ATTORNEY PATRICK J. D’ARCY’S BUSINESS LITIGATION EXPERIENCE IS AMONG THE FINEST OF ALL ATTORNEYS.

Patrick J. D’Arcy, A Professional Law Corporation, based in Irvine, California, has substantial experience in business litigation matters in state and federal court on behalf of individuals, non-profits, charities and corporations. Our results have been so impressive, that Pat has been ranked in SuperLawyers for four consecutive years (2020-2023) as among the top 5% of all business litigation attorneys in Southern California. Pat obtained the 37th largest jury verdict in downtown Los Angeles in 2019, and among the very highest reversals in Complex Court in 2022 within the entire state of California, worth an estimated $10-14 million. Lenders, including some of the largest in the state, turn to Pat for their defense work. We have defeated numerous lawsuits, including one case where we got all 132 claims dismissed.

The firm has represented all types of clients, from individuals to businesses, including restaurants, contractors, warehouses, paint distributors, Porsche parts distributors, courier companies, real estate investment houses and others.  The firm’s track history is impressive.

Mr. D’Arcy is regularly retained for complex litigation and “bet the company” litigation matters. What follows are just a sampling of the business litigation matters the firm has handled, and either won outright, or obtained a very favorable result for the client.

Matters Handled In Complex Court

On February 23, 2022, in Complex Court, I, along with my co-counsel, obtained an impressive and decisive win that will be among the largest in California in 2022. This lawsuit wrapped up five other lawsuits into one big mess. Given the size of the estate, our client was forced to defend millions in claims. There was a probate action involving feuding siblings, a defamation action (where I defeated the anti-SLAPP and appeal), a quiet title action, and other petitions. The case had over 4,400 exhibits! “Phase 1” – which was handled by prior counsel, resulted in the Court issuing a 23 page statement of decision that made findings against my client of financial elder abuse. The client dismissed his previous attorneys, and hired me and my co-counsel to handle “phase 2.” The phase 2 trial lasted 17 days. The petitioners sought to completely disinherit my client, sought sizable attorney’s fees, double damages, and the rescission of valuable real estate worth millions of dollars. Through an aggressive defense, we brought in hundreds of new exhibits, and argued the matter. I was tasked with the cross-examination of the main witness. When the phase 2 trial concluded, the Judge issued his ruling, and absolved our client of all wrongdoing! A complete reversal! We had to process a massive amount of information, and under intense pressure, delivered justice to our client.

Mr. D’Arcy became lead counsel among the plaintiff law firms in Complex Court in Alameda County, involving 16 parcels of real estate that were not developed, and then lost to foreclosure. Mr. D’Arcy already defeated the defendant’s motion for summary adjudication and demand for the court to order indemnification. The case eventually settled.

Mr. D’Arcy represented a contractor in Complex Court against 19 defendants, defeating the motions for summary judgment, and even getting a public works project at UCI shut down. The case settled after five years of hard-fought litigation after the third day of trial.

Mr. D’Arcy was retained as a real estate expert witness in Complex Court, and was deposed over three days. His testimony was critical in moving the case to a very favorable settlement for the client, and involved more than 20 experts.

Patrick J. D’Arcy Obtained A Top 37 Verdict In California For A Complicated Stock Fraud Case

Before the Honorable Michael Stern, in downtown Los Angeles, Mr. D’Arcy represented 22 plaintiffs in a massive stock fraud case, and prevailed with a $3.7 million jury verdict, and $515K in settlements, including $1.4 million in punitive damages.  Mr. D’Arcy did all the witness examinations for both sides (over 28 witnesses), including the defense’s expert, and got the expert to admit on the stand that Mr. D’Arcy’s clients were defrauded.  More than 20 depositions were taken, and the jury deliberated three days before reaching a verdict. Mr. D’Arcy prevailed on fraud, aiding and abetting fraud and negligent supervision.

Mr. D’Arcy Obtains One Of The Largest Defense Victories In California In Complex Court

On February 23, 2022, Mr. D’Arcy and his co-counsel represented a client in Complex Court in Orange County and had to defend millions in potential claims. The client dismissed his attorney after a phase 1 trial found that he had committed elder abuse involving a large estate. During the phase 2 trial, Mr. D’Arcy and his co-counsel put forth overwhelming evidence that the client was not engaging in such conduct. The trial court then completely reversed its phase 1 findings! This trial involved 4,400 exhibits, and lasted 17 days. Mr. D’Arcy cross-examined the main witness.

