Appeals
H039036 – 233 Cal.App.4th 379 (San Jose) – Following an order denying client’s motion to set aside default and default judgment in the Superior Court, the Sixth District Court of Appeal issued a full reversal of the Superior Court, and remanded with instructions to the Superior Court to vacate its order, and issue a new order granting the motion. The Sixth District also awarded costs on appeal to the client.
Dist. Case No. 5:17-cv-01991 (San Jose) – In this bankruptcy tax appeal, the client ultimately prevailed against the CA Employment Development Department, which was represented by the CA Attorney General’s office. The district court ordered a full reversal of the bankruptcy court and ordered the taxes in question discharged in full.
Bankruptcy
Bk. No 17−30515 (San Francisco) – Small business debtor entered chapter 11 reorganization proceedings to fend off a judgment that would have required to it shut down due to CA Contractors State Licensing Board regulations. Successfully navigated complex chapter 11 rules with small business debtor, and negotiated and brokered a deal with main creditor. Chapter 11 plan was confirmed by the Court and resulted in a successful reorganization for the client.
Bk. No. 2:16-bk-13575 (Los Angeles) – In this large chapter 11 case, represented creditor who was owed several millions of dollars. Formed a creditors’ committee which hired its own separate large law firm as counsel. Acted as chair of the creditors committee. After much litigation, strategy, and liquidation of assets, the creditors’ committee’ chapter 11 plan was confirmed by the Court. The confirmed plan resulted in substantial distributions to the client, as well as all creditors of the estate.
Corporate
[Business Client Not Public Record] – Set up multi-jurisdictional corporate structure for multi-national with operations in 3 states and 3 countries. Registered certain entities with SEC for fundraising private placement disclosures. Optimized corporate structure for business, regulatory, tax, and asset protection purposes. Reviewed and drafted corporate contracts. Set up deal structures between multi-national and other joint ventures. [Business Client Not Public Record] Technology client owned successful internet venture but failed to secure trademark rights worldwide. Trademark pirate registered trademarks first and entered into litigation with client. Successfully negotiated and mediated settlement by which client purchased back their worldwide trademark rights, and co-counseled with large law firm to transfer worldwide trademark rights back to client.Litigation
Dist. Case No. 3:15-cv-01373 (San Francisco) – Prosecuted large dollar lawsuit against legal entities and individuals who had defrauded client out of millions of dollars. Following several years of litigation, judgment was entered against defendants for millions of dollars.
Dist No. 5:12-cv-04878 (San Jose) – Multi-state dispute between landowners in California and Nevada involving sale of real property gone awry. After attempting to negotiate and reach a settlement on terms acceptable to both parties failed, filed diversity of citizenship lawsuit in federal court for damages due to false promises of the defendant. The case ultimately settled on terms favorable to the Client.
Probate
18PR184623 (San Jose) – Probated largest shopping center in the city of Vallejo, which was held in multiple limited liability companies, and involved complex MBS lender with large prepayment penalty. Negotiated sale of shopping center with the assistance of sophisticated broker and second law firm, which validated all of the leases. Worked on estate tax issues and portability of unused exemption.
Taxation
Dist Case No. 5:14-cv-00830 (San Jose) – Client had received $1 million tax bill from IRS after having been unfairly denied access to participate in IRS audit due to being in hospital. Filed audit reconsideration and received 1/3 off tax bill in audit reconsideration. Appealed to IRS appeals and received another 1/3 of tax bill at IRS appeals. Client paid tax and filed refund litigation suit to recover the final 1/3. Case settled with client receiving nearly 100% refund on original bill.
[Tax Planning Client Not Public Record] – Advised client with worldwide operations on most tax efficient structuring of business operations in different jurisdictions, taking into consideration line of business, type of income, related entity arms length transactions, and maximizing tax deductions.