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Our Cases

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Sample of Successful Representation:

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The attorneys at Shumener, Odson & Oh LLP have been at the forefront of litigating complex and novel issues that have resulted in law being made and success for their clients.  Below is a sample of the attorneys’ published decisions and successful results for their clients:

 

Complex Litigation:

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  • Represented owner of a 1.5 million square foot office complex in a $220 million breach of contract and fraud action spanning nine complaints litigated in state, federal and bankruptcy courts, as well as the Ninth Circuit Court of Appeal, and prevailing at each stage of the proceedings, which resulted in a favorable settlement.

  • Represented majority owners and prevailed in an arbitration regarding a joint venture dispute with a minority partner over a $1 billion residential development located in the heart of Los Angeles, California.

  • Represented purchaser in a dispute with the seller over the acquisition of a $100 million loan portfolio, which resulted in a favorable settlement.

 

Real Property Purchase and Sale Litigation:

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  • Represented seller against a national residential developer through two bench trials and appeals – prevailing at all phases – and resulting in a mandatory injunction ordering the transfer of 700 acres of land worth $119 million, award of over $21 million in damages, attorneys’ fees and costs.

  • Represented owner in litigation against a neighbor for damages to the client’s property caused by shoring and excavation on the adjacent property, resulting in a favorable settlement for the client.

  • Represented a tenant in common in an action for partition of a beachfront property in Orange County in which the other tenant in common claimed that his interest in the beachfront property was more than $6 million. Following a one-week arbitration, the Arbitrator ruled that value of the other tenant in common’s interest was $2.3 million, approximately the amount we had argued.

 

Commercial Landlord / Tenant Litigation:

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  • Represented landlord in extremely contentious litigation against guarantor of a lease. The Court granted summary judgment in favor of the client and awarded full amount of the guarantee and more than $1 million in attorneys’ fees to the client.

  • Represented a tenant in common in an action for partition of a beachfront property in Orange County in which the other tenant in common claimed that his interest in the beachfront property was more than $6 million. Following a one-week arbitration, the Arbitrator ruled that value of the other tenant in common’s interest was $2.3 million, approximately the amount we had argued.

 

Lender Litigation:

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  • Represented lender against a borrower in over $70 million in loans secured by residential projects in five states across the United States including, California, Tennessee, New Mexico, Arizona and Nevada. As a result of the litigation, our client obtained title to all five projects.

  • Representation of a national lender in its enforcement of remedies under a defaulted loan secured by commercial properties located in California, Texas and Georgia, including receivership and foreclosure proceedings, resulting in the ultimate sale of the real property collateral.

  • Representation of a financial partner/mezzanine lender of a $100 million resort with respect to enforcement of its remedies under the operative partnership and loan agreements resulting in the removal of the operating partners, acquisition of control of the underlying real property and operating entity, and the ultimate workout of the project.

  • Represented lender in a dispute with borrower involving $97 million in loans secured by office buildings within the Long Beach Airport Business Park which resulted in a successful settlement.

 

Creditor’s Rights Litigation:

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  • Represented lender in a three week jury trial against guarantor in Orange County Superior Court resulting in verdict in an amount exceeding $9.1 million.

  • Represented lender in a breach of guarantee and fraudulent conveyance action prevailing on summary judgment, obtaining a judgment exceeding $14 million, eliminating over $6 million in fraudulent conveyances and preserving the judgment through all stages of appeals.

  • Represented lender in a $350 million dispute against one of its largest borrowers. The action was brought in federal court, as the 26 apartment complexes securing the loans were located in six states across the United States and were owned and operated by 26 separate entities. After having effectively obtained a temporary restraining order against the borrowers, we settled the matter for an amount so great as to cause newspaper articles to be written about the incredible financial success obtained by those who had purchased loan portfolios from the RTC.

 

Class Action Defense:

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  • Represented a REIT in the defense of a class action. After the class representatives successfully moved to certify the class, we were substituted in as new counsel for the REIT. We successfully moved for partial summary judgment and settled the matter on favorable terms for the client, which was mostly funded by the client’s insurer after we successfully defeated the insurer’s motion for summary judgment.

  • Represented bank in the defense of a class action and conditionally settled the matter subject to court approval.

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