Our Victories

Represented many manufacturers and property owners in matters involving alleged releases of hazardous materials to air, soil and groundwater including: 

• Negotiations with governmental enforcement agencies regarding information requests and clean-up and abatement orders;
• Defense of actions initiated by public entities including the USEPA, Regional Water Quality Control Boards and private parties under CERCLA, RCRA and various state claims;
• Prosecution of claims for equitable indemnification and contribution against parties responsible for contamination;
• Activities related to purchase and sale agreements involving environmental representations and warranties;
• Due diligence involved in the sale and purchase of real property.

Corporate restructuring of a property management company.

Obtained summary judgment in favor of one of the largest electric utility companies in the United States in a case filed in Santa Clarita County Superior Court involving $34M in alleged property damage caused by the uncontrolled release of surface drainage water, mud and debris flowing from a utility access road onto neighboring residential properties.

Successfully defended administrative claims brought by workers claiming misclassification, unpaid commissions and overtime, failure to provide meal and rest periods and violation of California minimum wage requirements. Claimants were awarded nothing on their claims.

Plaintiff sought indemnity and contribution against P&S client arising out of an incident wherein salad oil being transported via two shipping containers leaked onto the roadway. The resulting oil on the roadway caused multiple car accidents and two injured motorists filed suit against the driver of the truck and his employer. Plaintiff sought to recover from all the parties associated with the shipment, including P&S’ client, that manufactured the salad oil. Plaintiff alleged that P&S client mishandled the fulfillment of the shipment by overfilling the two shipping containers.

Property damage and personal injuries.

Plaintiff dismissed P&S client for a mutual waiver of costs.

Plaintiffs alleged that decedent developed mesothelioma as a result of exposure to asbestos containing products while working with and around cooling towers. Plaintiff dismissed P&S client for a mutual waiver of costs after discovery affirmed lack of product identification.

Obtained judgment at trial in favor of manufacturer of racing valves for NASCAR application in action initiated by client’s competitor and former employer for misappropriation of trade secrets and breach of employment agreement. Established that action had not been prosecuted in good faith and recovered well over half a million dollars in attorneys’ fees and costs under the Uniform Trade Secrets Act.

Negotiated purchases and sales of commercial real property and partially improved residential property development.

Attained dismissal of federal action alleging alter ego liability and fraud against owner of international corporation that had defaulted on contractual obligation to vendor pursuant to motion arguing that all of defendant's alleged actions were strictly protected and could not form basis for complaint.

On January 10, 2017, Plaintiffs, Alfonso Mijarez and Alicia Mijarez (collectively “Plaintiffs”), filed a complaint against Defendants, Eagle Trucking & Crane Services, Inc., Dustin Frazier O’Donnell and Joe D. Elliott (collectively “Eagle Trucking Defendants”), and Co-Defendants, Glendy Guadalupe Del Castillo and Isaura Villanueva (collectively “Co-Defendants”), alleging that Mr. O’Donnell was at fault for the bodily injuries Plaintiff sustained when his vehicle was struck by a Toyota driven by Ms. Del Castillo on February 6, 2015. Settled for $85,000.00.

In Employment Development Department investigation into misclassification of independent contractors, successfully appealed a $268,000 assessment down to $4,500.

Plaintiffs contended that their decedent developed non-Hodgkins lymphoma as a result of occupational exposures to benzene at a metal office manufacturing facility between 1982 and 2002. Plaintiffs dismissed two P&S clients: a manufacturer of adhesive and coating products; and a manufacturer of laboratory-grade trichloroethylene for a waiver of costs.