Cappello & Noël Home

Partial List of Trial Wins and Settlements

Core Wealth Management v. Ronald Heller, et al

Verdict: $41.7 million jury verdict. Core Wealth managed high yield debt instruments for high net worth individuals and institutions. After a seven-week trial, the jury returned a verdict in favor of Core Wealth, and found that former employees and others had breached their fiduciary duty, misappropriated trade secrets, breached employee contracts and undertaken other misconduct.

Lumbermens Mutual Casualty Company
Settlement:  Insurance carriers denied coverage on an errors and omissions policy.  Cappello & Noël reached a settlement with the carrier and an insurance broker who had obtained the insurance for Plaintiff.

Lazy Acres Market v. Western Heritage Insurance Company
Settlement:  Insurance carrier refused to pay for insureds counsel of choice to defend a wrongful detention claim brought by an accused shoplifter.  Suit sought to recover attorneys fees incurred in defense of underlying action and for bad faith denial of a defense.  The suit also included claims under an indemnity agreement with the company that provided security services at the supermarket.

Kakei v. Pozzato
Settlement:  Claim brought by long-time domestic partner to recover fair compensation for services during 10-year relationship and for breach of contract arising from real estate development. The suit was settled for a confidential amount.

Caso v. McKean
Settlement:  Construction defect action involving drainage and geotechnical issues.  This case settled after Plaintiff's experts conducted destructive testing and published their defect report and estimated cost of repair.

Impossible v. Bargain Network
Settlement:  Impossible is a computer consulting company which was financially damaged when Defendant solicited and hired a key employee.  The Defendant had signed a written agreement promising not to solicit employees from Impossible. 

Russomanno v. Valencia Entertainment, et al.
Settlement:  Plaintiff brought this case to enforce a judgment in a case involving infringement of intellectual property rights.

Santa Barbara Villas, LP v. St. Paul Travelers and American States (Safeco)
Settlement:  St. Paul/Travelers improperly refused to defend its insured in a construction defect action paid $3 million to settle claims against it. American States Insurance Company in a separate action filed in Los Angeles County paid $1 million to resolve claims pending against it brought by Santa Barbara Villas.

Laurence O'Connor, et al vs. Boeing N.A., Inc. et al.
Confidential Settlement: Settled an 8 1/2-year case against Boeing regarding toxic air contamination in the neighborhoods adjacent to Boeing facilities near Simi Valley and in the San Fernando Valley -- both suburbs of Los Angeles.

AllStar Inns, Inc. and Motel 6
Settlement: Negotiated a $246 million asset buyout settlement by Motel 6 of the 71-motel chain, AllStar Inns, Inc.

In re Airline Travel Agency Commission Antitrust Litigation (co-counsel)
Settlement: $86 million class action settlement involving alleged conspiracy among five major airlines to fix commissions paid to travel agencies.


American Aviation Industries v. General Electric Capital Corporation
Verdict:
$70.8 million award to an aircraft manufacturer in a complex lender liability dispute.

 

 

Diane Russomanno and Knowledge Booster, Inc. v. Gianni Russo, Time Travelers Limited Partnership, et al.
Verdict: $54.2 million intellectual property jury award.

 


Jewell v. Bank of America
Verdict:
$37.5 million award, which was at the time the largest lender liability verdict in the nation.

 


Nabil Darghous v. Johnson Controls
Verdict: $23.3 million jury verdict in a wrongful and retaliatory employee termination, breach of contract and slander case. The verdict was one of the top 10 verdicts of the year in California.

 


El Escorial v. Investec et al
Verdict & Settlements: $14.5 million in verdicts and settlements in a major toxic mold/construction defect case involving 261 condominium units.

 


Barela, et al. v. Ralphs Grocery Company, et al. (co-counsel)
Settlement: $13.8 million class action case involving an alleged agreement among five major grocery chains to fix and maintain retail prices of milk sold in Southern California

 


In re AST Research Securities Litigation (co-counsel)
Settlement: $12.5 million settlement in a class action case arising out of the defendants' alleged securities fraud.

 


Contempo Office Furniture v. Union Bank
Verdict:
$12.5 million jury award to a furniture maker in a lender liability dispute.

 


Major Los Angeles Real Estate Investment Company v. Major National Lender
Settlement:
$11.5 million settlement in a lender liability matter involving wrongful foreclosure of an office tower.

 


In re Paradise Memorial Park Litigation (co-counsel)
Settlement: $8 million settlement in a consolidated class action case arising out of the mishandling of decedents remains and the recycling of graves at a Los Angeles area cemetery.

 


Waterworld Resorts, Inc. v. Larry Gold, Bear State Mortgage Company
Verdict: $7.6 million lender liability verdict against a mortgage loan broker and its affiliated lender.

 


Lumberman's Mortgage v. Union Bank
Verdict: Two financial companies received $7.5 million in a lender liability case.

 


Developer v. Major Insurance Company Lender
Settlement:
$7.5 million lender liability settlement involving a dispute over a hotel foreclosure.

 


In re Advanta National Bank Credit Card Terms Litigation (co-counsel)
Settlement: $7.5 million settlement in a multi-district class action arising out of the defendant's failure to honor the fixed rate of interest charged on balance transfers.

 


Star Telecom v. PacBell
Verdict: $4.6 million jury verdict in a breach of contract trial.

 


Cut'n Ready v. Bank of California
Verdict: $4.5 million jury verdict on behalf of a food processing company.



Milano, et al. v. Circon Corporation, et al. (co-counsel)
Settlement: $4 million class action settlement concerning securities fraud.



Large Indio County Farm Operator v. Major Law firm
Verdict: $3.49 million jury verdict in a legal malpractice case.



O'Connor, et al. v. Blue Cross of California, et al.
Settlement: $3 million agreement was reached in a class action case in which the defendants allegedly failed to extend to their existing policy holders a 20% discount in premiums which was being offered to new customers for the same insurance benefits.



Deckers Outdoor Corporation and former Ugg Holdings, Inc. shareholders
Settlement:
$2.6 million settlement between Deckers and former shareholders of Ugg over the amount of money the shareholders should receive after Deckers bought Ugg Holdings.



Palimony Matter
Settlement: Represented business partner/significant other in $2 million settlement.



Nationally Recognized Real Estate Consultant v. Major Accounting Firm
Verdict: $1.5 million jury award in a breach of fiduciary duty, breach of the covenant of good faith and contract breach case.



Delta Entertainment Corporation v. The Harry Fox Agency
Settlement:
Settlement between Delta Entertainment Corporation, an international independent music and video company, and licensing agent The Harry Fox Agency (HFA) in a multi-million-dollar payment dispute.



Courtney Love et. al v. Universal Music Group (UMG) et. al
Settlement: Settlement included UMG waiving all rights to future recordings from Courtney Love and Love granting UMG permission to release new recording packages, including a compilation album with a never-before-released track, from her late husband Kurt Cobain's band, Nirvana.



Homeowners Association v. Land Company
Settlement: Represented 45 families in litigation involving a land lease. Matter settled with homeowners purchasing oceanfront land from lessor.