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Litigation & Counseling

Jury Trials

Our Jury Trials Practice Group focuses on complex commercial and corporate litigation conducted in California state and district courts. Our attorneys have outstanding records of trial success on behalf of clients, whether before a jury, judge or arbitrator.

Our seasoned attorneys have keen knowledge of California's legal and regulatory climate, a practical understanding of both state and local issues, as well as the benefits of long-standing relationships with regulators, technical experts, key decision-makers, and community stakeholders. We bring these assets to the table when representing our clients before a jury.

Our firm represents a range of companies in jury trials, from some of the largest REITs to developers to contractors to retailers to cities to individuals. Our clients come from a variety of industry sectors including technology, financial services, real estate, healthcare, industrial, and the public sector. 

We regularly help litigate matters pertaining to corporate, construction defect, professional liability, employment, personal injury, intellectual property, partnership, limited liability companies, unfair business practices, tortious interference, business tort and unfair competition, contracts, insurance, and real estate.

Our seasoned attorneys have keen knowledge of California's legal and regulatory climate, a practical understanding of both state and local issues, as well as the benefits of long-standing relationships with regulators, technical experts, key decision-makers, and community stakeholders. We bring these assets to the table when representing our clients before a jury.

Our firm represents a range of companies in jury trials, from some of the largest REITs to developers to contractors to retailers to cities to individuals. Our clients come from a variety of industry sectors including technology, financial services, real estate, healthcare, industrial, and the public sector. 

We regularly help litigate matters pertaining to corporate, construction defect, professional liability, employment, personal injury, intellectual property, partnership, limited liability companies, unfair business practices, tortious interference, business tort and unfair competition, contracts, insurance, and real estate.

"They win - they produce successful results."

