Business Litigation

A sampling of the types of litigation matters Mr. Augustini has handled includes:

Litigation Involving Fraud, Misappropriation, Breach of Fiduciary Duty, and Tortious Interference

Represented a family-owned printing business in a series of litigation matters brought by one family member against other family members who were then operating the company.  After substantial litigation, the matter was resolved favorably with the defendants buying out the plaintiff's interest in the company. 

• Hirt v. Primary Color Systems Corporation, Orange County Superior Court Case No. 30-2017-00940729-CU-WT-CJC.

• Hirt v. Hirt, Orange County Superior Court Case No. 30-2019-01046426-CU-NP-CXC

Successfully represented a company that purchases, renovates and resells residential properties in a lawsuit filed against it by 13 tenants of a property the client purchased in an “REO” transaction with a bank without any knowledge that the 13 Plaintiffs lived there.  The Plaintiffs – who were represented by a law firm dedicated to representing tenants against landlords and whose motto is “If the landlord wants a fight, we will give the landlord a fight” -- claimed the client had improperly permitted nuisance and/or substandard conditions to exist at the Property, had breached the implied warranty of habitability by failing to repair the property, had acted negligently towards them, and also claimed entitlement to nearly $150,000 in “relocation fees” due to alleged substandard conditions – conditions that had existed for more than a decade prior to the client’s ownership. After getting the relocation fee and nuisance claims dismissed (and the accompanying requests for punitive damages), the parties engaged in a two-week jury trial which included testimony from 19 witnesses (including experts) and the presentation of more than 100 exhibits.  On July 14, 2014, the jury returned a 12-0 defense verdict in favor of our client.  

• Palomino v. REME Holdings LLC, Los Angeles Superior Court Case No. BC 514814.

After prevailing in the Palomino litigation (see above), we then represented REME as the plaintiff in a fraud suit filed against the Bank that originally sold REME the Property for $194,500 in 2012, and the real estate broker/agent who represented the Bank in the sales transaction.  After engaging in extensive written discovery, deposing more than a dozen witnesses in California and Texas, countering an onslaught of discovery motions filed by the Bank, and after defeating the Bank’s summary judgment motion, the matter settled on the eve of trial with the defendants collectively paying REME $2.75 million in January 2016.  

• REME Holdings, LLC v. OneWest Bank, N.A. et al.,Los Angeles Superior Court Case No. BC 553323.
  

Successfully represented a doctor in a "business divorce" case against his former partners.  After defeating the defendant's cross-complaint claims via summary adjudication, we conducted a two-week jury trial in Orange County Superior Court that resulted in a nearly unanimous verdict in our favor totaling approximately $1.1 million, with the jury also finding the defendants had acted with malice (thereby setting up a Phase 2 punitive damages trial).  The case was resolved shortly after jury verdict via a 7-figure settlement payment wired to the client.  

• Baird v. Irvine Orthopedic Associates et al., Orange County Superior Court Case No. 30-2014-00749070-CU-BC-CJC

Successfully represented a home healthcare company in an arbitration proceeding in Arizona arising from a former Texas employee’s breach of contract, breach of fiduciary duty, theft of confidential business information for use in a competing business he formed and improper solicitation of the client’s patients and employees.  Following a multi-day arbitration, the arbitrator awarded the client approximately $275,000. 

• MGA Healthcare Texas, Inc. v. Maniccia, American Arbitration Association Case No. 01-15-0003-2026.  
  

Served as co-counsel representing a manufacturer of wire mesh and steel products in a multi-party action brought by the client against several defendants over the disposition by a senior secured creditor of nail manufacturing equipment in which the client also held a perfected secured interest.  The suit, in which the client asserted claims for violations of the California Commercial Code, fraud, conspiracy, conversion, tortious interference and unfair business practices, was resolved via a seven figure settlement payment to the client on the eve of trial.

• International Technical Coatings, Inc. v. WireTech, Inc. et al., Los Angeles Superior Court Case No. BC 445950.
  

Represented a real estate agent named as one of multiple defendants in two related federal actions brought by a mortgage lender and a Court-appointed Receiver in which the plaintiffs claimed the client and other defendants conspired with the masterminds of a scheme (both of whom were in federal prison) to commit large-scale mortgage fraud in the upscale West Los Angeles area.  After extensive and contentious pre-trial litigation, which required more than 30 days of depositions including depositions of federal prisoners, both matters were resolved on terms extremely favorable to the client.  

• RBC Mortgage Company v. Prudential California Realty et al, United States District Court Case No. CV03-2702 DDP (MLGx), and Pasternak v. Prudential California Realty et al., United States District Court Case No. SACV-05-00351 DDP (MLGx)
  

Successfully represented a high profile individual in connection with a state court appeal from a judgment rendered in his favor after a three week jury trial and subsequent bench trial relating to the commercial sale of civilian helicopters (Mr. Augustini also was on the defense team that represented the client at trial).  In connection with the appeal, the appellate court upheld the trial court’s pre-trial dismissal of all business tort claims, including fraud and breach of fiduciary duty claims against the client, and further upheld the trial court’s entry of judgment in favor of the client on his numerous cross-complaint claims.

• Schuster v. Hilton, Fourth App. Dist., Div. 1 Case No. D045249 & San Diego Superior Court Case No. GIN020343; 
  

Successfully represented an Orange County-based skincare company in the defense of a case brought in the Southern District of Florida for trade secret misappropriation, tortious interference, unfair business practices, and patent/trademark infringement.  Shortly after successfully moving to dismiss for lack of personal jurisdiction and improper venue in Florida, the matter was settled on favorable terms.  

