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Plaintiffs sued a door supplier for alleged defective doors and
windows which were installed by others in a multi-million dollar
residence. Following the presentation of plaintiffs' case-in-chief,
Darren W. Epps moved for nonsuit on behalf of the door supplier based
upon plaintiff's failure to present sufficient evidence. The court
granted the motion for nonsuit and judgment was subsequently entered
in favor of the door supplier and against plaintiffs.
Michael J. Gilroy and Shahab E. Fotouhi recently settled a
contentious case venued in San Luis Obispo County in which the
homeowners were asking for 4.5 million dollars in damages against
the firm's client, the general contractor. The lawsuit arose out
of allegations made by the plaintiff homeowners that the general
contractor had breached its contract, committed fraudulent acts and
negligently performed causing alleged structural defects to the residence
during the course of an extensive construction remodel of its multi-million
dollar beachfront property. A successful settlement was reached in which
the firm's principal paid $107,000 of a $300,000 global settlement.
Shahab E. Fotouhi obtained an arbitration award on behalf of a roofing contractor,
deeming the Firm's client the prevailing party in a binding arbitration before
American Arbitration Association. The Firm's client was alleged to have improperly
installed a roof on a multi-unit residential building in Oakland. The owner
claimed that the roof leaked causing damage within the structure. The demand was
in the six figures. The arbitrator determined that the Firm's client was the prevailing
party due to a pre-arbitration offer to compromise and claimant's failure to obtain a
better award at arbitration. The Firm's client was awarded its attorneys' fees and
costs in defending the action.
Michael J. Gilroy settled a six-figure case for $5,000 in nuisance value money
as a result of a decision made to perform additional destructive testing to absolve
its client. The lawsuit arose over alleged construction defects at a private
residence in Santa Barbara County in which the firm's subcontractor was the primary
target defendant. However, after consulting with experts, and against the protest
of the general contractor who feared that additional defects would be found, the
destructive testing went forward at the residence with the final outcome so dispositive
that all experts in the case immediately reached a consensus of no liability as to the
firm's client, resulting in the recent nuisance value settlement.
The John J. Meehan Alumni Fellow Program at the University of San
Francisco School of Law was established in 1998 to recognize a
distinguished alumnus who has contributed to the growth and development
of future lawyers, and who has served as a mentor to the profession.
The 2005 recipient is Shahab E. Fotouhi. The Announcement by USF noted
that, "Shahab is a loyal alumni volunteer. He has inspired and
encouraged USF Law Students for many years. His devotion to the school
and the students has greatly enriched the USF School of Law community
and makes him an exceptionally deserving recipient of the Meehan Fellow
Award." Mr. Fotouhi will visit USF for the day to teach a class and
interact with students. The day culminates with a reception honoring the
Fellow.
Shahab E. Fotouhi and Wendy L. Hillger represented a husband and wife
who contracted for a remodel of their high end multi-million dollar home
in San Francisco. The clients sued the general contractor for fraud and
construction defects. The general contractor counter-sued the Firm's
clients and all of the subcontractors who worked on the project. It was
estimated to cost $128,000 to fix the defective construction. Until the
day before trial, the general contractor made no settlement offer, and
in fact persisted with a $70,000 counter-claim against the Firm's
clients. The case settled after assignment to a Superior Court trial
judge. The homeowners received a total of $278,500, and paid nothing to
the general contractor on his counter-claim.
Wendy L. Hillger represented a closely-held corporation and two of
its shareholders. The adverse party was also an owner of this
corporation, and commenced litigation to compel Ms. Hillger's clients to
buy him out. The adverse shareholder obtained a forensic accounting
report which opined that his shares in corporation were worth in excess
of $365,000. The adverse shareholder also made claims for incurred
income tax liabilities, other compensatory damages, and punitive
damages. During the litigation, Ms. Hillger obtained discovery sanctions
against the adverse party. These sanctions severely limited the
opposition's case. As a result, Ms. Hillger was able to settle the
shareholder's claim for a nominal amount, $12,000.
Wendy L. Hillger recently completed training by the California State
Bar to perform Fee Dispute Arbitrations. The arbitration process allows
clients and their attorneys to reach amicable and fair resolutions of
legal fee disputes. She currently volunteers her time adjudicating these
disputes in coordination with the Alameda County Bar Association.
Darren Epps defended the property owner defendants against claims of
Nuisance, Trespass and Negligence after a fire that began on defendants'
property spread to 1200 acres and destroyed 12 buildings. Plaintiff, a
neighboring landowner to defendants, claimed property damage totaling
$400,000 resulting from the fire. Following completion of plaintiff's
case-in-chief, the court granted Mr. Epps' Motion for Nonsuit.
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