Recent Events
June 2010
Thomas B. Cummings successfully tried to judgment a case involving fraud, breach of fiduciary duty, and breach of contract. Our client, a real estate investor, sued the defendant for failing to return investment monies following the failure of a potential development project. The defendant, a real estate developer, made misrepresentations regarding the status of the project, and refused to return our clients' investment. Our clients prevailed at trial, receiving a judgment for $100,000, plus $5,000 in punitive damages. Hopkins v. Guerrero, et al., Los Angeles Superior Court.
April 2010
Audrey L. Myer wrote a "friend of the court" or "Amicus" brief on behalf of the Apartment Association of Orange County. The plaintiff tenant alleged her landlord's refusal to accept her Section 8 voucher constituted discrimination on the basis of disability. The Court of Appeal found there was no discrimination and that landlords are not required to participate in the Section 8 program, which provides housing assistance to tenants.
See Sabi v. Sterling (2010) 183 Cal.App.4th 916.
May 2010
Audrey L. Myer was successful in preventing a preliminary injunction entered against a client who had purchased a property at auction. Plaintiffs were in default on their mortgage, and once the mortgage company sold their property to our client, Plaintiffs sued to stop the sale. Our client prevailed in the lawsuit Ð our client was a bona fide purchaser, according to the court's order. Once the preliminary injunction was denied to Plaintiffs, Plaintiffs voluntarily dismissed the case. Murnane v. Aurora Loan Services LLC, et al., Los Angeles Superior Court.
February 2010
Thomas B. Cummings was successful at trial, securing for a landlord of unpaid rent of $210,014 from tenants and attorneys' fees of almost $80,000. Our client filed a lawsuit against a tenant who defaulted on a lease, leaving the premises before the term expired. Defendants claimed it was the responsibility of the landlord to secure the certificate of occupancy, while our client's position was that this tenant and all tenants at this location, were responsible for securing their own certificates of occupancy. Judgment was entered in favor of our clients in the amount of $299, 254. Defendants have appealed. Sparks Property Investments LLC v. Mission Career College, LLC, et al., Riverside Superior Court.
2009
Joseph D. McNeil Civility Award
Thomas B. Cummings is the recipient of the 2009 Joseph D. McNeil Civility Award of the Orange County Chapter of the American Board of Trial Advocates.
The award is given to the member whose integrity, civility and professionalism inspires trust among counsel and clients and promotes respect for the profession.