Joshua A. del Castillo

Litigation and Bankruptcy

• Commercial Lenders. Large bankruptcy and breach of contract dispute, in both state and federal courts.
• Developers. Preferential transfer claims brought by bankruptcy trustees.
• Law Firms. Bankruptcy of a large client.
• Mortgage Lenders. Multiple commercial litigation matters, in both state and federal courts, including courts of appeal.
• Non-Profit Organizations. Pro bono assistance to a non-profit organization representing indigent and low-income workers in employment disputes.

Federal Equity Receiverships

• Securities and Exchange Commission v. Plus Money, Inc., et al., (U.S. District Court, Southern District of California). Represented a receiver in an enforcement action alleging a $45 million Ponzi-like investment scheme based on purported covered-call option trading. Receiver marshaled assets and distributed funds to defrauded investors.
• Securities and Exchange Commission v. Pacheco, et al., (U.S. District Court, Southern District of California). Represented a receiver in an enforcement action alleging a $15 million Ponzi-like investment scheme bases on purported covered-call option trading. Receiver marshaled assets and distributed funds to defrauded investors.
• Securities and Exchange Commission v. Medical Capital Holding, et al., (U.S. District Court, Central District of California). Represented a receiver in an enforcement action alleging a Ponzi-like investment scheme which raised over $1 billion, ostensibly to purchase medical receivables.
• Securities and Exchange Commission v. Global Online Direct, Inc., et al., (U.S. District Court, Northern District of Georgia). Represented a receiver in an enforcement action alleging that the defendant entities raised over $45 million through the sale of unregistered securities.
• Securities and Exchange Commission v. Trabulse, et al., (U.S. District Court, Northern District of California). Represented a receiver appointed to monitor a hedge fund, at the request of the Securities and Exchange Commission.
• Federal Trade Commission Consumer v. Advocates Group, LLC, et al., (U.S. District Court, Southern District of California). Represented a receiver in an enforcement action alleging deceptive and fraudulent mortgage modification practices.

Real Property Receiverships

• Wachovia Bank, NA v. Downtown Sunnyvale Residential, LLC, et al., (Superior Court of California, County of Santa Clara). Represented a real property receiver appointed over a large-scale commercial development in connection with successfully securing trial court approval of the receiver's administration and improvement of the development, as well as approval of the receiver's compensation and discharge request.
• First Citizens Bank & Trust Co. v. NDustrial Drive LLC, et al., (Superior Court of California, County of San Joaquin). Represented a real property receiver appointed to administer receivership estate substantially comprised of abandoned recycling facility. Assisted receiver with site clean-up, marketing, and sale efforts.
• Hana Small Business Lending, Inc. v. Rock Petroleum, Inc., et al., (Superior Court of California, County of Riverside). Represented a real property receiver appointed to administer, and ultimately sell, receivership estate comprised of multiple service stations, convenience stores, and attendant contracts and permits.
• Excel National Bank v. Tolosa Sison Family Corp., et al., (Superior Court of California, County of San Mateo). Represented a real property receiver appointed to administer receivership estate substantially comprised of service station and convenience store assets.

Regulatory Compliance

• Real Property Brokerage. Represented one of the Southwest's largest real property brokerages in litigation alleging a violation of federal consumer protection statutes.
• Lenders and Institutional Investors. Litigation alleging systematic violations of the Fair Credit Reporting Act. Represented national institutional investor in connection with revision of internal policies and procedures for compliance with new or revised consumer protection statutes. Represented lender in connection with action implicating Bank Secrecy Act and Gramm-Leach-Bliley-Act matters.
• Telecommunications Business. Policies and procedures for compliance with new or revised consumer protection statutes.
• Public Interest Organizations. Provided analysis of applicability of provisions of Dodd-Frank Act to highly publicized business practices of so-called buy-here / pay-here automobile dealerships.