Significant Case Results
Venture Communications v. Falcon Communications
$26 million
In 1992, Mr. Klein represented a limited partner in a cable franchise, alleging a variety of causes of action, including breach of fiduciary duty and fraud. Mr. Klein prevailed at trial and, after a court awarded judgment in favor of Mr. Klein’s client, Mr. Klein’s client received the settlement.
Affinitec v. Siemens
$5.7 million
In May 1999, Klein & Wilson won a verdict on behalf of one of its software clients against Siemens Business Communications, Inc., one of the largest companies in the world. Affinitec prevailed on all of its breach of contract claims and recovered 99% of all the damages it requested from the jury. Siemens filed a cross-complaint against Klein & Wilson’s client, but recovered nothing.
Darla L. v. Southland LLC
$2.25 million
In April 2000, Klein & Wilson won a verdict in a premises liability action stemming from a sexual assault on a tenant of a residential apartment complex. This was one of the largest verdicts of its kind in California.
STM Wireless, Inc. v. AmeriData, a Subsidiary of General Electric
$2 million
Klein & Wilson represented a public company in a complicated breach of contract action against a much larger corporation. Two weeks before trial, Klein & Wilson shared its mock trial results with the opposing side, and the parties reached a settlement.
CD Listening Bar, Inc. v. Undisclosed Major Accounting Firm
$2 million
Klein & Wilson’s client in this matter was one of the largest distributors of compact disc products in the United States. As was the result of rapid growth, the client needed to replace its existing accounting software package with a higher end package while remaining in operation. It retained a major accounting firm to do the work. The job was done poorly and Klein & Wilson’s client lost millions of dollars. The difficulty in the case was proving the precise amount of damages. The case ultimately settled for $2 million.
Next Pharmaceuticals, Inc. v. Stauber Performance Ingredients, Inc.
$1.5 million
In this case, Klein & Wilson represented a nutritional supplements firm who sold $750,000 of nutritional supplements to defendant. Defendant alleged the product was defective and refused to pay. After Klein & Wilson filed a complaint, defendant filed a cross-complaint, alleging a variety of wrongful conduct by Klein & Wilson’s client. After working up the case and attending a mediation where Klein & Wilson put on a multimedia trial presentation, defendant agreed to settle the case in an imaginative settlement. This settlement would not have been possible had Klein & Wilson not done extensive briefing and put on a multimedia trial presentation at the mediation.
Devore v. Massachusetts Casualty Insurance Company
$1.5 million
In this case, Klein & Wilson represented a dentist who could no longer practice dentistry because he suffered from chronic daily migraine headaches. The disability carrier refused to pay insurance proceeds on the ground the dentist had made misrepresentations in his application and because it challenged the extent of the dentist’s disability. After Klein & Wilson received a plaintiff’s verdict, the case settled.
Vera Townhomes Homeowners’ Association v. Vera Townhomes
$1.5 million
In a construction defect case, Klein & Wilson represented a homeowners’ association consisting of 48 condominium units. The developers and contractors denied there were construction defects and refused to pay anything. After conducting a "show-and-tell" presentation of the defects at the project and inviting all the defendants to destructive testing, the defendants recognized they would be found liable and paid Klein & Wilson’s client.
Guild, Inc. v. J.C. Penney
$1.4 million
In 2004, Klein & Wilson won a verdict in a breach of implied contract and copyright infringement case against one of the largest retailers in the United States. The jury awarded every penny Klein & Wilson requested. The Court commented that Klein & Wilson’s multimedia trial presentation was the best it had ever seen.
Doe Family v. Doe Corporation (Case Confidential)
$1.2 million
Klein & Wilson represented the Doe family, whose lives were shattered when their rented van experienced a flat tire and rolled several times. The family’s five-year-old daughter was killed. Although the accident occurred in San Bernardino, a county notorious for low verdicts, Klein & Wilson was able to move the case to Orange County, where verdicts are larger. This was a case which required extreme sensitivity, as one of the allegations in the case was that Mr. Doe did not properly fasten his young daughter’s seat belt. Klein & Wilson, therefore, took careful steps to position the case for a maximum settlement, without the father having to sit for a deposition where he would endure extensive cross-examination on the seat belt issue. Incurring only a minimum amount of expert expense, and after taking only two depositions, Klein & Wilson was able to settle the case. While not the largest verdict or settlement Klein & Wilson has ever achieved, the fact this settlement was achieved without the clients’ having to testify (under the circumstances of this case) was one of Klein & Wilson’s greatest case successes.
