Commercial Litigation
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CPM has decades of experience and a proven track record of success in Key Contacts commercial litigation. CPM understands the need to litigate cases in a Joseph W. Cotchett
cost-effective manner. Years of experience, well thought out strategies [email protected] and strong execution of those strategies allow CPM to achieve excellent Nanci E. Nishimura
[email protected] results for its clients without excessive costs. Anne Marie Murphy
If you would like to discuss your potential or pending commercial [email protected] litigation case, please follow up with Mark Molumphy, Nancy Nishimura, Brian Danitz [email protected] Anne Marie Murphy or Brian Danitz.
● Email Mark Molumphy
● Email Nancy Nishimura
● Email Anne Marie Murphy
● Email Brian Danitz
● Call Mark Molumphy, Nancy Nishimura, Anne Marie Murphy, or Brian Danitz at (650) 697-6000.
Noteworthy Cases
MIGSIF, et al. v. Mameesh et. al. San Mateo County Superior Court
CPM represented a real estate entrepreneur and fund manager in litigation against his former joint venture partner. The case involved millions of dollars’ worth of San Francisco real estate. CPM’s clients claimed that their long-time business partners overpaid themselves out of joint venture properties. In a jury trial, CPM prevailed on its clients’ claims and also defeated the defendants’ countersuit, which claimed entitlement to half of the real estate fund’s profits.
Miele v. Franklin Resources, Inc. et al. USDC, Northern District of California
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CPM successfully defended one of the world’s largest investment management firms and its former CEO, who allegedly failed to safeguard shares of Franklin stock purchased in 1973 to be held in trust for the plaintiff and valued at almost $200 million 40 years later. The district court granted Franklin’s motion for summary judgment, dismissing the case, and the Ninth Circuit affirmed the judgment on appeal.
John’s Grill v. Hartford Financial Services Group, et al. San Francisco County Superior Court
CPM represents iconic San Francisco restaurant, John’s Grill, and other businesses, in a series of cases alleging bad faith refusal to provide insurance coverage for business interruption caused by the COVID-19 pandemic and related Civil Authority shutdown orders.
JD Brothers LLC et al. v. Liberty Asset Management Corporation et al. USDC, Northern District of California
CPM successfully prosecuted claims by investors in a real estate venture that they were defrauded in a series of complex transactions. The case settled after jury selection and the district court entered stipulated judgments totaling $10 million in favor of the plaintiffs.
Koo, et al. v. Happe, et al. Sacramento County Superior Court
CPM represents investors alleging they were defrauded in a Ponzi-scheme involving the purchase of distressed mortgage notes.
Morning Star Fisheries, et al. v. San Mateo County Harbor District San Mateo County Superior Court; JAMS Arbitration
CPM successfully represented San Mateo County Harbor District in a series of commercial disputes with fisheries located at Johnson Pier in El Granada, California. After an eleven day hearing, the Arbitrator ruled in favor of the District on all claims and ordered the fisheries to pay the District over $500,000 in attorney fees and costs for defending the lawsuits.
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In re: LIBOR-based Financial Instruments Antitrust Litigation USDC, Southern District of New York; MDL Proceeding
CPM represents more than a dozen California cities, counties, and public entities, including East Bay Municipal Utilities District, San Diego Association of Governments, San Diego County, San Mateo County, City of Richmond, and the UC Regents against major financial institutions including Bank of America, Citigroup, JPMorgan, and Deutsche Bank, alleging they manipulated the global benchmark interest rate known as the London Interbank Offered Rate (LIBOR). CPM’s individual cases are consolidated with dozens of nationwide class actions in New York.
Boyd v. Boyd San Mateo County Superior Court
CPM successfully defended against a claim that CPM’s client owed the defendant for alleged oral loan agreements made over several decades. After the close of evidence in the jury trial, the court directed judgment for CPM’s client. CPM successfully defended the trial court result on appeal. In a related case brought by the same plaintiff against the defendant’s epicurean food business, CPM obtained an immediate dismissal of the case (Boyd v. Epicure).