- General Counsel, Mixed-Use and Residential Developer

EXPERIENCE

  • Obtained a complete defense verdict in a case involving a dispute over an easement agreement and the construction of a driveway shared by neighboring properties in an exclusive neighborhood. The final jury verdict exonerated the client from any financial damages whatsoever. 
  • The Court granted summary judgement in favor of client and associated companies and granted request to throw out all causes of action contained in a lawsuit filed by plaintiff that fabricated allegations against the client and associated companies, and sought $25 million in damages. 
  • Prevailed at trial in a case involving a $400 million water desalination project. The Court's complex division voiding the contracts as was affirmed by the California Court of Appeal in a published decision. 
  • Represented a global technology company in defense of $15 million claim filed by a reseller for allegedly directing business to competitors. The Court not only gutted the defendant's case but substantiated the manner in which top technology companies conduct their business through reseller channels.
  • Obtained a complete victory after arbitration, with an award rejecting the opposing parties' claims that they held a $20 million equity position. 
  • Obtained trial victory in representation of a regional grocery store chain on its declaratory and injunctive relief claims against its landlord, with the Court ordering that the landlord is required to consent to and cooperate with remodeling plans and has ordered the landlord to pay damages, resulting in an over $2 million benefit for the client. 
  • Obtained summary judgment on behalf of client for complete dismissal of complaint and successfully defended the appeal. We represented a restructuring consultant in defense of an $8 million lawsuit for alleged interference with loan agreements between franchisees and their secured lender.
  • Obtained a $6.2 million jury verdict against the City of San Jose for breaching a contract with a consortium of highly respected developers which called for the expeditious processing of the developers' land use applications. 
  • Represented a regional retailer in appeal reversing $2.8 million jury verdict, making new breach of lease/waste law. 
  • Represented multiple companies involved in all aspects of sand and gravel mining, including land use, contract, and merger and acquisition disputes. We have handled many issues arising under SMARA and related Surface Mining Ordinances and permits. 
  • Secured a favorable jury verdict in a five-week jury trial in Los Angeles Superior Court involving a software licensing dispute. We represented the developer of a specialized software program used in the medical profession, who sought damages from the defendant company for failing to market and license the software as agreed by the parties. After a day of deliberations, the jury returned a multi-million dollar verdict against the defendants. 
  • Represented a developer in two-month jury trial concerning multi-million-dollar movie-theater lease in redevelopment project. 
  • Advised in three week jury trial involving personal injuries claims related to major vehicle collision in which the client sustained life-threatening injuries. Obtained jury verdict in favor of client and secured award of punitive damages against the defendant. 
  • Represented client in a five week jury trial relating to breaches of commercial lease agreement. Obtained multi-million dollar verdict in favor of client. 
  • Obtained a defense verdict in a six-week jury trial alleging wrongful termination, age discrimination, breach of contract and violation of the Business and Professions Code in Moraghan v. Seminis Vegetable Seeds, Inc. 
  • Represented the city in Gravette v. City of Escondido and obtained a defense verdict in a month-long race and sex discrimination jury trial. Thereafter, the client was awarded attorneys’ fees of over $170,000. 
  • In Medina v. Manchester we obtained a defense verdict in a two-week jury trial alleging sexual harassment and wrongful termination. 
  • We obtained a defense verdict in a three-week jury trial alleging retaliation based on complaints of sexual harassment and discrimination in Sanders v. The Salk Institute.
  • Obtained a complete victory after arbitration, with an award rejecting the opposing parties' claims that they held a $20 million equity position. 
  • Obtained trial victory in representation of a regional grocery store chain on its declaratory and injunctive relief claims against its landlord, with the Court ordering that the landlord is required to consent to and cooperate with remodeling plans and has ordered the landlord to pay damages, resulting in an over $2 million benefit for the client. 
  • Obtained summary judgment on behalf of client for complete dismissal of complaint and successfully defended the appeal. We represented a restructuring consultant in defense of an $8 million lawsuit for alleged interference with loan agreements between franchisees and their secured lender.
  • Obtained a $6.2 million jury verdict against the City of San Jose for breaching a contract with a consortium of highly respected developers which called for the expeditious processing of the developers' land use applications. 
  • Represented a regional retailer in appeal reversing $2.8 million jury verdict, making new breach of lease/waste law. 
  • Represented multiple companies involved in all aspects of sand and gravel mining, including land use, contract, and merger and acquisition disputes. We have handled many issues arising under SMARA and related Surface Mining Ordinances and permits. 
  • Secured a favorable jury verdict in a five-week jury trial in Los Angeles Superior Court involving a software licensing dispute. We represented the developer of a specialized software program used in the medical profession, who sought damages from the defendant company for failing to market and license the software as agreed by the parties. After a day of deliberations, the jury returned a multi-million dollar verdict against the defendants. 
  • Represented a developer in two-month jury trial concerning multi-million-dollar movie-theater lease in redevelopment project. 
  • Advised in three week jury trial involving personal injuries claims related to major vehicle collision in which the client sustained life-threatening injuries. Obtained jury verdict in favor of client and secured award of punitive damages against the defendant. 
  • Represented client in a five week jury trial relating to breaches of commercial lease agreement. Obtained multi-million dollar verdict in favor of client. 
  • Obtained a defense verdict in a six-week jury trial alleging wrongful termination, age discrimination, breach of contract and violation of the Business and Professions Code in Moraghan v. Seminis Vegetable Seeds, Inc. 
  • Represented the city in Gravette v. City of Escondido and obtained a defense verdict in a month-long race and sex discrimination jury trial. Thereafter, the client was awarded attorneys’ fees of over $170,000. 
  • In Medina v. Manchester we obtained a defense verdict in a two-week jury trial alleging sexual harassment and wrongful termination. 
  • We obtained a defense verdict in a three-week jury trial alleging retaliation based on complaints of sexual harassment and discrimination in Sanders v. The Salk Institute.

RECOGNITIONS

Benchmark Litigation 2023 recognized Robert R. Moore, Anthony J. Oliva and Michael J. Betz as Local Litigation Stars in California.

Los Angeles Business Journal recognized Marissa M. Dennis as a Most Influential Minority Attorney.

SD Metro Magazine named Timothy M. Hutter to their 40 Under 40 list, a group of young professionals who represent some of the best and brightest minds in San Diego County.

The Daily Transcript named Timothy M. Hutter to their 40 Under 40 list.

The Recorder named Berg & Berg Enterprises, LLP v. City of San Jose to its list of California's Million Dollar Verdicts (2012) - Robert R. Moore and Michael J. Betz served as Plaintiff's attorneys.

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