Setting the Standard for Excellence in High-Stakes Cases
We’re trial lawyers who genuinely care about the outcome of each case. We pour our knowledge and expertise into every trial, every negotiation, and every strategy session. Our passion translates into tireless preparation, creative problem-solving, and unwavering commitment to our clients’ cases.
We deliver tailored solutions in high-exposure lawsuits, including commercial disputes, product liability, class actions, and catastrophic injury cases. Our expertise spans jurisdictions nationwide.
Our unwavering focus on achieving positive outcomes defines our results-driven approach. We measure our success not just by wins, but by the impact those wins have on our clients’ businesses and futures.
Plaintiff tow truck driver responded to a 7-Eleven to tow a disabled vehicle parked in the parking lot. While performing his work and laying in an adjacent parking space, Defendant sheriff deputy pulled into the adjacent parking space in a sheriff vehicle and the right front tire ran on...
READ MOREMary Childs and Michael Sabongui obtained a unanimous defense verdict on behalf of our client. Plaintiff, a personal injury attorney, suffered a tri-malleolar fracture with a delayed union after she fell down the stairs in a parking garage that serviced Crypto Arena and the Los Angeles Convention Center. Plaintiff...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. He claims he tripped over a portable speaker while paying basketball. Defendant moved for summary judgment on the grounds that there are no triable issues of fact where the express waiver of liability completely bars Plaintiff’s...
READ MOREPlaintiff Christine Dovan alleged she suffered third-degree burns down to the bone on her right leg and alleged PTSD and depression after losing consciousness in a sauna at defendant’s health club. She sued for negligence, and her husband, Bao Dovan, sued for loss of consortium. Defendant’s motions for summary...
READ MOREIn this premises liability case, Plaintiff alleged that Defendant failed to properly warn of a dangerous condition on its residential property. Plaintiff further alleged that defendant had actual notice of a dangerous condition and that it was a substantial factor in causing plaintiff’s harm. Defendant disputed liability, causation, and...
READ MOREDefendant was the owner of the commercial building where plaintiff’s incident occurred. Plaintiff, a student with disabilities in a wheelchair born with cerebral palsy, settled with two codefendants before trial (the university and the maintenance company) and proceeded to trial against the owner of the building claiming the building...
READ MOREWe are pleased to share that the Court granted summary judgment in favor of our client, The Court found that our client neither owned nor controlled the area where the incident occurred and had not performed any work related to the subject incident. The ruling confirmed that our client’s...
READ MOREMary Childs and Patrick Ball obtained a Summary Judgment on behalf of our client, Sigma Nu Fraternity, Inc. In a premise liability and negligence case, Plaintiff was at the rented home of several members of the Kappa Eta Chapter of Sigma Nu Fraternity, the local Chapter of Sigma Nu...
READ MOREPlaintiff filed a lawsuit against Defendants Heritage Lake Master Association and Firstservice Residential California, LLC (Defendants). Plaintiff also sued the City of Menifee. Plaintiff was injured on a sidewalk which was public property. Despite this, she still sued Heritage Lake Master Association and Firstservice Residential California, LLC and claimed...
READ MOREThe 4th Appellate District affirmed the Trial Court rulings in granting defendants’ Motion to Dismiss the case pursuant to section 581(I) based on plaintiff’s refusal and failure to appear for trial and for his failure to comply with local rules during trial. This case arises out of a premises...
READ MOREDefendant was the owner of the parking structure where plaintiff’s incident occurred. Plaintiffs settled with codefendants and proceeded to trial against the owner of the building claiming that it violated Beverly Hills building and municipal codes and regulations, and that the conduct of the valet attendants fell below the...
READ MOREPlaintiff brought this case arising out of motor vehicle and negligence claims. The facts of the case were that in 2021 CR&R’s trash truck operated by an employee was servicing residential bins on a cul-de-sac when it tapped a trash bin therein causing it to make contact with plaintiff’s...
READ MOREPlaintiff filed a lawsuit against our client, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), seeking damages for injuries allegedly sustained when Plaintiff fell into an open mechanic’s pit at the LACMTA facility while attempting to walk over it. Plaintiff alleged causes of action against LACMTA for Negligence and Dangerous...
READ MOREPlaintiffs, husband and wife, filed a lawsuit against our client West Coast Arborists (“WCA”) and the City of Carlsbad seeking damages for injuries allegedly sustained when a branch broke off and struck Plaintiff on the head, neck and back at a public park. Plaintiffs alleged causes of action against...
READ MOREPlaintiff asserted actions for battery and intentional infliction of emotional distress against Defendant, claiming that he was assaulted and battered by Doe 1 who was a construction worker employed by Defendant. Defendant moved for summary judgment on the basis that there was no evidence of any employment relationship, and...
READ MOREVivian Rivera appeared at the hearing for WCA’s Motion for Summary Judgment in the case of Theodore Pitts v. West Coast Arborists, Inc., et al. The Court granted Defendant’s MSJ, which was written in large part by associate Maya Rosen. This is a wrongful death action brought by the...
READ MOREWilliam Sanchez obtains Summary Judgment in slip and fall case based on duty and lack of control. Client is a family-owned restaurant operating out of Co-Defendant supermarket. Plaintiff’s Complaint alleged causes of action for Premises Liability and Negligence. After hearing oral arguments and taking the Motion under submission for...
READ MOREPlaintiff James Williams filed a products liability action against our clients Bombardier Recreational Products and Temecula Motorsports in June 2019, after being injured in an accident involving a Can-Am Maverick X3 offroad vehicle in 2017. Williams died from causes unrelated to the accident in June 2022, leaving the action...
READ MOREPlaintiff, Jane Doe, alleged that she attended college fraternity party at USC where she was served and consumed alcohol despite being underage. After becoming intoxicated at the party, Plaintiff alleged that she was sexually assaulted by a fraternity member who was also in attendance. The fraternity party at issue...
READ MOREDefendant presented evidence that it did not perform services on a fallen tree before the incident, and that the tree was not part of the inventory that Defendant was required to inspect. The court granted ruled in favor of Defendant on all three causes of action.
READ MOREIn this premises liability case, Plaintiff fell into a 3’ deep utility box that had a cracked plastic cover. The utility box, owned and maintained by PG&E, was built into the sidewalk of one of the Defendant’s apartment buildings. After the fall, plaintiff had emergency treatment, therapy, injections and...
READ MOREPlaintiff was driving her electric scooter when she fell as she was driving onto the uplifted portion of Slauson Distribution Center’s driveway, sustaining substantial injuries. Sully-Miller previously contracted with the City of Vernon for construction work on the roadway near the premises where Plaintiff fell. Based upon Sully-Miller’s prior...
READ MOREYoka | Smith team of Mary Childs and Meri Nacharyan prevailed in Orange County Superior Court on a Motion to Dismiss Plaintiff’s Complaint as to their client. Plaintiff brought forth her initial Complaint against the client amongst other defendants, alleging numerous causes of action for Negligence, Intentional Infliction of...
READ MOREMary Childs, Michael Sabongui, & Meri Nacharyan obtained summary judgment on behalf of our client, the employer of a driver whose vehicle collided with Plaintiff. As a result of the collision, Plaintiff suffered traumatic bilateral above the knee leg amputations. Plaintiff alleged that because the driver had tools for...
READ MOREThis auto v. auto accident occurred on Jun 7, 2018 at the intersection of 7th and B Street in Victorville, California. Pep Boys’ employee was driving southbound on 7th Street and made a left turn in front of plaintiff proceeding northbound on 7th Street. Plaintiff hit defendant’s truck in...
READ MOREThis case involves an alleged trip and fall around a pedestrian ramp at an outdoor lifestyle shopping center filed against numerous defendants. Plaintiff alleged that defendant Professional Security Consultants (“PSC”), the security contractor at the mall hired to provide security to the property, including a reasonable inspection of the...
READ MOREThe case involves an auto v. auto accident that occurred in a construction zone in the City of Hesperia. Plaintiff alleged that lack of proper signage caused/contributed to the auto v. auto accident which is the subject of her complaint. Another party, Defendant Chiramonte, made a left turn from...
READ MOREPlaintiff alleged his father worked for a company called Sound Control from 1955 to 2000 as an acoustical ceiling installer. Over Decedent’s career, Plaintiff alleged Decedent was exposed to a multitude of products that contained Asbestos which caused his mesothelioma and ultimate death. AMS was a distributor of ceiling...
READ MOREThe 2nd Appellate District affirmed the Trial Court rulings in granting Defendants Arsen Beremesh and Turo Inc.’s MSJ. This case arises out of a motorcycle v. automobile accident. In this case, Mr. Beremesh listed his vehicle on Turo’s platform and defendant Denis Kostritsa reserved and picked up the vehicle from...
READ MOREPlaintiff Oglesby was playing basketball when he injured his hand when he ran into a wall and put his hand through a glass enclosure where a fire extinguisher was mounted. Summary judgment was granted on the basis of express waiver of liability. Plaintiff appealed, arguing the release is void...
READ MOREPlaintiff alleged that she was in the women’s locker room when an off-duty aerobics employee came into the locker room, refused to leave while she was naked, and proceeded to record her. A verbal altercation ensued and both plaintiff and the employee recorded videos of the event. The employee...
READ MOREYoka | Smith attorneys Mary Childs and Meri Nacharyan prevailed in Los Angeles Superior Court on a motion to dismiss Plaintiff’s Complaint for failure to comply with discovery order. Plaintiff brought forth a complaint for negligence, alleging he slipped and fell on client’s premises. Plaintiff failed to comply with...
READ MOREYoka | Smith attorneys Christine DeMetruis and Vivian Rivera prevailed today in Monterey County Superior Court on a motion to quash on behalf of out of state clients based on lack of jurisdiction arguments.
READ MOREAlice Chen Smith and Kimberly Byrge obtained summary judgment today on behalf of a client who owns and operates a cemetery in a premises liability matter venued in Los Angeles Superior Court in which they argued Plaintiff failed to establish Defendant had actual or constructive notice of the existence...
READ MOREThis case involved a Plaintiff, Genoveva Cordes, who alleged that while she was shopping at a Smart & Final store in La Quinta, CA, a box of Styrofoam cups fell from the top of one of the shelves within the store and hit her on the head. Plaintiff claimed...
READ MOREThis case involved a single-vehicle rollover of a 2013 Honda Accord EX-L Coupe. The incident occurred as Plaintiff drove the subject vehicle at approximately 50 MPH into a parking lot embankment in San Rafael, California, causing it to become airborne, clearing nearly 63 feet of roadway, and landing on...
READ MOREPartners Alice Chen Smith and Christine DeMetruis obtained summary judgment today on behalf of their automotive distributor client on a strict product liability case in Los Angeles Superior Court, in which they argued that there is no evidence of defect and the vehicle was not preserved for litigation. The...
READ MOREPlaintiff filed a lawsuit against Defendant Los Angeles Homeless Services Authority (LAHSA). Defendant is a government agency that provides services to the homeless. Plaintiff was a homeless resident at a shelter and was bitten by a dog, owned by another homeless resident. Plaintiff alleged a single cause of action...
READ MOREDefendant driver rear ended Plaintiff on the freeway and Plaintiff alleged significant injuries, including TBI. Plaintiff filed suit for Motor Vehicle and General Negligence against the driver as well as our client, the transportation broker who arranged the haul and the supplier of aggregate materials, whose load had been...
