| REPRESENTATIVE CASES |

REPRESENTATIVE CASES: ANNE

Key v. Tyler, 34 Cal.App.5th 505 (2019). Obtained reversal of order granting anti-SLAPP motion dismissing petition to enforce a no contest petition in probate proceedings on the ground petitioner had demonstrated a likelihood of prevailing on the merits by means of res judicata and law of the case and claim was not barred by the litigation privilege.

Laker v. Board of Trustees of California State University, 32 Cal.App.5th 745 (2019). Obtained partial reversal of order denying anti-SLAPP motion in FEHA action as to defamation claim on the ground claim made in connection with an internal investigation arose from protected activity and university professor failed to establish a probability of prevailing on the merits.

Monster Energy Co. v. Schechter, 26 Cal.App.5th 54 (2018), rev. gtd. Obtained reversal and ordered grant of anti-SLAPP motion to strike cause of action against attorney for breach of a confidentiality provision in a settlement agreement, where the attorney signed the settlement agreement only “approved as to form and content” and did not agree to be bound to the terms of the settlement agreement.

Fluidmaster, Inc. v. Fireman's Fund Ins. Co., 25 Cal.App.5th 545 (2018). Obtained reversal of order disqualifying law firm based on vicarious disqualification arising from law firm's hiring of challenged e-discovery attorney following implementation of proper ethical wall.

People v. ConAgra Grocery Products Co., 17 Cal.App.5th 51 (2017). Obtained reversal of a judgment that allowed damages to be calculated based on all homes in the jurisdictions built through 1980, and limiting it to homes buile pre-1951, a multi-million dollar reduction.

CRST, Inc. v. Superior Court, 11 Cal.App.5th 1255 (2017). Obtained a published decision in a case of first impression, holding that an employer’s admission of vicarious liability for its employee’s conduct did not bar evidence of the employer’s conduct for purposes of the employer’s separate punitive damages liability.

Veera v. Banana Republic, LLC, 6 Cal.App.5th 907 (2016). In consumer class action, obtained reversal of summary judgment against plaintiffs. Defendant retailer advertised 40-percent-off purchases when the sale applied only to some items. In reliance on the sale signs, customers were lured into the store, selected items for purchase at the advertised discount, and bought some of the items at full price, after learning at the register that the discount did not apply, suffering injury in fact.

Dalton v. Santander Consumer United States, Inc., 2016-NMSC-035 (2016). Obtained reversal of order denying Defendant lender’s request to compel arbitration, holding that carve outs of both parties’ small claims and non-judicial, self-help remedies from the arbitration agreement did not make the agreement unconscionable.

In re Marriage of Fajota, 230 Cal.App.4th 1487 (2014). Prevailed in a pro bono appeal of a child custody dispute. The opinion addressed significant and unresolved issues of first impression regarding child custody when one parent engages in domestic violence against the other and reversed custody award to father.

Romine v. Johnson Controls, Inc., 224 Cal.App.4th 990 (2014). Reversed judgment against engineering company that simply designed a product, because engineers are not subject to strict products liability.

Quarry v. Doe 1, 53 Cal.4th 945 (2012). Reversed Court of Appeal on matter of first impression and held statute of limitations precluded plaintiffs' claims.

Prevailed on appeal and obtained a Court of Appeal affirmance of the granting of a summary judgment motion in favor of a public university based on the plaintiffs' failure to comply with the Government Code deadlines for filing a lawsuit.

Obtained Court of Appeal reversal of judment for a personal injury plaintiff based on jury misconduct following a jury trial.

Obtained Court of Appeal's dismissal of a non-party's immediate appeal of the denial of a motion to quash a deposition subpoena with an award of sanctions.

Following the trial court's granting of a discovery motion due to the crime-fraud exception, the Court of Appeal denied a petition for writ of mandate, and the Supreme Court also denied the petition for review, but not before requesting that an answer be filed.

Dissolution judgment following marital settlement agreement had been set aside by the trial court for coercion; reversed by the Court of Appeal on substantial evidence with the dissolution judgment reinstated.

Obtained affirmance of a summary judgment motion granted in public university's favor in the Ninth Circuit on Fourth Amendment and state negligence case involving campus police.

Obtained affirmance of summary judgment in 9th Circuit where an employee of an independent contractor unsuccessfully claimed non-employers did not provide him with additional notice of adverse employment action under the federal Fair Credit Reporting Act.

After trial counsel obtained a $10 million judgment, drafted oppositions to motions for new trial and for JNOV, both of which were denied, preserving the plaintiffs' judgment.

Obtained complete set aside of multi-million dollar default judgment and reinstatement of the case on the active trial court docket.

Prevailed on appeal and obtained reversal of the trial court's order issuing an injunction preventing a homeless man from returning to a shelter, based on the language of the applicable statute.

Secured affirmance by the Eighth Circuit of judgments of dismissal of three plaintiffs’ medical device actions for failure to comply with multi-district litigation rules.

Retained sizable judgment for plaintiffs based on intentional infliction of emotional distress and defamation claims, following the issuance of terminating sanctions.

After client obtained a $6 million jury verdict, trial court granted a new trial, but the Court of Appeal reversed, ordering the client’s verdict reinstated in full.

After jury verdict in plaintiff’s favor in a partnership dispute, trial court granted the client’s JNOV on the punitive damages award and Court of Appeal affirmed.

Court of Appeal affirmed forum non conveniens dismissal on behalf of a foreign individual client.

Obtained affirmance of summary judgment in California Court of Appeal on behalf of a client against a claim that emails were sent in violation of California’s Anti-Spam Act.

Obtained affirmance of partial summary judgment on appeal in the Seventh Circuit on behalf of a client regarding a contractual licensing dispute.

Trial Consulting

Trial consulting services including reviewing daily trial transcripts for months-long trials, providing daily summaries before trial each morning, consulting on appellate issues, reviewing jury instructions and verdict forms, and drafting pocket briefs.
Consulted for three weeks on a products liability trial in Kern County, where I reviewed daily transcripts, provided summaries, and drafted various motions including a motion for directed verdict during the trial.
Consulted for two weeks on an employment/harassment trial in Los Angeles, where I reviewed daily transcripts, provided summaries, and drafted a successful nonsuit motion on several causes of action during the trial.
Consulted for two weeks on an asbestos trial in Torrance, where I reviewed daily transcripts, provided summaries and which resulted in a favorable settlement shortly before closing arguments.
Consulted for one week on an asbestos trial in Long Beach, which resulted in a favorable settlement soon after trial began.
Consulted for three weeks on a contractual dispute trial in Los Angeles, where I reviewed daily transcripts, provided summaries and which resulted in a settlement during the trial.