Category: Business Law

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Federal Court – In Published Opinion – Dismissed Entire Case Against Burger King Franchisee

Patrick J. D’Arcy, an Irvine, CA attorney, and his firm, Patrick J. D’Arcy, a Professional Law Corporation, obtained yet another impressive victory in a real estate lawsuit, where Mr. D’Arcy defended against a $450,000 damage claim.  The clients were by two former officers, including its past CEO, and their corporation – various Burger King franchises (REX Investment Company v. SME et al.), Case No. 15-cv-02607-H-JMA.  The plaintiff sued for breach of contract over the lease (and other claims).  The case is now a published federal opinion, making it binding authority in the Ninth Circuit.  Mr. D’Arcy not only got full dismissals of the individuals at the pleading stage, but did the same for the corporation on all but two claims against it.  Then, when the plaintiffs moved for summary judgment, Mr. D’Arcy used a rare procedure – a Rule 56 opposition that seeks to defeat the MSJ, as well as to dismiss the case.  Judge Marilyn Huff agreed with Mr. D’Arcy’s arguments and case law, and threw the case out.  No trial, no damages paid.

https://www.leagle.com/decision/infdco20160830966

Mr. D’Arcy refused all settlement offers, and filed a Rule 12(b)(6) challenge to dismiss the case.  Judge Marilyn Huff, in a 20 page opinion, agreed with Mr. D’Arcy’s arguments, and dismissed both former officers from the case, and eliminated four of the six claims against the lone corporate defendant claimed to be the lessee.

As for the two remaining claims, one is the alternate of the other, meaning only one claim remained after Mr. D’Arcy’s pleading challenges.

Mr. D’Arcy then opposed the landlord’s motion for summary judgment and not only defeated a motion with over 500 pages worth of exhibits, but had the Court dismiss the case against the plaintiff through an expertly written opposition!

The Court’s ruling was published and is now binding authority in the Ninth Circuit, and concerns California law dealing with tenant assignments of commercial leases.  The filings by the firm meticulously researched California law dating back to 1889, and stopped a damage claim for $450,000 in its tracks.  Had the Court not ruled as it did, the client would have been liable for the other side’s attorney’s fees too, making the total damage claim worth about $1 million.

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Firm Defeats Class Action Against Courier Company and Prevails on Appeal

As profiled in the Los Angeles Journal and Law 360, the firm successfully defeated a class action by Chavos & Rau, PC. Judge Perk of the Complex Division ruled that no grounds existed to certify a class action. The plaintiff appealed the decision, and lost.  To show the frivolous nature of the “class action,” the plaintiff dismissed its case the day before a jury was to be selected and did not get anyone to join the class.

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Firm Successfully Defends CEO Against Fraud Claim

Mr. D’Arcy defended a CEO against false claims in excess of $200,000 against him and his luxury vacation home.  Mr. D’Arcy refused all settlement offers over the span of 2 1/2 years, and took the matter to trial.  After taking the deposition of the lead plaintiff (and main liar), the judge mediating the case agreed with Mr. D’Arcy that the plaintiff wasn’t entitled to anything.  Plaintiff dropped their demands down to a token payment immediately before trial.

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Firm Defeats BASTA at Trial With No Payments Made

 

 

REAL CLIENTS, REAL VICTORIES. The firm represented this landlord in a nasty eviction where the tenant hadn’t paid rent for nine months and was evicted  at trial.

Mr. D’Arcy took BASTA to trial against deadbeat tenants that had not paid rent in nine months.  Mr. D’Arcy defeated BASTA’s ridiculous motions for summary judgment, motion for judgment, and then, after a three day trial, evicted them.   The tenants weren’t facing financial hardship as a reason to pay: they were gainfully employed, but enjoyed living for free, even though it put the property at risk of foreclosure. Mr. D’Arcy still evicted the tenants even though the rental unit lacked a certificate of occupancy.  The loser tenants went from smirking and smiling to walking out evicted.  It’s clear that BASTA’s promise of a victory went terribly wrong.