READ MOREIn another victory in Palm Springs, Yoka | Smith attorneys Christopher Faenza and Arpine Esmailian commenced trial on a liability case, challenging causation and damages from an alleged chemical burn from a hotel spa. During trial, plaintiff and his counsel abandoned the case, made a motion for mistrial, then...
READ MOREOur office assumed this case three weeks prior trial. Prior to our firm’s substitution as counsel for the defendant, the trial judge on the case previously ruled that the defendants were subject to an Exclusion Order, which prohibited defendants from introducing any evidence, witnesses or experts on their behalf....
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was using a locker at a fitness club. He claims he stepped on a nail in the locker room. Defendant moved for summary judgment on the grounds that there are no triable...
READ MORE05.22.2023 This case involved a February 18, 2016 tire failure and single-vehicle rollover Ford F-350 pickup truck which was carrying four passengers and also pulling a 16-foot utility trailer. The incident occurred as the F-350 was travelling in excess of 90 mph on Highway 70 east of Roswell, New...
READ MOREIn this case (filed in Federal Court), the defendant, Leah Alspaugh, alleged ownership rights in the LA Fitness facilities and repeatedly presented at various Southern California LA Fitness locations interfering with daily operations and attempting to usurp funds from plaintiff, Fitness International. Following a two day trial, the jury...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while using the sauna. He claims he passed out due to the high temperature in the sauna. He admits he used the sauna previously and knew the temperature was very...
READ MOREPlaintiff sued several cemetery and mortuary defendants for alleged mishandling of her deceased husband’s remains based on invalid Durable Power of Attorney form submitted by decedent’s daughters, alleging causes of action for negligent infliction of emotional distress, intentional mishandling of remains, intentional infliction of emotional distress, breach of contract,...
READ MOREOn July 12, 2021, Plaintiff filed a claim for breach of contract and negligence against Defendant Forest Lawn in connection with the conveyance of an interment space allegedly purchased for her mother in 2004. In 2004, Plaintiff’s father passed away and a burial plot was purchased at Forest Lawn...
READ MOREDefendant was the manufacturer of tables used to decorate hotel rooms at a Doubletree Hotel near LAX. Each table had a marble top and a steel base. The base was attached to the marble top with 4 screws. The plaintiff claimed that the marble top fell off of the...
READ MOREPlaintiff filed a lawsuit against our client West Coast Arborists (“WCA”) and the City of Jurupa Valley seeking damages for injuries allegedly sustained when he crashed into a fallen tree on a public roadway. Plaintiff originally alleged that WCA had begun to cut the tree down and then abandoned...
READ MOREPlaintiff alleged the cemetery client was liable for misconduct for mortuary and funeral services for Plaintiff’s deceased son. Plaintiff alleged that the death certificate issued for her deceased son and the burial permit contained erroneous information, leading her to claim doubt that her son’s remains were buried by Defendants....
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while playing walking in a sauna. His foot fell into a drain on the floor. Defendant moved for summary judgment on the grounds that there are no triable issues of...
READ MOREPlaintiff claimed that she tripped and fell due to an uplifted sidewalk in unincorporated Los Angeles County while walking to work. Thereafter, Plaintiff testified that she tripped on a tree root in the adjacent parkway and fell onto the sidewalk. Plaintiff underwent multiple procedures and operations on her knee...
READ MOREPlaintiff Timothy Johnson was weightlifting on a leg press designed and manufactured by Brunswick Corporation at a LA Fitness club when he was injured when the weight carriage allegedly crashed down on him with 630 pounds of weights, causing injury to his lumbar spine and left knee. Plaintiff sued...
READ MOREThe related cases revolve around a 2-car accident and third-party pedestrian who was injured in the same. Yoka | Smith represented Turo and the owner of the vehicle involved in the accident Ilia Ivanov. Mr. Ivanov rented his Ford Mustang to co-defendant Josh Hermans on July 21, 2019, through...
READ MOREPlaintiffs alleged that on December 7, 2017, Frank Vawter (who was living out of his car), was parked adjacent to Holiday Park in the City of Carlsbad. Soon after Mr. Vawter exited his vehicle, a large tree limb landed on him and his vehicle, and he died as a...
READ MOREPlaintiffs, the husband and parents of decedent, filed this negligence/wrongful death action against SVF, LLC, the City of Carlsbad and North Country Transit District, after the husband tripped on an uneven surface area in parking spaces located across the street from a shopping center owned by SVF. As both...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while playing basketball, when the momentum of play caused his hand to go through a broken glass enclosure for a fire extinguisher due to Defendant’s failure to inspect and maintain....
READ MOREThis lawsuit was filed after Plaintiff slipped and fell on a seasonal display sign that had fallen off of a display rack at the Pep Boys. The store presented surveillance video which showed that the sign fell to the ground five minutes before Plaintiff’s incident. About two minutes after...
READ MOREChad Chen and Charlie Wang obtained judgment in favor of Great Eastern Enterprises, Inc., including the award of monetary damages, after a five-day bench trial over a commercial lease dispute. The plaintiff was a commercial tenant who leased warehouse space from Great Eastern. After the lease terminated, the plaintiff...
READ MOREWest Coast Arborists, Inc. (“WCA”) is a tree trimming company that contracts with various municipalities to perform tree trimming services across California and Arizona. Plaintiff was injured while riding a bicycle on a city street in the City of Costa Mesa (“City”). Plaintiff claimed that the street surface was...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club for negligence and premises liability for failure to maintain a handicap bench in a safe condition for use by its customers, causing plaintiff’s injuries. Defendant fitness club moved for summary judgment on the grounds that there are no triable issue of...
READ MOREAlice Chen Smith and Lauren Lofton obtained summary judgment on behalf of their fitness club client. Plaintiff filed a lawsuit against Defendant for gross negligence and negligent hiring, supervision and retention against Defendant and employee aerobics class instructor. Plaintiff alleged that she was injured during an aerobics class when...
READ MOREAlice Chen Smith obtained summary judgment on behalf of their fitness club client. Plaintiff filed a lawsuit against Defendant for negligence and premises liability. Plaintiff alleged that he slipped and fell in the steam room at the Defendant’s fitness club and that Defendant’s employees attempted to provide assistance after...
READ MOREJury Trial April 4, 2012 Christopher Faenza and Sean Kim obtained a defense verdict on behalf of United Business Management Company, LLC, in a wrongful death action, in which plaintiffs sought over $4 million in damages. Plaintiffs are the spouse and children of decedent Mr. Lee. On March 29,...
READ MOREAlice Chen Smith, Lauren Lofton and William Choi obtained summary judgment on behalf of fitness club client, where Plaintiff alleged the causes of action for Premises Liability, Unsafe Conditions, and Dangerous Condition of Private Property against Defendant. Plaintiff allegedly sustained injuries when she tripped and fell from a treadmill...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club for negligence and premises liability. The Complaint alleged that Defendant fitness club failed to maintain the pool area, causing her injuries. Defendant fitness club moved for summary judgment on the grounds that the express waiver of liability is a complete bar...
READ MOREPlaintiffs filed a lawsuit against Defendants fitness club and product manufacturer for negligence, strict products liability, and loss of consortium, alleging that Defendant fitness club failed to maintain its fitness machines in a safe condition for use by its customers and that Defendant purchased and allowed plaintiff Tran to...
READ MOREPlaintiff Jeron Smith alleged that Defendant fitness club operator wrongfully obtained and used his images taken at a 2010 Nike photoshoot for large scale wall artwork at various fitness clubs and sued for 1) violation of privacy – false light; 2) misappropriation of name and likeness; 3) violation of...
READ MOREPlaintiff Donald Nickerson brought this putative class action against The Goodyear Tire & Rubber Company alleging that Goodyear’s Marathon trailer tires suffer from a design or manufacturing defect that causes premature failure. Plaintiff purported to allege causes of action for breach of express and implied warranties, violation of the...
READ MOREFacts: Plaintiffs operated a cigar shop located in Tustin, California. On or about October 17, 2015, there was a water leak at the cigar shop due to a broken pipe in the interior wall. The terms of the Plaintiffs’ lease agreement expressly required that 1) the Plaintiffs were solely...
READ MOREThis lawsuit was filed after a rear-end automobile collision involving three vehicles and two impacts. Plaintiff alleged she was rear-ended while completely stopped in traffic. Yoka | Smith represented driver of the third vehicle, and his employer. Plaintiff, who was 8 1/2 months pregnant at the time of the...
READ MOREPlaintiff alleged that she suffered a shoulder injury while using a malfunctioning treadmill at a LA Fitness club. She claimed the treadmill started moving very fast as soon as she turned it on. There are about 20 treadmills at the club, and plaintiff never identified which treadmill caused her...
READ MOREIn 2012, plaintiff, Plaintiff slipped and fell at a Pick Up Stix restaurant in San Bernardino. Plaintiff claimed that she sustained serious injuries and that she would need extensive surgeries in the future, including cervical spine and lumbar spine fusion, knee replacement, as well as other treatment. She made...
READ MOREPlaintiff worked as a groundskeeper for 7 years at a cemetery operated by California Cemetery and Funeral Services, LLC (CCFS). He sued several SCI affiliated companies, including CCFS, alleging that he was denied rest breaks and meal periods and that he wasn’t paid for hundreds of hours of overtime....
READ MOREAlice Chen Smith and Kimberly Byrge obtained a unanimous defense verdict in Abuershaid v. Fitness International, LLC. In this slip and fall case in which Plaintiff claimed a rotator cuff tear after slipping on water droplets in the front lobby of Defendant’s facility, Plaintiff claimed that Fitness had actual...
READ MOREChris Faenza and Lauren Lofton obtained summary judgment in this high-exposure wrongful death case. Plaintiffs claimed wrongful death (negligence), intentional infliction of emotional distress, and punitive damages against Defendants. Plaintiff’s decedent died after choking on a hot dog he was eating at a movie theater operated by Consolidated Entertainment,...
READ MOREPlaintiff, Austin Reilly sued Foothill Pizza, Inc. dba Domino’s Store #8174, and one of its delivery drivers (Michael Parker) alleging vicarious and direct liability. Reilly’s parents also sued for Intentional Infliction of Emotional Distress (IIED), though their claims were dismissed by way of nonsuit following openings. All three plaintiffs...
READ MORELauren Lofton obtained a tremendous appellate victory in the Second District Court of Appeals upholding her previous defense verdict. The plaintiff, Julie Halliburton, claimed that the contents of her storage unit were unlawfully sold in a forced lien sale by Stadium Properties, LLC. At the trial, in April 2017,...
READ MOREFitness International filed a Motion for Summary Judgment on the grounds that Plaintiff granted agency to his daughter to sign a membership agreement thereby binding Plaintiff to the waiver contained therein. Defendant was able to convince the court that regardless of the agency determination at the time the membership...
READ MOREIn 2015, Yoka | Smith obtained a defense verdict in a bench trial involving a dispute between certain property owners at a residential development in Ventura County. The dispute related to a wine making business operated by the Ketelhuts on their land and a small portion of the common...
READ MOREPlaintiff, Ron Chelgren, alleged that in October 2014 he tripped on an 8-inch “unleveled concrete pathway” in front of the service bays at a Just Tires store in Simi Valley. The store is operated by Goodyear. Plaintiff claims he fell to the ground after talking to a store manager...
