SUSAN BARILICH, P.C. 535 N. BRAND BLVD. STE.504GLENDALE, CALIFORNIA 91203818-500-0377 We have handled many cases. So you will have a better understanding of our practice, some of them are described below.
BUSINESS LITIGATION
• Trademark Infringement: The firm successfully defended a business owner against claims that the business had infringed the trademark of another business. The claims were brought in federal Court under the Lanham Act. We obtained summary judgment for our client on all counts and judgment was entered in our client’s favor.
• Injunctive Relief: The firm represented the plaintiff, a homeowners association, in a case in which we obtained injunctive relief concerning the alleged violation of a number of covenants and restrictions by the investor/owner of several condominium units. My client also obtained significant damages by way of the collection of unpaid dues and assessments, and obtained a judgment for its attorney fees.
• Breach of Contract: The firm represented the plaintiffs and obtained an injunction restraining the sale of certain real property and other business assets, and we also obtained an order requiring the defendants to give an accounting for several land deals that my clients were supposed to receive the proceeds from, but did not. Our clients also received damages as compensation for each of the deals they were cut out of.
• Breach of Fiduciary Duty/Fraud/Business Torts:
The firm was retained as co-counsel in a case in which our client claimed that the defendant unlawfully used its trade secrets, converted its business property, and breached fiduciary duties. The defendant filed cross claims for fraud, RICO, and an ownership interest in our client’s company. The defendant’s cross claims were all thrown out by the Court, and the case was then settled.
• Collection: The firm represented a seller of a high-tech warning device in a breach of contract claim in which the buyer claimed the device did not work and refused to pay for them. We asserted cross-claims against the buyer for payment, and the claims were ultimately settled satisfactory to our client.
REAL ESTATE LITIGATION
* Construction: The firm represented a steel subcontractor regarding a payment dispute with the general contractor on a shopping center project . The case was heard by an arbitrator and a number of performance and payment issues were raised. My client prevailed and recovered its attorneys fees in a six-figure amount.
• Landlord/Investor Issue: The firm represented the owner/investor in a condominium. The plaintiff alleged that our client had wrongfully deprived him of his security deposit, had made false representations about the condition of the premises, and had mis-described the premises under lease. The case proceeded to trial. Judgment was entered in my client’s favor, and the plaintiff obtained no recovery. In addition, because attorney fees were available by statute to the prevailing party, we were awarded our attorney fees against the plaintiff, which the plaintiff eventually paid.
• Eminent Domain: The firm represented a business owner in an eminent domain proceeding involving a total taking of the business premises, both land and building, that he owned. The case was resolved immediately prior to the hearing for an amount that significantly exceeded the government’s offer prior to initiating the eminent domain proceeding.
• Real Estate Fraud/Boundary Dispute: My client’s company was sued for fraud involving the sale of undeveloped land. The plaintiff alleged a boundary dispute and claimed that my client was aware of it before the property was sold. The case proceeded to trial and the trial lasted for three weeks. Judgment was entered in my client’s favor and the plaintiff recovered nothing. The Court also awarded my client attorney fees in the six-figure range under the contract between the parties, and court costs in the five-figure range. The case went up on appeal, and we were successful in upholding the judgment.
• Construction Defects: The firm successfully represented individual homeowners in an arbitration in which the client was awarded substantial damages resulting from the failure of a roofing contractor to perform its obligations under the contract it had with our client.
