Notable Engagements

Ralph and Eric have achieved numerous successes in the trial and appellate courts over their many years of practice, among them:

 

Won summary judgment for an air ambulance company in actions following crash of a helicopter during patient transport, involving four fatalities including flight nurse and paramedic.  Both trial and appellate courts agreed that worker’s compensation was the heirs’ exclusive remedy.  (Juarez v. Rogers Helicopters, Inc., 2019 WL 2240694 (Cal. Ct. App. 2019).)

 

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Convinced a unanimous California Supreme Court to overturn its own 78-year-old precedent and recognize a fraud exception to the rule that an integrated contract cannot be challenged by extrinsic evidence:  “ ‘ [I]t was never intended that the parol evidence rule should be used as a shield to prevent the proof of fraud.’ ”  (Riverisland Cold Storage v. Fresno-Madera Production Credit Ass’n, 55 Cal.4th 1169 (2013).)

 

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Won summary judgment for an aviation insurer in a breach of contract and bad faith action, where the insured had misrepresented its business jet’s base of operations and breached the policy’s “Your Aircraft” warranty and “Purpose of Flight” clause:  “California law imposes ‘heavy burdens of disclosure’ ” upon an insured, “[a]n insurer has the right to rely on the insured’s answers to questions ‘without verifying their accuracy,’ ” and a “material misrepresentation or concealment” not only entitles the insurer to rescind, it is also “ ‘a complete defense in an action on the policy.’ ”  (R Consulting & Sales, Inc. v. Old Republic Insurance Co., 342 F. Supp. 3d 1019 (S.D. Cal. 2018).)

 

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Attained favorable resolution for a billion-dollar entertainment company in litigation over a $330-million freeway extension in Atlantic City, in a dispute with another major corporation over the development cost.  (See https://www.nytimes.com/1998/01/21/nyregion/mirage-resorts-accused-breaking-joint-agreement-build-project-atlantic-city.html.)

 

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Won summary judgment and appeal for an aviation insurer in an action arising out of the corrosion of a business jet aircraft:   Corrosion constituted tangible damage, but there was no “property damage,” “occurrence” or triggering event “during the policy period.”  (757BD, LLC V. National Union Fire Ins. Co. of Pittsburgh, Pa., 804 F. App’x 592 (9th Cir. 2020).)