READ MOREPlaintiff claimed the negligence of Defendant as a result of conduct on the part of a personal trainer. Plaintiff claimed Defendant’s trainer pushed/encouraged her during a workout session, causing Plaintiff’s knee to pop and thereby necessitating surgery. The court granted a partial directed verdict on the waiver issue and...
READ MOREDefense verdict in a slip and fall on Defendant’s premises resulting in a serious arm fracture and residual nerve damage. The jury determined the Defendant was not negligent.
READ MOREDefense verdict in motor vehicle accident case. Defendant’s commercial freightliner, loaded with jet fuel on a freeway, struck a blacked-out vehicle stopped in the lane. Defendant was unable to stop or change lanes to avoid the collision. The driver of the stopped vehicle, Chase Nickens, was transported to the...
READ MOREVictory in the Court of Appeal after 11 years of litigation. The original 2005 auto injury case had been dismissed for failure to prosecute. Subsequently, the Plaintiff died in an intersection accident in 2011, while riding a mobility scooter (required after his 2005 injuries). The decedent’s estate filed a...
READ MORE03.13.2018 Lauren Lofton and John Park obtain favorable result. Their Motion for Summary Judgment was granted for Defendant in a premises liability and negligence claim. Plaintiff signed a waiver of liability, therefore assumption of risk was a complete defense
READ MOREMary Childs and Aaron Case, Defense counsel, granted nonsuit by Court. Plaintiff failed to present evidence the Defendant had actual or contructive notice of the object that caused Plaintiff to trip and fall.
READ MOREThe 89-year old plaintiff sued Sully Miller Contracting Company after his foot fell into a whole created by Sully Miller as they worked along the street. Sully Miller dug a hole in the yard of Plaintiff’s house between the sidewalk and the curb as part of a municipal improvement...
READ MOREDefense Verdict Alice Chen Smith and Benjamin A. Davis obtained a unanimous defense verdict in an admitted liability case on behalf of Coastal Fumigation, Inc., Ismael Rodriguez, and Jose Everett Fisher in a personal injury action stemming from a motor vehicle accident that took place in September 2013. Defendant...
READ MOREMary Childs successfully defended The Raymond Group in a construction site accident case venued in the San Diego County Superior Court. During construction of the Connections Housing project Chartis Specialty Insurance’s insured, Allied Industries, Inc. (demolition subcontractor), at the direction of Turner Construction (general contractor) cut an opening in...
READ MORESung Ho (Sean) Kim obtained a defense verdict in favor of all of the firm’s clients in a three-day jury trial in connection with a lawsuit brought by Ms. Bailey. This case results from the loss of a jewelry box, and its contents. Ms. Bailey forgot a jewelry box...
READ MOREIn a published opinion by the Second Appellate District, the Court affirmed summary judgment for Fitness International, LLC. (Fitness) in a premises liability case brought by an injured club member named Kirk Anderson. The case involved a slip and fall injury sustained in a fitness club shower and Alice...
READ MOREMary Childs successfully defended Titan Contractors in the Los Angeles County Superior Court in a trip and fall case. Titan Contractors installed a handicap ramp at the Tesoro gas station. While the concrete was curing, before Titan could paint the newly installed curb, plaintiff stepped off the unmarked curb...
READ MOREAlice C. Smith obtained summary judgment in favor of Schaub Construction, Inc. and David Schaub as against plaintiff, which led to a dismissal of the entire lawsuit. On May 29, 2012, Plaintiff Brayan Fernandez fell through a skylight lens at a home in Westlake Village, CA while painting inside...
READ MORESix-week jury trial; fraud action brought by paving contractor against manufacturer of asphalt concrete relating to failure of pave roads; Bryan Martin co-lead trial counsel; defense verdict and recovery on cross-complaint for $1,159,797.05 plus prejudgment interest and attorneys fees.* *Result obtained by Mr. Martin while a partner at a...
READ MOREAlice Chen Smith obtained a favorable verdict on behalf of Paramount Construction Services, LLC and Michael Lewis Quinn after a five-day jury trial against the Ghozland Law Firm, which led to a dismissal of the entire action for a waiver of costs. On January 22, 2014, Plaintiff, Peter Reed,...
READ MOREState law product liability claim alleging personal watercraft manufacturer was negligent for failing to include an engine ventilation system in its design, was impliedly preempted by direct conflict with US Coast Guard decision to exempt personal watercraft from ventilation system safety requirement.* *Result obtained by Mr. Martin while a...
READ MOREState law product liability claim alleging personal watercraft manufacturer was negligent for failing to include an engine ventilation system in its design, was impliedly preempted by direct conflict with US Coast Guard decision to exempt personal watercraft from ventilation system safety requirement.* *Result obtained by Mr. Martin while a...
READ MORESuccessful Summary Judgment on high stakes commercial unlawful detainer action.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREChris Faenza successfully defended Asplundh Tree Expert Company in this Riverside Superior Court wrongful death matter. Defendant Asplundh Tree Expert Co. had contracted to trim trees along power line easements belonging to the power company, So. Cal. Edison. Plaintiff’s decedent, a farm worker, was working in an orchard harvesting...
READ MORESuccessful motion to dismiss recreational vehicle dealer protest, with prejudice.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MORESuccessful motion to dismiss with prejudice product liability and negligence claims against manufacturer of Class III medical device.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREBreach of contract and breach of warranty action against personal watercraft manufacturer and dealer.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREAlice Chen Smith obtained a defense verdict on behalf of Fitness International, LLC in a five-day jury trial against Girardi & Keese on July 29, 2014. Plaintiff sued Fitness International, LLC for negligence and premises liability for her alleged psychological injuries arising from an unlawful sexual relationship with another...
READ MOREPlaintiff, Kirk Anderson filed an action against Defendant, Fitness International, LLC for damages arising out of a slip and fall incident in a gym’s shower area. Plaintiff’s complaint is premised entirely on the contention that Plaintiff and others had previously slipped in the shower area and had asked Defendant...
READ MOREStephen H. Smith and Sung Ho (Sean) Kim obtained a defense verdict in favor of Colder Products Company in binding arbitration conducted in connection with a lawsuit brought by State Farm. Plaintiff, State Farm, alleged that Colder’s quick-disconnect coupling attached to a residential water filter system was defectively designed,...
READ MOREChris Faenza and Sung Ho (Sean) Kim obtained a dismissal of defendant Y. Park, by reason of the Court’s sustaining of Ms. Park’s demurrer. In this lawsuit, several plaintiffs sued Ms. Park and her restaurant, and other defendants, for failure to pay overtime and wages and for personal injuries....
READ MOREChristopher Faenza and Tim McCormick successfully defended a lawsuit involving allegations of a dangerous condition of public property, obtaining a dismissal in exchange for a waiver of defense costs. Plaintiff was a 21-year-old student at the University of California who rode his bicycle into a drainage catch basin on...
READ MORESuccessful summary adjudication on intentional interference with contract, and intentional and negligent interference with prospective economic advantage. Claims in dispute between tractor dealer and manufacturer.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREStephen H. Smith, Peter W. Felchlin and Lauren A. R. Lofton obtained judgment on behalf of three clients, a business landowner and two former property owners, in which the plaintiff alleged causes of action for negligence, trespass, nuisance and conversion against the clients, and inverse condemnation against several public...
READ MORESuccessful summary judgment on federal preemption grounds on plaintiff’s state law product liability claim, alleging personal watercraft manufacturer was negligent for failing to include an engine ventilation system in its design, where US Coast Guard exempted personal watercraft from ventilation systems safety requirement. Affirmed on appeal.* *Result obtained by...
READ MOREBreach of contract and breach of warranty action against off-road vehicle dealer. Nonsuit.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREPeter Felchlin, in a three-week jury trial, obtained a defense verdict for the State of California, Department of Transportation. On February 7, 2010, plaintiffs John Wesley Patrick and Joseph Matyasik were southbound on Interstate 15 near the Jurupa Street exit when a 55-pound steel plate crashed into the roof...
READ MOREChristopher E. Faenza and Lauren A. R. Lofton obtained a defense verdict on behalf of a client restaurant owner in a negligence action involving a third-party criminal assault against one plaintiff and settled the other plaintiff’s case post-verdict for less than 1 percent of the demand to the jury...
READ MOREStephen Smith and Aaron Case obtained judgment in favor of 24 Hour Fitness, USA, Inc., which led to a dismissal of the entire lawsuit. Plaintiff was injured while working out on a FreeMotion Dual Cable Cross Machine at the 24 Hour Fitness club in Santee, California. Plaintiff alleged that...
READ MOREChristopher Faenza and Peter Felchlin obtained a defense verdict in a three-week trial construction site/vehicular accident involving catastrophic injuries. On October 27, 2010, plaintiff Thomas Gutzwiller, 52, a construction supervisor for Riverside Construction, was engaged in a major flood control repair program for the County Flood Control District and...
READ MOREStephen H. Smith and Lauren A. R. Lofton obtained judgment on behalf of a client hotel owner in this negligence/premises liability action involving plaintiff’s slip-and-fall incident that occurred in a parking structure just outside the Pasadena Hilton. On October 31, 2011, plaintiff was a hotel guest who, upon entering...
READ MORENegligence and premises liability action against grocery retailer. Hung jury let to successful post-trial settlement.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREStephen Smith and Sung Ho (Sean) Kim obtained a defense verdict in favor of Colder Products Company in binding arbitration conducted in connection with a lawsuit brought by California State Automobile Association. Plaintiff, CSAA, alleged that Colder’s quick-disconnect couplings on a residential water filter were defective caused and caused...
READ MOREChristopher Faenza and Alice Smith obtained a defense verdict on behalf of Home Depot U.S.A. Inc. and J’s Maintenance Services Inc. in this negligence/premises liability action involving plaintiff’s slip-and-fall incident that occurred at the Home Depot located in Goleta, California. On August 31, 2008, plaintiff and his wife went...
READ MORESuccessful summary judgment on product liability and negligence claims against manufacturer of dental needle.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREStephen Smith and Sung Ho (Sean) Kim obtained summary judgment on behalf of Colder Products Company in a lawsuit brought by State Farm General Insurance Company. Plaintiff, State Farm, claimed that Colder Products Company (“CPC”) caused or was responsible for property damage that occurred to State Farm’s insured Alfred...
READ MOREIn the early morning of January 8, 2009, plaintiff Jerry Lynn Perkins headed from his home in Burbank to his mother’s home in Sun Valley in his mother’s 1951 Chevy Coupe. Plaintiff was heading northbound on Glenoaks Blvd. Eduardo Diaz, a professional truck driver for Royal Violet LLC, was...
READ MOREJury Trial Negligence and premises liability action against grocery retailer. Nonsuit.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREYoka | Smith obtained summary judgment in favor of Cooper Tire & Rubber Company in Villaneuva vs. Cooper Tire, a case that involved a single-vehicle rollover following a tire tread separation. The driver, Maria Villanueva, sustained injuries in the accident leaving her a quadriplegic. Plaintiffs alleged the Cooper-made tire...
READ MOREChristopher Faenza and Sean Kim obtained a defense verdict on behalf of Suk Ki Lee in a breach of contract lawsuit, in which plaintiff sought over $1.2 million in damages. Plaintiff, Mi Ryong Song, claimed that Suk Ki Lee improperly and unlawfully gave or disclosed the terms of a...
