RESULTS

SUCCESSFUL SETTLEMENT OF CONTRACT TERMINATION CASE FOR INTERNATIONAL ENGINEERING COMPANY
Business & Commercial Litigation, Breach of Contract

Tom Davis was lead trial counsel and brought suit on behalf of a large Chicago-based engineering firm specializing in large civil engineering projects, including hydroelectric dams and large tunnel projects.  The engineering firm, hired as a subcontractor on a proposed nuclear waste disposal project in Nevada, was wrongfully terminated and sued for breach of contract, unfair competition, and fraud.  After successfully defeating a motion for summary judgment (notwithstanding that the contract had an apparent unqualified termination clause), the case was settled in favor of the firm's client for more than $1,000,000.

FEDERAL COURT SUMMARY JUDGMENT VICTORY
Business & Commercial Litigation, Breach of Contract

In a matter before the California District Court, the firm represented a large commercial property company in a contract dispute arising out of a breach of a purchase agreement on a 150,000 square foot building in Orange County, California.  Our client, the seller of the property, brought an action against the non-compliant purchaser who had refused to close the sale, alleging that the environmental condition of the property, including existence of various hydrocarbons and other toxic chemicals on the site, had been misrepresented.  We successfully prosecuted a motion for summary judgment that resulted in judgment in favor of our client in excess of $300,000.

FAVORABLE OUTCOME FOR HOMEOWNERS' ASSOCIATION

Homeowners' Association Litigation

The firm represented a homeowners’ association in Orange County Superior Court in a suit against a holding company and other entities arising out of a long-term lease and related easement agreements.  The dispute revolved around the use by an upscale resort hotel of a beach club and the resort’s access rights to the ocean.  After successfully defeating a motion for summary judgment brought by the defendants, a very favorable settlement was reached whereby the resort was granted limited access to the beach and beach club in exchange for payment to the association in excess of $1,000,000.  Further, the settlement precluded the resort from accessing the ocean on or through the streets of the association, and required the defendants to pay all attorneys’ fees and costs incurred by the association.

WIN FOR HOMEOWNERS AND $1,200,000 FEE AWARD FOR DAVIS TOFT'S CLIENTS

Homeowners' Association Litigation​​​

Davis Toft defended 214 homeowners and their homeowners' association in an action filed by the owners/ground lessors of an oceanfront development in south Orange County, California.  After four years of litigation, and a trial, the court found in favor of all defendant homeowners, awarding them over $1,200,000 in attorneys' fees and costs (100% of the amount sought).

RENT ESCALATION CLAUSE IN REAL PROPERTY LEASE DEEMED UNCONSCIONABLE

Real Estate Litigation

The firm represented 80 condominium owners in a suit seeking to eliminate a rent escalation clause contained in their long‑term land leases.  At trial, the court found in favor of our clients and held the lease clause to be unconscionable.  As a result, the matter was eventually settled resulting in a rent savings to the condominium owners of hundreds of thousands of dollars over the balance of the leases.

FAVORABLE SETTLEMENT OF OVER 100 CASES FOR REAL ESTATE DEVELOPER CLIENT 

Construction Defect Litigation

The firm defended a series of consolidated cases (in excess of 100 in all) filed in Orange County Superior Court by various homeowners against a real estate developer and others, including a civil engineer whom we represented, for alleged construction defects.  The total settlement of these cases exceeded $30 million, but our client was required to contribute only $35,000 to the settlement.

DIRECTED VERDICT AFTER THREE-WEEK JURY TRIAL FOR DAVIS TOFT'S CLIENT 

Business & Commercial Litigation 

The firm defended a large Utah-based company in a breach of contract suit related to the purchase and sale of mining claims in California.  The plaintiffs, the owners and investors in the various mining claims, sought in excess of $1,000,000 in damages.  This matter went to a three-week jury trial, which resulted in a directed verdict in our client’s favor, on all but one of the plaintiffs’ causes of action.  The evening before the final cause of action was to go the jury, the plaintiffs agreed to dismiss the remaining cause of action in exchange for a waiver of costs.

FAVORABLE SETTLEMENT AT MEDIATION FOR DAVIS TOFT'S CLIENT IN $350 MILLION CASE 

Business & Commercial Litigation, Real Estate Litigation

In the Complex Division of the Superior Court of Orange County, the firm represented an Orange County-based land developer in an acrimonious partnership dispute in which the opposing party demanded more than $350,000,000.  The matter involved numerous complex issues, including multiple cross and counter-claims, 37 separate corporate entities, and property rights throughout the state of California.  The matter resulted in a favorable settlement at mediation.

MOTION FOR NON-SUIT GRANTED ON THE FIRST DAY OF TRIAL 

Construction Defect & Defense, Engineers & Architects

In a series of eight consolidated construction defect case, involving 75 homes, the firm represented a civil engineering company sued over multiple allegations, including defective design of surface drainage systems.  The plaintiffs contended that the drainage design should have taken into account existing natural adverse soil conditions and seismic activity.  The plaintiffs’ settlement demand on our client was $1,000,000.  On the first day of trial the Court awarded a non-suit in favor of our client; the case against the dozen remaining defendants lasted several months.

CASE DISMISSED IN EXCHANGE FOR WAIVER OF COSTS IN $10.5 MILLION LAWSUIT 

Construction Defect & Defense, Engineers & Architects

In a homeowners’ association case involving common areas, perimeter fencing, and block walls throughout a master planned community in Carlsbad, we represented a civil engineering firm sued by the community’s developer.  Allegations included defective design of surface drainage systems, fencing, and retaining walls.  The plaintiffs’ repair estimate was more than $10,500,000.  By way of mediation, the claims against our client were eventually dismissed in exchange for a waiver of costs.

DAVIS TOFT DEFENDS INVOLUNTARY CORPORATE DISSOLUTION ACTION AND CRAFTS SHAREHOLDER BUYOUT AGREEMENT 

Business & Commercial Litigation 

Davis Toft assisted a 50% shareholder of a corporation that manufactured athletic apparel in a lawsuit whereby the holder of the remaining 50% of the shares of the corporation initiated an involuntary dissolution action.  With the assistance of Davis Toft, the corporation was not dissolved.  Moreover, Davis Toft's client was able to purchase the remaining 50% of the shares from the shareholder who initiated the action, and the corporation is still doing business to this day.

SUMMARY JUDGMENT FOR CIVIL ENGINEERING CLIENT IN MULTI-MILLION DOLLAR CASE 

Engineers & Architects 

​Davis Toft defended a civil engineering firm in a suit filed in Los Angeles Superior Court.  The case was filed on behalf of a young girl who was severely injured when struck crossing a road constructed as part of a new housing development in north Los Angeles County.  The driver of the car had no appreciable amount of insurance to cover plaintiff’s damages, which were alleged to exceed $20,000,000.  The plaintiff sought to  focus her allegations against the city, the developer, and the design​ engineers for alleged defective design of the roadway and intersection where the accident happened.​  Davis Toft represented one of the civil engineering firms that worked on the project.  Davis Toft successfully obtained the dismissal of our client by way of a motion for summary judgment, convincing the court that this engineering firm had no responsibility for the design of this portion of the project.  Other defendants settled out of court, paying in excess of $12,000,000 while others remained in the case for trial.

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