Municipal Derivatives Antitrust Litigation USDC, Southern District of New York; MDL Proceeding
CPM represented more than 24 cities, counties, utilities, and educational institutions including the City of Los Angeles, Los Angeles World Airports, San Mateo County, East Bay Municipal Utility District, and the UC Regents against major banks and insurance companies, including Bank of America, Wells Fargo, and JPMorgan, alleging they rigged the bidding process for investing millions in municipal bond funds.
Ambac Bond Insurance Litigation San Francisco County Superior Court
CPM represented 26 cities, counties, educational institutions and non-profits, including the UC Regents, City of San Jose, City of Riverside, and Sacramento Municipal Utility District against bond insurers and credit rating agencies, including Ambac, MBIA, and Standard & Poor’s, alleging the defendants conspired to suppress the plaintiffs’ credit ratings to compel them to purchase costly insurance to enhance the ratings of their bond issuances.
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Phelps v. Van Dyk Mortgage Corporation Santa Clara County Superior Court
CPM represented investors who were victims of a misappropriation scheme. After the court issued its ruling on summary judgment, the case settled on favorable terms.
Universal Paragon Corporation v. Ingersoll-Rand Company
USDC, Northern District of California
CPM represented a property developer in litigation relating to a decades-long dispute over DNAPL (Dense Non-Aqueous Phase Liquid) contamination caused by solvents from a lock factory owned by the Schlage Lock Company, before it was acquired by Ingersoll-Rand. The Visitacion Valley property, which was the subject of the litigation, is some of the most valuable and underdeveloped property in the Bay Area but the contamination and litigation prevented any serious effort to develop this property. CPM’s aggressive litigation strategy resulted in a successful resolution of the litigation, creating an opportunity to develop Visitacion Valley into a commercial center in the Bay Area. The California Court of Appeal described CPM as an “experienced litigation firm that obtained a ‘stupendous’ result for the [client].”
Siller v. Siller Brothers, Inc. Sutter County Superior Court
The firm successfully represented a minority shareholder in a dissolution proceeding and trial establishing a value for his corporate interest at more than double that of the court-appointed appraisers.
Tax Shelter Cases CPM successfully represented a number of taxpayers who were induced into investing in different tax strategies based upon representations by tax professionals like BDO Seidman, KPMG and Ernst & Young that the investments were legitimate. In fact, the investments were illegal tax shelters and the taxpayers had to pay back-taxes, penalties and interest.
Olympus v. Taisei Construction Santa Clara County Superior Court
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The firm successfully represented the owner of the prestigious Calistoga Ranch Resort in an action for fraudulent overbilling against Taisei Construction.
Montana Power CPM successfully represented individuals in a bankruptcy against Goldman Sachs and Millbank Tweed arising out of the collapse of Montana Power Company. Millions of dollars were returned to the clients.
News Aided by CPM, the Historic Cliff House San Francisco Restaurant Sues Allianz Insurance and Affiliates
07.29.2020
CPM Helps Small Family Dairy Farms Obtain Major Victory in California Dairy Civil War
07.29.2020
CPM Helps Steve Wozniak and 17 Fraud Victims Sue YouTube and Google Over Fraudulent "Bitcoin Giveaway" Scam
07.22.2020
Woman with Emotional Support Dog Traumatized by Groomer Has CPM File Lawsuit Against Petsmart
07.08.2020
Represented by CPM, Historic John's Grill Sues Hartford Insurance and Affiliates
04.15.2020
Lawsuit Filed By CPM Against Fraudulent Puppy Traffickers Who Sold Sick Dogs via Craigslist
12.16.2019
CPM Fights for Rights of Estranged Wife of Android Creator Andy Rubin; Court Documents Show How Google Paid Off After He Was Accused of Sexual Misconduct
