Our Firm’s Legal Successes are attributable to our policy of preparing each case as if it were going to trial.
Defense Verdict for Homeowners from Claims of Personal Injuries Arising from Alleged Exposure to Toxic Mold by Renters of a Single Family Residence.
Katz & Associates successfully defended the owners of a single family residence against claims of serious personal injuries and property damage for exposure to toxic mold brought by the family renting the property. The suit alleged that the owners negligently maintained the residence and HVAC system, which led to significant water intrusion, toxic mold and significant personal injuries. At mediation, plaintiffs made a collective settlement demand of $500,000. At trial, after presentation of Plaintiffs case-in-chief, the Court granted our motion for directed verdict and entered judgment in favor of the homeowners, and against all plaintiffs.
Complete Dismissal of Toxic Tort Action Brought by over 200 Plaintiffs.
Plaintiffs, a group of former employees of a manufacturing plant located in Pacoima, California, filed suit for various personal injuries allegedly due to exposure to toxic substances while they were working at the facility. The defendants comprised of more than 70 manufacturers, suppliers and distributors of products used at the facility, all of which allegedly caused and/or contributed to the alleged injuries. Representing two product manufacturers, Mr. Katz also served as co-lead defense counsel for the group.
On behalf of his clients and the defense group, Mr. Katz brought successive and successful challenges to Plaintiffs’ complaint. The trial court granted the firm’s challenge to Plaintiffs’ Fourth Amended Complaint, without leave to amend, determining that the claims were not pled with sufficient specificity to permit the defendants to determine which of the plaintiffs’ alleged illnesses were attributable to which defendants’ products.
Plaintiffs appealed the trial court’s ruling to the California Second Judicial District Court of Appeals. Mr. Katz, again serving and co-lead defense counsel, prepared one of the respondent’s briefs and also argued the issue before the appellate court. The Court of Appeals upheld the trial court’s decision, and dismissed Plaintiffs’ entire action.
Successfully Representing a Non-profit Organization for Breach of Oral Contract.
Mr. Katz was able to successfully represent a non-profit organization in an action against a donor for breach of oral contract. The organization solicited donations from various supporters in an effort to retain the original Seal of the State of California. One supporter, the owner of a large automobile retailer, made a significant oral pledge on behalf of his company, in exchange for recognition on the organization’s advertising literature. However, when asked to make good on the pledge, the supporter denied the obligation.
Despite any evidence of a written agreement, the trial court ruled in favor of the non-profit. After reviewing all of the evidence, including the mailer with the company’s logo and acknowledgment, the court determined that any organization would not include such recognition of a private company, without any expectation of payment from that company for the publicity provided.
Full Dismissal of Claims for Construction Defects in Arizona
In an action for construction related defects brought by a Homeowner’s Association against the general contractor and sub-contractors, Robert Katz represented the installer of bathroom fixtures in certain areas of the complex. During discovery, Mr. Katz was able to show that the alleged damages resulted from work performed by other contractors and/or trades and were not the result of any work performed by the client. As such, Mr. Katz was able to obtain a complete dismissal of all claims against the client.
Successful Resolution of Claims Resulting from Carbon Monoxide Exposure
Plaintiffs were the employees and owner of a business located directly above a dry cleaning establishment. Plaintiffs claimed they were injured when carbon monoxide exhaust from the boiler located in the dry cleaners escaped and entered their workplace. Plaintiffs alleged damages included business interruption and personal injuries. One of the Plaintiffs was pregnant at the time and claimed that she had to terminate the pregnancy as a result of the exposure.
With such serious and significant alleged injuries, the initial settlement demands were well into the seven figures, potentially exposing the client, the owner of the dry cleaning company, to personal liability. During the discovery phase of the action, Mr. Katz was able to identify and expose several inconsistencies with the plaintiffs’ explanations and injuries, as well as show that the exposure resulted, in part, from the landlord’s failure to properly maintain the building.
Mr. Katz was able to settle the entire action and all claims, for an amount which avoided any possibility of personal liability on the part of the client.