News

Thoits Law Obtains $6.2 Million Damages Award on Motion for Summary Judgment

Michael Owens v. Dustin Tillman et al.
Case No. 30-2020-01152100-CU-CO-NJC
 
Thoits Law represents Michael Owens in litigation against defendants Dustin Tillman and Zeeshawn Zia, former controlling officers of Elite Aerospace Group, Inc. Mr. Owens sued Tillman and Zia for tortious interference with a contract between Owens and a third party purchaser of Owens’ stock in Elite by making false representations to the purchaser about Mr. Owens’ stock, by imposing impossible conditions on the sale of the stock, and by making false statements about Owens. The Thoits Law team brought a motion for summary judgment seeking the full $6,208,000 that would have been owed under the contract but for the defendants’ unlawful interference. The court granted the motion against the defendants in all respects.
 
The case is pending in the Superior Court of California for the County of Orange before Judge Donald F. Gaffney.
 
The Thoits Law team included John van Loben Sels, Brittany Nobles, and Soyeun Choi.

Thoits Law Wins Complete Defense Victory for Employer against Wage Claim Before California Labor Board

Former Employee v. Education Provider

Thoits Law represented an education provider in Santa Barbara, California defending a wage claim brought by a high-level former employee.  The former employee sought overtime wages and penalties for performing allegedly non-exempt work outside of her job duties during the Covid pandemic.  After an evidentiary hearing, the California Labor Commissioner awarded a complete victory to the employer, finding that the former employee was primarily engaged in exempt duties ineligible for overtime compensation and that no additional wages were owed.  Plaintiff took nothing by her complaint.

The Thoits Law team included Cynthia Mullen and Maureen Duffy.

Thoits Law Secures Global Resolution in Employment and Trade Secret Matter

Former Employee v. Former Employer

Thoits Law represented an engineering professional in pre-litigation negotiations with his former employer, after termination without severance after 30 years of service. Thoits Law negotiated a favorable resolution of the parties’ respective claims prior to the filing of a lawsuit by either side.
 
The Thoits Law team was led by Cynthia Mullen.

Thoits Law Secures Significant Settlement in Business Sale Breach of Contract Case

Business Seller v. Business Purchaser

Thoits Law represented the plaintiff, a Bay Area business owner, in a case against the purchaser of the business.  After the business was sold, the purchaser took over but repeatedly failed to make the agreed payments.  Thoits Law filed a complaint on behalf of Plaintiff for breach of contract and fraud in Santa Clara Superior Court.  After aggressive written discovery and an early deposition of the defendant, the defendant agreed to settle the case after less than four months of litigation and before motion practice.
 
The Thoits Law team included Cynthia Mullen and Andrew Holland.

Thoits Law is pleased to announce that John D. van Loben Sels joined the firm's Litigation Group

John D. van Loben Sels specializes in IP litigation and is responsible for prosecuting and defending patent infringement, trade secret, copyright and other IP litigation and complex commercial litigation matters in courts across the United States.  View Bio

Thoits Law is pleased to announce that Brittany M. Nobles joined the firm's Litigation Group 

Brittany Nobles is an Associate attorney in the firm’s Litigation Group, where she focuses on intellectual property and business litigation.  View Bio

Thoits Law Negotiates Settlement in Interior Designer Fraud Matter

Homeowners v. Interior Designer

Thoits Law represented homeowners in a pre-litigation dispute with an interior designer regarding undisclosed fees and upcharges.  Thoits Law negotiated a favorable settlement for the homeowners without filing a lawsuit.

The Thoits Law team was led by Cynthia Mullen.

Thoits Law Secures Favorable Settlement In Employment Arbitration

Former Employee v. Bank (AAA Employment Arbitration)

Thoits Law represented a top earning former employee in her arbitration against a major bank asserting claims of wrongful termination, failure to pay wages, and related employment claims.  Thoits Law took over the matter from another firm and was able to obtain a favorable settlement for the client following written discovery and multiple motions to compel.
 
The Thoits Law team included Nathaniel Lipanovich and Andrew Holland.

Thoits Law Resolves Dispute Involving Share Of Profits From Delaware LLC

AAA Commercial Arbitration
 
Thoits Law brought claims in arbitration to obtain a client’s share of significant profits pursuant to the parties’ operating agreement.  Following depositions and expert reports, Thoits Law negotiated a confidential settlement with one set of defendants that resulted in a substantial payment for the client while preserving the client’s right to continue to pursue other defendants.  
 
The Thoits Law team included Nathaniel Lipanovich, Andrew Holland, and Aaron Wainscoat.

