Outcomes
Real Estate
Multiple favorable settlements obtained at mediation and through judicial settlement conferences and direct negotiations for commercial landlords on breach of lease against commercial tenants and actions on guaranty against guarantors in Oregon and Washington state court (e.g., unpaid rent, damage to premises following surrender, disputes as to lease termination rights or rent commencement date because of delays in delivery of premises); in each instance, recovery of money damages, attorney fees and costs, and contractual or statutory interest through voluntary lump-sum or installment payments.
Induced settlement for 20 times the amount of initial offer in condemnation proceedings by government authority in Oregon state court against residential real estate owner; obtained judgment for full amount of attorney fees and costs and successfully defended attorney fee judgment before both the Oregon Court of Appeals and the Oregon Supreme Court (TriMet v. Aizawa & Noble-Irons, 362 Or. 1 (2017)); recovered amount of trial court judgment inclusive of statutory interest and attorney fees and costs incurred on appeal.
Negotiated security interest from real estate developer in consideration of amounts owed to general contractor on two multi-family developments; negotiated priority subordinations and forbearances with other secured creditors in foreclosure proceedings; obtained judgments of foreclosure as to each property and money awards for full amount of money damages, attorney fees, costs, and interest; secured relief from stay to proceed to foreclosure in each of two parallel bankruptcy cases; prevailed as winning bidder through credit bids at successive sheriff’s sales for each property; following expiration of redemption rights, facilitated refinance to pay off remaining creditors and allow client to take clear title as to both properties.
Judgments and awards of money damages, attorney fees and costs, and contractual interest obtained in favor of landlord for breach of lease against commercial tenant and action on guaranty against guarantor in Oregon state court; executed on judgment by domesticating Oregon judgment in New Jersey and seizing funds held in guarantor’s New Jersey bank account.
Successfully defended group of 27 tenants-in-common (TIC) owners of portfolio of commercial real property valued in excess of $20M in multi-state litigation brought by developer for specific performance and breach of contract after aborted closing (developer failed to tender purchase price); directly negotiated dismissal with prejudice of lawsuits and release of notices of lis pendens and favorable terms as to waterfall for sharing of sale proceeds after marketing and sale of portfolio to new buyer.
Business & Commercial
Favorable result obtained at judicial settlement conference in Oregon state court for contractor in claim against materials supplier for delivery of defective and non-conforming materials; recovered portion of money damages and attorney fees and costs.
Successful defended metal fabricator in Oregon state court against claims for account, account stated, and breach of contract on purported promissory note and judicial foreclosure on purported security agreement; obtained general judgment of dismissal with prejudice; client avoided payment of any funds to plaintiff.
Recovered business debt owed and attorney fees, costs, and statutory or contractual interest on multiple occasions for concrete business and packaging company in directly negotiated settlements with commercial customers.
Motion to dismiss granted and general judgment of dismissal obtained for vehicle assembly company against complaint for unlawful trade practices and fraud in Oregon state court; client avoided payment of any funds to plaintiff.
Obtained dismissal for retailer of racial profiling claims in Oregon state court at mediation and in direct negotiation; client voluntarily paid fraction of prayer in each instance.
Corporate
Successfully prosecuted 21-claim complaint in Oregon state court by two shareholders against another shareholder and a number of entities that shareholder controlled in closely held professional corporation dispute involving misappropriation and commingling of assets, self-dealing, unlawful distribution, fraud, conversion, and breaches of director, officer, loyalty, and good faith duties; negotiated agreement at mediation for wind up of corporation on terms favorable to clients and partial payment of money damages and attorney fees and costs, and contractual interest.
Obtained favorable result at mediation for medical practice sued in Oregon state court by former partner arising out of his expulsion from partnership; client voluntarily paid fraction of prayer with advantageous terms.
Successfully defended closely held trucking company in Oregon state court in shareholder dispute; negotiated client’s payment of fraction of prayer with favorable terms at judicial settlement conference.
Prosecuted to judgment securities fraud and other related claims arising out of business owner absconding with investor funds; after obtaining judgment for money damages and statutory interest and multiple judgments for attorney fees and costs, executed by domesticating Oregon judgments in Arizona and seizing funds held in business owner’s bank account and obtaining orders of continuing liens against business owner’s income streams.
