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V
E R D I C T S
a
n d
S E T T L E M E N T S
The
following are cases reported in legal periodicals that
our attorneys have brought to conclusion by either trial
or settlement.
September
13, 2004
Breach
of Contract - Misrepresentation
Verdicts & Settlements
Jury
Verdict: Defense
Case/Number: Jeffrey
Phillips, et al. v. American Underwriters Life
Ins. Co., et al./ BC233706
Court/Date: Los
Angeles County Superior Court/ July 23, 2004.
Trial: Length,
five weeks, deliberation 1.5 days.
Settlement
Discussions: On the eve of trial,
the plaintiffs demanded $800,000; the defendants
offered $10,000.
Trial
Counsel:
Plaintiffs: Jeffrey
W. Johnson, James W. Irey, Johnson & Higgin
LLP, Los Angeles
Defendant: John
N. Zarian, Michael M. Amir, Friedemann O'Brien
Goldberg & Zarian LLP, Los Angeles
Facts
/ Contentions:
The plaintiffs claimed that the defendants concealed material
facts and misrepresented material facts in connection with the
sale of [a commercial] property...[including] that the property
was not in compliance with applicable Building & Safety regulations.
The plaintiff also asserted that the defendants failed to disclose
known or suspected environmental problems.
January
20, 2003
Settlement--Widow
of astronaut sues pen company for unauthorized
use of his likeness
Trial
Digest
Unfair
Competition
San Diego County Superior Court - Irwin
v. The Fisher Pen Company of Nevada
Settlement
Result: $50,000
Defendant The Writer's Edge: $10,000; defendant Digital Stock: $40,000;
defendant Fisher: Confidential
Trial
Counsel:
Plaintiff: Robert
C. O'Brien, Wendy Fors Jerdon, Friedemann
O'Brien Goldberg & Zarian LLP, Los
Angeles."
Defendant: R.
Patrick McCullogh, Popov & McCullogh, LLP, La
Jolla. David Green, Senior Corporate Counsel for
Digital Stock, Inc., Bellevue, WA. John Van de Grift,
Souhrada & Volk, San Diego
May
10, 2002
Settlement - Man
plunges to his death at rock concert at the Oakland
Arena
Trial Digest
Wrongful
Death / Premises Liability
Alameda County Superior Court - Stubblefield
v. Oakland-Alameda County, et al.
Settlement
Result: $600,000
Trial
Counsel:
Plaintiff: John
N. Zarian, Friedemann O'Brien Goldberg & Zarian
LLP, Los Angeles.
Defendant: William
E. Hannan, III, Severson & Werson, San Francisco;
Daniel F. McLennon, McLennon & Hamilton, San
Francisco; Michael C. Osborn, Shook, Hardy & Bacon
LLP, San Francisco; Michael J. Cochrane, Fortune,
Drevlow, O'Sullivan, Ciotoli & Hudson, San Francisco;
Eric D. Torres dba Torres Specialties, in pro per.
Facts
/ Contentions:
... This was an action for damages arising from the wrongful death
of a decedent who, on March 23, 2000, plummeted to his death during
a KISS rock concert at the Oakland Arena. ...
November
28,
2001
Real Property — Breach
of Contract
Verdicts & Settlements
Case: Asset
Management Organization v. Vince Dundee, et al.
Bench Decision: Defense
***
Other
Information: The defendants moved the court for
their attorneys' fees pursuant to the parties' agreement
and the parties have since agreed to settle upon the
amount of such fees.
Trial
Counsel:
Plaintiff: Lawrence C. Ecoff, Susan L. Avery (Zimmerman, Rosenfeld,
Gersh & Leeds, Beverly Hills).
Defendant: Robert C. O'Brien, John
N. Zarian Friedemann, O'Brien, Goldberg & Zarian,
Los Angeles.
September
19, 2001
Taco Bell held not
liable for breach of an alleged contract over the Talking
Chihuahau plush toy for sale as 'premiums.'
Verdicts & Settlements
Summary
Judgment: Defense in favor of Taco Bell
Trial
Counsel:
Plaintiff: Herbert Hafif, Michael G. Dawson (Law Office of
Herbert Hafif, Claremont)
Defendant: Robert C. O'Brien,
John N. Zarian Friedemann, O'Brien, Goldberg & Zarian,
Los Angeles.
February
12, 2001
Nanny,
in U.S. on Tourist Visa,
Was Struck by Dump Truck
California
Jury Verdicts Weekly
Wrongful
Death / Motor Vehicle /
Pedestrian / Truck
Orange County Superior Court - Rafael Arias, et al. v.
Robert Jackson Trucking, et al.
Net
Verdict: $207,547.50
Settlement
Demand: $600,000
CCP 998
Settlement
Offer: $105,000 CCP 998
Trial
Details: Trial Length: 9 days; Deliberations:
2 days.
Trial
Counsel:
Plaintiff: Raymond Boucher,
Kisel Boucher & Larson, Beverly Hills.
Defendant: John
N. Zarian, Friedemann O'Brien Goldberg & Zarian
LLP, Los Angeles.
Facts
/ Contentions:
A wrongful death action brought on behalf of a single 25-year-old
nanny killed while crossing the street when she was hit by a
truck. ... [The driver] testified that he did not see the decedent
before impact.
September
1-15, 1995
A Landlord
Fails to Return Security Deposit
Verdictum
Juris, Vol. 16, Issue 17
Case: Covenant
House v. Jean Gordon
Verdict: $67,566.79 for Covenant House and defense verdict on cross
complaint
***
Other Information: Covenant
House was awarded attorneys' fees and costs.
Trial
Counsel:
Plaintiff: Robert C. O'Brien, Gideon Y. Grunfeld, Los Angeles
Defendant: Brian J. Kennedy
and James A. Brodrick, Jr., Los Angeles
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