• Vivant Pharmaceuticals v. Clinical Formula et al., United States District Court Case No. 10-CIV-21537 (S.D. Fla.); see also 2011 U.S. Dist. LEXIS 37343 (S.D. Fla. 2011) (dismissing/transferring action to CA due to lack of personal jurisdiction in Florida and improper venue)
  

Successfully represented an Orange County advertising agency in defending an action alleging that it engaged in trade secret misappropriation, tortious interference and conversion by implementing an advertising campaign that a pen company allegedly had stolen previously from the plaintiff.  After successfully demurring (with leave to amend), we took the deposition of the plaintiff who was forced to admit he had no facts to support any of the claims asserted against the client.  Shortly after the deposition and the filing of our second demurrer, the plaintiff dismissed the action against the client with prejudice, and without the payment of any money.  At trial, Plaintiff obtained a verdict against Pentel (which was not represented by Mr. Augustini) for more than $32 million.  

• Concept Chaser Co., Inc. v. Pentel of America et al., Los Angeles Superior Court Case No. BC 429108 

Represented a California company in a complex, multi-party, $100 million lawsuit alleging, among other things, breach of contract, conspiracy to defraud, trade secret misappropriation and B&P Code 17200 violations.  The case was resolved favorably after we filed several successful motions in limine to exclude certain evidence and arguments and for a legal interpretation of the underlying contract.  

• The Consulting Group, Inc. v. O’Neal et al., Orange County Superior Court Case No. 04CC12638 (Complex Panel)
  

Successfully represented an electrical services company in an action it brought against a former employee for breach of employment agreement, trade secret misappropriation, violations of B&P Code 17200, business slander and tortious interference.  The matter was settled after we obtained summary adjudication on most of the defendants’ cross-complaint claims, and the defendants’ summary judgment motion against the client was denied in its entirety.  

• Key Electric, Inc. v. Babakhani et al., Los Angeles Superior Court Case No. BC 051514
  

Represented numerous directors of a Newport Beach homeowners’ association against claims of breach of fiduciary duty and negligence brought by a group of adverse board members and homeowners (Mr. Augustini also has represented numerous homeowners in disputes with medium-large sized HOAs throughout Orange County, and also has represented numerous executives and board members in connection with corporate governance disputes).  Among other things, we successfully defeated the plaintiff’s efforts to invalidate the appointment to the homeowners’ board of one of the clients.

• Austin v. Pelican Crest Community Ass’n, Orange County Superior Court Case Nos. 04CC11137 & 05CC09109
  

Other Commercial/Business Litigation and Breach of Contract Cases​​

Currently defending (as co-counsel) a dispensary in an eminent domain action brought by the OCTA in connection with its ongoing 55 Freeway expansion project.

• Orange County Transit Authority v. Omar Deen et al., Orange County Superior Court Case No. 30-2021-01214128-CU-EI-CXC.  

Currently representing multiple clients in breach of note and tortious interference action.

• RJP Latchkey LLC v. Latchkey Pioneers LLC, Fresno County Superior Court Case No. 22CECG03368.

Defended a small tech company in a contractual indemnity action.  After we filed a Motion for Summary Judgment and conducted some discovery, the action was settled while the MSJ was still pending on terms favorable to the client.

• Colaco v. Liberty Insurance Underwriters Inc. et al., Orange County Superior Court Case No. 30-2022-01244379.  

Represented a face mask manufacturer in commercial dispute over the purchaser's failure to pay for masks it purchased.  We obtained a pre-judgment writ of attachment against the purchaser on October 26, 2021.   And after it granted our motion for terminating sanctions, the Court on July 25, 2023 entered judgment in favor of our client for $3,499,197.51.   

• Nano Filter, Inc. v. Optec International Inc., San Diego Superior Court Case No. 37-2021-00019981-CU-BC-NC.

Successfully represented a tenant in a commercial lease dispute where the landlord improperly retained a security deposit and advanced rental payments totaling $108,000 from the tenant after the lease under its own terms was rendered null and void.  We successfully obtained summary judgment against the landlord for the full amount of the unreturned deposit payments, and collected $170,000 from the landlord on the judgment.  

• EEL Holdings v. Gomez, Los Angeles Superior Court Case No. TC029028 (2018).​

Acted as co-counsel for a commercial hotel in a federal lawsuit filed against the City of Los Angeles over a determination by the City that the hotel was a “residential hotel” under certain restrictive city ordinances, which potentially prevented its ability to function as a commercial hotel.  After extensive litigation and several administrative hearings, the matter was settled and the case was dismissed.

• 640 South Main Street Partners, LLC v. City of Los Angeles, U.S. District Court Case No. CV08-03611 DDP (C.D. Cal.)

Represented a large energy company in various commercial and contractual disputes in state and federal court litigation in California, Illinois, and Nevada, including a contractual dispute where plaintiffs sought damages of over $1 billion.

Represented a national pharmaceutical/medical device manufacturer in state court litigation arising from claims of breach of contract for failure to pay proper royalties on patented device designs;

Represented multiple plaintiffs and defendants in actions for breach of employment agreements, theft of trade secrets, unfair competition (17200), tortious interference and injunctive relief;

Represented retail franchisees in breach of contract actions brought by franchisors;

Represented numerous tenants in disputes with commercial landlords; and

Represented board members and executives in corporate governance disputes in both small (start-up) and mid-sized companies.