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

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

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

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

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

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

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: Thursday, March 20, 2014

$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: Monday, July 02, 2012