Gualderon v. Massachusetts Casualty Insurance Company
$1 million
Opposing counsel in the Devore case, cited above, referred Ms. Gualderon to Klein & Wilson. After 20 years of building a garment company with $60 million in annual sales, Ms. Gualderon suffered a ruptured eardrum on an airplane while returning from a business trip. She experienced repeated infections and had three surgeries attempting to correct the problem, to no avail. As a result of her illness, she experienced tinnitus, nausea, and migraine headaches, which prevented her from serving as the chief executive officer of her company. Her insurance company refused to pay her insurance benefits, and Ms. Gualderon sought Klein & Wilson’s assistance. Klein & Wilson was able to recover for Ms. Gualderon as a settlement of all claims without filing a lawsuit.
Doe Corporation v. Doe Corporation (Case Confidential)
$1 million
Klein & Wilson’s client hired Texas counsel to try a breach of contract case. In the middle of trial, the attorney-client relationship deteriorated. In an unusual set of circumstances, the parties’ attorneys signed a letter of intent regarding settlement terms, but the case was dismissed before the parties signed a formal settlement agreement. When the defendant refused to honor the settlement terms, the client hired new Texas counsel who tried to get the case reinstated. After eight months of being in limbo, the client asked Klein & Wilson to see what it could do. Klein & Wilson resolved the case with the defendant paying Klein & Wilson’s client.
Project FasTags, Inc. v. Fascenelli, et al.
$1 million
Klein & Wilson represented one of two partners in the breakup of a lucrative partnership. In addition to various breach of fiduciary duty claims, Klein & Wilson represented the client in claims of copyright and trademark violation. Klein & Wilson was able to achieve a settlement resulting in a payment to its client. The client retained control of the business as well.
Paritcher Khadem-Missagh v. Haroonian
$700,000
In 2000, Klein & Wilson represented a man who lent money to carpet salesmen in Beverly Hills. The carpet salesmen refused to pay the money back. Klein & Wilson obtained summary judgment as to two of the defendants and judgment on the pleadings as to the remaining defendants.
Sullivan v. Lone Eagle Enterprises, LLC
$500,000
Klein & Wilson represented a client in a complex real estate partnership dispute. Within a few weeks of taking over the matter for the client and after taking a single deposition, Klein & Wilson achieved a settlement for its client.
Doe v. Roe Corporation (Case Confidential)
$500,000
Klein & Wilson represented the former chief executive officer of a major corporation. The major corporation had failed to live up to numerous provisions of a post-employment agreement. After three days of arbitration, the defendant agreed to pay all the money Klein & Wilson’s client requested.
Wesley v. Kifton
$500,000
In this construction defect case, Klein & Wilson sued some of the largest developers in California, including Jack Nicklaus (the golfer) and Watt Industries. Klein & Wilson’s clients purchased a large residential lot on a Jack Nicklaus golf course and, soon after the purchase, the lot was destroyed by a flood. All the defendants denied liability, and Mr. Nicklaus even threatened Klein & Wilson with a malicious prosecution action. After Klein & Wilson presented compelling evidence that the lot was defective, the defendants settled.
Doe Corporation v. Doe Corporations
(Settlement)
Klein & Wilson settled a copyright infringement case against major garment manufacturers and some of the largest retailers in the world by persuading the defendants to disgorge their profits.
Doe v. Roe Corporation (Case Confidential)
Klein & Wilson represented some of the largest companies in the world in an action against a toxic polluter to fund a settlement with the Environmental Protection Agency. The toxic polluter said it could not pay what it owed because it was out of business and had no assets. Klein & Wilson uncovered evidence that defendant’s president used the company like a personal piggy bank. Therefore, Klein & Wilson pursued the president under an alter ego theory. These tactics resulted in a substantial settlement for Klein & Wilson’s clients. Accordingly, in a case where the target defendant had no money, Klein & Wilson still recovered almost every penny owed.