READ MOREStephen Smith obtained a defense verdict on behalf ICON Health & Fitness, Inc., in a product liability and breach of implied warranty action stemming from a fall on a treadmill. On August 28, 2008, plaintiff Joanne Diehl, a 60-year-old professor at the University of California, Davis, fell in her...
READ MOREIn June of 2011, Yoka | Smith obtained a summary judgment on this multi-party personal injury case arising from a one-vehicle automobile accident that took place in Baja California, Mexico. According to plaintiffs’ complaint, the accident occurred due to the alleged disablement of a defective tire allegedly manufactured by...
READ MOREAnthony Latiolait and Jeffrey Gordon obtained a defense verdict on behalf of Continental Tire North America, Inc. ,(now known as Continental Tire the Americas, LLC) in a product liability and negligence action stemming from a single vehicle accident. On September 12, 2005, a 1988 Chevrolet Van, driven by Milagros...
READ MOREStephen Smith & Chris Leyel obtain summary judgment in this commercial fire loss case. On December 6, 2001, an electrical fire took place in the subterranean vault of a 20-story commercial office property known as the Hollywood Panorama Tower. The building was owned by Hollywood Panorama Towers, Inc. (HPT)....
READ MOREStephen Smith and Sung Ho (Sean) Kim obtained summary judgment on behalf of a construction contractor, Pouk & Steinle, Inc., in a lawsuit brought by Pacific Bell. Plaintiff, Pacific Bell, claimed that Pouk & Steinle caused or was responsible for damages of over $160,000 to its telecommunication cables while...
READ MOREStephen Smith obtained summary judgment on behalf of a funeral home in this unusual case involving the wrongful harvesting of the decedent’s corneas. The decedent, a twenty nine year old woman, died from complications of childbirth at Long Beach Memorial Hospital. Her family retained the firm’s client, Grupo Deco...
READ MOREChristopher Faenza and Sean Kim obtained a defense verdict on behalf of Richtown Realty and a nonsuit in favor of Googol, LLC, in a lawsuit brought by plaintiff for fraud and punitive damages. On April 5, 2005, plaintiff and defendant Googol, LLC, executed a commercial lease agreement. Richtown Realty...
READ MORESummary judgment on negligence claim for injuries caused by collision between runaway railcar and tractor operated by plaintiff.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREIn product liability action, trial court abused it discretion in finding certain communications between defendant and its attorneys were discoverable.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREChristopher Faenza and Alice Chen obtained a defense verdict on behalf of L.A. Fitness International, LLC, in this negligence/premises liability action involving plaintiff’s slip-and-fall incident that occurred at the stairs leading from an elevated Jacuzzi at the L.A. Fitness facility located in Alhambra, California. On May 19, 2007, plaintiff...
READ MORESummary judgment on negligence and premises liability claims against railcar service and maintenance company relating to plaintiff’s fall from a railcar due to alleged slippery substance.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREIn an unpublished opinion, Division Three of the Fourth Appellate District affirmed the trial court’s award of attorneys’ fees and costs, totaling approximately $300,000, obtained by Christopher Faenza and Kelly Douglas of Yoka | Smith in Robins v. Regal Entertainment Group.
READ MOREIn a published decision, the Second Appellate District of the California Court of Appeal upheld the trial court’s granting of summary judgment obtained by Yoka | Smith in Mora v. Hollywood Bed. In its decision, the Court of Appeal held that a plaintiff seeking the benefits of the punch...
READ MOREIn a published decision, the Second Appellate District of the California Court of Appeal upheld the trial court’s granting of summary judgment obtained by Yoka | Smith in Mora v. Hollywood Bed. In its decision, the Court of Appeal held that a plaintiff seeking the benefits of the punch...
READ MOREEmployee whose arm was crushed in power press failed to establish that employer specifically authorized failure to install, or removal of, point of operation guard as required to bring case within statutory “power press” exception to exclusive remedy rule of workers’ compensation law.* *Result obtained by Mr. Martin while...
READ MOREStephen Smith obtained summary judgment on behalf of an outdoor furniture manufacturer in this personal injury lawsuit in which a partial-paraplegic sustained third-degree burns from contact with the metal surface of the insureds lawn furniture. The lawn furniture, located at the pool area of co-defendant’s residential complex had been...
READ MOREChristopher E. Faenza obtained a defense verdict on June 2, 2008, for Maggiano’s, Inc. Plaintiff, Barbara Dunne, claimed that she fractured her left wrist when she slipped and fell in the bar area as a result of a prior wine spill. There was no dispute that the restaurant employees...
READ MOREChristopher Faenza obtained a defense verdict on behalf of L.A. Fitness International, LLC, in this negligence/premises liability action involving a physical altercation between two sets of brothers — Michael and Jason Briggs, and Ricky and Juan Cavazos — on a basketball court at the L.A. Fitness facility located in...
READ MOREChristopher Faenza obtained a defense verdict on behalf of defendants, Colich & Sons and J.C. Equipment, in a case involving a motor vehicle accident resulting in an alleged skull fracture and moderate brain injury. On November 28, 2005, plaintiff, Jose Ramirez, a 32-year-old laborer, was a passenger in a...
READ MOREProduct liability and negligence action brought by paraplegic plaintiff against manufacturer of all-terrain vehicle. Defense verdict.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREChristopher E. Faenza obtained a defense verdict for Sentry Control Systems, Inc., following a six-day jury trial before the Honorable Lois Smaltz. Plaintiff, Kathy Faulstich, claimed she was injured when she attempted to walk under a vehicle-access barrier gate arm that was attached to parking revenue control equipment manufactured...
READ MORESuccessful motion to quash service of summons and complaint for lack of personal jurisdiction.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MORE02.13.2007 Christopher Faenza obtained a defense verdict on behalf of Regal Entertainment Group in this wrongful death and survival action where plaintiff alleged claims of negligence, as well as violations of the Unruh Civil Rights Act, the California Disabled Persons Act, and the California Public Accommodations Law, premised on...
READ MORESummary judgment on Labor Code section 4558 claim brought by plaintiff whose arm was crushed in power press.* *Case handled by Mr. Martin while a partner in prior law firm.
READ MOREYoka | Smith successfully argued and won a motion for summary judgment in this claim against Hollywood Bed & Spring Mfg. Co. The plaintiff was injured while operating a power press machine at Hollywood Bed’s manufacturing facility in Commerce, California. At the time of the accident, the plaintiff placed...
READ MOREDavid McCann obtained a defense verdict on behalf of the County of Los Angeles following this jury trial. The plaintiff claimed she tripped and fell in a hole in a sidewalk that she claimed measured roughly 12″ x 18″. Plaintiff alleged that the hole was created when county employees...
READ MOREChristopher Faenza obtained a judgment of nonsuit in this slip and fall occurring at Ruby’s Restaurant in Palm Springs. Plaintiff slipped on “something,” but could not identify what substance was on the floor. As a result of her fall, she fractured her pelvis and was hospitalized for a week,...
READ MOREStephen Smith tried this product liability/negligence matter to a defense verdict although a plaintiff’s verdict in the amount of $10 was rendered against the co-defendants. Yoka & Smith represented a Netherlands company, Benelux-Apex, which sold a preheater system to Air Products and Chemicals to replace that company’s existing system....
READ MOREThis matter was tried to a defense verdict on the cross-complaint by David McCann. When the defendant Haberman, a member of the Toluca Lake Property Owner’s Association stopped paying her dues, the Property Owner’s Association filed an action for breach of contract and unjust enrichment, seeking to obtain nearly...
READ MOREChristopher Faenza obtained a defense verdict in this matter involving a claimed injury after tripping and falling at a Romano’s Macaroni Grill in Northridge, California. plaintiff alleged that she tripped over a mat that was dangerous and that, as a result, the restaurant was responsible for her injuries, including...
READ MOREThis contractual indemnity case ended in a defense verdict. The underlying case involved a slip and fall by plaintiff Jimmie Ann Lane. Ms. Lane tripped and fell at the front entrance of cross-complainant’s, Rite Aid Store in the City of Long Beach. Ms. Lane alleged that in addition to...
READ MOREThis is a case that was successfully tried by Christopher E. Faenza to a defense verdict on the cross-complaint before the Hon. Tracy T. Moreno in Dept “86” Los Angeles Superior Court, San Pedro. In the case, cross complainant, Thrifty Payless sought $80,000 in attorney’s fees and costs based...
READ MOREThis wrongful death case ended in a defense verdict. The case involved the death of an 11-year-old boy who was killed while riding a skateboard on his back (commonly referred to “street luging”). The accident happened as the decedent was traveling through a Rite Aid parking lot in El...
READ MOREStephen Smith obtain summary judgment in favor of our client in Martinez vs. Southland, a case that involved a case of extensive amputation injuries to plaintiff Bertina Martinez’ right major hand arising out of a punch-press accident. Plaintiff sued Heim Corporation, which had purchased the assets of Liberty’s insured,...
READ MOREThis admitted liability case arose out of a rear-end accident. plaintiff, a 42-year-old lineman for Southern California Edison, claimed that as a result of his being rear-ended by defendant, he sustained herniated lumbar disk at two levels, necessitating surgery, including a spinal fusion. This diagnosis was agreed to by...
READ MOREThis products liability resulted in a defense verdict. This action involved an accident in which the plaintiff was using a free-gliding exercise machine called the Weslo Easy Stride, manufactured by Icon Health & Fitness, Inc. Plaintiff claimed that while he was attempting to dismount the machine, he fell, fracturing...
READ MOREMotion for summary judgment granted in favor of defendants. David McCann represented the defendant trucking company and its driver in this two-vehicle accident that occurred in October 1997. Plaintiff, an 18-year-old passenger in a vehicle operated by a co-defendant, claims to have sustained various closed head injuries when her...
READ MOREIn an opinion certified for publication, Walter Yoka had the granting of his motions for nonsuit affirmed by the California Court of Appeal, Second District (Alvarez v. Jacamar (2002) 100 Cal.App.4th 1190). Mr. Yoka was assisted at trial and in the preparation of the respondent’s brief. This case arose...
READ MOREResulted in a defense verdict. Plaintiff was the driver of a vehicle that he claims was rear-ended by an MTA bus. Although it was undisputed that plaintiff’s vehicle was in fact rear-ended, we argued at trial that plaintiff was solely responsible for the incident as he repeatedly accelerated and...
READ MOREWalter Yoka scored a defense verdict for client Goodyear Tire & Rubber Co. after a 13-day trial in a wrongful termination case. The plaintiff, a 45-year-old store manager and 22-year employee of Goodyear, was terminated in 1998 after an internal investigation revealed that he had miscoded sales invoices, selling...
READ MOREAn alleged trip-and-fall accident occurred wherein plaintiff allegedly tripped over a raised portion of sidewalk and then fell into a parked car, fracturing her wrist. Plaintiff contended that the raised portion of sidewalk was a dangerous condition and that the County of Los Angeles constructive notice of the defect....
READ MOREDavid T. McCann represented the defendants, County of Los Angeles and its employee, Gilbert Nelson. This case arose out of a two-vehicle accident that occurred in March 19, 1999, in Los Angeles. At that time, Mr. Nelson, in the course and scope of his employment with the County of...
