Commercial Litigation

CPM has decades of experience and a proven track record of success in commercial litigation.  CPM understands the need to litigate cases in a cost-effective manner.  Years of experience, a well thought out strategy and strong execution of that strategy allows CPM to achieve excellent results for its clients without excessive costs.

RECENT CASES OF NOTE

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’ counter-suit which claimed entitlement to half of the real estate fund’s profits.

Boyd v. Boyd
San Mateo County Superior Court
CPM successfully defended against a claim that CPM’s client owed 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 defendant’s epicurean food business, CPM obtained an immediate dismissal of the case (Boyd v. Epicure).

Exigen v. Genesys Telecommunications
San Mateo County Superior Court
CPM represents several U.S. and foreign-based companies in an action for misappropriation of trade secrets and defamation. 

Backhouse Litigation
Santa Clara County Superior Court
CPM represents over 20 trusts who were the victims of a $17 million misappropriation scheme. 

Phelps v. Van Dyk Mortgage Corporation
Santa Clara County Superior Court
CPM represents two investors who were victims of a $700,000 misappropriation scheme. 

Lorenzo Salhi, et al. v. PNY Technologies, Inc., et al.
San Mateo County Superior Court
CPM represented Lorenzo Salhi and his Bay Area start-up company Silicon Valley Solutions in an action against the multi-national corporation PNY Technologies and certain of its executives.  The complaint alleged that defendants misrepresented critical information during negotiations then breached their agreements with plaintiffs before wrongfully terminating Lorenzo Salhi.  

IN Re: HSBC Bank USA, N.A., Debit Card Overdraft Fee Litigation
USDC, Eastern District of New York
CPM is Co-Lead Counsel in a putative class action against HSBC for breach of contract and deceptive business practices based upon the bank's charging of overdraft fees.

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 tax payers 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 tax payers had to pay back taxes, penalties and interest.  

Olympus v. Taisei Construction
Santa Clara County Superior Court
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.

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