Examples of Matters Mr. Freedman has been Responsible For
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Prevailed in Class Action Law Suit Over Secturity Deposits Against Defendant Property Management Company
Defended property manager in class-action lawsuit against claims for nine seperate classes and thousands of class members arising out the tenancy, lease, security deposit, and termination provisions. At class certificaiton hearing, the Court found Plaintiff was not entitled to damages for any of the classes. Plaintiff stonewalled efforts to settle and discovery resulting in court ordering Plaintiff to pay attorney fees and sanctions.
Prevailed in Class Action Law Suit Over Breach of Habitability Aainst Defendant Property Management Company
Prevailed in Class Action lawsuit alleging that parts of property were converted into living spaces without obtaining building permits or other approvals. Plaintiff acknowledged the express disclaimer in the lease but argued it was not enfoceable. After three Demurrers, the court dismisssed the 4th amended complaint without leave to amend and entered judgement in favor of clients as well as awarding attorney fees.
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Trademark Cases with Famous International Luxury Brand
Represented manufacturer of consumer products in matters involving claims of Trademark and Lanham Act violations by one of the most famous brands in the world. Plaintiff alleged client's products, which incorporated Plaintiff's proprietary products, infrinted. Achieved favorable confidential settlement.
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Celeberty Endorsement and License Agreement
Represented manufacturer of beauty products in development of new line of beauty products that feature endorsement and branding by well-known television celeberty. Drafted contracts included licensing fees and partial ownership of manufacturer.
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Favorable Settlements in Halloween Party Mass Shooting in Oakland
Lead Counsel in case where multiple victims of random shooting sued owners and operators of Historic Sweets, an art-deco big-band event venue in Oakland, for injuries received during Halloween event attended by 700 college students. Allegations of negligent security, strict liability, failure to obtain event permits and provide appropriate security. Created innovative predictive damage modeling analysis for allocation of limited settlement funds among multiple plaintiffs.
Prevailed on Summary Judgment in Defending Bank on Product Liability Claim in Los Angeles
Represented Washington State bank in lawsuit by Plaintiff Insurance Company seeking subrogation of multi-million-dollar payment for wrongful death arising out of defective trailer hitch. Truck overturned while towing car and killed driver of truck, forcing rental yard's insurer to pay over $3 Million in damages. Insurer sued bank claiming it was liable for acting as an agent of company that rented the trailer hitch based on the financing arrangement and business dealings with bankrupt estate. We established that as a matter of statutory law bank was protected from liability as a lender and that bank had no operational control over the bankrupt company. Obtained reimbursement for attorney’s fees from plaintiff.
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Represented Technology Company for Contract to Wire Pac Bell Park for Plug-and-Play Broadcasting
As counsel for an over-the-air broadcasting company, we were involved in the bidding and negotiations for the design and construction of a wired system for the new Pac Bell baseball park in San Francisco. This included handling studo agreements, broadcasting agreements, corporate matters for wired, satellite, and internet communications.
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Prevailed in Lawsuit Over 13 Carat Yellow Diamond Ring in Nevada
Represented consumer that purchased a $1 Million 13 Carat diamond ring from world renowned international jewelry retailer. The retailer did not provide GIA certificate until weeks after purchase. Upon receipt of GIA certificate, independent jewelers identified blue-light flaws thus reducing appraised value by two-thirds. The retailer refused to refund the purchase price leading to lawsuit in California and Nevada Courts. Discovery revealed source and distribution of diamond, and dealer's misrepresentation of diamonds and values. Settled at trial with full recovery of money spent on ring and recovery of attorney's fees incurred in litigation.
Prevailed in Lawsuit Against Paint Factory for Fire That Burned Down Neighboring Properties in San Francisco
Prosecuted subrogation lawsuit arising out of fire that destroyed Fergosi Paint Factory in San Francisco and adjacent apartment buildings, resulting in environmental damages to local streets and closure of freeway. Origin of the fire was undetermined after City of San Francisco's Arson Chief completed investigation. Discovery revealed pattern and practice of poor factory maintenance by employees, and the cause and origin of fire was trash bin in which employee negligently discarded linseed oil-soaked rag that spontaneously combusted. Recovered $1 Million loss.
Creative Resolution in Landslide That Destroyed Ocean View Homes in San Clemente
Lead counsel in case involving major landslide in San Clemente that damaged and destroyed numerous ocean-view single-family homes. Allegations involved negligent irrigation and drainage of down-slope housing development, leaking of city pipes, and negligent grading by original developer. Achieved global resolution that required the Municipality to fund settlement that included rebuilding of canyon with the City obtaining reimbursement from the sale of new homes built on real estate newly created by rebuilding.
Favorable Settlement - 16 Wrongful Death & 57 Lawsuits from Northridge Apartment Collapse
Lead counsel in lawsuit resulting from collapse of Northridge Meadows, a large apartment complex during earthquake that resulted in sixteen wrongful death, and fifty-seven consolidated lawsuits based on strict liability. This was an unusually complex case involving heavy media exposure, and preservation of destroyed property for forensic inspections and studies by experts from around the world. Settlement strategy included bifurcation of liability and damages, pending dispositive motion on strict liability, computer aided modeling for structural failure during earth movement, and complex evaluative strategy. Settled case against property owner and management company in one year.
​Favorable Resolution in Japantown Peace Plaza Lawsuit in San Francisco
Lead counsel in lawsuit involving general engineering contractor that contracted to repair and replace project-wide waterproofing system in large commercial and historical district. City failed to disclose water leakage from hidden underground aquifer. The engineering contractor's construction crews were interfered with and their work damaged by crews hired by San Francisco politicians in rush to complete the project for photo opportunities during International Cherry Blossom festival. Contractors’ surety failed to repair after spending a million dollars and attaching contractor's personal real estate.
