Our Results With Commercial Matters
Federal District Court – Food Contamination – Uniform Commercial Code
Defended food ingredient supplier in case involving alleged GMO-contamination and prosecuted claim against upstream grain supplier; retained experts and secured genetic PCR genetic testing. Defeated summary judgment motion based on Daubert attack and secured confidential settlement before trial.
Defense of International Automobile Manufacturer—Lemon Law
Served as local counsel for international automobile manufacturer in defense of Lemon Law lawsuit.
Employee Rights, Unpaid Commissions, Salary, Benefits.
Asserted claims of California employee against out-of-state former employer for unpaid commissions, salary and benefits.
Independent Sales Representatives—Unpaid Commissions.
Recovery of unpaid commissions due to terminated independent contractors; assertion of claims for treble damages under California’s Independent Wholesale Sale Representative Contractual Relations Act against out-of-state company for willful failure to comply.
Removal To Federal Court From State Court.
Removed separate state court matter to federal court; consolidated and settled the lawsuits.
Collection Claims—Defense Of Foreign National.
Defend foreign national residing in United States against stale claims brought by lender on loan originating in foreign country.
Homeowners Association (HOA) Claims.
Asserted claims for revocation of parking rights at condominium parking complex; failure to follow proper procedures under Davis Stirling Act.
Judgment Renewal And Enforcement.
Renewed California Judgment before 10-year expiration deadline; assist client in locating out-of-state counsel to enforce judgment in the new location to which the judgment debtor had moved.
Federal Court Claims Against International Defendant.
Coordinate defense of federal court action brought against Canadian company over alleged failed investment; work with Canadian counsel.
Unpaid Invoices—Enforcement; Defense Of Counterclaims.
Asserted claims in federal court for unpaid invoices arising out of sale of commercial products; defend against asserted breach of warranty and misrepresentation claims.
Defense Of Foreign Lawsuits.
Provide US clients with assistance in locating foreign counsel in various foreign jurisdictions (Italy, United Kingdom)
Representation Of Creditor In Bankruptcy Non-Dischargeability Trial
Firm represented judgment creditor in bankruptcy through trial on non-dischargeability of debt arising out of fraudulent lending transaction.
Southern California Manufacturer vs. Out-Of-State Distributor (U.S. District Court, Central District, Riverside).
Obtained a grant of partial summary judgment. Secured a settlement and stipulated right to judgment to enforce payments to client.
Southern California Manufacturer vs. International Vendor (U. S. District Court)
Represented a Southern-California automotive product manufacturer seeking recovery of damages from one of its vendors, a multinational industrial conglomerate. Plaintiff alleged breach of Uniform Commercial Code express warranty, implied warranty of fitness for a particular purpose, implied warranty of merchantability, breach of contract, fraud. The Firm defeated three motions to dismiss and/or strike and a motion for partial summary judgment. Confidential settlement.
Dispute Between Former Business Associates (Orange County Superior Court; California Court of Appeals)
Representing the defendant, the Firm was successful in setting aside a 2-year old “default judgment” after another’s motion to vacate the judgment was denied. Subsequently, the Firm won a “summary judgment” ending the case at the trial level. Plaintiff filed an appeal. The Firm obtained a unanimous decision of the appellate court upholding the trial court judgment.
Litigation Outside California For Local Company—Internet CAN-SPAM Lawsuit—Mortgage Loan Lead Marketing (U. S. District Court)
On behalf of a local client sued in federal court out-of-sate, the Firm located and engaged an affordable out-of-state law firm, then assisted that law firm in bringing a successful motion to dismiss based on lack of jurisdiction.
Local Manufacturer/Distributor vs. Fortune 500 Manufacturer—Dispute Over Pricing In Contract
Represented Fortune 500 manufacturer in arbitration brought by distributor/customer alleging violation of contract exclusivity and improper pricing in co-packing agreement. Confidential settlement.
Former Employee vs. Former Employer—Wrongful Competition, Trade Secrets
General manager left long-term employer to form own business. The former employer obtained a temporary restraining order (TRO) prior to Firm’s involvement. General manager hired the Firm and filed a cross-complaint. The Firm obtained an order dissolving the employer’s TRO and denying the requested preliminary injunction. The Firm represented the former general manager in a cross-complaint against the former employer. Confidential settlement.
Director Liability—Alleged Predatory Lending.
Represented company employee/director of NASDAQ-listed company named as defendant in alleged predatory lending case. Negotiated settlement with regulatory officials and claimants, extracting director from ongoing litigation.
Joint Venture Dispute/Trademark Misuse
Co-represented manufacturer/trademark owner after joint venture partner allegedly breached a joint venture agreement and continued to use trademark name. Defeated summary judgment motions in United States District Court. Confidential settlement.
Commercial Insured vs. Property Casualty Insurer—Insurance Bad Faith.
Co-represented Orange County company in lawsuit against insurance carrier for bad faith refusal to pay for theft losses and property damage under a property/casualty insurance policy. Defeated summary judgment motion. Confidential settlement.
Retired Couple vs. Investment Advisory Firm
Unsuitable recommendations. Represented retired couple who were sold variable annuities and investments. Complaint alleged unsuitable investments, compliance failure of securities broker dealer, and liability under Business & Professions Code Section 17200 –unfair, fraudulent, or deceptive practices. Defeated motion for judgment on pleadings. Confidential settlement.
Former Employee vs. Southern California Manufacturer
Alleged Sexual Harassment (2001). Defended Southern California manufacturer against lawsuit brought by a former employee who alleged that her leaving employment was the result of sexual harassment. Confidential settlement.
Widow vs. Investment Advisory Firm—Variable Life Insurance Policy—Multi-level Marketing
Represented widow who was sold a variable universal life insurance policy through multi-level marketing operations. Confidential settlement.
Disabled Accident Victim vs. Stock Broker—Churning, Unsuitable Investments
Represented disabled accident victim whose settlement was entrusted to stockbroker. Confidential Settlement.
Employer vs. Former Employee Claiming Federal Securities Fraud Based On Stock-Buy Back Agreement.
Attorney Jeff Robinson obtained dismissal of federal SEC Rule 10b-5 securities lawsuit brought by former employees against employer arising out of stock-buy back agreement. Obtained summary judgment that alleged damages did not meet the “loss-causation” standard of SEC Rule 10b-5, resulting in published decision. Wong v. Thomas Bros. Restaurant Corp., (U.S.Dist. Ct., Central District of California 1994) 840 F. Supp. 727 (prior to formation of Robinson & Robinson, LLP).
Manufacturer v. State of California, Department of Food and Agriculture–Judicial Challenge To State Administrative Order.
Attorney Jeff Robinson co-represented cheese manufacturer in challenge to administrative order of California Department of Food and Agriculture setting minimum wholesale “Class 4b” milk prices payable by cheese manufacturers. Obtained writ of mandate at trial court level, resulting in promulgation of new order by Department. Co-handled the appeal of the writ of mandate and subsequent challenge to the new order on grounds of regulatory taking. Golden Cheese Co. of California v. Voss, (1991) 230 Cal. App. 3d 547 (challenge to regulation of wholesale minimum milk prices); Golden Cheese Co. of California, (1991) 230 Cal. App. 3d 727 (inverse condemnation by regulation) (prior to formation of Robinson & Robinson, LLP).