Limited Liability Company v. Lender

Practice Area: Real Estate
Date: 2011
Outcome: The judge granted our motion to dismiss and awarded attorneys' fees to our client.
Description: Our client, sold their commercial property to a limited liability company with a carry back note. When the company stopped paying on the loan, our client started the foreclosure process on the property. After the company sold the property and our client was paid, the claim against the property was released. The company then improperly sought to have our client pay its attorneys' fees. The judge dismissed the company's complaint and awarded attorneys' fees to our client, to be paid by the company and its attorney.

Homeowners v. Subcontractor

Practice Area: Construction / Development
Date: 2011
Outcome: My client was dismissed from the lawsuit.
Description: Homeowners sued a general contractor and all the subcontractors. My client, was one of the subcontractors and had performed good work; the homeowners had never complained about their work. The homeowners did not respond to requests for information. I filed a motion to dismiss. The court granted it and our client was saved the expense of an unnecessary lawsuit.

Credit Card Company v. Bank Account Holder

Practice Area: Debt Collection
Date: 2010
Outcome: Our client's frozen funds were released and the credit card company paid our attorneys' fees.
Description: A credit card company froze a bank account belonging to our client, a person that did not have a credit card with the company. After the company refused a reasonable settlement offer, we requested a hearing for our client. The judge ruled in our client's favor and awarded attorneys' fees, which the credit card company paid.

Landlord v. Renters

Practice Area: Bankruptcy / Chapter 7
Date: 2010
Outcome: Eviction allowed to continue against renter who filed bankruptcy.
Description: Our client, a landlord, rented to a couple who were skilled at using the bankruptcy system to stay in an apartment after they stopped paying rent. The renters filed for bankruptcy to stop the eviction. The bankruptcy court lifted the bankruptcy stay for my client and allowed the eviction proceeding to continue. (This renter had filed for bankruptcy at least five times in 10 years to avoid being evicted).

Ex-Wife v. Deadbeat Husband

Practice Area: Trusts
Date: 2009
Outcome: Court ordered the trustee to pay ex-husband's share of the trust to my client.
Description: Ex-husband owed more than $200,000 in child support. After several motions and a hearing, the judge ordered the trustee of his parents' trust to pay our client the ex-husband's share of the trust.

Daughter v. Fire District

Practice Area: Medical Malpractice
Date: 2009
Outcome: Court granted our motion to dismiss.
Description: Plaintiff, the daughter of a woman who died of a heart attack, claimed our client failed to timely respond to a call. The call occurred in another fire district's area. Plaintiff failed to properly serve our client, and the judge granted our motion to dismiss for improper service of process.

Mother v. Insurance Company

Practice Area: Insurance
Date: 2008
Outcome: The judge ruled in our client's favor without having to go to trial.
Description: Plaintiff, the mother of a person who died in an accident, filed a complaint against the insurance company, our client, claiming that South Dakota law applied to an Arizona insurance contract and an Arizona motor vehicle accident. The judge granted our Motion for Summary Judgment in favor of our client.

Alleged Injured Person v. Homeowner

Practice Area: Personal Injury
Date: 2008
Outcome: Arbitrator ruled in my client's favor.
Description: Plaintiff, a pizza delivery man, claimed he was injured when he "fell" into a hole on my client's deck. Minutes before he fell, my client pointed the hole out to the Plaintiff and told him not to go near it. The court ordered us to participate in mandatory arbitration. At arbitration, the arbitrator awarded Plaintiff nothing and ruled in our favor.