About Newport Beach Attorneys

REPRESENTATIVE CASES:

1. Trevino v. Estate of Labbe, Orange County Case No. 30-2014- 00733640, Hon. Geoffrey T. Glass, presiding. Case Tried: 2016. Jury Verdict: Complete Defense Verdict for Estate of Labbe, and $2.25 million plus all Intellectual Property of claimed partnership business. In this three week jury trial, Isaac R. Zfaty and Garrett M. Prybylo successfully defended all claims made by Plaintiff against the Estate of Labbe. In addition, Messrs. Zfaty and Prybylo procured a $2.25 million judgment against the plaintiff/cross-defendant for conversion, including $1 million in punitive damages.

2. Vasquez v. Spencer, Alameda County Case No. RG15794936, Hon Dennis Hayashi, presiding. Case Tried: 2017. In this pro bono domestic violence matter, Mr. Zfaty and Mr. Prybylo represented Plaintiff, and tried the case to jury. After six days of trial, the jury returned a verdict in favor of Plaintiff, including an award for past economic and non-economic damages.

3. Parallax Medical Systems v. STAAR Surgical Company, Orange County Case No. 07CC10132, Hon. Glenda Sanders, presiding. Cases tried: 2009-2010. Jury verdict: $4.9 million. SCMI v. STAAR Surgical Company, Orange County Case No. 07CC10136, Hon. Andrew P. Banks, presiding. Jury verdict: $6.5 million.

In these companion business tort cases, Isaac R. Zfaty successfully represented two regional manufacturing representative companies in separate trials for interference with prospective economic advantage against STAAR Surgical Company (Nasdaq: STAA). In the two jury trials, Mr. Zfaty was able to procure multi-million dollar verdicts, including punitive damages against STAAR after the juries found that STAAR intentionally interfered with contractual arrangements that had been procured by SCMI and Parallax to sell intraocular lenses produced by Bausch and Lomb. After the conclusion of each of these jury trials, each of which lasted two months, the juries found that the plaintiffs had economic relationships, and that STAAR had intentionally interfered with them.

4. Bane v. Martynec et al., Orange County Case No. 30-2008-00109915, Hon. Judge Gail A. Andler, presiding. Case tried: 2012. This partnership embezzlement matter involved five different defendants conspiring to defraud over the course of 6 years. Defendants' embezzlement scheme included falsification of critical corporate documents, and identity theft. After four years of litigation, Isaac was able to
obtain judgments for Plaintiff against the five defendants totaling in excess of
$12 million.

5. Cutting Edge Sports Training, Inc. v. East Bay Velocity, LLC et al., Orange County Case No. 30-2013-00672436, Hon. Judge Craig Griffin, presiding. Case tried: 2016. Verdict: $325,000 in favor of plaintiff after 3 weeks of trial. In the matter tried by Isaac R. Zfaty and Ryan N. Burns, plaintiff was pursuing damages incurred in connection with a partnership dispute. After two days of deliberation, the jury returned a verdict in favor of plaintiff, finding that the defendants had breached the contract between them and had negligently misrepresented material facts.

6. Shoreline Properties, LLC v. Union Bank, N.A., Orange County Case No. 30-2010-00377146, Hon. David T. McEachen, presiding. Case Tried: 2012.  Jury Verdict: Judgment for Plaintiff in the total amount of $377,422.34.

In this Commercial Code Section 3405 case against Union Bank, Plaintiff, Shoreline Properties, LLC, was represented by Isaac R. Zfaty and Ryan N. Burns. After a three week jury trial, the jury found unanimously that Union Bank improperly accepted for deposit 15 different third party checks. Messrs. Zfaty and Burns were able to procure for their client 100% of its damages incurred, including interest and costs.

7. City of W. Hollywood v. Kihagi, Orange County Case No. B244072 (2014 WL 47072), Case Appealed: 2014. In an unpublished opinion involving the California Ellis Act (California Government Code section 7060 et seq.), the appellate panel found unanimously that Defendant Kihagi had not violated the Ellis Act and had complied with all terms of the property agreement between the parties, reversing the lower court and awarding Kihagi all costs and attorneys' fees incurred on appeal.

8. Shoreline Properties, LLC v. Chicago Title (real party in interest), Orange County Case No. 30-2008-00115897, Hon. Judge Sheila Fell, presiding. Case Tried: 2013. Verdict: $400,000 settlement in favor of plaintiff after 1 week of trial. In this matter tried by Isaac Zfaty and Kaeleen Ng, plaintiff was pursuing real properties that had been misappropriated from him by a real estate agent, and then subsequently fraudulent transferred. After one week of trial, the parties settled the matter just prior to closing argument.

9. DiStefano v. Sage Equity, Inc., Orange County Case No. 30-2011 00451386, Hon. Francisco F. Firmat, presiding. Case tried: 2012.  Verdict: complete defense verdict. In this case, plaintiff sued his lenders for wrongful foreclosure. He also sued each of the trustees/foreclosing parties, and the party who purchased at trustee's sale. After a six week jury trial, the jury returned a complete defense verdict (unanimous).

10. SL Beach v. E&J Enterprises, Inc., arbitration, JAMS Case No. 1200042794, Hon. Robert Thomas (Ret.), Presiding. Verdict: Complete defense.

In this arbitration, Plaintiff SL Beach, owner of a commercial center in Orange, sought to implement a rental increase through a formula set forth in the lease agreement between the parties. If implemented, this rental increase would have had an exponential effect upon the tenant (including annual CPI increases) that would have cost the tenant upwards of $500,000 in increased rent over the term of the lease. Upon completion of private arbitration, Mr. Zfaty successfully obtained a complete defense award, including costs incurred.

11. Velasco v. Canlas, Orange County Case No. 30-2009-00121371, and Los Angeles County Case No. YC059662 pertaining to possession of multiple
real estate parcels and damages in partnership dispute. Verdict: Judgment
for possession and damages awarded
to the Plaintiff.

In this series of real estate partnership disputes, Plaintiff Velasco sought dissolution of partnership and an award of damages against her partner. After two separate bench trials, Mr. Zfaty was able to obtain two separate verdicts in favor of Plaintiff, including dissolution, an award of all related real property, and additional damages in the sum of $150,000.

12. Cortez v. Fainbarg, Orange County Case No. 30-2009-00315659, Hon. Luis A. Rodriguez, presiding. Verdict: complete dismissal for all defendants in real estate fraud case.

In this case, Plaintiff alleged fraud against defendants. Mr. Zfaty was able to procure complete dismissals for all defendants.

13. E&J Enterprises, Inc. v. SL Beach, Orange County Case No., Hon. Jane D. Myers, presiding. Verdict: Judgment for Plaintiff enjoining rental increases and ordering remission of all rents paid under protest.

14. Olen Commercial Realty v. American Medical Technology, Orange County Case No. 04CC02323, Hon. Jamoa A Moberly, presiding. Verdict: Complete defense verdict, including award of all attorneys' fees incurred.

15. Alan v. Ahmanson Development Co., Inc., Orange County Case No. 787245, Hon. Steven Sundvold, Presiding. Verdict: Complete summary judgment in favor of Defendant Hunsaker and Associates.

 

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