Doe v. Roe Mall
$290,000
In 2000, Klein & Wilson represented a 37-year-old man who slipped and fell in a mall. The man suffered a severely broken leg, two surgeries, and a disputed loss of wages. The case was settled prior to trial.
Breton v. Midland TME
$250,000
In a construction dispute, Mr. Klein represented a construction company for collection of its contract account and foreclosure of a mechanics’ lien. The defendants alleged construction defect and a variety of other defenses, including some issues never before considered by a California court. Mr. Klein recovered for the construction company and won the right for his client to foreclose on its mechanics’ lien.
Sweeney v. York
$200,000
Klein & Wilson represented a healthy and spry octogenarian who was sitting at a bus stop when, as a result of a defective intersection, a car crashed into her, causing her serious injuries. Since the driver of the car had minimal insurance, Klein & Wilson was forced to look for other responsible parties. Klein & Wilson sued the developer and the city, and received a prompt settlement on behalf of its client.
MacPherson v. Donaldson, Lufkin & Jenrette Securities Corporation
$200,000
In 1987, Mr. Klein sued Wall Street securities firm Donaldson, Lufkin & Jenrette Securities Corporation ("DLJ") on behalf of an investor whose account was wrongfully liquidated by the securities company. DLJ countersued the investor for over $1 million, alleging securities fraud and a variety of other causes of action. Mr. Klein received summary judgment on most of the security company’s causes of action and, at trial, received a defense verdict on DLJ’s remaining causes of action. The jury awarded the investor an amount representing the value of the wrongfully liquidated account.
Masonry Mechanics v. Breton Construction
$200,000
Mr. Wilson represented Breton Construction in this construction defect and breach of contract action. Masonry Mechanics sued Breton Construction for several hundred thousand dollars for nonpayment of its work. Mr. Wilson proved that Breton Construction refused to pay for the work because it was defective. Moreover, Mr. Wilson proved that Masonry Mechanics caused Breton Construction to suffer approximately $200,000 in delay damages. At arbitration, the court awarded Masonry Mechanics nothing and awarded Mr. Wilson’s client.
Turley v. Steaven Jones Development
$200,000
Klein & Wilson’s client broke her wrist after tripping over stairs which were not constructed pursuant to California Building Code requirements. Defendants vehemently denied liability and refused to pay anything. At arbitration, Klein & Wilson’s client was awarded.
Tropicale Foods, Inc. v. Cisneros
$127,000
Klein & Wilson represented an ice cream manufacturer against a former distributor to recover money for unpaid products and unfair competition. The case settled on the day of defendant's deposition with the defendant paying for all of the unpaid products, plus an additional $20,000 in damages.
Wilson v. Jefferson Hotel
$115,000
Klein & Wilson represented plaintiff in an action against the world famous Jefferson Hotel in Washington, D.C. Klein & Wilson’s client had one of her fingers partially amputated when a defective window fell on it. The hotel denied liability. Klein & Wilson obtained a videotape reenacting the accident and proving the window malfunctioned. The hotel refused to pay anything. At arbitration, Klein & Wilson’s client recovered.
Valdez v. Rico
$90,000
In 2003, Klein & Wilson won a summary judgment in a mechanics’ lien case. Klein & Wilson also persuaded the court to order defendants’ property sold to satisfy the judgment.
Paleteria La Michoacana, Inc. v. Peña
(Settlement)
Klein & Wilson represented the former employee of a large ice cream company which alleged that Klein & Wilson’s client took the employer’s customer list and formed a competing company. By the time the employee retained Klein & Wilson, the court had already entered a preliminary injunction against the employee, preventing him from soliciting business from over 700 customers in California. Klein & Wilson immediately filed and won a motion to disqualify the employer’s counsel because it had previously represented the employee in another case, creating a conflict of interest. Then Klein & Wilson conducted discovery which persuaded the employer’s new attorney that the case had no merit. Subsequently, Klein & Wilson negotiated a settlement whereby its client paid nothing, the employer dismissed the case with prejudice, and the injunction was dissolved.
