Record of Success

PALUMBO BERGSTROM, LLP

REAL ESTATE - Record of Success

Client Details: National developer and management company.
Case Details: Jury award of $1.675 million for the client. The firm's attorneys successfully argued that its clients' subcontractors should be held liable for the claims, despite California laws which limit subcontractor liability to claims of negligence, breach of contract or breach of warranty. The firm utilized 3-D and multimedia graphics, including a detailed timeline, to help the jury visualize the complex technical issues.

Client Details: Large Northern California developer facing multimillion dollar claims by homeowners' association.
Case Details: Case involving a $3.4 million claim was settled, with the firm's client paying less than 1%. In evaluating settlement strategy, the firm conducted a mock trial at Jury Research Institute, providing valuable insights that were pivotal in the favorable resolution of the case.

Client Details: Major Nevada Residential Developer
Case Details: Settlement in favor of client at trial in Las Vegas, Nevada creating precedent for developer's recovery of all fees, costs and indemnity payments from subcontractors.

Client Details: Represented large financial institution and developer of a 228-unit complex.
Case Details: Plaintiff's $4 million settlement demand reduced to $1.1 million, with the firm's clients paying only 10%.

Client Details: Oakland State Building Authority.
Case Details: Plaintiff sought over $13 million in damages. Settlement was achieved through "mini-trials" for $3.6 million, of which the firm's client paid less than 5%.

Client Details: Major California real estate development company engaged in land acquisitions and development.
Case Details: Represented client in acquisitions, construction loans and permanent financing transactions in excess of half a billion dollars.

BUSINESS AND COMMERCIAL LITIGATION - Record of Success

Client Details: Major international financial institution seeking damages against large commercial developer for bad faith waste.
Case Details: Jury award of $8.33 million in punitive damages and $400,000 in compensatory damages to firm's client. This made it the first California case in which a jury awarded punitive damages for the failure to pay real estate taxes.

Client Details: Corporation
Case Details: The case involved a recovery action in which the trial court awarded 100% of the damages requested against nonparticipating carriers, totaling $1,186,135.10, including 100% defense fees/costs and an allocated amount of the indemnity settlement paid by the developer in proportion to the trade.

Client Details: Private Government Contractor
Case Details: Successfully defended client in a consolidated multidistrict litigation in federal court in New York and in a separate California action against claims of privacy rights violations by passengers of a major US airline alleging upward of $100 million in damages. Federal court granted our client's motion to dismiss in the federal action. The California Appellate court upheld our client's demurrer in the state action. After recovery of defense fees and costs paid by the client, the client paid $500 to defend the entire actions.

Client Details: Major international concrete contractor facing claims of sulfate attack.
Case Details: Jury award of $1.675 million for the client. The firm's attorneys successfully argued that its clients' subcontractors should be held liable for the claims, despite California laws which limit subcontractor liability to claims of negligence, breach of contract or breach of warranty. The firm utilized 3-D and multimedia graphics, including a detailed timeline, to help the jury visualize the complex technical issues.

Client Details: Individual shareholder of a closely held corporation.
Case Details: Successfully defended shareholder client in federal court from claims made by the corporation for breach of fiduciary duty relating to complex tax restructurings of real estate limited partnerships. The directed verdict in favor of the firm's client was upheld in a published opinion by the Ninth Circuit Court of Appeals.

Client Details: Major financial institution.
Case Details: Successfully defended national bank on $1.3 million accounting claim by surety, resulting in less than 4% of damages claimed after two-week bench trial.

Client Details: Residential California real estate developer experiencing cash flow and financing difficulties.
Case Details: Accomplished successful negotiated "work-out" with major California bank preventing foreclosure on over 100 million dollars of developer's properties.

Client Details: City of San Diego
Case Details: Defended the City of San Diego in a declaratory relief cause of action brought by its insurer in the United States District Court, Southern District of California. Insurer was seeking reimbursement of defense costs and indemnity payments in excess of 8 million dollars. Result: Judgment entered on behalf of the City of San Diego, granting the City's motion for summary judgment.

CONSTRUCTION DEFECT RECOVERY ACTIONS - Record of Success

Client Details: Corporation
Case Details: Recovery action in which the trial court awarded 100% of the damages requested against non-participating carriers, totaling $1,186,135.10, including 100% defense fees/costs.

PERSONAL INJURY DEFENSE - Record of Success

Client Details: Commercial merchant
Case Details: A personal injury case in which the plaintiff suffered a severe knee fracture and ligament tear. Disputed was liability. The past medical specials amounted to $65,000. The Jury Verdict was $23,000.00.