Lender Claims And Defense – The Firm Of Choice For Some Of The Largest Lenders.

The firm defended a lender and real estate investors against a $1 million damage claim. 132 claims were brought against our clients, and the firm defeated every single one of them, including 84 claims by way of dispositive motion, and the remaining claims through a nine day evidentiary hearing that included 450 trial exhibits.

The firm defended against a lender seeking to enforce a monetary claim against a home featured in the Real Housewives of Orange County. The lender forced nearly $177K in seller proceeds belonging to my client to be held in escrow. The matter went to trial before Judge Gooding, and the firm defeated all five claims and successfully obtained all of the held seller proceeds with the lender getting nothing.

The firm has successfully defended various lenders and brought lawsuits as well. Mr. D’Arcy defended a mortgage company against “wrongful foreclosure” and other bogus claims.  Mr. D’Arcy defeated the preliminary injunction, obtained a sanctions order against the foreclosed owner and forced the lawyer bringing the case to abandon it.  Mr. D’Arcy then moved to evict the plaintiff and had the judge dismiss the entire lawsuit after dismissing all of the claims with no payments made.

Mr. D’Arcy defended a lawsuit from a former borrower, and defeated both TRO requests and obtained a full dismissal of the lawsuit shortly thereafter.

Mr. D’Arcy represented 30 defendants falsely accused of mortgage fraud at Mosk Courthouse by a guarantor and borrower in a failed construction project.  The prior firm was let go.  Mr. D’Arcy refused to settle the case and refused any payments. Mr. D’Arcy got the lis pendens removed and allowed the sale to go through, got $7,455 in sanctions against the guarantor (which was enforced and paid through a refinance of the guarantor’s home), and then sued the guarantor in a separate action.  Mr. D’Arcy then brought a motion to have all matters in the case deemed admitted against the guarantor, which the Court granted, which essentially gave Mr. D’Arcy’s clients a win in that case before trial even started.  Mr. D’Arcy got six defendants dismissed without any payment being made.   On the eve of trial, the plaintiffs then paid Mr. D’Arcy’s clients to avoid going to trial on their bogus claims!

The firm defended a lender against deadbeats living at the property, filing multiple bad-faith bankruptcies and skimming all of the rents.  In short fashion, the firm obtained a court order denying their request for a preliminary injunction against foreclosure, an order allowing the lender to block all further bankruptcy filings, and a full dismissal of the case after the Los Angeles Superior Court agreed that all of the claims were frivolous.  The firm also had a federal bankruptcy judge put a stop to the rent skimming and fraudulent bankruptcy filings, and immediately returned the property to the owner.

In Published Opinion, Patrick J. D’Arcy Obtained Stunning Victory In Real Estate Dispute In Federal Court Representing Burger King Franchisees

Patrick J. D’Arcy represented Burger King franchisees being sued in federal court over a $450K breach of lease claim. Before Judge Marilyn Huff, and in a published opinion, Mr. D’Arcy not only got the CEO of Burger King franchises dismissed from the case, but a previous officer too.  Through punishing Rule 12b(6) challenges, both individuals were out of the case, and four of the six claims dismissed against the corporation. The plaintiff then brought a motion for summary judgment, thinking they would “win” the case on the remaining two claims.  Instead, Mr. D’Arcy defeated the motion and then had Judge Huff dismiss the case against the plaintiffs.  Net result: all claims dismissed and no payments made to settle a $450,000 damage claim. The case is now binding authority in the Ninth Circuit.

Patrick J. D’Arcy And Lead Counsel Paul Rafferty Of Jones Day Get Courier Company Class Action Certification Denied, Defeated The Appeal, And Then Refused Settling For $100, And Took The Matter To Trial.

Mr. D’Arcy, and lead counsel, Mr. Paul Rafferty of Jones Day, defended a courier company against a fake “class action” brought by a former client who was sued for not paying its bills.  Mr. D’Arcy and Mr. Rafferty successfully disqualified the putative class counsel, defeated the motion to certify the class, defeated a RICO claim, successfully defeated the appeal of Judge Perk’s ruling in denying class certification, and refused all efforts to settle.  The plaintiffs abandoned the case just as Mr. D’Arcy and Mr. Rafferty showed up to start the jury trial.  Not only did Mr. D’Arcy and Mr. Rafferty refused to offer any settlement payment (including a token settlement amount of $100), but got most of the defense costs reimbursed through the company’s insurance carrier. The case was profiled in Law360.