Doe v. Roe (Case Confidential)
(Settlement)
In 2006, Klein & Wilson represented the husband of a woman involved in a terrible automobile accident where one person died and several others were badly injured. In this high profile case, the plaintiffs alleged the husband (who was not even involved in the accident) was liable for the damages because he negligently entrusted his automobile to his wife who allegedly caused the accident. Klein & Wilson was successful in settling the case by persuading plaintiffs' counsel that the husband's assets were not at risk and by persuading the husband's insurance carrier to pay plaintiffs the policy limits.
James v. Hill
(Settlement)
Klein & Wilson represented a Fortune 500 Company whose employee caused a serious automobile accident, severely injuring two people. Both plaintiffs had multiple injuries requiring several surgeries. Both plaintiffs alleged permanent injuries and alleged damages totaling $8.7 million. Recognizing this was a liability case, Klein & Wilson focused its efforts on evaluating the nature and extent of plaintiffs’ injuries and getting the case settled as quickly and economically as possible. Klein & Wilson obtained videotapes of plaintiffs engaging in activities which were inconsistent with their alleged injuries. Klein & Wilson also conducted a thorough review of plaintiffs’ medical history to show that some of plaintiffs’ complaints resulted from preexisting conditions. Then, Klein & Wilson confronted plaintiffs with this evidence at videotaped depositions, catching plaintiffs in further inconsistencies. Klein & Wilson presented a devastating multimedia presentation showing how plaintiffs’ testimony was inconsistent with their medical records and videotapes. The mediation resulted in a settlement far less than plaintiffs’ original $8.7 million demand.
Doe v. Doe Corporation (Case Confidential)
(Settlement)
Klein & Wilson represented the Doe Corporation, who was sued by an individual claiming the Doe Corporation entered into a written agreement providing the individual a 30 percent interest in the company as well as guaranteeing employment for five years at $100,000 per year. Plaintiff’s settlement demand was $5 million. Doe Corporation hired Klein & Wilson just two weeks before the case was set for trial. Klein & Wilson persuaded the trial court to continue the trial. Then Klein & Wilson took plaintiff’s deposition by videotape, during which Klein & Wilson impeached plaintiff many times. Subsequently, Klein & Wilson persuaded plaintiff to attend a mediation. At the mediation, Klein & Wilson used a multimedia presentation showing how badly plaintiff had been impeached. The case settled at mediation.
Siegel v. Dyer
(Settlement)
Plaintiff sued Klein & Wilson’s client, K. Dyer, alleging she failed to disclose fungus when she sold her property to plaintiff. The case was troubling because the parties signed an amendment to the agreement in which K. Dyer disclosed the fungus, plaintiff agreed to take responsibility for it, and plaintiff received a credit for the condition. Due to this fact, Klein & Wilson filed a cross-complaint alleging plaintiff was breaching the terms of the contract. On the eve of the hearing on a motion for summary judgment Klein & Wilson filed, plaintiff agreed to pay Klein & Wilson’s client for having to defend a frivolous lawsuit.
Doe v. Roe Corporation (Case Confidential)
(Settlement)
Klein & Wilson represented the manufacturer of a heater in an explosion case where plaintiff was seriously burned. Following aggressive defense tactics, Klein & Wilson was successful in obtaining a settlement.
Tropicale Foods, Inc. d.b.a. Helados Mexico v. Helados La Mexicana, Inc.
(Settlement)
In 2006, Klein & Wilson represented a Mexican ice cream manufacturer in an action against a competitor who was using a confusingly similar name. Klein & Wilson filed an action for trademark infringement and unfair competition and persuaded the competitor to give up its name to resolve the case.
Doe Corporation v. Roe Corporation (Case Confidential)
(Settlement)
In 2006, Klein & Wilson represented a tenant who leased a large building for many years. The lease required the tenant to maintain the building. Upon termination of the tenancy, the landlord demanded $765,000 to repair the premises. Klein & Wilson persuaded the landlord that many of its demands were unreasonable and to accept only $350,000 to resolve the dispute.
