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Commercial and Real Estate



We have represented lawyers in malpractice actions involving alleged RICO violations, securities regulations violations, defamation, family law, marital dissolution and probate matters. We have experience in representing appraisers in cases involving claims of violation of federal banking and securities' regulations and negligent real estate appraisal.

We have represented accountants in cases involving limited partnerships and alleged securities violations. And, we have represented real estate agents and brokers in a number of cases including one involving two wrongful deaths which resulted from the failure of a balcony.

In addition to representing numerous professionals in a wide range of areas, attorneys at Carlson & Messer LLP have represented numerous financial institutions in many different areas of litigation.

Our experience includes litigation involving allegations of:

  • improper recording of deeds of trust;

  • the failure to disclose material aspects of loans;

  • over-encumbrance of property so that the security becomes worthless;

  • improperly honoring checks;

  • and improper and unethical lending practices.

Our practice includes defense of directors and officers of financial institutions, fidelity bond litigation, and claims of alleged violation of the Truth in Lending Act and related consumer protection statutes. In addition, we have considerable experience with judicial and non-judicial foreclosures.

Among the cases handled by our lawyers are the following:

  • Jeffery Carlson tried an intentional interference with prospective business advantage and fraud case in which he represented a corporate officer and company. Plaintiffs were a closely held corporation, and the principals of that corporation (i.e. a husband and wife) claimed that the defendants engaged in unlawful, usurious and fraudulent lending practices in connection with accounts receivable financing of the garment business. The trial presented a number of interesting legal issues, one of which was a matter of first impression in California, as well as some unusual developments during the process of the defense and trial of the case. These developments included the principals divorcing, claiming the divorce was a result of the financial pressure and lending practices of our clients, the husband plaintiff dying in the middle of trial and their estranged son offering to present evidence damaging to the plaintiff principals' (i.e. his parents) case in exchange for a payment of money. Mr. Carlson won this case on behalf of our clients and the matter was upheld by the California Court of Appeal. In addition, he defended cases involving retaliatory cross-complaints in foreclosure actions, fraud actions against lenders, receivership issues, fraudulent and unethical leading practices, improper payment on checks as well as many others.

  • Charles Messer has defended a class action in Federal Court involving bank charges on delinquent or defaulted consumer loans that were allegedly illegal under applicable state and federal laws, including the Truth in Lending Act and other related consumer protection statutes arising out of the debtor/creditor relationship. We have defended a class action involving plaintiffs' allegations that certain finance charges (i.e. late fees, penalties, collection charges) in addition to the interest charge, were unenforceable under California State law. This class action also included allegations that such charges were illegal and constituted an unfair business practice, under Business & Professional Code §17200, and constituted a violation of the State and Federal Fair Debt Collection Practices Acts (FDCPA). We prevailed in that case on cross-motions for summary judgment.

  • David Kaminski has defended numerous corporate entities and individuals with regard to sophisticated and complex business litigation matters involving breaches of contract and intentional torts. In the area of breach of contracts and business torts, Mr. Kaminski has defended multi-million dollar lawsuits involving fraud and products liability. Mr. Kaminski has successfully defended multi-party litigation in matters of this kind involving multi-million dollar claims.

  • Jeanne Zimmer has represented business entities in various litigated matters. For instance, in a commercial case, she compelled a binding arbitration pursuant to an arbitration clause in a contract relating to auction sales after which she received a defense award at the binding arbitration.