Collapse of Apartment Balcony in Santa Barbara During Deltopia Festival Resulting in Many Injured Students
Lead counsel for Defendant in lawsuit by multiple plaintiffs in case that arose from collapse of apartment building balcony. The balcony was filled with dancing and drinking college students during annual street party. Allegations of negligence against property management company for alleged failure to inspect and discover termite and dry rot damage, leading to collapse and injuries. The investigation included the off-site reconstruction of the failed deck and computer-aided design analysis that showed cause of the deck failure was the defective construction of the ledger connections between the deck and apartment that failed because of deck overloading.
Prevailed at Trial - Lawsuit in China by American Eyewear Company for Trademark Infringement
Mr. Freedman worked with local counsel in representing American company that manufactures and markets branded eyewear internationally. We sued in China contract manufacturer for unfair business competition and trademark infringement. Chinese manufacturer breached its contract by selling officially branded goods "out the back door," and infringed on client's registered trademarks by selling product under a competing trademark. The matter was litigated and appealed through the Chinese courts, which resulted in favorable rulings for the United States company and forced transfer of the infringing trademark.
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Investigation Finds Smoking-Gun Video in Employment Harassment Lawsuit
Represented manager of Applebee restaurant against multiple allegations of sexual harassment and assault by allegedly wholesome waitress who allegedly kept contemporanious diary of events. Investigation revealed that the diary was fabricated and that the employee had a secret life of a stripper for gangster group. Case immediately dismissed settled when plaintiff confronted with video showing sexual activities with gangster at same time client was allegedly harassing her.
Early and Favorable Resolution in Multi-Discipline Employment Lawsuit
Represented San Francisco hotel in highly complex action. Employee sued hotel for 13 Counts of Breach of Contract, Assault & Battery, Wage and Hour and Negligence claims. Employee claimed that while employed, he was to be paid a salary and was provided living arrangements. Employee claimed arrangement was illegal; that he was never provided meal or rest breaks, that the employer seriously injured employee during a fight while evicting. Employer denied liability and we prevailed on demurrer to complaint.
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Prevailed at Trial in Nevada Lawsuit Against Business Joint Venture Partner Involving Printer Cartridge Technology
This Las Vegas lawsuit involved the sale of the assets of a successful California business printing supply company to a New York Company that included a long-term consulting agreement secured by the assets of the company. The New York Company proceeded to secretly sell the assets to another company and defaulted on payments to the client. Lawsuit against ex-business partner for breach of contract, fraud, fraudulent transfer, and unfair business practices. Matter went to trial with a verdict in favor of client on all counts alleged in the Complaint.
Prevailed at Trial - Damage to Neighboring Redondo Beach Property Due to Alleged Fraudulent Grading
Mr. Freedman represented developer at trial where neighboring property owners claimed client's allegedly improper grading practices resulted in damaging foundation walls. Allegations that client purposely misrepresented to the City of Redondo Beach amount of soil removed to avoid having expensive grading plans prepared. At trial, we were able to prove that plaintiff's lead expert made serious errors by miscalculating cubic feet instead of cubic yards resulting in the expert, while on witness stand, apologizing to client.
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Prevailed at Trial - Suit Against Product Manufacturer of Alleged Defective Computer That Destroyed Home
Represented computer manufacturer against claims that defective power supply in computer system spontaneously ignited while owners were on vacation and burned down million-dollar home. At trial we proved that plaintiffs' experts failed to examine electrical circuit box of home that was exposed to rain and resulted in multiple shortages throughout the home that caused the fire. We also proved that the plaintiffs' materials expert was negligent in his analysis of burn patterns on the inside of computer box when he analyzed burn patterns based on fan in power supply that was exactly opposite of how it worked.
Favorable Settlement in Los Angeles Lawsuit Involving Severely Burned Employees Due to Floor Polisher Explosion
Mr. Freedman was lead counsel in a case where the victims, employees of a maintenance company whose job it was to clean leftover paint from the restroom floor of a new building. They used an electric floor polishing machine that had steel brushes. They used paint thinner on the floor to help the polisher remove the paint. This resulted in a spark in the polisher's motor that ignited a flashfire seriously burning the plaintiffs. Allegations included a defective motor, and failure to warn using steel brush machine around flammable materials.
Prevailed in Recovering Losses from Asbestos "Raining Down" on Client’s Operations and Inventory
Furniture client leased a 100,000' distribution center that underwent roof replacement by landlord and property manager. The property manager's negligent pre-construction investigation for asbestos resulted in previously unidentified asbestos in roof "raining down” on multi-million dollars-worth of new inventory of tenant. The litigation included wrongful eviction claim by the landlord; constructive eviction of client and abandonment of inventory; bad faith lawsuit against property insurer; lawsuit against insurance agent for failure to procure; and property damage lawsuit against landlord and property management company.
Client ID - Confidential - Strategic Business Planning Resulted in Dynamic Growth of Product Company
Entrepreneurs created companies for online marketing of health and beauty products using revenue sharing business model. Clients concerned with high-risk nature of their business, desire to limit liability exposure, and to structure organization for increased growth. We developed a strategic business model to manage risks and as platform for future growth. Plans included “hub and spoke" system built around management company to handle product development and operations, along with numerous operating companies for marketing and distribution, and separate companies to own and license intellectual property. We executed plan that included forming business entities as well as numerous partnerships, employment, and licensing agreements.