Doe Corporation v. Roe Corporation (Case Confidential)
(Settlement)
Klein & Wilson represented a general contractor and developer in this construction defect and breach of contract case. The plaintiff, who purchased a new industrial building, claimed the entire concrete slab was defective and needed to be replaced. The plaintiff claimed damages of approximately $12 million. Klein & Wilson fought the case on two fronts. First, it conducted discovery to disprove plaintiff's claims. Second, Klein & Wilson pursued a claim for bad faith against its clients' insurance carriers for failing to settle the claim. Klein & Wilson obtained persuasive evidence that the concrete slab was not defective, and Klein & Wilson impeached plaintiff's expert at his deposition. Subsequently, Klein & Wilson set up a mediation to resolve plaintiff's claims as well as Klein & Wilson's clients' claims against their insurance carriers. The case settled with Klein & Wilson's clients paying nothing.
Roanja v. Halavi, et al.
(Settlement)
Plaintiff alleged Klein & Wilson’s client, a Fortune 500 Company, violated antitrust and unfair competition laws. Klein & Wilson filed a demurrer to the complaint showing that the client’s business practices were specifically permitted by the Cartwright and Sherman Acts; accordingly, there was no violation. Before the hearing on the demurrer, plaintiff agreed to dismiss the complaint with prejudice.
Krogh v. Donaldson, Lufkin & Jenrette Securities Corporation
(Confidential Settlement)
In this case, two investors sued their securities broker for wrongful liquidation of their accounts. After completion of discovery, Mr. Klein received a substantial settlement on behalf of his clients.
LDM v. Unisys Corporation
(Confidential Settlement)
In 1986, Mr. Klein negotiated a settlement for his client with Unisys Corporation. At the time, this was the largest settlement ever paid by Unisys Corporation in a non-securities case.
Vera Townhomes Homeowners’ Association v. State Farm
(Confidential Settlement)
In conjunction with the construction defect case referenced above, Klein & Wilson filed a first party claim against State Farm Insurance. The claim was rejected, and Klein & Wilson filed an action for bad faith against the insurance company. Before any depositions were taken, State Farm settled by paying the association’s entire claim.
Gutierrez v. Norris Cylinder
(Settlement)
This case involved a nationally reported tragic accident where two Metrorail workers were seriously burned and another worker seriously injured when an acetylene tank manufactured by Klein & Wilson’s client exploded. Klein & Wilson retained the world’s leading expert on acetylene cylinders and presented a case indicating that other defendants and the plaintiffs themselves were primarily responsible for the accident. Recognizing damages could easily exceed $20 million, Klein & Wilson conducted mock trials and learned that ordinary jurors would hold other defendants responsible for the accident, not Klein & Wilson’s client. Armed with these mock trials, Klein & Wilson entered into an imaginative "Mary Carter" settlement with plaintiffs, which allowed Klein & Wilson’s client to settle the case for less than the costs of defense. The remaining defendants went to trial and ultimately paid plaintiffs
Hernandez v. Clearing Manufacturing Company
(Dismissal)
In this case, plaintiff’s hand was amputated in an industrial accident. Plaintiff sued Klein & Wilson’s client, who had owned the allegedly defective equipment for over 50 years. Klein & Wilson received summary judgment on behalf of their client, resulting in a dismissal of the case.
Garcia v. Richardson’s R.V. Center, Inc.
(Dismissal)
In this case, plaintiff was rendered a quadriplegic in an accident involving a recreational vehicle. Klein & Wilson defended the manufacturer of one of the components of the recreational vehicle involved in the accident. As a result of its trial tactics, the case was dismissed against Klein & Wilson’s client without any payment.
Singh v. Royal Maccabees Insurance Company
(Confidential Settlement)
Klein & Wilson’s client was a prominent anesthesiologist. Following a traffic accident, he suffered carpal tunnel syndrome, for which the insurance company paid partial disability benefits. However, after releasing the insurance company from any claim for partial disability, the client found that he was still not improving. The insurance company refused to pay any further benefits, and Klein & Wilson sued on behalf of the client. After getting the case ready for trial, the insurance company settled for a confidential amount.
Price Pfister, Inc. v. Metaldyne Corporation, et al.