Dan Cooperider joined the firm’s Trust & Estate Group as Of Counsel on March 1, 2021.

Most recently at Hopkins Carley in San Jose, Dan has over 20 years experience in estate planning and litigation. Dan earned his J.D. from Golden Gate University School of Law. He focuses his practice on estate and trust planning, implementation, administration and litigation, as well as estate and gift tax counseling.
View Bio

Thoits Law Obtains Favorable Result In Real Estate Non-Disclosure Case

Thoits Law represented the sellers of a property in Santa Clara County who were sued for alleged non-disclosures related to the sale of their property, as well as implied and equitable indemnity, comparative fault, express indemnity, and declaratory relief.  The case involved multiple counterclaims between the buyer, seller, and their respective realtors, and Thoits Law was able to push for an early mediation prior to any discovery being served on their client.  This led to a very favorable settlement at mediation without the time and expense of discovery or motion practice.
 
The Thoits Law team was led by Nathaniel Lipanovich.

Thoits Law Secures Dismissal In Antitrust Matter

Intel Corporation, et al. v. Fortress Investment Group LLC, et al.
Case No. 19-cv-7651

Thoits Law represents defendant DSS Technology Management, Inc. in a case brought by Apple and Intel alleging that defendants violated antitrust laws by aggregating a massive portfolio of patents covering electronics products and aggressively enforcing those patents – e.g., by demanding that licenses be obtained and/or by filing meritless patent infringement actions. Defendants moved to dismiss, and Thoits Law filed a supplemental brief on behalf of DSS arguing that the claims against DSS were independently barred by a settlement agreement with Intel. The court agreed and dismissed the only claims asserted against DSS with prejudice, making DSS the only defendant to be dismissed from the case.

The case is pending in the United States District Court for the Northern District of California before Judge Edward Chen.

The Thoits Law team included Andrew Holland and Nathaniel Lipanovich.

Thoits Law Obtains Dismissal Of Claims And Award Of Fees Through Terminating Sanctions

Skyline Advanced Technology Services v. Shafer:
19-cv-00787-CRB

Thoits Law represents Skyline Advanced Technology Services in litigation against a former employee. Thoits Law conducted extensive discovery and uncovered widespread spoliation, which led to a motion seeking sanctions against the former employee due to her intentional destruction of evidence. Following briefing and extended oral argument, Magistrate Judge Illman issued a detailed opinion that awarded terminating sanctions for the former employee’s claims against Skyline, an award of fees and costs to Skyline for its sanctions motion, and a ruling that Skyline is entitled to an adverse inference instruction on its claims against the former employee, which are still proceeding. This decision was adopted in full by Judge Breyer.

The case is pending in the United States District Court for the Northern District of California before Judge Charles Breyer.

The Thoits Law team included Steve Dennis, Andrew Holland, Nathaniel Lipanovich, and Mark Boennighausen.

Thoits Law Recovers Attorneys’ Fees and Costs For Client

Litrinium v. MACOM Technology Solutions Inc.
Case No. SACV 19-1674 JVS.

On April 27, 2020, Thoits Law obtained a dismissal with prejudice of a complaint filed against its client, MACOM, and the court permitted MACOM to seek its attorneys’ fees and costs for the motion. Following briefing on its fees and costs, the court held that the hourly rates for Thoits Law attorneys were reasonable in light of their experience and that time spent by Thoits Law on its motion were reasonable. MACOM was ultimately awarded over $50,000 in attorneys’ fees and costs, which represented over 95% of the amounts sought.

The case was pending in the United States District Court for the Central District of California before Judge James V. Selna.

The Thoits Law team included Andrew Holland, Nathaniel Lipanovich, and Mark Boennighausen.

Thoits Law Obtains Complete Dismissal On Anti-SLAPP Motion

Litrinium v. MACOM Technology Solutions Inc.
Case No. SACV 19-1674 JVS.

Thoits Law obtained a complete, early victory for its client MACOM against claims alleging false advertising, unfair competition, and interference with prospective economic advantage. The plaintiff sought over $250 million in damages. In response, MACOM filed a motion to strike the complaint under California’s anti-SLAPP law. After briefing was completed, the court’s tentative order granted the motion to strike the complaint but gave plaintiff leave to amend. Andrew Holland and Nathaniel Lipanovich appeared at oral argument for MACOM and convinced the court that no leave should be permitted and in its final order the court dismissed the complaint with prejudice and invited MACOM to seek its attorneys’ fees and costs.

The case is pending in the United States District Court for the Central District of California before Judge James V. Selna.

The Thoits Law team included Andrew Holland, Nathaniel Lipanovich, and Mark Boennighausen.