On October 20, 2014, Ret. Judge Stephen E. Haberfeld of JAMS issued an arbitration award in favor of the firm’s client, Burkhalter, Kessler, Clement & George (BKGG) in a dissociation lawsuit brought by former partner, Eric J. Goodman. Mr. Goodman sought the recovery of more than $400,000 pursuant to Section 16701 of the California Corporations Code as his “interest” when he abruptly dissociated from the firm in June 2011. After a week-long hearing before Judge Haberfeld, our client received an award holding that BKGG owed nothing to Mr. Goodman and that, in fact, Goodman owed the firm more than $74,000 due to his negative capital account balance. Judge Haberfeld also ruled that the firm was entitled to statutory attorney’s fees and costs due to Mr. Goodman’s bad faith conduct in secretly drawing down from the firm’s line of credit one day prior to his sudden departure.
JBB handles commercial litigation disputes in both state and federal courts and in arbitration.
On October 1, 2014, the firm received an Arbitration Award on behalf of its client, Contructora Camabuga, a Mexico-based developer that purchased an ocean-view lot in Malibu back in 2010. Our client alleged that the seller and the real estate agent intentionally concealed facts relating to geotechnical issues known by them which made the lot unbuildable under State, County and City requirements. Ret. Judge John W. Kennedy of JAMS found that the evidence presented during the week-long hearing supported the claims in the firm’s complaint. Judge Kennedy ordered that the purchase agreement be rescinded and that seller return the purchase price to our client, plus attorney’s fees and costs. JBB specializes in business-related litigation in both state and federal courts and in arbitrations.
Julander, Brown & Bollard attorneys Dirk O. Julander, William C. Bollard and Dustin M. Monroe won a substantial judgment in the United States District Court, District of Hawaii on behalf of their clients, D. Bello Associates, Inc. (DBA) and its principals, Doug Bello and Jeffrey Bates. DBA was accused of breaching an agreement with HDEP, Inc. to jointly provide outsourcing services to the title insurance industry. The parties had been in business together for over 20 years. The relationship came to an acrimonious end when HDEP cut off DBA’s share of the revenue and began soliciting joint customers to execute contracts excluding DBA. In response to HDEP’s “best defense is a good offense” lawsuit, DBA counterclaimed for the substantial damages caused by HDEP’s aggressive actions. HDEP later raised the stakes by adding personal tort claims against DBA’s principals.
After a 2½ week trial, JBB attorneys prevailed on the Court to find in favor of DBA on substantially all of HDEP’s claims and DBA’s counterclaims. The Court found that HDEP violated its contract with DBA by depriving it of substantial revenues under the joint customer contracts. DBA anticipates recovering approximately $1,900,000 from HDEP after the Court ordered accounting. Moreover, DBA and its principals were completely vindicated on the numerous tort claims.
Julander, Brown & Bollard regularly represents clients in business disputes in courts throughout the country. According to Mr. Julander, “we try very hard to resolve disputes through settlement knowing that our clients need cost effective and even creative resolutions to avoid detracting from their business operations. But when that effort doesn’t resolve the problem, we are very experienced in court and get outstanding results through trial.”
After successfully representing Duane “Dog” Chapman and his colleagues in the case brought against Chapman by the Mexican government for allegedly kidnapping convicted rapist Andrew Luster, Attorney Bollard was forced to sue the Chapmans for his legal fees. Ret. Judge James Alfano awarded Bollard all of his unpaid fees plus prejudgment interest as well as the fees incurred in suing the Chapmans for a combined amount of approximately $800,000.
An Orange County jury recently returned a multi-million dollar verdict in favor of JBB client Comarco, Inc. JBB presented evidence during the three month jury trial to support Comarco’s claims that China-based Chicony defectively manufactured Comarco’s laptop computer universal power adapter sold under the Targus brand name, breaching both the parties’ contract and Chicony’s warranty obligations to Comarco. The verdict, in excess of $10.8 Million, represents a sound victory for Comarco, an Orange County-based public company.