Our Clients Come First | Incisive representation in Business and Commercial Litigation.

 

Verdicts & Settlements

● October 2013: Jury verdict in favor of client, Plaintiff, awarding $39,000 in compensatory damages and $93,000 in punitive damages for fraud and conversion in lawsuit against defendant who bought a business from Plaintiff

● September 2013: Summary judgment in favor of commercial building owner against contractor who was licensed to do only portion of work performed, unlicensed for other portions of work, defeated argument to “apportion” charges among licensed and unlicensed work

● July 2013: Summary judgment in favor of defendant professional client for aiding and abetting liability, prevailed on argument that plaintiff settlement with alleged primary tortfeasor was res judicata as to claim against client for aiding and abetting liability, terminating six-year litigation in favor of client, client subsequently awarded attorney fees and costs in client’s favor

● July 2013: Obtained summary judgment in federal court in favor of telecommunications client that municipality’s denial of cell tower permit application violated “substantial evidence” requirement of Federal Telecommunications Act

● June 2013: Negotiated multi-party settlement of payment bond claims on Abengoa solar project, Gila Bend, AZ

● May 2013, federal district court bench trial, obtained verdict and judgment in favor of defendant against allegations of fraud and piercing corporate veil; multimillion-dollar lawsuit against client defendant resolved with successful trial result and previous summary judgment strategy that reduced number of claims to be tried, $0 liability to client after three-year interstate litigation

● March 2013: Arbitration award in favor of subcontractor client against general contractor on theory that general contractor client was barred from alleging workmanship as defense against payment because contractor did not provide objections to payment applications as required by Prompt Pay Act

● November 2012: Defeated motion to compel arbitration of fraud claims based on case law that language of arbitration agreement was “narrow,” not broad

● April 2012: Favorable office of administrative hearing ruling for client general contractor recommending dismissal of Registrar of Contractor complaint against contractor, holding that owners’ failure to pay undisputed sums on contract allowed contractor to stop work under the Prompt Pay Act

● March 2012: Obtained a reversal on appeal on the question of whether the opposing party “anticipatorily repudiated” a contract by terminating the contract without first giving our client the opportunity to cure an alleged breach, published as Thomas Montelucia Villas, LLC, 1 CA-CV 10-0761 (March 27, 2012)

● March 2012: Obtained summary judgment for bank client on theory that it was equitably subordinated to a “first position” deed of trust when it paid off the original first position lender

● February 2012: Defended plumbing infrastructure contractor obtaining dismissal of Registrar of Contractor’s complaint after evidentiary hearing before Office of Administrative Hearings

● December 2011: Obtained injunction for Scottsdale nightclub business preventing former partner from locking business out of property where business was operating

● March 2011: Favorable settlement of multi-year litigation including bankruptcy non-dischargeability order in case involving conversion of client funds

● March 2011: Bench trial award in favor of defendant client (lender) against plaintiff on plaintiff’s request for provisional remedy in excess of $400,000, summary judgment subsequently granted in favor of client on defendant’s theory that lender was liable for borrower’s debts after foreclosure on borrower’s assets

● February 2011: Representing subcontractor lien claimant, defeated title insurer motion to dismiss, court held on motion to dismiss that client is entitled to bring lien claim against private party that has leasehold interest on tribal land

● February 2011: Representing subcontractor lien claimant, obtained favorable settlement for client on Tempe Centerpoint condominium project after successfully avoiding summary judgment motion that lien claimants do not have priority over lender

● September 2010: Jury verdict for client against homeowners association for $777,000 in damages, with trial court order for injunctive relief, plus award for fees and costs; verdict upheld on appeal, total collected in judgment, fees and interest in excess of $1 million

● August 2010: Administrative Law Judge award in favor of subcontractor client against general contractor defendant for failing to pay money owed on subcontract February

● August 2010: Part of successful appellate team in

Arizona Tile v. Berger, published court of appeals decision holding owners of contracting companies personally liable for diversion of funds on owner-occupied construction projects

● October 2009: Office of Administrative Hearings award for contractor client against former employee and qualifying party on claims contractor client improperly used employee’s name as qualifying party and contracted outside scope of work

● October 2009: Office of Administrative Hearings award for contractor against homeowner alleging contractor performed defective work on residential remodeling project

● November 2002: Arizona federal district court, summary judgment granted to client in wrongful death case alleging client, a national engineering firm, negligently designed a freeway on-ramp

● February 2003: California superior court, Los Angeles County, summary judgment granted to client exonerating client, a national steel fabrication and erection subcontractor, for liability for costly “bust” in location of steel farming for multi-level theater

● January 2004: Arbitration award of $697,843 in three-member A.A.A. Arbitration, in favor of client, heavy-construction highway paving subcontractor, against general contractor for violation of ADOT prompt payment act, and also for substantial damages for project delay by general contractor

● March 2004: Summary judgment dismissing general contractor’s claim for liquidated damages against landscape subcontractor on public works project

● July 2004: Rule arbitration award for general contractor against homeowner for failure to pay $20,781 for home remodel

● December 2004: Jury verdict and final judgment totaling $597,708 in Maricopa County Superior Court, entered in favor of client, a software and programming developer, for breach of contract

● November 2005: Condemnation award of $279,721 in favor of client, whose lease was condemned by Maricopa County, after bench trial in Maricopa County Superior Court

● January 2005: Successful appeal to Arizona Court of Appeals reversing trial court and Maricopa County Planning & Zoning decision that revoked client’s permit to build cell tower facilities

● March 2006: Rule arbitration award in favor of general contractor against subcontractor for subcontractor’s failure to install doors correctly in residential remodeling project, $15,566 for costs of repairing doors and flood damage, plus costs and fees

● March 2006: Co-Counsel in Maricopa County Superior Court, jury verdict in favor of client against attorney for professional negligence, total jury verdict of $720,000 and total judgment of in excess of $1.14 million after pre-judgment interest and costs

● September 2006: Successful defense of client in Arizona Liquor License and Control Board administrative hearing against liquor license revocation where the Administrative Law Judge not only found against the Department of Liquor License and Control on all counts but also awarded the client its attorney fees and costs finding that the Department’s action was not substantially justified

● November 2006: Jury verdict in Maricopa Superior Court in favor of client, residential general contractor, against homeowners, total of $443,093 judgment for client for unpaid fees, Arizona Prompt Payment Act interest, attorney fees and costs

● March 2007: Registrar of Contractor award of $4,000 after administrative hearing, in favor of clients, homeowners, who alleged they were defrauded by insulation installation contractor promising savings from insulation system

● April 2007: Jury verdict of $75,000 for minor injured when she was kicked by a horse

● May 2007: Order of specific performance for conveyance of real estate in favor of client, buyer of real estate, against seller after bench trial in Maricopa County Superior Court

● May 2007: Order by Maricopa County Superior Court in favor of client, a general contractor, against the Arizona Registrar of Contractors, holding that the Registrar improperly revoked contractor’s license, with award of attorney fees and costs for client against the Registrar

● July 2007: Co-Counsel in Maricopa County Superior Court, jury verdict in favor of client against real estate developer for breach of contract, breach of fiduciary duty and conversion, jury verdict of $3,154,382 compensatory damages and $1,261,753 in punitive damages, and total judgment of in excess of $4.6 million

● September 2007: Rule arbitration award of $20,000 for client general contractor versus homeowner

● December 2007: Private arbitration award for concrete subcontractor client against general contractor on ADOT project, total award of $117,422

● January 2008: Obtained court order after evidentiary hearing in Maricopa County Superior Court that general contractor’s mechanic’s lien placed against residence was invalid because it was materially overstated