In Federal Court, Patrick J. D’Arcy Defeats Large Firm And Has Injunction Issued For Children’s Charity Regarding Trade Dress Infringement

In federal court, Mr. D’Arcy obtained an immediate injunction on behalf of a children’s charity for a competing company making infringing uniforms, and then obtained full rights to all of the copyrights and patents in just 40 days. Mr. D’Arcy drafted the TRO, and argued the matter in court. Mr. D’Arcy negotiated the surrender of all infringing merchandise and exclusive ownership of all trademarks.

Patrick J. D’Arcy Obtains $1.3 Million Settlement For Contractor

Mr. D’Arcy represented a CEO of a large painting contractor, who was owed a large sum of money.  The defendant took the money, stopped making payments, and then vanished. Mr. D’Arcy tracked him down to a new address out of state and sued him. Mr. D’Arcy refused their settlement offers, and took the case to trial before Judge Sheila Fell.  Forced to go to trial, the settlement offer more than doubled, which with the exclusion from taxation, nearly doubled the amount again.

Patrick J. D’Arcy Represents Franchisee Against South African Painting Manufacturer And Obtains Large Six Figure Settlement

Mr. D’Arcy represented a paint distribution company and its CEO who had immediate disputes with the franchising company in South Africa.  Mr. D’Arcy then filed suit, and through negotiations, got all of the client’s money back, the full value of its inventory, and all payments made to the franchisor, including attorney’s fees, representing hundreds of thousands in recovery.

Patrick J. D’Arcy Defeats $3 Million Claim With A 12-0 Defense Verdict

Mr. D’Arcy represented two defendants. One defendant prevailed on all claims, 12-0. The other defendant prevailed on six of the nine claims. Of the three claims, the total amount awarded was approximately what was offered to settle. Mr. D’Arcy then had those claims dismissed in bankruptcy court through a motion to dismiss in the Bankruptcy Court, where the Bankruptcy Court not only granted Mr. D’Arcy’s motion, but awarded him $6,000 in sanctions.

Patrick J. D’Arcy Gets Multi-Million Federal Lawsuit Dismissed Against Korean Recycling Company

In federal court, Mr.  D’Arcy represented an international metal recycling company against a multi-million fraud claim.  Mr. D’Arcy moved the case to federal court, and then had the judge dismiss the case when the plaintiff failed to move the case forward.

Patrick J. D’Arcy Defends Ford Executive Against Bogus Lawsuit And Gets Entire Case Settled With No Payment Made

Mr. D’Arcy defended a Ford executive against a shakedown lawsuit. After defeating nine of the eleven claims through pleading challenges, Mr. D’Arcy settled the remaining two claims without the client having to pay one dime.

Mr. D’Arcy Gets Mortgage Fraud Lawsuit Against Broker And Its Agency Dismissed

Mr. D’Arcy represented a real estate broker and its agency against a nearly $1 million fraud claim. The client fired the previous law firm.  In 19 days, Mr. D’Arcy got the entire case dismissed at Stanley Mosk Courthouse.

Patrick J. D’Arcy Successfully Negotiates Settlement With The Business Software Alliance

Mr. D’Arcy’s clients were sued by the BSA, which sought hundreds of thousands in licensing fees. Mr. D’Arcy quickly settled the matter on very favorable terms.

Patrick J. D’Arcy Defends Company Against Trade Secret Misappropriation

The plaintiff sought millions, claiming its former employees formed a competing company and stole trade secrets. Mr. D’Arcy successfully defended the case, and after three years of litigation, negotiated a settlement largely paid for by the insurance carrier, with the client keeping the employees and business it formed.

The firm “scared off” an attorney threatening to shut down a home for disabled persons.

The firm represented a top executive of Ford Motor company against an extortionate law suit, and even obtained the full recovery of all defense costs paid and a dismissal against him.

The firm successfully prevented pre-attachment orders from being applied against a national company.  The firm obtained a court order forcing a company to transfer over all of its receivables and cash to satisfy an outstanding judgment.