Civil Enforcement Claims
Defense of financial sector companies and State and Federal Rico, securities fraud and unfair trade practices litigation based upon civil enforcement provisions in those statutes. Read More
Defense of financial sector companies and State and Federal Rico, securities fraud and unfair trade practices litigation based upon civil enforcement provisions in those statutes. Read More
Complete defense of one of the largest State Bar prosecutions in California history, involving numerous real estate finance transactions nationwide over a period of 10 years. This was followed by successful resolution of follow-on civil malpractice litigation. Severson & Werson is California’s preeminent firm in the defense of professionals. Read More
Mr. Kenney has led trial teams in a successful defense of some of the largest auto finance cases ever tried in the U.S. These include obtaining a $40MM jury verdict against a failed auto dealer group and defending massive contract breach and lender liability claims in numerous suits throughout the U.S. Read More
Mr. Kenney has successfully defended financial institutions in scores of class actions resolved well short of trial nationwide. But few counsel have actually tried these cases to conclusion. Among his trial victories in class cases was the complete defense judgment, after a mixed jury and bench trial, of a nationwide class-action challenging automobile lease finance practices of one of the… Read More
Obtained unanimous Los Angeles jury verdict for leading Bank in commercial finance trial involving multiple low income housing projects - obtaining judgment in excess of $4.1 million including 100% of attorney fees requested by the client, and defeating multi-million dollar fraud and lender liability cross claims by failed Developer. Read More
Pro bono representation of the largely immigrant workforce at Texas border garment factory – forcing extensive safety improvements and winning significant individual damage awards. At all times, Mr. Kenney devotes a considerable portion of his workload to pro bono cases. Read More
Prosecution, investigation and 90% recovery of losses for a leading banking firm in a massive fraudulent origination scheme involving officers of the company - including resolution of related officers and directors insurance claims and wrongful termination litigation. Read More
Mr. Guzzetta acted as first chair trial counsel representing a major loan servicer in a Court trial involving claims for violation of California’s unfair competition law in San Mateo County Superior Court; Mr. Guzzetta obtained a complete victory for the client when the Court granted his motion for non-suit. Read More
Mr. Guzzetta acted as first chair trial counsel representing a major national bank in a jury trial of a claim for fraud in Sacramento County Superior Court; the jury returned a complete defense verdict, and Mr. Guzzetta obtained an award of attorneys’ fees and costs on the client’s behalf. Read More
Joseph W. Guzzetta acted as first chair trial counsel representing a major loan servicer in a three-week jury trial of claims for fraud and negligent misrepresentation in San Francisco County Superior Court. Mr. Guzzetta obtained an unanimous jury verdict of not liable on both causes of action for the client, and obtained a significant award of attorneys’ fees and costs… Read More
Joseph W. Guzzetta acted as first chair trial counsel representing a major national bank in a jury trial in Los Angeles County Superior Court. The plaintiff sought over $45 million in damages, asserting claims for fraud, negligent misrepresentation, breach of contract, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, wrongful foreclosure, violation of… Read More
Joseph W. Guzzetta acted as first chair trial counsel representing a major national bank in a seven-day jury trial of claims for breach of contract and breach of the implied covenant of good faith and fair dealing brought in Contra Costa County Superior Court. The plaintiff asserted that the bank had breached a contract between the parties and that, as… Read More
Joseph W. Guzzetta acted as first chair trial counsel in jury trial of claims under the California Homeowners’ Bill of Rights and claims for negligence and slander of title relating to the foreclosure of the plaintiff’s home. Plaintiff sought approximately a half-million dollars in actual damages, plus punitive damages. The jury returned a complete defense verdict on all six causes… Read More
Obtained favorable decision for client holding that California’s Unfair Competition Law cannot be used to undo allegedly erroneous final judgments obtained against consumers. Fireside Bank Cases (2010) 187 Cal.App.4th 1120. Read More
Obtained favorable decision for lender holding borrower cannot state fraud claim based on allegation lender told him that property values would continue to appreciate and he would be able to refinance or sell before the interest rate on his loan readjusted. Cansino v. Bank of America (2014) 224 Cal.App.4th 1462. Read More
Obtained favorable decision for mortgage lender barring pre-foreclosure challenge to lender’s authority to foreclose. Robinson v. Countrywide Home Loans, Inc. (2011) 199 Cal.App.4th 42. Read More
Obtained favorable decision for automobile finance client that tender under the Automobile Sales Finance Act in an attempt to cap attorney fee liability is not an admission of liability. Tun v. Wells Fargo Dealer Services, Inc. (2016) 5 Cal.App.5th 309. Read More
Obtained favorable decision for mortgage lender holding that non-judicial foreclosure of a senior citizen’s defaulted home loan was not elder abuse. Stebley v. Litton Loan Servicing, LLP (2011) 202 Cal.App.4th 522. Read More
Obtained favorable decision for automobile finance company regarding application of payments and assessment of late fees. Davis v. Ford Motor Credit Co. (2009) 179 Cal.App.4th 581. Read More
Obtained favorable decision for bank client holding it owed no duty to elderly depositor to protect him against third party fraud. Das v. Bank of America, N.A. (2010) 186 Cal.App.4th 727. Read More