619-232-8151 Practicing in San Diego since 1962

Andrew Servais to Speak with Richard Painter, Former Chief White Ethics Lawyer-George Bush Administration, at 25th Annual Fair Housing Laws and Litigation Conference

February 13th, 2018

Andrew Servais and Mr. Painter will speak on February 15 at 2 p.m. and 3:45 p.m. on ethics issues when dealing with governmental agencies and attorney client privilege issues.  For more information please visit: www.fhconference.com.

Andrew Servais and Mallory Holt obtain dismissal and award of more than $84,000 in attorney fees and costs in commercial real estate dispute

January 19th, 2018

A dispute arose over the sale of a commercial property and adjacent lot eventually leading the Plaintiff to sue the LLC holding the property and its manager on an alter-ego theory.   Andrew and Mallory conducted key discovery and then successfully moved for summary judgment on behalf of both the LLC and its manager.   The Court then awarded over $84,000 in attorney fees and costs incurred in defending the action and moving to expunge a cloud on the title of the commercial property.  The mater is currently on appeal.

Andrew Servais and Ian Friedman obtain dismissal of a $40 million claim by a public entity against a former city attorney

December 11th, 2017

Wingert Grebing represented a former city attorney for a small municipality against a lawsuit by a public entity asserting claims for legal malpractice, breach of fiduciary duty and breach of a written contract.   The complaint alleged the claims were assigned to the public entity by the municipality.

Wingert demurred to the complaint asserting the claims were all based on legal malpractice allegations and could not be assigned.  In response, the public entity sought to amend the complaint to state claims for fraud, theft, conspiracy and intentional interference with contractual relations.

After oral argument, the Court agreed the claims are not assignable and ruled that all potential claims arose out of the alleged legal malpractice.  The Court sustained Wingert’s demurrer without leave to amend and dismissed the lawsuit in its entirety.

Wingert Grebing featured in San Diego Lawyer® Magazine article highlighting how San Diego’s “homegrown” firms built lasting success

October 20th, 2017

San Diego Lawyer® Magazine’s October issue highlighted featured Wingert Grebing’s 55 year history as one of six “homegrown” San Diego law firms that have “not only survived, but have grown more robust and today thrive.”  You can read the full article here.

Charles Grebing, Andrew Servais and Ian Friedman obtain Court of Appeal affirmation of Anti-SLAPP ruling that dismissed claims against local law firm

October 20th, 2017

Wingert Grebing’s clients represented a partner in the dissolution of a two-partner law firm.  The dissolving firm’s other partner sued Wingert’s clients alleging they made misrepresentations to him prior to and during the dissolution proceeding.  Wingert filed an Anti-SLAPP motion on behalf of the firm and its attorneys contending they made no misrepresentations and, even if they had, all statements constituted pre-litigation communicative conduct which is not actionable under the litigation privilege.

The Trial Court ultimately ruled in favor of Wingert’s client on each issue and dismissed the lawsuit as against Wingert’s client.  After the plaintiff appealed, the Court of Appeal issued an Opinion unanimously affirming the Trial Court’s Order.

Wingert will now seek to recover its attorneys’ fees incurred both in the Trial Court and on appeal.

Steve Grebing Secures $2.2 Million Arbitration Award for Commercial Landlord Client Following Breach of Lease

August 3rd, 2017

Steve Grebing recently obtained a $2.2. million verdict for one of the firm’s commercial real estate clients.  The dispute involved the tenant’s efforts to break a long-term lease with an argument that the Conditional Use Permit governing the allowable use of the property had expired or was no longer valid.  The tenant vacated the property without performing any rehabilitation efforts, and stopped paying rent.  The commercial landlord initiated an arbitration proceeding though JAMS.  The arbitrator ultimately rejected the tenant’s justification for breaching of the lease, and awarded to the client the value of the remainder of the lease, as well as the cost to rehabilitate the property, attorney’s fees and costs.

Steve Grebing Obtains $178,000 Award for Homeowner Client in Dispute Against Kitchen Remodel General Contractor

August 3rd, 2017

A homeowner client got into a dispute with his kitchen remodel general contractor performing work at his residence.  The homeowner was dissatisfied with the work of the general contractor, and demanded the general contractor repair it in accordance with industry and Building Code standards.  Upon further investigation, the homeowner discovered the general contractor compromised structural components of the house.  The contractor refused to correct and finish the work, and then walked away from the job, leaving the project incomplete.  Grebing, on behalf of the homeowner, initiated an arbitration proceeding and obtained an award of $178,000 in favor of the homeowner, including arbitration costs and other related expenses.

Steve Grebing, Amy Simonson and Andrew Servais Obtain $2.9 Million Jury Verdict in Products Liability/Breach of Contract Case Against National Plumbing Supplier and Manufacturer

August 3rd, 2017

Steve Grebing, Amy Simonson and Andrew Servais recently obtained a favorable verdict from a jury on behalf of a public municipality as against a national plumbing supplier and product manufacturer relating to defects associated with the supply and installation of an automated meter reading system (AMR).  The municipality procured the AMR system from the national supplier following sales presentations and representations concerning the viability of the system, and also contracted for its installation.  Due to issues with its own performance and defects associated with the product, the supplier/installer was unable to render the AMR system operational to the standards set forth in the contract.  Before the installation was complete, the supplier/installer left the project and refused to honor the warranty associated with the AMR system.  The municipality initiated litigation against the supplier/installer and manufacturer seeking to recover the monies it had spent on the project.  After a three-week trial, Grebing, Simonson and Servais obtained a jury verdict of $2.9 million in favor of the municipality against the supplier/installer and manufacturer, with the claim for the recovery of attorneys’ fees, costs and interest remaining to be heard.

Steve Grebing and Amy Simonson Successfully Defend Managers of a Development LLC Against a $64 Million Claim of Breach of Fiduciary Duty by a Minority Member

August 3rd, 2017

Steve Grebing and Amy Simonson successfully defended two managers of an LLC against claims of gross negligence and breach of fiduciary duty after efforts to develop a substantial commercial project in Riverside County failed.  A minority member of the development LLC argued, in a derivative claim, the actions of the managers caused the project to fail, resulting in a $64 million loss to the company.  Grebing and Simonson argued the managers acted within the appropriate standards for the management of the company and in accordance with the business judgment rule.  At trial, Grebing and Simonson obtained a defense verdict in favor of the managers, with all claims against them being rejected by the Court.

Corey Garrard obtains jury verdict in his clients favor on breach of contract and fraud claims

July 1st, 2017

 

The firm’s client entered into a sales agreement for the purchase of a car with someone holding themselves out as an agent of a used car dealership. While the client had never been to the dealership, he believed the seller was its agent based on the seller’s representations and having observed the seller purchase and repair salvaged cars on behalf of the dealership. After making full payment the client received the car but did was not given title. Eventually becoming suspicious of the seller, the client called the dealership to demand title be delivered. The dealership declared the seller was not its agent and that the car would be reported stolen if not returned immediately. Shortly after, the client received a telephone call from someone claiming to be a police officer and threatening arrest if the car was not returned immediately. Before the lawsuit was filed the seller disappeared and has not since been found.

At trial, Corey argued the dealership was responsible for the acts of the seller because it had entrusted him with enough responsibility to create an impression in the public that the seller had authority to sell cars on behalf of the dealership. The jury agreed. Additionally, Corey presented evidence that the phone call from the alleged police officer was in fact an employee of the dealership. Again the jury agreed and, on this point, were persuaded the defendant dealership’s fraudulent acts justified punitive damages.  The case settled before the punitive damages phase.

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