Breach of Fiduciary Duty

Breach of contract involving California prohibition on non-compete agreements. Defense verdict. Orange County.

Top insurance salesman goes to another company and some of his clients follow him. Former employer says he owes them compensation for taking for those clients.

Case Name: CBIZ Benefits & Insurance Services, Inc. v. Millennium Corp. Solutions, LLC and Neal Rubin
Date of Verdict or Judgment: Wednesday, May 04, 2022
Type of Case: Breach of Contract, Breach of Fiduciary Duty, Breach of Good Faith

Verbal partnership agreement in cannabis business leads to dispute. $662K. Los Angeles County.

Partners in cannabis retail and growing operation dispute terms of verbal agreement after business improves and a buyer for the business is found.

Case Name: Matthew Dunn v. Terrence Mumford, Mr. T's Collective, LLC
Date of Verdict or Judgment: Saturday, October 30, 2021
Type of Case: Breach of Contract, Breach of Fiduciary Duty

Cookie and bakery companies work together on health bar, until it all crumbles. $10 million, LA County

Wholesale bakery earns millions baking health bars, but cookie company claims they had agreed to be partners in the bakery and that they were partly responsible for its success.

Case Name: Fantasy Cookie Corporation, a California Corporation; Joseph Semder; et al vs. Harold Rothman; Bar Bakers, LLC, a California Limited Liability Company; William Ross; et al and related cross complaint by Bar Bakers, LLC, a California Limited Liability Company; Harold Rothman; William Ross; vs. Fantasy Cookie Corporation, a California Corporation; Joseph Semder; Richard Semder, et al
Date of Verdict or Judgment: Monday, March 16, 2020
Type of Case: Breach of Fiduciary Duty

Fee dispute between law firm and client results in counter-claim; $146K. Orange County.

Law firm sues for its fees; client countersues firm for fraud and breach of fiduciary duty.

Case Name: Bohm Wildish, LLP v. Teresa Roebuck in her capacity as trustee of the Shell Beach Trust Settlement
Date of Verdict or Judgment: Tuesday, October 29, 2019
Type of Case: Breach of Contract, Breach of Fiduciary Duty, Fraud

State says trustee abused position in handling charitable trust. Marin County.

Woman leaves estate to charity, but trustee does not follow her wishes.

Case Name: People v. William Shine, et al.
Date of Verdict or Judgment: Tuesday, February 27, 2018
Type of Case: Breach of Fiduciary Duty

Real estate investment partners blame each other when investment fizzles. $1.2 million. Orange County.

Partnership formed to both purchase and build properties goes south, partners sue each other.

Case Name: Samen v. Berkowitz
Date of Verdict or Judgment: Wednesday, November 01, 2017
Type of Case: Breach of Contract, Breach of Fiduciary Duty, Fraud

Inventor loses patent, blames law office negligence. $61.5M. San Diego County.

Negligent office procedures by law firm lead to loss of client's patent protection.

Case Name: Asbaghi v. Nydegger
Date of Verdict or Judgment: Thursday, October 20, 2016
Type of Case: Breach of Fiduciary Duty, Legal Malpractice

Law firms dispute sharing of $12 million fee award in class action. Bench verdict for defense.

Business law firm suggests a class action and class representative to plaintiffs' class-action firm; expects split of $12 million fee award, but defendants say they cannot ethically pay it.

Case Name: Barnes, Crosby, Fitzgerald & Zeman, LLP v. Jerome Ringler; Ringler, Kearney & Alvarez, LLP; Patrick McNicholas; Matthew McNicholas; and McNicholas & McNicholas, LLP
Date of Verdict or Judgment: Sunday, July 10, 2016
Type of Case: Breach of Contract, Breach of Fiduciary Duty, Fraud

Lawyer, others promise home loan modifications. Fraud. $96K. Orange County.

A lawyer, now disbarred, and his associates offer home loan modification services, but don't perform after taking plaintiffs' money.

Case Name: Atilano Villalon et al. v. Gary Lee Lane, et al.
Date of Verdict or Judgment: Wednesday, June 24, 2015
Type of Case: Breach of Contract, Breach of Fiduciary Duty, Breach of Good Faith, Business & Professional Codes, Consumer Protection, Elder Abuse, Fraud, Legal Malpractice, Professional Malpractice

Real estate loans go sour and senior woman blames long-time broker. $1.18 million. U.S. Eastern District Bankruptcy Court.

64-year-old instructs long-time realty broker/financial advisor to sell her rental properties; instead, he refinances properties and invests proceeds in real estate loans that go bad. $1.18 million verdict includes punitives.

Case Name: Andre v. John Roe real estate broker
Date of Verdict or Judgment: Friday, March 21, 2014
Type of Case: Breach of Fiduciary Duty, Elder Abuse, Fraud

$280,000 verdict against trustee who mishandled trust funds. Tehama County.

When professional trustee of family trust uses funds to invest in his own investment company, family cries foul!

Case Name: Russell Family Trust v. Richard A. Cox
Date of Verdict or Judgment: Tuesday, July 03, 2012
Type of Case: Breach of Fiduciary Duty