Results

Recent Results

Breach of Contract, Commercial Lease Dispute, Tenant Improvements

We defended a national retailer and its chief executive in a commercial lease dispute relating to tenant improvements totaling $275,722. We filed a demurrer attacking the pleading sufficiency of the complaint, and later a cross-complaint against the plaintiff contractor.

Result: case dismissed. Plaintiff’s recovery from our clients: $0.

Breach of Contract

We defended a designer and international retailer in a breach of contract action of $216,000. We filed multiple demurrers attacking the sufficiency of the complaint, and later a cross-complaint against the plaintiff for breach of contract, fraud, concealment and unfair business practices, among other claims.

Result: case dismissed. Plaintiff’s recovery from our client: $0.

Fraud, Aiding and Abetting Fraud, Breach of Fiduciary Duty, Sale of Unregistered Securities, Financial Elder Abuse, Etc.

We represented a client named as a defendant in a class action lawsuit that alleged his participation in a high-profile, long running Ponzi Scheme associated with a private real estate investment pool. The complaint alleged plaintiffs were defrauded of more than $57,000,000.00. We quickly asserted, and demonstrated, that our client did not aid and abet, nor profit in any way from the investment pool.

Result: case dismissed as to our client. Plaintiffs’ recovery from our client: $0.

Breach of Contract

We defended a healthcare facility in a breach of contract action arising from the purchase and sale of medical equipment and analyzers. We filed a cross-complaint against the plaintiff alleging it breached the terms of the agreement, and thereafter conducted aggressive discovery.

Result: case dismissed. Plaintiff’s recovery from our client: $0.

Intellectual Property Litigation

We prosecuted an action on behalf of a client that held intellectual property rights and rights of publicity in the U.S. and various countries in Europe and Asia relating to a well-known Hollywood figure. We quickly acted to enforce our client’s rights, which included the cease and desist of unauthorized use and display of the figure’s images on the defendant’s websites, as well as unauthorized reproduction.

Result: Unauthorized use, display and production immediately halted, with subsequent settlement.

Violation of Computer Fraud and Abuse Act, Computer Crimes, Fraud, Conversion, Intentional Interference with Contractual Relations, Unfair Competition

We defended a client that was sued in federal court by a popular online gaming host. The complaint alleged our client was involved in fraudulent game play on plaintiff’s website by utilizing software applications that perform automated tasks much faster and more repetitively than humans. Plaintiff sought to recover all monies that were won by our client, and others, in the hundreds of thousands of dollars.

Result: case dismissed. Plaintiff’s recovery from our client: $0.

Trademark Infringement

We defended a skilled home nursing facility against claims of trademark infringement and internet domain rights. Our client’s objective was to resolve the dispute favorably, and as quickly as possible.

Result: favorable settlement agreement reached before any court filing.

Fraud, Conversion, Misappropriation, Breach of Contract

We defended a client accused by a former employer of embezzling and misappropriating over $200,000. We filed a cross-complaint alleging the employer breached the employment agreement because it failed to adequately compensate the employee, and thereafter instituted aggressive discovery to unearth this issue.

Result: case dismissed. Plaintiff’s recovery from our client: $0.

Premises Liability, General Negligence

We defended a retail business and its owners in an action brought by a contractor who sustained serious bodily injury while working on the premises. The plaintiff alleged the business failed to maintain the area in a safe condition and failed to warn of a dangerous condition therein, causing him to fall from the ceiling through a floor.

Result: case dismissed. Plaintiff’s recovery from our clients: $0.

Breach of Contract

We defended a retailer and its managing principal in a breach of contract action arising from the purchase and sale of specially designed electronic cigarettes. We filed a general denial in response to the complaint, and immediately served written discovery to unearth a flaw in the lawsuit.

Result: case dismissed. Plaintiff’s recovery from our client: $0.

Professional Liability Defense

We defended a real estate brokerage and its agent in an action claiming they failed to disclose a slope failure that occurred prior to plaintiff’s purchase of an ocean view property. The complaint alleged causes of action of rescission, fraud and declaratory relief. Through aggressive discovery, we established plaintiffs had notice of significant geological issues related to the property.

Result: Favorable settlement.

Breach of Contract, Fraud

We represented a landmark cemetery in an action against a paving company and its owner for breach of contract, fraud and concealment, among other claims. The original agreement, which called for the removal, repair, and repaving of asphalt throughout the cemetery’s grounds, was in the amount of $83,960. Through aggressive discovery, we demonstrated that the paving company and its owner intentionally overcharged our client for materials.

Result: $100,000 judgment against defendants, including the company’s owner (individually).

Breach of Contract, Open Book Account, Account Stated

We represented a manufacturer and international distributor of natural stone in an action against its customer for unpaid invoices totaling $87,715.

Result: Our client recovered $110,000, which included accrued interest and attorneys’ fees.

Insurance Coverage, Breach of Contract, Professional Negligence

We represented an international wholesaler and distributor of electronic products in an action against its insurance providers following a burglary of its warehouse. The insurance company initially denied the claim for stolen items totaling $106,700. In response, we quickly filed a complaint against the insurance provider, broker and agent.

Result: $130,000 settlement.

Serious Personal Injury

We represented a truck driver involved in a motor vehicle accident. The impact of the accident caused our client to suffer a rotator cuff injury to his shoulder. The defendant’s insurance company initially argued the accident could not have caused the injury, but later changed its position.

Result: $200,000 settlement.

Our initial consultations are complimentary.

Phone: LA 213.943.1340 / OC 949.852.3590

email: info@delvuklaw.com