READ MORETrial December 2000 David T. McCann LASC case number: 97K23673 This case arises out of an incident that occurred on June 18, 1997, in downtown Los Angeles. At that time, an MTA passenger bus was approaching a bus zone when a passenger car parked along a curb moved forward...
READ MOREPlaintiff tow truck driver responded to a 7-Eleven to tow a disabled vehicle parked in the parking lot. While performing his work and laying in an adjacent parking space, Defendant sheriff deputy pulled into the adjacent parking space in a sheriff vehicle and the right front tire ran on...
READ MOREMary Childs and Michael Sabongui obtained a unanimous defense verdict on behalf of our client. Plaintiff, a personal injury attorney, suffered a tri-malleolar fracture with a delayed union after she fell down the stairs in a parking garage that serviced Crypto Arena and the Los Angeles Convention Center. Plaintiff...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. He claims he tripped over a portable speaker while paying basketball. Defendant moved for summary judgment on the grounds that there are no triable issues of fact where the express waiver of liability completely bars Plaintiff’s...
READ MOREPlaintiff Christine Dovan alleged she suffered third-degree burns down to the bone on her right leg and alleged PTSD and depression after losing consciousness in a sauna at defendant’s health club. She sued for negligence, and her husband, Bao Dovan, sued for loss of consortium. Defendant’s motions for summary...
READ MOREIn this premises liability case, Plaintiff alleged that Defendant failed to properly warn of a dangerous condition on its residential property. Plaintiff further alleged that defendant had actual notice of a dangerous condition and that it was a substantial factor in causing plaintiff’s harm. Defendant disputed liability, causation, and...
READ MOREDefendant was the owner of the commercial building where plaintiff’s incident occurred. Plaintiff, a student with disabilities in a wheelchair born with cerebral palsy, settled with two codefendants before trial (the university and the maintenance company) and proceeded to trial against the owner of the building claiming the building...
READ MOREWe are pleased to share that the Court granted summary judgment in favor of our client, The Court found that our client neither owned nor controlled the area where the incident occurred and had not performed any work related to the subject incident. The ruling confirmed that our client’s...
READ MOREMary Childs and Patrick Ball obtained a Summary Judgment on behalf of our client, Sigma Nu Fraternity, Inc. In a premise liability and negligence case, Plaintiff was at the rented home of several members of the Kappa Eta Chapter of Sigma Nu Fraternity, the local Chapter of Sigma Nu...
READ MOREPlaintiff filed a lawsuit against Defendants Heritage Lake Master Association and Firstservice Residential California, LLC (Defendants). Plaintiff also sued the City of Menifee. Plaintiff was injured on a sidewalk which was public property. Despite this, she still sued Heritage Lake Master Association and Firstservice Residential California, LLC and claimed...
READ MOREThe 4th Appellate District affirmed the Trial Court rulings in granting defendants’ Motion to Dismiss the case pursuant to section 581(I) based on plaintiff’s refusal and failure to appear for trial and for his failure to comply with local rules during trial. This case arises out of a premises...
READ MOREDefendant was the owner of the parking structure where plaintiff’s incident occurred. Plaintiffs settled with codefendants and proceeded to trial against the owner of the building claiming that it violated Beverly Hills building and municipal codes and regulations, and that the conduct of the valet attendants fell below the...
READ MOREPlaintiff brought this case arising out of motor vehicle and negligence claims. The facts of the case were that in 2021 CR&R’s trash truck operated by an employee was servicing residential bins on a cul-de-sac when it tapped a trash bin therein causing it to make contact with plaintiff’s...
READ MOREPlaintiff filed a lawsuit against our client, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), seeking damages for injuries allegedly sustained when Plaintiff fell into an open mechanic’s pit at the LACMTA facility while attempting to walk over it. Plaintiff alleged causes of action against LACMTA for Negligence and Dangerous...
READ MOREPlaintiffs, husband and wife, filed a lawsuit against our client West Coast Arborists (“WCA”) and the City of Carlsbad seeking damages for injuries allegedly sustained when a branch broke off and struck Plaintiff on the head, neck and back at a public park. Plaintiffs alleged causes of action against...
READ MOREPlaintiff asserted actions for battery and intentional infliction of emotional distress against Defendant, claiming that he was assaulted and battered by Doe 1 who was a construction worker employed by Defendant. Defendant moved for summary judgment on the basis that there was no evidence of any employment relationship, and...
READ MOREVivian Rivera appeared at the hearing for WCA’s Motion for Summary Judgment in the case of Theodore Pitts v. West Coast Arborists, Inc., et al. The Court granted Defendant’s MSJ, which was written in large part by associate Maya Rosen. This is a wrongful death action brought by the...
READ MOREWilliam Sanchez obtains Summary Judgment in slip and fall case based on duty and lack of control. Client is a family-owned restaurant operating out of Co-Defendant supermarket. Plaintiff’s Complaint alleged causes of action for Premises Liability and Negligence. After hearing oral arguments and taking the Motion under submission for...
READ MOREPlaintiff James Williams filed a products liability action against our clients Bombardier Recreational Products and Temecula Motorsports in June 2019, after being injured in an accident involving a Can-Am Maverick X3 offroad vehicle in 2017. Williams died from causes unrelated to the accident in June 2022, leaving the action...
READ MOREPlaintiff, Jane Doe, alleged that she attended college fraternity party at USC where she was served and consumed alcohol despite being underage. After becoming intoxicated at the party, Plaintiff alleged that she was sexually assaulted by a fraternity member who was also in attendance. The fraternity party at issue...
READ MOREDefendant presented evidence that it did not perform services on a fallen tree before the incident, and that the tree was not part of the inventory that Defendant was required to inspect. The court granted ruled in favor of Defendant on all three causes of action.
READ MOREIn this premises liability case, Plaintiff fell into a 3’ deep utility box that had a cracked plastic cover. The utility box, owned and maintained by PG&E, was built into the sidewalk of one of the Defendant’s apartment buildings. After the fall, plaintiff had emergency treatment, therapy, injections and...
READ MOREPlaintiff was driving her electric scooter when she fell as she was driving onto the uplifted portion of Slauson Distribution Center’s driveway, sustaining substantial injuries. Sully-Miller previously contracted with the City of Vernon for construction work on the roadway near the premises where Plaintiff fell. Based upon Sully-Miller’s prior...
READ MOREYoka | Smith team of Mary Childs and Meri Nacharyan prevailed in Orange County Superior Court on a Motion to Dismiss Plaintiff’s Complaint as to their client. Plaintiff brought forth her initial Complaint against the client amongst other defendants, alleging numerous causes of action for Negligence, Intentional Infliction of...
READ MOREMary Childs, Michael Sabongui, & Meri Nacharyan obtained summary judgment on behalf of our client, the employer of a driver whose vehicle collided with Plaintiff. As a result of the collision, Plaintiff suffered traumatic bilateral above the knee leg amputations. Plaintiff alleged that because the driver had tools for...
READ MOREThis auto v. auto accident occurred on Jun 7, 2018 at the intersection of 7th and B Street in Victorville, California. Pep Boys’ employee was driving southbound on 7th Street and made a left turn in front of plaintiff proceeding northbound on 7th Street. Plaintiff hit defendant’s truck in...
READ MOREThis case involves an alleged trip and fall around a pedestrian ramp at an outdoor lifestyle shopping center filed against numerous defendants. Plaintiff alleged that defendant Professional Security Consultants (“PSC”), the security contractor at the mall hired to provide security to the property, including a reasonable inspection of the...
READ MOREThe case involves an auto v. auto accident that occurred in a construction zone in the City of Hesperia. Plaintiff alleged that lack of proper signage caused/contributed to the auto v. auto accident which is the subject of her complaint. Another party, Defendant Chiramonte, made a left turn from...
READ MOREPlaintiff alleged his father worked for a company called Sound Control from 1955 to 2000 as an acoustical ceiling installer. Over Decedent’s career, Plaintiff alleged Decedent was exposed to a multitude of products that contained Asbestos which caused his mesothelioma and ultimate death. AMS was a distributor of ceiling...
READ MOREThe 2nd Appellate District affirmed the Trial Court rulings in granting Defendants Arsen Beremesh and Turo Inc.’s MSJ. This case arises out of a motorcycle v. automobile accident. In this case, Mr. Beremesh listed his vehicle on Turo’s platform and defendant Denis Kostritsa reserved and picked up the vehicle from...
READ MOREPlaintiff Oglesby was playing basketball when he injured his hand when he ran into a wall and put his hand through a glass enclosure where a fire extinguisher was mounted. Summary judgment was granted on the basis of express waiver of liability. Plaintiff appealed, arguing the release is void...
READ MOREPlaintiff alleged that she was in the women’s locker room when an off-duty aerobics employee came into the locker room, refused to leave while she was naked, and proceeded to record her. A verbal altercation ensued and both plaintiff and the employee recorded videos of the event. The employee...
READ MOREYoka | Smith attorneys Mary Childs and Meri Nacharyan prevailed in Los Angeles Superior Court on a motion to dismiss Plaintiff’s Complaint for failure to comply with discovery order. Plaintiff brought forth a complaint for negligence, alleging he slipped and fell on client’s premises. Plaintiff failed to comply with...
READ MOREYoka | Smith attorneys Christine DeMetruis and Vivian Rivera prevailed today in Monterey County Superior Court on a motion to quash on behalf of out of state clients based on lack of jurisdiction arguments.
READ MOREAlice Chen Smith and Kimberly Byrge obtained summary judgment today on behalf of a client who owns and operates a cemetery in a premises liability matter venued in Los Angeles Superior Court in which they argued Plaintiff failed to establish Defendant had actual or constructive notice of the existence...
READ MOREThis case involved a Plaintiff, Genoveva Cordes, who alleged that while she was shopping at a Smart & Final store in La Quinta, CA, a box of Styrofoam cups fell from the top of one of the shelves within the store and hit her on the head. Plaintiff claimed...
READ MOREThis case involved a single-vehicle rollover of a 2013 Honda Accord EX-L Coupe. The incident occurred as Plaintiff drove the subject vehicle at approximately 50 MPH into a parking lot embankment in San Rafael, California, causing it to become airborne, clearing nearly 63 feet of roadway, and landing on...
READ MOREPartners Alice Chen Smith and Christine DeMetruis obtained summary judgment today on behalf of their automotive distributor client on a strict product liability case in Los Angeles Superior Court, in which they argued that there is no evidence of defect and the vehicle was not preserved for litigation. The...
READ MOREPlaintiff filed a lawsuit against Defendant Los Angeles Homeless Services Authority (LAHSA). Defendant is a government agency that provides services to the homeless. Plaintiff was a homeless resident at a shelter and was bitten by a dog, owned by another homeless resident. Plaintiff alleged a single cause of action...
READ MOREDefendant driver rear ended Plaintiff on the freeway and Plaintiff alleged significant injuries, including TBI. Plaintiff filed suit for Motor Vehicle and General Negligence against the driver as well as our client, the transportation broker who arranged the haul and the supplier of aggregate materials, whose load had been...
READ MOREIn another victory in Palm Springs, Yoka | Smith attorneys Christopher Faenza and Arpine Esmailian commenced trial on a liability case, challenging causation and damages from an alleged chemical burn from a hotel spa. During trial, plaintiff and his counsel abandoned the case, made a motion for mistrial, then...