BuzzFeed.News , 07.02.2019
As CPM Fights for Fire Victims, California Says PG&E Power Lines Caused Camp Fire That Killed 85
The New York Times, 05.15.2019
As CPM Represents Victimized Estranged Wife, Ex-Google Star Rubin Spars to Keep Divorce Fallout Secret
Bloomberg, 04.25.2019
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CPM Founder Joe Cotchett Selected to America's Top 100 Bet-The-Company Litigators
04.19.2019
CPM Clients Wildfire Victims Accuse PG&E of Resisting Oversight
Courthouse News, 03.04.2019
Attorneys (including CPM): PG&E has long failed to handle wildfire risk
San Francisco Chronicle, 03.01.2019
Plaintiffs (CPM clients) file opposition to Motion to Strike in ongoing litigation over February 2017 Oroville Dam crisis
02.01.2019
PG&E bankruptcy will be an expensive process
KTVU
PG&E Sees ‘Significant Liability’ in California Wildfire Report
Bloomberg, 06.11.2018
Cal Fire Releases Cause of a Dozen More October Fires: Nearly All Tied to PG&E
KQED , 06.08.2018
CPM Partner Frank Pitre Receives the 2018 Lifetime Legal Achievement Award for Advocacy Regarding California Wildfires
06.02.2018
CPM Sues Pacific Gas and Electric Company for Rash of Deadly Northern California Wildfires
NBC Bay Area News, 11.14.2017
CPM Among Five Top Law Firms to Announce Series of Lawsuits against PG&E on behalf of Fire Victims
Davis Vanguard, 11.14.2017
CPM client former SF mayor among plaintiffs in seven new lawsuits against PG&E over North Bay fires
San Francisco Examiner, 11.14.2017
New PG&E reports show widespread problems during Wine Country fires
San Jose Mercury News, 10.31.2017
KGO Radio Interview: CPM Partner Wildfire Litigation Expert Discusses "Is PG&E Responsible for the North Bay Fires?"
KGO Radio, 10.18.2017
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California fire mystery: PG&E lines fell in winds that weren’t ‘hurricane strength’
San Jose Mercury News, 10.12.2017
Dispatch calls link PG&E power lines to North Bay wild fires, cause still under investigation
KTVU, 10.12.2017
CPM Wildfire Litigation Experts Leading Charge of Investigation on North Bay Fires
CPM Files Lawsuit Contesting Rent Increases That Were Not Permitted by Law
09.20.2017
CPM Files Government Claim Alleging the California Department of Water Resources Is Responsible for Damages from the Oroville Dam Spillway Flooding
08.02.2017
CPM client Burlingame family suing city over storm damage to home
ABC 7 News, 07.15.2017
CPM Helps First Major Wave of Millennium Tower Individual Owners File Suit
02.10.2017
Lawsuit Filed by CPM Client against PetSmart and PetSmart Groomer for Loss of Puppy
11.22.2016
CPM Prevails On Ownership of WWII Tanks
Tow companies take AAA to court over 'threats'
East Bay Times, 05.06.2016
Beats Electronics disputes Monster suit
USA Today, 03.03.2016
CPM Achieves Unanimous Jury Award for Small Business Owner
08.05.2015
Beatrayed by Dre?
Bloomberg Business, 06.22.2015
Judge hears auto shop lift dispute: CPM Client Hudson Automotive, San Mateo city officials in court
San Mateo Daily Journal, 06.16.2015
CPM Represents Monster Cable in Lawsuit Against Dr. Dre and Beats Electronics
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Injunction Issued to Protect Panzer Tank Bought by CPM Client Paul Allen
CPM Prosecutes Silicon Valley Trial
The Recorder, 10.17.2014
CPM client's lawsuit alleges rare World War II tank in Portola Valley bought for $2.5 million was never delivered
San Jose Mercury News, 09.12.2014
Unanimous Jury Award for CPM Client
CPM's Litigation For Monster Against Dr. Dre and Beats Electronics Headed to Trial in Los Angeles
Bank settles for millions with plaintiff CPM client in California political fraud case
Washington Post, 07.17.2014
First California Bank of LA Agrees to Multimillion Dollar Settlement for CPM Client U.S. Senator Feinstein & Other CA Federal & State Lawmakers
07.16.2014
CPM Selected to the National Law Journal Litigation Boutique Top 10 Hot List 02.11.2013
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