Primary Office
Breach of Contract/Creditor’s Rights
- Obtained summary judgment in excess of $1 million in favor of a special servicer client against guarantor defendants.
- Obtained summary judgment in excess of $1 million in favor of a holding company against a guarantor defendant.
- Recovered more than $1 million for an unsecured creditor after obtaining prejudgment writs of attachment against the defendant.
- In a three-year period, obtained throughout California and Nevada about 20 orders for the confirmation of the appointment of a receiver to manage secured real property.
Foreclosure Defense/Wrongful Foreclosures
- Defeated a plaintiff’s motion for injunctive relief to enjoin non-judicial foreclosure of commercial property valued at $4.1 million. Eventually had the case dismissed for plaintiff’s failure to plead sufficient facts to state a claim.
- Expunged a lis pendens and settled the case on favorable terms to the lender.
- Defeated a complaint with prejudice after successfully demurring to a wrongful foreclosure cause of action.
Judgment Enforcement
- Recovered more than $600,000 for a client after obtaining a writ of execution and levying on the judgment debtor’s financial accounts.
- Levied on the judgment debtor’s personal residence, and recovered the full judgment amount the day before the sheriff’s sale.
- Obtained injunctive relief against a default judgment debtor, forcing the debtor to make payments equal to the full amount of the judgment.
- Obtained a bench warrant for a debtor’s arrest, causing the debtor to make payments under the terms of a settlement plan.
Landlord/Tenant
- Obtained judgment for possession of a multiplex movie theater at a major Southern California mall after a contentious trial.
- Obtained a temporary restraining and preliminary injunction enjoining a former tenant from removing from the premises fixtures and equipment subject to a landlord lien.
Creditor Side Bankruptcy
- Represented the first secured lender in a Chapter 11 confirmation battle. First chair on evidentiary hearing re motion to dismiss. Second chair during multiple-day trial. Case settled during trial with a plan favorable to the lender.
- Represented the first secured lender with a claim exceeding $26 million. Obtained relief from stay for the creditor to pursue non-judicial foreclosure, while also defeating plan confirmation after a lengthy trial.
- Represented the first secured lender with a claim exceeding $8.1 million. Successfully converted the case from a Chapter 11 reorganization to a Chapter 7 liquidation. Obtained relief from a stay so the client could pursue non-judicial foreclosure.
- Represented the first secured lender with a claim exceeding $7.5 million. Obtained relief from a stay so the client could pursue non-judicial foreclosure of a commercial property.
- Successfully obtained relief from a stay for the first position secured lender on grounds that the debtor engaged in fraud and bad faith through multiple bankruptcy filings.