619-232-8151 Practicing in San Diego since 1962

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.

Chris Todd and Corey Garrard obtain summary judgment, dismissing injured worker’s claims against custom home builder

May 2nd, 2017

Wingert Grebing’s client had been engaged by a wealthy individual to oversee construction of an ocean view, Sunset Cliffs home.  During installation of an elegant, glass enclosed spiral staircase, the independently contracted worker fell in the opening around which the staircase ascended. The injured worker sued Wingert Grebing’s client, among others, on the theory it had created – and retained control over – a dangerous condition. The dangerous condition was alleged to have been a combination of flimsy protective paper on the stair case, combined with removal of a temporary guard railing.

Mr. Garrard, taking the lead during argument on the motion, and Mr. Todd, submitting his third successful Privette summary judgment motion to three different branches of the Superior Court in the past year, argued that the injured worker was the primary source of his own injuries.  Given that the custom home builder did not affirmatively contribute to the cause of the worker’s injuries, summary judgment was granted.

The injured worker had earlier rejected a five-figure settlement proposal from the home builder’s liability carrier.  The proposal had been offered in the interest of justice, before the successful summary judgment motion was heard.

Charles Grebing and Ian Friedman obtain arbitration defense verdict and $310,664 attorneys’ fee award on behalf of local real estate broker

April 3rd, 2017

Plaintiffs filed a class action against a San Diego-based real estate broker, it’s agents, and a third-party real estate services company.  Plaintiffs alleged breaches of fiduciary duty, violations of Civil Code section 1710, violations of Business and Professions Code section 17200, constructive fraud, unjust enrichment and requested an accounting.  The Complaint alleged the real estate broker used a software sublicense program as a “kick back” for referral of real estate settlement services.

Grebing and Friedman first successfully defeated the class action complaint by compelling the named Plaintiffs’ claims to individual arbitration.  After a three-day arbitration hearing, the arbitrator found that the “facts are the polar opposite to the factual inferences drawn from the pleadings” and entered an award in favor of Wingert’s clients.  Following the arbitration, the arbitrator granted Wingert’s Motion for Attorneys’ Fees and awarded the firm and its clients $310,664 as reasonable attorneys’ fees and costs.

Andrew Servais and Charles Grebing Obtain Appellate Court Affirmation of Dismissal of Claims Against Local Firm and Recover Over $100,000 in Attorney Fees and Costs

March 23rd, 2017

Wingert Grebing’s client represented numerous plaintiffs in three lawsuits in federal and state court against developers and promoters of a hotel which sold its rooms as profit generating condo units.   Following dismissals of each underlying lawsuit, including one in which a class was certified, the developers sued Wingert’s clients for malicious prosecution.

Within a month of being retained, Charles and Andrew prepared and filed Anti-SLAPP motions on behalf of the firm and individual partners contending the underlying lawsuits were prosecuted with probable cause and therefore protected by the SLAPP statute.

After both sides submitted thousands of pages of pleadings, testimony and exhibits from the three underlying lawsuits, the Trial Court found in favor of Wingert’s client dismissing the lawsuit which was then appealed.

The Court of Appeal affirmed the Trial Court’s order in full in a 59 page opinion that can be found here:  http://www.courts.ca.gov/opinions/nonpub/D068887.PDF

Wingert then recovered over $100,000 in attorney fees and costs incurred in securing the dismissal through appeal.

Andrew A. Servais to be a featured speaker at the 24th annual Fair Housing Laws & Litigation Conference

February 9th, 2017

Andrew Servais will speak at the 24th Annual Fair Housing Laws & Litigation Conference.   Andrew will be addressing ethics issues facing Fair Housing litigation attorneys for the sixth consecutive year. Read Andrew’s bio here.

Ian Friedman named 2016 Young Attorney of the Year by San Diego Defense Lawyers

January 30th, 2017

Ian Friedman was named the 2016 Young Attorney of the Year by the San Diego Defense Lawyers (“SDDL”).  The award was presented on January 28, 2017 at SDDL’s annual installation dinner.  Ian is a four-year attorney whose practice focuses on professional liability defense, business litigation, and personal injury law. You can read his full bio here.

Eight Wingert Grebing attorneys named Southern California Super Lawyers®

January 22nd, 2017

The 2017 Southern California edition of Super Lawyers® has named Andrew Servais a Rising Star in the area of Professional Liability- Defense for the third consecutive year. Colin Walshok was named a Rising Star in the area of Personal Injury-Defense and Amy Simonson a Rising Star in the area of Business Litigation, both for the second consecutive year. Ian Friedman was named a Rising Star in the area of Civil Litigation.

Charles Grebing, Alan Brubaker, Robert Juskie and Steve Grebing have once again been named to the Super Lawyers® list.  Charles and Alan have been named to the Super Lawyers® for the last 11 consecutive years in multiple areas and both were ranked within the top 50 lawyers in San Diego.

Super Lawyers is an exclusive, unbiased rating service of lawyers from business and consumer practice areas who have attained a high degree of peer recognition and professional achievement.  No more than five percent of attorneys in a state may be selected.  Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

Colin Walshok successfully defends local business against $2.3 million breach of contract claim

January 10th, 2017

Mr. Walshok represented the interests of a local tow truck company in a business dispute/breach of contract claim.  Plaintiffs’ pre-trial settlement demand was $2.3 million dollars.  Plaintiffs asked the jury to return a verdict for $2.3 million in lost profits, other compensatory damages as well as non-economic damage.  After an eight day jury trial presided over by Judge Kevin Enright, the jury returned a verdict of only $139,342.

Andrew Servais quoted in LA Times discussing proposed revisions to California Rules of Professional Conduct

November 28th, 2016

Wingert Grebing partner Andrew A. Servais was quoted in the November 28, 2016 Los Angeles Times discussing the effect of proposed revisions to California Rules of Professional Conduct.  Read the full article here.

Robert Juskie and Ian Friedman obtain dismissal of discrimination and false imprisonment complaint against north county property owners

October 24th, 2016

Plaintiff alleged she was intentionally trapped on Wingert Grebing’s clients’ property and was subjected to national origin-based discrimination.  Wingert Grebing filed a Motion for Summary Judgment demonstrating Plaintiff could not establish she had been discriminated against and could not establish that Wingert Grebing’s clients had falsely imprisoned her. After reviewing all papers and hearing extensive oral argument, the Court granted Wingert Grebing’s Motion for Summary Judgment finding there were no triable issues of fact and Wingert Grebing’s clients were entitled to judgment as a matter of law.

One America Plaza • 600 W. Broadway, Suite 1200 • San Diego, CA 92101 • tel: (619) 232-8151 • fax: (619) 232-4665

© 2017 Wingert, Grebing, Brubaker & Juskie, LLP. All rights reserved.
Site designed & developed by Obu Interactive

  • Wingert, Grebing, Brubaker and Juskie, LLP.
  • obu Ineractive