Employment
Successfully prosecuted employment discrimination and wrongful termination claims for four Spanish-speaking kitchen workers against former employer (a Portland restaurant/bar); negotiated recovery of lost wages and other money damages at mediation.
Achieved favorable result at mediation defending nutrition supplement manufacturer against age discrimination claim; client voluntarily paid fraction of money damages sought by former management-level employee.
Participated in successful prosecution of religious discrimination, wrongful termination, and breach of contract claims by group of six former management-level employees in Oregon state court; clients obtained multi-million dollar recovery at mediation.
Successfully prosecuted breach of contract and statutory unpaid wage claims by two former management-level employees in Oregon state court; negotiated recovery of significant portion of clients’ money damages, attorney fees and costs, and statutory interest at mediation
Insurance Coverage
Obtained summary judgment on multiple occasions on declaratory judgment and equitable contribution claims in inter-carrier litigation in Oregon state lawsuit; recovered excess shares of defense costs paid by client because of failure by other carriers to participate in common insured’s defense (arose out of commercial general liability (CGL) policies issued to common insureds and construction defect litigation against those insureds).
Prevailed at summary judgment in defense of surviving spouse against lawsuit brought in Oregon state court by deceased husband’s children from prior marriage for share of life insurance proceeds based on select language from divorce decree; court ruled that client did not have to surrender any share of the proceeds.
Advised multiple defendants in personal injury lawsuits on potential exposure to judgment in excess of their coverage limits; advocated for clients with their insurance carriers; interfaced with plaintiff’s counsel; in each instance, cases resolved within client’s policy limits.
Review numerous claim files and authored numerous insurance coverage opinions for carriers on third-party claims; attended mediations and participated in multiple direct settlement negotiations in conjunction with those efforts (as coverage counsel for carriers).
Successfully prosecuted numerous inter-carrier claims for recovery of excess defense costs or indemnity paid by client because of failure by other carriers to participate in common insured’s defense in Oregon state court; directly negotiated favorable settlements for recovery of majority of amounts sought by client (arose out of commercial general liability (CGL) policies issued to common insureds and construction defect litigation against those insureds).
Trust & Estate
Obtained removal from inventory of estate’s claim against beneficiary arising out of disputed loan by decedent and surcharge of personal representative for attorney fees and costs based on breach of fiduciary duties in Oregon state court.
Successfully objected to final accounting and petition for distribution on behalf of estate beneficiary because of self-dealing, misappropriation and waste of estate assets, and other improprieties by personal representative in Oregon state court; directly negotiated payment to client of majority of estate’s residue as compensation through entry of stipulated order.
Participated in negotiating favorable settlement at mediation for surety and former personal representative of estate in surcharge action for breach of fiduciary duties in Oregon state court; client surcharged fraction of prayer in stipulated order.
Successfully defended sister from her sister’s claims to nullify gift of real property (multiple rental units) for estate planning purposes in Oregon state court; negotiated partial preservation of gift (retention of several rental units) and payment of portion of money damages and attorney fees and costs to offset client voluntarily returning several rental units.
Published Work
Oregon State Bar, BarBooks, Oregon Civil Pleading and Litigation, Chapter 34: “Trial Motions”, with Brian R. Talcott.
Oregon State Bar, BarBooks, Damages, Chapter 7: “Medical Expenses” (2016 Revision), with Samuel T. Smith
Hastings Law Journal, Vol. 61, No. 6 (July 2010): Ortiz Got It Wrong: Why the Seventh Amendment Does Not Protect the Right to Jury Trial in Class Action Suits Under FRCP 23
Presentations
Lease Enforcements: Rights and Remedies in the New Economy, Co-Presenter, The Seminar Group, Commercial Leases in the 21st Century, May 11, 2018
Working for the Public Interest While Practicing in the Private Sector, Panelist, Lewis & Clark Law School, Public Interest Law Project Speaker Series, Spring 2016, April 6, 2016
Pro Bono for New Lawyers: Getting Your Feet Wet Without Drowning, Panelist, MBA YLS/OSB Pro Bono Fair & Celebration, October 29, 2015
