Representative Client Matters

These are a few of the many types of cases Trombadore Gonden attorneys have handled:

BUSINESS

  • Business Insurance - Representing business owner and insured, successfully settled third-party property damage, liability insurance claim getting the client's claim paid fully within one business day of being hired.



  • Emerging Companies - Online Financial Service Training & Bank Regulatory Certification: Successfully represented emerging Internet company from formation, start-up, acquisition of initial intellectual property, development and licensing and eventual successful sale of the company to a competitor.



  • Emerging Companies - Corporate Media & Leadership Training Company. Represented principal publisher in start-up and joint publishing venture.

  • Securities Class Action & Prof. Liability Litigation - Securities Fraud & Related Class Action Litigation.  Successfully represented California professional firm in defense of professional liability, securities law violations in civil litigation and related class action litigation claims arising in connection with a municipal securities offering.  Defended a series of lawsuits obtaining successful resolution of all claims.  



EMPLOYMENT

  • California Employment - Wage & Hour & Unfair Competition Class Action Litigation -   Successfully represented agricultural cooperative in California wage and hour and unfair competition class action. The initial action was dismissed on the eve of trial.  Months later, the action was refilled and is pending in the U.S. Federal District Court.



  • Wrongful Discharge, Unfair Competition & Wage & Hour Arbitration - Successfully defended a commodities marketer/wholesaler in arbitration against claims by former employees for alleged California wage and hour overtime violations, unfair competition and wrongful discharge claims.



FINANCIAL

  • Federal Corporate Tax & IRS Regulatory & Professional Liability Litigation - Obtained successful dismissals with prejudice of three related federal district court actions commenced against a California professional firm arising in connection with multiple, hundred million corporate tax shelter investigation by the U.S. Justice Department and Internal Revenue Service.



  • Financial Services Litigation - On behalf of a California Bank: Successfully managed and oversaw regulatory and internal audit and prosecuted a related claim for fidelity bond coverage, arising from a former senior manager's misappropriation of substantial bank funds.



INSURANCE

  • Insurance Coverage - Environmental/Real Estate Litigation - Insurance coverage and litigation management of a complex, multi-hundred million dollar professional liability lawsuit against a major California law firm arising from the development and construction of a new public High School complex in a California city. The action resolved favorably during an appeal from a summary judgment ruling in favor of the professional defendants.



  • Insurance Policy-Holder Recovery & Coverage Disputes – Successful representation of insurance policy holders in numerous insurance coverage, insurance bad faith claims and policy holder insurance coverage recovery litigation.

  • Insurance Coverage Counsel – Successful representation of insurance carriers in managing the litigation and disposition of claims as insurance coverage counsel, litigation monitoring counsel and settlement counsel in California, Arizona and Nevada.

REAL PROPERTY AND CONSTRUCTION LITIGATION CASES

  • Multimillion dollar recovery of mortgage loans purchased by institutional trust from mortgage banker - Family borrowed millions against various properties owned by mother who was under conservatorship.  Original lender inadvertently recorded two deeds of trust against one of two adjoining properties, each of which was intended to secure separate loan, leaving one property unsecured.  Borrowers later sold property without repaying loan and used money to purchase investment property in a distant state.  Suit initially filed in probate court, denied by probate court, and probate order appealed.  Investor then filed separate suit for recovery; borrowers counter-sued for conspiracy, mortgage fraud, unfair business practices and elder abuse.  Two month jury trial to verdict for Investor/Lender against Borrowers.

  • Mortgage fraud - Mortgage banker engaged in high-profile ponzi-scheme creating false loans on properties owned by former clients.  Refinanced mortgages were sold to warehouse lenders who collectively loaned $20 Million to broker.  Warehouse lenders sued former mortgage banker, title company, title insurer and escrow officer, for fraud, negligent misrepresentation, breach of fiduciary duty, negligence, and conspiracy.  Summary judgment obtained for escrow officer and title company; dismissed after appeal.

  • Easement Dispute - Developer built property with only one access point from main road, and failed to record easement for access to insured’s property.  Summary judgment for insured granting permanent easement.

