN-CMR (D. Utah.)

02 Jason Lowy v. Hancock GardensOn the eve of trial, Berman Litigation Group obtained $4,211,962.92 and a $1,518,262 increase in capital account to settle claims against a limited liability partnership. Before retaining Berman Litigation Group, the Plaintiffs unsuccessfully offered to accept $1,500,000 to resolve their claims. Jason Lowy, et al. v. Hancock Gardens, et al., Los Angeles Superior Court, Case No. BC644660

04 Goldstein v. BeckPrevailed in a three-and-a-half-week breach of contract and nuisance jury trial and obtained a jury verdict of $2 million in compensatory damages and $4 million in punitive damages. After an award of attorney’s fees, a judgment for $7,150,507 was entered. Successfully defended the judgment in three subsequent appeals and obtained 100% of the attorney’s fees sought in trial and post-trial proceedings, ultimately recovering $9,046,000 after ten years of litigation. Goldstein v. Beck (L.A.S.C. BC261307 and SC085201.)

06 North American Midway Entertainment v. State of MichiganDefended the largest provider of midway entertainment in North America in a lawsuit filed by the State of Michigan seeking millions of dollars in damages. After filing a Cross-Complaint, we obtained a complete dismissal of the State’s case, monetary damages against the State, and reinstatement of the client’s contractual rights. During the litigation, we obtained a court compelling the deposition of the Governor of the State of Michigan, becoming one of six attorneys to receive a court order requiring a sitting governor to be deposed. North American Midway Entertainment v. State of Michigan (Ingham County, Michigan, 09-138-MK).

08 Granada Post Acute, LP. v. Healthcare Investments IIObtained Temporary Restraining Order and Order to Show Cause and immediate resolution of a lawsuit arising from a Management and Operations Transfer Agreement following the purchase of a skilled care nursing facility. Granada Post Acute, LP. v. Healthcare Investments II, et al., Los Angeles Superior Court, Case No. BC676217.

10 Kilroy Realty, L.P. v. Newgen Results Corp.Defended a publicly-traded company against alter ego and fraudulent conveyance claims brought in a $60 million breach of lease case. Shortly before trial, settled action for less than 5% of the damages sought by Plaintiff, an amount lower than had been offered by Defendant at the onset of litigation. Kilroy Realty, L.P. v. Newgen Results Corp. et al. (S.D.S.C. 37-2008-00080164-CU-BC-CTL)

12 Select Restaurant Co v. NorthwesternRepresented anchor tenant in its claims against the landlord of a shopping center and City of Long Beach and Coastal Commission and obtained a high six-figure monetary settlement and
modification of parking scheme for Shoreline Village area in Long Beach and surrounding parking lots. Select Restaurant Co v. Northwestern (C.D. Cal. CV-00454-DT-E)

Business Divorce

01 Golestani v. Pacific Bliss, LLC In April 2022, after defeating multiple summary judgment motions, Berman Litigation Group obtained $2,235,000 to resolve Fraudulent Conveyance and Enterprise Alter-Ego claims after the entity defendant defaulted on a $1,500,000 promissory note. Personal assets secure the settlement. Golestani v. Pacific Bliss, LLC, et al., Los Angeles Superior Court, Case No. 19STCV38718

03 Blair Stover v. David Sajasi Caused the Plaintiff to drop his lawsuit for derivative and personal claims by filing a motion under Corp. Code § 17709.02 and Civ. Proc. Code § 1030 which required Plaintiff to post a bond by showing that “there was a reasonable probability that the moving defendant will obtain a judgment in the action”; and “there is no a reasonable probability that Plaintiff’s action will benefit the company or its members”; Blair Stover v. David Sajasi, et al., Los Angeles Superior Court, Case No. 19STCV18148.

05 Beck v. Mausner Won arbitration involving shareholder dispute of closely held corporation by successfully petitioning to restore shareholder rights of an individual shareholder and secured multi-million dollar settlement for the shareholder. Beck v. Mausner (L.A.S.C. LC089216)

02 Jason Lowy v. Hancock GardensOn the eve of trial, Berman Litigation Group obtained $4,211,962.92 and a $1,518,262 increase in capital account to settle claims against a limited liability partnership. Before retaining Berman Litigation Group, the Plaintiffs unsuccessfully offered to accept $1,500,000 to resolve their claims. Jason Lowy, et al. v. Hancock Gardens, et al., Los Angeles Superior Court, Case No. BC644660

4 Kilroy Realty, L.P. v. Newgen Results Corp.Defended a publicly-traded company against alter ego and fraudulent conveyance claims brought in a $60 million breach of lease case. Shortly before trial, settled action for less than 5% of the damages sought by Plaintiff, an amount lower than had been offered by Defendant at the onset of litigation. Kilroy Realty, L.P. v. Newgen Results Corp. et al. (S.D.S.C. 37-2008-00080164-CU-BC-CTL)

Adult Nursing Facility Disputes

01 Granada Post Acute, LP. v. Healthcare Investments IIObtained Temporary Restraining Order and Order to Show Cause and immediate resolution of a lawsuit arising from a Management and Operations Transfer Agreement following the purchase of a skilled care nursing facility. Granada Post Acute, LP. v. Healthcare Investments II, et al., Los Angeles Superior Court, Case No. BC676217.

Intellectual Property

01 Americana Juice Imports v. Nestle USA Served as lead counsel for the world’s largest food manufacturing company which was sued in state court in Texas for trade secret misappropriation, interference with contract, and related claims. Plaintiff requested more than $330 million in damages. After more than two weeks of trial, the jury awarded approximately $1 million, 10% of Defendant Nestle’s pre-trial settlement offer. Americana Juice Imports, Inc. v. Nestle USA (Hidalgo County, Texas, C-2012-99-B1)

03 GMPC v. Walker Defended design company sued for misappropriating trade secrets and confidential information. Plaintiff requested more than $2 million in damages. After a two-week jury trial, the jury awarded just $47 thousand in damages. GMPC v. Walker (L.A.S.C. SC070564)

02 FenF, LLC v. Groupon, Inc.Represented FenF, LLC in Trademark and Copyright claims against Groupon for selling counterfeit products on the Groupon website. After defeating several motions by Groupon, including a Motion for Summary Judgment and Motion to Strike, Plaintiff obtained a settlement that was six times the amount previously offered. FenF, LLC v. Groupon, Inc., 2021 WL 8650619 (E.D. Mich.)

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