READ MOREOur office assumed this case three weeks prior trial. Prior to our firm’s substitution as counsel for the defendant, the trial judge on the case previously ruled that the defendants were subject to an Exclusion Order, which prohibited defendants from introducing any evidence, witnesses or experts on their behalf....
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was using a locker at a fitness club. He claims he stepped on a nail in the locker room. Defendant moved for summary judgment on the grounds that there are no triable...
READ MORE05.22.2023 This case involved a February 18, 2016 tire failure and single-vehicle rollover Ford F-350 pickup truck which was carrying four passengers and also pulling a 16-foot utility trailer. The incident occurred as the F-350 was travelling in excess of 90 mph on Highway 70 east of Roswell, New...
READ MOREIn this case (filed in Federal Court), the defendant, Leah Alspaugh, alleged ownership rights in the LA Fitness facilities and repeatedly presented at various Southern California LA Fitness locations interfering with daily operations and attempting to usurp funds from plaintiff, Fitness International. Following a two day trial, the jury...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while using the sauna. He claims he passed out due to the high temperature in the sauna. He admits he used the sauna previously and knew the temperature was very...
READ MOREPlaintiff sued several cemetery and mortuary defendants for alleged mishandling of her deceased husband’s remains based on invalid Durable Power of Attorney form submitted by decedent’s daughters, alleging causes of action for negligent infliction of emotional distress, intentional mishandling of remains, intentional infliction of emotional distress, breach of contract,...
READ MOREOn July 12, 2021, Plaintiff filed a claim for breach of contract and negligence against Defendant Forest Lawn in connection with the conveyance of an interment space allegedly purchased for her mother in 2004. In 2004, Plaintiff’s father passed away and a burial plot was purchased at Forest Lawn...
READ MOREDefendant was the manufacturer of tables used to decorate hotel rooms at a Doubletree Hotel near LAX. Each table had a marble top and a steel base. The base was attached to the marble top with 4 screws. The plaintiff claimed that the marble top fell off of the...
READ MOREPlaintiff filed a lawsuit against our client West Coast Arborists (“WCA”) and the City of Jurupa Valley seeking damages for injuries allegedly sustained when he crashed into a fallen tree on a public roadway. Plaintiff originally alleged that WCA had begun to cut the tree down and then abandoned...
READ MOREPlaintiff alleged the cemetery client was liable for misconduct for mortuary and funeral services for Plaintiff’s deceased son. Plaintiff alleged that the death certificate issued for her deceased son and the burial permit contained erroneous information, leading her to claim doubt that her son’s remains were buried by Defendants....
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while playing walking in a sauna. His foot fell into a drain on the floor. Defendant moved for summary judgment on the grounds that there are no triable issues of...
READ MOREPlaintiff claimed that she tripped and fell due to an uplifted sidewalk in unincorporated Los Angeles County while walking to work. Thereafter, Plaintiff testified that she tripped on a tree root in the adjacent parkway and fell onto the sidewalk. Plaintiff underwent multiple procedures and operations on her knee...
READ MOREPlaintiff Timothy Johnson was weightlifting on a leg press designed and manufactured by Brunswick Corporation at a LA Fitness club when he was injured when the weight carriage allegedly crashed down on him with 630 pounds of weights, causing injury to his lumbar spine and left knee. Plaintiff sued...
READ MOREThe related cases revolve around a 2-car accident and third-party pedestrian who was injured in the same. Yoka | Smith represented Turo and the owner of the vehicle involved in the accident Ilia Ivanov. Mr. Ivanov rented his Ford Mustang to co-defendant Josh Hermans on July 21, 2019, through...
READ MOREPlaintiffs alleged that on December 7, 2017, Frank Vawter (who was living out of his car), was parked adjacent to Holiday Park in the City of Carlsbad. Soon after Mr. Vawter exited his vehicle, a large tree limb landed on him and his vehicle, and he died as a...
READ MOREPlaintiffs, the husband and parents of decedent, filed this negligence/wrongful death action against SVF, LLC, the City of Carlsbad and North Country Transit District, after the husband tripped on an uneven surface area in parking spaces located across the street from a shopping center owned by SVF. As both...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while playing basketball, when the momentum of play caused his hand to go through a broken glass enclosure for a fire extinguisher due to Defendant’s failure to inspect and maintain....
READ MOREThis lawsuit was filed after Plaintiff slipped and fell on a seasonal display sign that had fallen off of a display rack at the Pep Boys. The store presented surveillance video which showed that the sign fell to the ground five minutes before Plaintiff’s incident. About two minutes after...
READ MOREChad Chen and Charlie Wang obtained judgment in favor of Great Eastern Enterprises, Inc., including the award of monetary damages, after a five-day bench trial over a commercial lease dispute. The plaintiff was a commercial tenant who leased warehouse space from Great Eastern. After the lease terminated, the plaintiff...
READ MOREWest Coast Arborists, Inc. (“WCA”) is a tree trimming company that contracts with various municipalities to perform tree trimming services across California and Arizona. Plaintiff was injured while riding a bicycle on a city street in the City of Costa Mesa (“City”). Plaintiff claimed that the street surface was...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club for negligence and premises liability for failure to maintain a handicap bench in a safe condition for use by its customers, causing plaintiff’s injuries. Defendant fitness club moved for summary judgment on the grounds that there are no triable issue of...
READ MOREAlice Chen Smith and Lauren Lofton obtained summary judgment on behalf of their fitness club client. Plaintiff filed a lawsuit against Defendant for gross negligence and negligent hiring, supervision and retention against Defendant and employee aerobics class instructor. Plaintiff alleged that she was injured during an aerobics class when...
READ MOREAlice Chen Smith obtained summary judgment on behalf of their fitness club client. Plaintiff filed a lawsuit against Defendant for negligence and premises liability. Plaintiff alleged that he slipped and fell in the steam room at the Defendant’s fitness club and that Defendant’s employees attempted to provide assistance after...
READ MOREJury Trial April 4, 2012 Christopher Faenza and Sean Kim obtained a defense verdict on behalf of United Business Management Company, LLC, in a wrongful death action, in which plaintiffs sought over $4 million in damages. Plaintiffs are the spouse and children of decedent Mr. Lee. On March 29,...
READ MOREAlice Chen Smith, Lauren Lofton and William Choi obtained summary judgment on behalf of fitness club client, where Plaintiff alleged the causes of action for Premises Liability, Unsafe Conditions, and Dangerous Condition of Private Property against Defendant. Plaintiff allegedly sustained injuries when she tripped and fell from a treadmill...
READ MOREPlaintiff filed a lawsuit against Defendant fitness club for negligence and premises liability. The Complaint alleged that Defendant fitness club failed to maintain the pool area, causing her injuries. Defendant fitness club moved for summary judgment on the grounds that the express waiver of liability is a complete bar...
READ MOREPlaintiffs filed a lawsuit against Defendants fitness club and product manufacturer for negligence, strict products liability, and loss of consortium, alleging that Defendant fitness club failed to maintain its fitness machines in a safe condition for use by its customers and that Defendant purchased and allowed plaintiff Tran to...
READ MOREPlaintiff Jeron Smith alleged that Defendant fitness club operator wrongfully obtained and used his images taken at a 2010 Nike photoshoot for large scale wall artwork at various fitness clubs and sued for 1) violation of privacy – false light; 2) misappropriation of name and likeness; 3) violation of...
READ MOREPlaintiff Donald Nickerson brought this putative class action against The Goodyear Tire & Rubber Company alleging that Goodyear’s Marathon trailer tires suffer from a design or manufacturing defect that causes premature failure. Plaintiff purported to allege causes of action for breach of express and implied warranties, violation of the...
READ MOREFacts: Plaintiffs operated a cigar shop located in Tustin, California. On or about October 17, 2015, there was a water leak at the cigar shop due to a broken pipe in the interior wall. The terms of the Plaintiffs’ lease agreement expressly required that 1) the Plaintiffs were solely...
READ MOREThis lawsuit was filed after a rear-end automobile collision involving three vehicles and two impacts. Plaintiff alleged she was rear-ended while completely stopped in traffic. Yoka | Smith represented driver of the third vehicle, and his employer. Plaintiff, who was 8 1/2 months pregnant at the time of the...
READ MOREPlaintiff alleged that she suffered a shoulder injury while using a malfunctioning treadmill at a LA Fitness club. She claimed the treadmill started moving very fast as soon as she turned it on. There are about 20 treadmills at the club, and plaintiff never identified which treadmill caused her...
READ MOREIn 2012, plaintiff, Plaintiff slipped and fell at a Pick Up Stix restaurant in San Bernardino. Plaintiff claimed that she sustained serious injuries and that she would need extensive surgeries in the future, including cervical spine and lumbar spine fusion, knee replacement, as well as other treatment. She made...
READ MOREPlaintiff worked as a groundskeeper for 7 years at a cemetery operated by California Cemetery and Funeral Services, LLC (CCFS). He sued several SCI affiliated companies, including CCFS, alleging that he was denied rest breaks and meal periods and that he wasn’t paid for hundreds of hours of overtime....
READ MOREAlice Chen Smith and Kimberly Byrge obtained a unanimous defense verdict in Abuershaid v. Fitness International, LLC. In this slip and fall case in which Plaintiff claimed a rotator cuff tear after slipping on water droplets in the front lobby of Defendant’s facility, Plaintiff claimed that Fitness had actual...
READ MOREChris Faenza and Lauren Lofton obtained summary judgment in this high-exposure wrongful death case. Plaintiffs claimed wrongful death (negligence), intentional infliction of emotional distress, and punitive damages against Defendants. Plaintiff’s decedent died after choking on a hot dog he was eating at a movie theater operated by Consolidated Entertainment,...
READ MOREPlaintiff, Austin Reilly sued Foothill Pizza, Inc. dba Domino’s Store #8174, and one of its delivery drivers (Michael Parker) alleging vicarious and direct liability. Reilly’s parents also sued for Intentional Infliction of Emotional Distress (IIED), though their claims were dismissed by way of nonsuit following openings. All three plaintiffs...
READ MORELauren Lofton obtained a tremendous appellate victory in the Second District Court of Appeals upholding her previous defense verdict. The plaintiff, Julie Halliburton, claimed that the contents of her storage unit were unlawfully sold in a forced lien sale by Stadium Properties, LLC. At the trial, in April 2017,...
READ MOREFitness International filed a Motion for Summary Judgment on the grounds that Plaintiff granted agency to his daughter to sign a membership agreement thereby binding Plaintiff to the waiver contained therein. Defendant was able to convince the court that regardless of the agency determination at the time the membership...
READ MOREIn 2015, Yoka | Smith obtained a defense verdict in a bench trial involving a dispute between certain property owners at a residential development in Ventura County. The dispute related to a wine making business operated by the Ketelhuts on their land and a small portion of the common...
READ MOREPlaintiff, Ron Chelgren, alleged that in October 2014 he tripped on an 8-inch “unleveled concrete pathway” in front of the service bays at a Just Tires store in Simi Valley. The store is operated by Goodyear. Plaintiff claims he fell to the ground after talking to a store manager...
READ MOREPlaintiff claimed the negligence of Defendant as a result of conduct on the part of a personal trainer. Plaintiff claimed Defendant’s trainer pushed/encouraged her during a workout session, causing Plaintiff’s knee to pop and thereby necessitating surgery. The court granted a partial directed verdict on the waiver issue and...
