Obtained favorable decision holding the National Bank Act preempted California’s Mortgage Broker’s Law’s restrictions on payment allocation and assessment of late fees on a home loan originated by a mortgage broker but held and serviced by a bank. Akopyan v. Wells Fargo Home Mortgage, Inc. (2013) 215 Cal.App.4th 120. Read More
Obtained favorable decision for lender holding that borrower has no fraud claim against lender for having told borrower that he qualified for a loan. Perlas v. GMAC Mortgage, LLC (2010) 187 Cal.App.4th 429. Read More
Obtained favorable decision for bank holding that customer’s possession of ancient non-negotiable certificate of deposit did not raise a presumption that the deposit had not been repaid. Gabriel v. Wells Fargo Bank N.A. (2010) 188 Cal.App.4th 547. Read More
Obtained favorable decision for mortgage lender regarding MERS’ authority to assign deed of trust and other issues. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256. Read More
Submitted amicus briefs on behalf of industry groups successfully urging court to tighten the state’s class certification standards. Cullen v. State Farm Mut. Auto. Ins. Co. (2013) 137 Ohio St.3d 373; Ford Motor Credit Co. v. Agrawal (2013) 137 Ohio St.3d 561. Read More
Obtained favorable decision on issue of whether a borrower could void a MERS deed of trust by filing bankruptcy before MERS assigned the deed of trust to the loan’s owner. In re Montierth (Nev. 2015) 354 P.3d 648. Read More
Submitted amicus brief on behalf of industry groups successfully urging court to hold that arbitration clause in standard car purchase contract is enforceable. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899. Read More
Submitted amicus brief on behalf of industry groups successfully urging that automobile dealer had not violated Truth-in-Lending Act and Automobile Sales Finance Act in disclosures regarding a rewritten spot delivery installment purchase contract. Raceway Ford Cases (2016) 2 Cal.5th 161. Read More
Obtained favorable decision in a pro bono case on the issue of private attorney general fee awards in cases of great non-financial importance to the client. In re Conservatorship of Whitley (2010) 50 Cal.4th 1206. Read More
Obtained favorable decision for client barring merits decisions before certification ruling in putative class action cases. Fireside Bank v. Superior Court (2007) 40 Cal.4th 1069. Read More
Obtained favorable decision holding that under the FHA Model Mortgage a lender may require a borrower to obtain flood insurance covering the full value of the house. Feaz v. Wells Fargo Bank, N.A. (11th Cir. 2014) 745 F.3d 1098 Read More
Obtained favorable decision holding that a defendant may remove a case to federal court under the Class Action Fairness Act within 30 days after plaintiff discloses facts showing jurisdiction under that act even if another ground for removal was evident earlier. Jordan v. Nationstar Mortgage LLC (9th Cir. 2015) 781 F.3d 1178. Read More
Obtained favorable decision for client on the standard for awarding attorney fees against a defendant on remand to state court of a case improperly removed to federal court. Martin v. Franklin Capital Corp. (2005) 546 U.S. 132. Read More
Settlement of an insurance bad faith case for Foreign Insurers for one-tenth of amount claimed after taking over from prior attorneys and obtaining reversal of several prior adverse court rulings. Read More
Recovery of $3 million indemnity payments plus $600,000 Brandt Fees on behalf of London Insurers of Oil Refinery as additional insured on subcontractor’s insurance. Read More
Obtained summary judgment for insurer against insured’s claim that its alleged conduct in the underlying liability action potentially implicated personal injury coverage grant for invasion of the right to privacy. Read More
Obtained summary judgment for liability insurer against insured municipality seeking damages in excess of $20 million based on subsidence exclusion in policy, where the insurer declined to defend the underlying action and an underlying judgment had been entered against the insured. Read More
Obtained summary judgment for property insurer based on showing that insured could not meet its burden of proof at trial, including establishing that insured’s proposed expert testimony lacked sufficient foundation to be admissible. Read More
Obtained summary judgment for liability insurer against insured’s claim under advertising injury coverage grant that the insured’s product labeling potentially constituted use of another’s advertising idea. Read More
Obtained summary judgment for liability insurer against insured’s claim that underlying plaintiff’s decreased profits based on underlying wrongful death and personal injury claims in multiple states arising from contaminated food products, claimed in an amount in excess of $75 million, constitute damages because of property damage or bodily injury. Read More