Client Details: Owner of vehicle/driver
Case Details: A Wrongful Death case involving three pedestrians struck by the defendant's vehicle. The two surviving plaintiffs settled before trial and the estate of the decedent demanded $1 million. During trial we reached a stipulated judgment amounting to $50,000.

Client Details: Owner of vehicle/driver
Case Details: A Wrongful Death case involving a middle-aged man walking his dog across the street in a crosswalk. The estate demanded $10 million. Before trial we reached a stipulated judgment in settlement in the amount of $4.5 million.

Client Details: Owner/driver
Case Details: An automobile accident with a motorcyclist. Liability was admitted. The plaintiff was riding a motorcycle on Pacific Coast Highway when he was struck by a vehicle driven by the defendant. The plaintiff suffered severe Injuries, involving multiple surgeries. The plaintiff demanded $1.125 million [CCP offer]. The Jury Verdict was $ 929,253.62.

Client Details: Commercial Landscape Company
Case Details: A truck vs. automobile accident. Liability was admitted. The plaintiff suffered injuries including a fractured writ, claims of RSD, Chronic pain syndrome. Plaintiff demanded $250,000. The jury verdict was $127, 211.00.

Client Details: Commercial Trucking Company
Case Details: A collision between a semi-truck and a passenger vehicle driven by the plaintiff. The plaintiff suffered personal injuries which included a rotator-cuff, and a torn subscapularis tendon. The plaintiff's demand was $700,000. The jury verdict was $127,000.00. After post-trial costs were offset, the net verdict amounted to $103,400.00.

Client Details: Owner/driver
Case Details: An automobile accident with personal injuries. Liability was disputed. The plaintiff's demand was $200,000.00. The jury found for the defense.

Client Details: Owner/driver
Case Details: A personal injury action arising from a vehicle accident. Liability was disputed. The plaintiff's demand was $250,000.00. Jury Verdict Result: Defense Verdict

EMPLOYMENT LAW - Record of Success

Client Details: Fortune 500 Company.
Case Details: Successfully defended an international Fortune 500 company, winning summary judgment in a race discrimination, retaliation and COBRA lawsuit filed by an employee of 30-plus years.

Client Details: Internationally renowned ballet company
Case Details: The firm represented a leading ballet company's management in successfully negotiating settlement of the dancers' and musicians' unfair labor practice claims.

Client Details: Major U.S. brewery
Case Details: Defended a major U.S. brewery in two simultaneous race discrimination claims, resulting in confidential nuisance value settlement during trial.

GENERAL BUSINESS AND CORPORATE LAW - Record of Success

Client Details: Leading international credit card company.
Case Details: The firm's attorneys led negotiations on 11 major promotional marketing agreements for international credit card company.

Client Details: Shareholders of medical practice corporations and regional surgery center.
Case Details: Facilitated buyout and merger of highly successful regional outpatient surgery center and local medical practice corporations.

Client Details: Patent holder and creator of non-invasive surgical technology
Case Details: Advised as to California to Nevada business relocation, set-up and regulatory compliance issues.

Client Details: Family -owned French winery in $30 million reorganization
Case Details: Assisted winery in avoiding foreclosure of its U.S. subsidiary. The firm's attorneys collaborated with French and European counsel as part of a substantial reorganization.

Client: Corporation
Result: Successfully defended a case of first impression on appeal dealing with an attempt of a franchisor to bypass well recognized statutes addressing claims of fraudulent transfer by simply adding the third-party corporation allegedly holding the franchisor's assets to the judgment rendered against the franchisee. Though the trial court granted the motion, the Court of Appeal reversed the ruling on the grounds that California did not recognize this as a remedy for enforcing a money damages judgment.

Additional Insured Recoveries:
The firm has frequently been successful in securing 100% funding of defense fees and costs and/or indemnity from additional insuring carriers in cases where no prior recovery services were performed and the underlying case has concluded.
Clients: Major Residential/Commercial Developers Result: Limiting defense and indemnity contributions on behalf of the firm's builder/developer clients. Examples include:

Settlement of a 21 home case for approximately $10,275 per home, with clients' exposure at zero.
Global settlement of 38 home case for approximately $10,800 per home, with clients' total exposure at under $13,000 or 2.95%.
Global settlement of $1,500,000.00, with subcontractor settlements of $1,410,095.00, leaving the clients' share at $89,905.00 or just under 6%.