READ MOREDefense verdict in a slip and fall on Defendant’s premises resulting in a serious arm fracture and residual nerve damage. The jury determined the Defendant was not negligent.
READ MOREDefense verdict in motor vehicle accident case. Defendant’s commercial freightliner, loaded with jet fuel on a freeway, struck a blacked-out vehicle stopped in the lane. Defendant was unable to stop or change lanes to avoid the collision. The driver of the stopped vehicle, Chase Nickens, was transported to the...
READ MOREVictory in the Court of Appeal after 11 years of litigation. The original 2005 auto injury case had been dismissed for failure to prosecute. Subsequently, the Plaintiff died in an intersection accident in 2011, while riding a mobility scooter (required after his 2005 injuries). The decedent’s estate filed a...
READ MORE03.13.2018 Lauren Lofton and John Park obtain favorable result. Their Motion for Summary Judgment was granted for Defendant in a premises liability and negligence claim. Plaintiff signed a waiver of liability, therefore assumption of risk was a complete defense
READ MOREMary Childs and Aaron Case, Defense counsel, granted nonsuit by Court. Plaintiff failed to present evidence the Defendant had actual or contructive notice of the object that caused Plaintiff to trip and fall.
READ MOREThe 89-year old plaintiff sued Sully Miller Contracting Company after his foot fell into a whole created by Sully Miller as they worked along the street. Sully Miller dug a hole in the yard of Plaintiff’s house between the sidewalk and the curb as part of a municipal improvement...
READ MOREDefense Verdict Alice Chen Smith and Benjamin A. Davis obtained a unanimous defense verdict in an admitted liability case on behalf of Coastal Fumigation, Inc., Ismael Rodriguez, and Jose Everett Fisher in a personal injury action stemming from a motor vehicle accident that took place in September 2013. Defendant...
READ MOREMary Childs successfully defended The Raymond Group in a construction site accident case venued in the San Diego County Superior Court. During construction of the Connections Housing project Chartis Specialty Insurance’s insured, Allied Industries, Inc. (demolition subcontractor), at the direction of Turner Construction (general contractor) cut an opening in...
READ MORESung Ho (Sean) Kim obtained a defense verdict in favor of all of the firm’s clients in a three-day jury trial in connection with a lawsuit brought by Ms. Bailey. This case results from the loss of a jewelry box, and its contents. Ms. Bailey forgot a jewelry box...
READ MOREIn a published opinion by the Second Appellate District, the Court affirmed summary judgment for Fitness International, LLC. (Fitness) in a premises liability case brought by an injured club member named Kirk Anderson. The case involved a slip and fall injury sustained in a fitness club shower and Alice...
READ MOREMary Childs successfully defended Titan Contractors in the Los Angeles County Superior Court in a trip and fall case. Titan Contractors installed a handicap ramp at the Tesoro gas station. While the concrete was curing, before Titan could paint the newly installed curb, plaintiff stepped off the unmarked curb...
READ MOREAlice C. Smith obtained summary judgment in favor of Schaub Construction, Inc. and David Schaub as against plaintiff, which led to a dismissal of the entire lawsuit. On May 29, 2012, Plaintiff Brayan Fernandez fell through a skylight lens at a home in Westlake Village, CA while painting inside...
READ MORESix-week jury trial; fraud action brought by paving contractor against manufacturer of asphalt concrete relating to failure of pave roads; Bryan Martin co-lead trial counsel; defense verdict and recovery on cross-complaint for $1,159,797.05 plus prejudgment interest and attorneys fees.* *Result obtained by Mr. Martin while a partner at a...
READ MOREAlice Chen Smith obtained a favorable verdict on behalf of Paramount Construction Services, LLC and Michael Lewis Quinn after a five-day jury trial against the Ghozland Law Firm, which led to a dismissal of the entire action for a waiver of costs. On January 22, 2014, Plaintiff, Peter Reed,...
READ MOREState law product liability claim alleging personal watercraft manufacturer was negligent for failing to include an engine ventilation system in its design, was impliedly preempted by direct conflict with US Coast Guard decision to exempt personal watercraft from ventilation system safety requirement.* *Result obtained by Mr. Martin while a...
READ MOREState law product liability claim alleging personal watercraft manufacturer was negligent for failing to include an engine ventilation system in its design, was impliedly preempted by direct conflict with US Coast Guard decision to exempt personal watercraft from ventilation system safety requirement.* *Result obtained by Mr. Martin while a...
READ MORESuccessful Summary Judgment on high stakes commercial unlawful detainer action.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREChris Faenza successfully defended Asplundh Tree Expert Company in this Riverside Superior Court wrongful death matter. Defendant Asplundh Tree Expert Co. had contracted to trim trees along power line easements belonging to the power company, So. Cal. Edison. Plaintiff’s decedent, a farm worker, was working in an orchard harvesting...
READ MORESuccessful motion to dismiss recreational vehicle dealer protest, with prejudice.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MORESuccessful motion to dismiss with prejudice product liability and negligence claims against manufacturer of Class III medical device.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREBreach of contract and breach of warranty action against personal watercraft manufacturer and dealer.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREAlice Chen Smith obtained a defense verdict on behalf of Fitness International, LLC in a five-day jury trial against Girardi & Keese on July 29, 2014. Plaintiff sued Fitness International, LLC for negligence and premises liability for her alleged psychological injuries arising from an unlawful sexual relationship with another...
READ MOREPlaintiff, Kirk Anderson filed an action against Defendant, Fitness International, LLC for damages arising out of a slip and fall incident in a gym’s shower area. Plaintiff’s complaint is premised entirely on the contention that Plaintiff and others had previously slipped in the shower area and had asked Defendant...
READ MOREStephen H. Smith and Sung Ho (Sean) Kim obtained a defense verdict in favor of Colder Products Company in binding arbitration conducted in connection with a lawsuit brought by State Farm. Plaintiff, State Farm, alleged that Colder’s quick-disconnect coupling attached to a residential water filter system was defectively designed,...
READ MOREChris Faenza and Sung Ho (Sean) Kim obtained a dismissal of defendant Y. Park, by reason of the Court’s sustaining of Ms. Park’s demurrer. In this lawsuit, several plaintiffs sued Ms. Park and her restaurant, and other defendants, for failure to pay overtime and wages and for personal injuries....
READ MOREChristopher Faenza and Tim McCormick successfully defended a lawsuit involving allegations of a dangerous condition of public property, obtaining a dismissal in exchange for a waiver of defense costs. Plaintiff was a 21-year-old student at the University of California who rode his bicycle into a drainage catch basin on...
READ MORESuccessful summary adjudication on intentional interference with contract, and intentional and negligent interference with prospective economic advantage. Claims in dispute between tractor dealer and manufacturer.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREStephen H. Smith, Peter W. Felchlin and Lauren A. R. Lofton obtained judgment on behalf of three clients, a business landowner and two former property owners, in which the plaintiff alleged causes of action for negligence, trespass, nuisance and conversion against the clients, and inverse condemnation against several public...
READ MORESuccessful summary judgment on federal preemption grounds on plaintiff’s state law product liability claim, alleging personal watercraft manufacturer was negligent for failing to include an engine ventilation system in its design, where US Coast Guard exempted personal watercraft from ventilation systems safety requirement. Affirmed on appeal.* *Result obtained by...
READ MOREBreach of contract and breach of warranty action against off-road vehicle dealer. Nonsuit.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREPeter Felchlin, in a three-week jury trial, obtained a defense verdict for the State of California, Department of Transportation. On February 7, 2010, plaintiffs John Wesley Patrick and Joseph Matyasik were southbound on Interstate 15 near the Jurupa Street exit when a 55-pound steel plate crashed into the roof...
READ MOREChristopher E. Faenza and Lauren A. R. Lofton obtained a defense verdict on behalf of a client restaurant owner in a negligence action involving a third-party criminal assault against one plaintiff and settled the other plaintiff’s case post-verdict for less than 1 percent of the demand to the jury...
READ MOREStephen Smith and Aaron Case obtained judgment in favor of 24 Hour Fitness, USA, Inc., which led to a dismissal of the entire lawsuit. Plaintiff was injured while working out on a FreeMotion Dual Cable Cross Machine at the 24 Hour Fitness club in Santee, California. Plaintiff alleged that...
READ MOREChristopher Faenza and Peter Felchlin obtained a defense verdict in a three-week trial construction site/vehicular accident involving catastrophic injuries. On October 27, 2010, plaintiff Thomas Gutzwiller, 52, a construction supervisor for Riverside Construction, was engaged in a major flood control repair program for the County Flood Control District and...
READ MOREStephen H. Smith and Lauren A. R. Lofton obtained judgment on behalf of a client hotel owner in this negligence/premises liability action involving plaintiff’s slip-and-fall incident that occurred in a parking structure just outside the Pasadena Hilton. On October 31, 2011, plaintiff was a hotel guest who, upon entering...
READ MORENegligence and premises liability action against grocery retailer. Hung jury let to successful post-trial settlement.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREStephen Smith and Sung Ho (Sean) Kim obtained a defense verdict in favor of Colder Products Company in binding arbitration conducted in connection with a lawsuit brought by California State Automobile Association. Plaintiff, CSAA, alleged that Colder’s quick-disconnect couplings on a residential water filter were defective caused and caused...
READ MOREChristopher Faenza and Alice Smith obtained a defense verdict on behalf of Home Depot U.S.A. Inc. and J’s Maintenance Services Inc. in this negligence/premises liability action involving plaintiff’s slip-and-fall incident that occurred at the Home Depot located in Goleta, California. On August 31, 2008, plaintiff and his wife went...
READ MORESuccessful summary judgment on product liability and negligence claims against manufacturer of dental needle.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREStephen Smith and Sung Ho (Sean) Kim obtained summary judgment on behalf of Colder Products Company in a lawsuit brought by State Farm General Insurance Company. Plaintiff, State Farm, claimed that Colder Products Company (“CPC”) caused or was responsible for property damage that occurred to State Farm’s insured Alfred...
READ MOREIn the early morning of January 8, 2009, plaintiff Jerry Lynn Perkins headed from his home in Burbank to his mother’s home in Sun Valley in his mother’s 1951 Chevy Coupe. Plaintiff was heading northbound on Glenoaks Blvd. Eduardo Diaz, a professional truck driver for Royal Violet LLC, was...
READ MOREJury Trial Negligence and premises liability action against grocery retailer. Nonsuit.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREYoka | Smith obtained summary judgment in favor of Cooper Tire & Rubber Company in Villaneuva vs. Cooper Tire, a case that involved a single-vehicle rollover following a tire tread separation. The driver, Maria Villanueva, sustained injuries in the accident leaving her a quadriplegic. Plaintiffs alleged the Cooper-made tire...
READ MOREChristopher Faenza and Sean Kim obtained a defense verdict on behalf of Suk Ki Lee in a breach of contract lawsuit, in which plaintiff sought over $1.2 million in damages. Plaintiff, Mi Ryong Song, claimed that Suk Ki Lee improperly and unlawfully gave or disclosed the terms of a...
READ MOREStephen Smith obtained a defense verdict on behalf ICON Health & Fitness, Inc., in a product liability and breach of implied warranty action stemming from a fall on a treadmill. On August 28, 2008, plaintiff Joanne Diehl, a 60-year-old professor at the University of California, Davis, fell in her...