(Defense Verdict)
Klein & Wilson represented the defendants in this hotly contested breach of contract and declaratory relief case. Plaintiff was represented by Edward Hugo of Brydon, Hugo and Parker, who claims to be one of the most successful trial attorneys in Northern California. Before trial, plaintiff dismissed Metaldyne Corporation. At trial, plaintiff sought approximately $1 million from TriMas Corporation, contending it breached a contract to indemnify plaintiff from costs it incurred defending several asbestos cases. Plaintiff also sought a declaration that TriMas was responsible to defend plaintiff in any lawsuit where the injured party contends that a "Price Pfister" product manufactured from the early 1900's to 1983 caused injury. At trial, Klein & Wilson proved that plaintiff could not prove any of its claims, and the court entered judgment for Klein & Wilson's client.
JAG Industries v. Brutoco Development
(Defense Verdict)
In this case, Mr. Klein represented a land developer accused of breaching an option to buy a particular property. Mr. Klein moved for a defense verdict at the conclusion of plaintiff’s presentation of evidence. The motion was granted, resulting in a judgment for Mr. Klein’s client.
Overton, Lyman & Prince v. John Doe
(Defense Verdict)
In 1986, Mr. Klein represented a client of Overton, Lyman & Prince, a prominent law firm, who contested any obligation to pay further attorneys’ fees to the Overton firm. At trial, the court determined Overton, Lyman & Prince had not carried its burden in proving fees were owed and, upon Mr. Klein’s motion, the court granted a defense verdict in favor of Mr. Klein’s client.
Saad v. Gilchrist
(Defense Verdict)
In this action, Mr. Klein represented the former president of a software company on a breach of guarantee case. At the conclusion of plaintiff’s case, Mr. Klein moved for a defense verdict. Judgment was entered on behalf of Mr. Klein’s client without his client being required to present further evidence. Costs were awarded to Mr. Klein’s client.
Kessler v. Horan
(Plaintiff Verdict)
In this attorney malpractice action, Klein & Wilson represented an investor who purchased real estate in Newport Beach. The attorney who represented Klein & Wilson’s client in the transaction botched the transaction so badly, the client’s title to the property was unclear, which resulted in several other lawsuits being filed. The attorney denied all liability and the case went to trial. The attorney was represented by one of Orange County’s most experienced trial attorneys. Nevertheless, Klein & Wilson prevailed at trial and recovered all the damages he requested.
Pellizzon v. Fidelity Investments
(Plaintiff Verdicts)
In this case, Mr. Klein represented a securities investor whose orders were not executed properly. Mr. Klein prevailed in arbitration and the client was awarded all the money he requested.
Burgess v. Thermador
(Settlement)
Klein & Wilson represented a large corporation whose deliveryman accidentally killed a motorcyclist in a traffic accident. After thorough investigation, Klein & Wilson determined there was no substantial defense and little comparative negligence on the plaintiff’s part. Rather than waste money on legal fees and costs, Klein & Wilson recommended an early settlement conference and the case was settled on an amicable and fair basis.
People v. Blansett
(Not Guilty Verdict)
In a case where Mr. Klein was asked to represent a relative of an established commercial client, Mr. Klein defended a young man wrongfully accused of dealing narcotics. Mr. Klein proved the drug dealer was the client’s roommate, not the client himself. Although the rate of acquittal in Orange County criminal actions is less than 5%, Mr. Klein obtained a verdict of not guilty.
Vera Townhomes Homeowners’ Association v. Chesley Construction, Inc.
A general contractor threatened to sue Klein & Wilson’s client, a homeowners’ association, for unpaid construction fees. Following Klein & Wilson’s advice, the homeowners’ association sued first. At the binding arbitration, the association argued that not only had it paid the contractor in full, it had overpaid the contractor for its work. Before the arbitration, the association offered to settle the case for a "walk-away," with both sides surrendering their competing claims against each other. The contractor refused and insisted on pressing its cross-complaint. The case proceeded to arbitration. Using a multimedia presentation, Klein & Wilson convinced the arbitrator that the association was owed every penny it requested, and the arbitrator awarded the contractor nothing. The arbitrator later told the local bar association that Klein & Wilson’s multimedia presentation was the most effective trial presentation he had ever seen.
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