  • TILA Violation -  Bankruptcy trustee sued lender for violation of TILA  based on incomplete 3 day right of rescission notices.  Lender moved for summary judgment which was granted day before bench trial.

  • Mortgage Fraud - Homeowners claimed mortgage broker and lender engaged in undue coercion in forcing homeowner to re-finance property; Owner sued for fraud, rescission, and conspiracy.  Lender prevailed on demurrer and motion to dismiss complaint

  • Equitable Subrogation - Lender re-financed existing first mortgage but escrow officer failed to obtain subordination of junior lien.  Lender sued for equitable subrogation.  Case successfully resolved with settlement apportioning property between first and second liens.

  • Cancellation of Deed - Estate executor sued lender for fraud and cancellation of deed; Lender successfully obtained dismissal based on lack of jurisdiction.

  • Escrow Negligence - Escrow officer sued for negligence in handling transaction between divorcing couple.  Summary dismissal obtained based on statute of limitations.

  • Quiet Title (Adverse Possession) - Insured acquired parcel as gift from parent who had obtained from prior owners.  Historically, parcel was inadvertently transferred to prior owners after surveyor had  incorrectly surveyed boundaries after original ranch partitioned in 1865.  Bench trial and judgment based on adverse possession claim for insured.

  • Cancellation of Deed, Insurance Dispute - Executor sued insurer and lender for insurance bad faith and mortgage fraud.  Represented Countrywide in successful motion to dismiss claims based on jurisdiction and statute of limitations.

  • Quiet Title, Cancellation of Deed, Fraud -  Mother forged property sale documents and sold son’s home without permission.  Represented bona fide purchaser and negotiated dismissal of claims.

  • Foreclosure.  Representated lender in foreclosure action -  Court stayed foreclosure to permit sale of property between two competing purchasers, with successful purchaser repaying defauleted loan.

  • Foreclosure claim against trustee -  Represented trustee under deed of trust in action to rescind loan, cancel deed and enjoin foreclosure.

  • Lien Priority Dispute in Bankruptcy -  Development project for major ranch and golf course went bankrupt.  Bondholders sued lender over competing lien claims for priority of mortgage financing for project.  Lender established legal priority in summary proceeding.  Bankruptcy plan was approved and entire project was sold to new developer at bankruptcy auction who satisfied lender’s lien claim.  

  • Quiet Title, Cancellation of Deed, Rescission Claims -  Executor of estate sued bona fide purchasers, lenders and title company.  Successfully defended claims on summary judgment and settled case after appeal by executor.

  • Claims for Violation of TILA, Fraud and Broker Liability - Homeowners sued their realtors, lender and loan officer for alleged fraud in equity sharing arrangement and unapproved loan refinance. 

  • Quiet Title, Failure to Disclose Lien Claim - Adjoining condominium owners sued each other over competing claim to deeded parking space in garage.  Case resolved through agreement to construct additional deeded garage space.  Resolution required creation of new HOA agreement, construction agreement, construction escrow procedures and correctory deeds granting dedicated parking spaces.

  • Lien Priority, Mortgage Fraud, Rescission - Mortgage banker/developer engaged in loan ponzi scheme on seaside property development in Carmel, Monterey County.  Mortgage banker defaulted on loan, then filed for bankruptcy protection.   Bankruptcy trustee sued mortgage banker, lender and title company alleged fraudulent loan, lien priority issue and rescission. Successfully defended escrow officer against claims for conspiracy.

  • Construction Defect Litigation - Prosecuted multi-million dollar construction defect claim for major resort developer involving resort property in South Lake Tahoe. 

  • Construction Contract/Collection Matters - Successfully attached and recovered over $200,000 for general contractor in prejudgment attachment and TRO proceeding.

  • Hotel/Hospitality Development Dispute -  Successful appeal after summary judgment for major hotel developer in multi-million dollar breach of contract and development deal.

  • Lender Liability/Federal Law Claims -  Litigated and resolved claims of fraud, RESPA, Truth in Lending Act and unfair business practices for lenders and title companies.

  • Judicial Foreclosure -  Foreclosure of commercial property to judgment and recovery of deficiency judgment.