Representative Matters

TRUST AND ESTATE MATTERS

• Successfully represented trust beneficiary in asserting claims for breach of fiduciary duty and breach of trust against successor trustee and advisors for failing to maintain and preserve trust assets and allowing residential property to sink into foreclosure.  Convinced successor trustee to sell defaulted residential property through a conventional sale, rather than an estate auction, and negotiated favorable settlement netting sufficient funds for client to relocate and purchase a home.    

• In a heated dispute between two sibling co-executors and sole beneficiaries of their father’s estate, successfully represented one sibling regarding the estate’s administration and distribution of assets.  In mediation, negotiated a settlement in client’s favor.  Client received the proceeds from the sale of his father’s home and a percentage of royalties generated from songs written by his father.    

• Successfully represented the successor trustee of his deceased father’s trust in the prosecution of claims against his father’s caregiver for elder abuse.  Caregiver had caused the diabetic, blind father to create an entirely new estate plan leaving substantial assets to the caregiver to the exclusion of the decedent’s children.  Over the course of multiple mediation sessions with a retired probate judge, negotiated a favorable settlement for client that required the caregiver to denounce the estate plan she had caused the decedent to execute, and transfer back title to an apartment building transferred to her under the invalidated estate plan.    

• Successfully prosecuted claims for breach of trust and breach of fiduciary duty alleging that testamentary trustee misappropriated trust assets.   Prior to trial, obtained ex parte order removing the trustee and appointing a professional fiduciary to complete the trust administration.  Defeated trustee’s motion to enforce No-Contest Clause in trust instrument.  Prevailed in a one-week bench trial, with client receiving a substantial financial award.  

• Represented trustee of testamentary trust on petition to recover trust assets taken by trust beneficiary and defended trustee against beneficiary’s cross-petition for removal.  In mediation, negotiated settlement in client’s favor and obtained substantial surcharge against beneficiary’s interest in the trust.    

• Successfully represented the siblings of a wealthy decedent in a will contest against the decedent’s niece and caregiver over his $50 million estate.  Los Angeles Superior Court ruled entirely in clients’ favor on issues including testamentary capacity and undue influence and admitted client’s proffered will to probate.

BUSINESS LITIGATION MATTERS

• Successfully represented client in claims against Mercedes-Benz, USA for violation of Song-Beverly Consumer Warranty Act.  Negotiated a settlement whereby Mercedes-Benz, USA repurchased client’s Mercedes-Benz S430V.    

• Successfully represented client in claims against Ford Motor Company for violation of Song-Beverly Consumer Warranty Act.  Achieved arbitration award requiring Ford to repurchase client’s Ford Aviator and pay client’s attorney’s fees.    

• Prosecuted breach of contract claim for payment for business services rendered, and defended against cross-claims for breach of contract for services.  Created and implemented a successful negotiation strategy in private mediation, resulting in a favorable settlement for client.    

• In an adversary proceeding in U.S. Bankruptcy Court, preserved real estate owner’s breach of contract claim against a lender and the lender’s assignee, despite defendants’ multiple motions to dismiss.  

• Successfully defended Deutsche Bank, AG against claims in United States District Court for fraud, negligent representation, and omission regarding investments. Plaintiffs sought $363 million in compensatory and punitive damages. Judge granted Deutsche Bank’s motion to dismiss based on arguments that the plaintiffs failed to state a claim for fraud or negligent misrepresentation, and the 12-year old claims had passed the applicable statute of limitations.  

• Won jury verdict of $3 million, increased to $4.2 million with interest, in breach of contract action for attorney-client for over 20 years’ legal fees due from his former client.  Jury ruled in attorney-client’s favor for both breach of contract and professional malpractice. Affirmed on appeal in full in Rufus Von Thulen Rhoades v. William M. Lansdale et al.  

• Defended Texas resident against allegations, filed in the Northern District of the United States District Court, of false promises to pay for orders of wine without intent to perform.  Successfully obtained court order transferring lawsuit to Texas.