READ MOREIn June of 2011, Yoka | Smith obtained a summary judgment on this multi-party personal injury case arising from a one-vehicle automobile accident that took place in Baja California, Mexico. According to plaintiffs’ complaint, the accident occurred due to the alleged disablement of a defective tire allegedly manufactured by...
READ MOREAnthony Latiolait and Jeffrey Gordon obtained a defense verdict on behalf of Continental Tire North America, Inc. ,(now known as Continental Tire the Americas, LLC) in a product liability and negligence action stemming from a single vehicle accident. On September 12, 2005, a 1988 Chevrolet Van, driven by Milagros...
READ MOREStephen Smith & Chris Leyel obtain summary judgment in this commercial fire loss case. On December 6, 2001, an electrical fire took place in the subterranean vault of a 20-story commercial office property known as the Hollywood Panorama Tower. The building was owned by Hollywood Panorama Towers, Inc. (HPT)....
READ MOREStephen Smith and Sung Ho (Sean) Kim obtained summary judgment on behalf of a construction contractor, Pouk & Steinle, Inc., in a lawsuit brought by Pacific Bell. Plaintiff, Pacific Bell, claimed that Pouk & Steinle caused or was responsible for damages of over $160,000 to its telecommunication cables while...
READ MOREStephen Smith obtained summary judgment on behalf of a funeral home in this unusual case involving the wrongful harvesting of the decedent’s corneas. The decedent, a twenty nine year old woman, died from complications of childbirth at Long Beach Memorial Hospital. Her family retained the firm’s client, Grupo Deco...
READ MOREChristopher Faenza and Sean Kim obtained a defense verdict on behalf of Richtown Realty and a nonsuit in favor of Googol, LLC, in a lawsuit brought by plaintiff for fraud and punitive damages. On April 5, 2005, plaintiff and defendant Googol, LLC, executed a commercial lease agreement. Richtown Realty...
READ MORESummary judgment on negligence claim for injuries caused by collision between runaway railcar and tractor operated by plaintiff.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREIn product liability action, trial court abused it discretion in finding certain communications between defendant and its attorneys were discoverable.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREChristopher Faenza and Alice Chen obtained a defense verdict on behalf of L.A. Fitness International, LLC, in this negligence/premises liability action involving plaintiff’s slip-and-fall incident that occurred at the stairs leading from an elevated Jacuzzi at the L.A. Fitness facility located in Alhambra, California. On May 19, 2007, plaintiff...
READ MORESummary judgment on negligence and premises liability claims against railcar service and maintenance company relating to plaintiff’s fall from a railcar due to alleged slippery substance.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREIn an unpublished opinion, Division Three of the Fourth Appellate District affirmed the trial court’s award of attorneys’ fees and costs, totaling approximately $300,000, obtained by Christopher Faenza and Kelly Douglas of Yoka | Smith in Robins v. Regal Entertainment Group.
READ MOREIn a published decision, the Second Appellate District of the California Court of Appeal upheld the trial court’s granting of summary judgment obtained by Yoka | Smith in Mora v. Hollywood Bed. In its decision, the Court of Appeal held that a plaintiff seeking the benefits of the punch...
READ MOREIn a published decision, the Second Appellate District of the California Court of Appeal upheld the trial court’s granting of summary judgment obtained by Yoka | Smith in Mora v. Hollywood Bed. In its decision, the Court of Appeal held that a plaintiff seeking the benefits of the punch...
READ MOREEmployee whose arm was crushed in power press failed to establish that employer specifically authorized failure to install, or removal of, point of operation guard as required to bring case within statutory “power press” exception to exclusive remedy rule of workers’ compensation law.* *Result obtained by Mr. Martin while...
READ MOREStephen Smith obtained summary judgment on behalf of an outdoor furniture manufacturer in this personal injury lawsuit in which a partial-paraplegic sustained third-degree burns from contact with the metal surface of the insureds lawn furniture. The lawn furniture, located at the pool area of co-defendant’s residential complex had been...
READ MOREChristopher E. Faenza obtained a defense verdict on June 2, 2008, for Maggiano’s, Inc. Plaintiff, Barbara Dunne, claimed that she fractured her left wrist when she slipped and fell in the bar area as a result of a prior wine spill. There was no dispute that the restaurant employees...
READ MOREChristopher Faenza obtained a defense verdict on behalf of L.A. Fitness International, LLC, in this negligence/premises liability action involving a physical altercation between two sets of brothers — Michael and Jason Briggs, and Ricky and Juan Cavazos — on a basketball court at the L.A. Fitness facility located in...
READ MOREChristopher Faenza obtained a defense verdict on behalf of defendants, Colich & Sons and J.C. Equipment, in a case involving a motor vehicle accident resulting in an alleged skull fracture and moderate brain injury. On November 28, 2005, plaintiff, Jose Ramirez, a 32-year-old laborer, was a passenger in a...
READ MOREProduct liability and negligence action brought by paraplegic plaintiff against manufacturer of all-terrain vehicle. Defense verdict.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MOREChristopher E. Faenza obtained a defense verdict for Sentry Control Systems, Inc., following a six-day jury trial before the Honorable Lois Smaltz. Plaintiff, Kathy Faulstich, claimed she was injured when she attempted to walk under a vehicle-access barrier gate arm that was attached to parking revenue control equipment manufactured...
READ MORESuccessful motion to quash service of summons and complaint for lack of personal jurisdiction.* *Result obtained by Mr. Martin while a partner at a previous law firm.
READ MORE02.13.2007 Christopher Faenza obtained a defense verdict on behalf of Regal Entertainment Group in this wrongful death and survival action where plaintiff alleged claims of negligence, as well as violations of the Unruh Civil Rights Act, the California Disabled Persons Act, and the California Public Accommodations Law, premised on...
READ MORESummary judgment on Labor Code section 4558 claim brought by plaintiff whose arm was crushed in power press.* *Case handled by Mr. Martin while a partner in prior law firm.
READ MOREYoka | Smith successfully argued and won a motion for summary judgment in this claim against Hollywood Bed & Spring Mfg. Co. The plaintiff was injured while operating a power press machine at Hollywood Bed’s manufacturing facility in Commerce, California. At the time of the accident, the plaintiff placed...
READ MOREDavid McCann obtained a defense verdict on behalf of the County of Los Angeles following this jury trial. The plaintiff claimed she tripped and fell in a hole in a sidewalk that she claimed measured roughly 12″ x 18″. Plaintiff alleged that the hole was created when county employees...
READ MOREChristopher Faenza obtained a judgment of nonsuit in this slip and fall occurring at Ruby’s Restaurant in Palm Springs. Plaintiff slipped on “something,” but could not identify what substance was on the floor. As a result of her fall, she fractured her pelvis and was hospitalized for a week,...
READ MOREStephen Smith tried this product liability/negligence matter to a defense verdict although a plaintiff’s verdict in the amount of $10 was rendered against the co-defendants. Yoka & Smith represented a Netherlands company, Benelux-Apex, which sold a preheater system to Air Products and Chemicals to replace that company’s existing system....
READ MOREThis matter was tried to a defense verdict on the cross-complaint by David McCann. When the defendant Haberman, a member of the Toluca Lake Property Owner’s Association stopped paying her dues, the Property Owner’s Association filed an action for breach of contract and unjust enrichment, seeking to obtain nearly...
READ MOREChristopher Faenza obtained a defense verdict in this matter involving a claimed injury after tripping and falling at a Romano’s Macaroni Grill in Northridge, California. plaintiff alleged that she tripped over a mat that was dangerous and that, as a result, the restaurant was responsible for her injuries, including...
READ MOREThis contractual indemnity case ended in a defense verdict. The underlying case involved a slip and fall by plaintiff Jimmie Ann Lane. Ms. Lane tripped and fell at the front entrance of cross-complainant’s, Rite Aid Store in the City of Long Beach. Ms. Lane alleged that in addition to...
READ MOREThis is a case that was successfully tried by Christopher E. Faenza to a defense verdict on the cross-complaint before the Hon. Tracy T. Moreno in Dept “86” Los Angeles Superior Court, San Pedro. In the case, cross complainant, Thrifty Payless sought $80,000 in attorney’s fees and costs based...
READ MOREThis wrongful death case ended in a defense verdict. The case involved the death of an 11-year-old boy who was killed while riding a skateboard on his back (commonly referred to “street luging”). The accident happened as the decedent was traveling through a Rite Aid parking lot in El...
READ MOREStephen Smith obtain summary judgment in favor of our client in Martinez vs. Southland, a case that involved a case of extensive amputation injuries to plaintiff Bertina Martinez’ right major hand arising out of a punch-press accident. Plaintiff sued Heim Corporation, which had purchased the assets of Liberty’s insured,...
READ MOREThis admitted liability case arose out of a rear-end accident. plaintiff, a 42-year-old lineman for Southern California Edison, claimed that as a result of his being rear-ended by defendant, he sustained herniated lumbar disk at two levels, necessitating surgery, including a spinal fusion. This diagnosis was agreed to by...
READ MOREThis products liability resulted in a defense verdict. This action involved an accident in which the plaintiff was using a free-gliding exercise machine called the Weslo Easy Stride, manufactured by Icon Health & Fitness, Inc. Plaintiff claimed that while he was attempting to dismount the machine, he fell, fracturing...
READ MOREMotion for summary judgment granted in favor of defendants. David McCann represented the defendant trucking company and its driver in this two-vehicle accident that occurred in October 1997. Plaintiff, an 18-year-old passenger in a vehicle operated by a co-defendant, claims to have sustained various closed head injuries when her...
READ MOREIn an opinion certified for publication, Walter Yoka had the granting of his motions for nonsuit affirmed by the California Court of Appeal, Second District (Alvarez v. Jacamar (2002) 100 Cal.App.4th 1190). Mr. Yoka was assisted at trial and in the preparation of the respondent’s brief. This case arose...
READ MOREResulted in a defense verdict. Plaintiff was the driver of a vehicle that he claims was rear-ended by an MTA bus. Although it was undisputed that plaintiff’s vehicle was in fact rear-ended, we argued at trial that plaintiff was solely responsible for the incident as he repeatedly accelerated and...
READ MOREWalter Yoka scored a defense verdict for client Goodyear Tire & Rubber Co. after a 13-day trial in a wrongful termination case. The plaintiff, a 45-year-old store manager and 22-year employee of Goodyear, was terminated in 1998 after an internal investigation revealed that he had miscoded sales invoices, selling...
READ MOREAn alleged trip-and-fall accident occurred wherein plaintiff allegedly tripped over a raised portion of sidewalk and then fell into a parked car, fracturing her wrist. Plaintiff contended that the raised portion of sidewalk was a dangerous condition and that the County of Los Angeles constructive notice of the defect....
READ MOREDavid T. McCann represented the defendants, County of Los Angeles and its employee, Gilbert Nelson. This case arose out of a two-vehicle accident that occurred in March 19, 1999, in Los Angeles. At that time, Mr. Nelson, in the course and scope of his employment with the County of...
READ MORETrial December 2000 David T. McCann LASC case number: 97K23673 This case arises out of an incident that occurred on June 18, 1997, in downtown Los Angeles. At that time, an MTA passenger bus was approaching a bus zone when a passenger car parked along a curb moved forward...
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