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Case Results - Foldenauer Law Group

In the following cases, Foldenauer Law Group and/or attorney Sean M. Foldenauer at his predecessor firm obtained the following results on behalf of their clients:

BUSINESS LITIGATION CASES

Case: Investor Fraud / Breach of Contract

Result: $4.5 Million Judgment for Client.

Description: Represented plaintiff, a San Diego real estate investor, and successfully prosecuted his case for breach of contract and fraud against his former business partners, obtaining a $4.5 Million Court ordered judgment.

Case: Securities Fraud / Legal Malpractice (Prudential Securities Fraud Case)

Result: Obtained $223 Million Jury Verdict after 6 week trial. Reported as largest single-plaintiff jury verdict in California history.

Description: During the 1980s and 1990s, Prudential Securities, Inc. was investigated by the Securities and Exchange Commission (SEC) for suspected fraud. It was found that Prudential had defrauded investors out of close to $8 billion, the largest fraud found by the SEC in U.S. history to that point. Attorney Foldenauer handled pre-trial litigation matters, law & motion practice, and civil discovery on the team that represented the Plaintiff – a Prudential Securities broker induced into transferring his clients’ investments into worthless limited partnerships. After over two years of hard fought litigation and a six-week trial, the jury awarded Plaintiff $223 Million in compensatory and punitive damages. The verdict was then reported as the largest single-plaintiff jury verdict in California history. It was subsequently reduced, appealed, and later settled in a confidential amount.

Case: Home Owner v. General Contractor – Breach of Contract / Negligence

Result: Six-Figure Judgment at After Trial

Description: Successfully prosecuted a licensed California building contractor in California Superior Court on behalf of senior couple with claims of breach of residential building contract, misrepresentation, conversion and negligence. Mid six-figure judgment obtained after contentious 3 week trial. Noteworthy – Court awarded entire amount of damages sought plus all attorney’s fees and costs incurred from commencement of litigation through trial. After losing, the Defendant sought to discharge his debt in Bankruptcy Court but our firm protected the judgment through successful prosecution in the United States Bankruptcy Court, and obtained a Final Order of Non-Dischargeability.

Case: Business Seller v. Business Buyer – Breach of Contract / Fraud

Result: Obtained six-figure settlement on cross-complaint against Plaintiff.
Description: Buyer (Defendant/Cross-Complainant) purchased small business from Seller (Plaintiff/Cross-Defendant) based upon financial statements provided to Buyer by Seller. Business failed and Seller filed suit against Buyer for money owing under purchase agreement. Law firm conducted full discovery establishing that Seller had falsified financial statements. Seller paid Buyer six-figure settlement on Buyer’s cross-complaint to avoid jury trial.

Case: LLC Membership Dispute – Breach of Fiduciary Duty / Breach of Contract / Unfair Competition / Involuntary Dissolution

Result: Substantial six-figure settlement obtained prior to trial.
Description: Represented Plaintiff, a founding member of successful San Diego-based “Information Technology” company, who had been ousted and frozen out of profits. Prosecuted civil action under various California Corporations Code sections resulting in substantial six-figure settlement and buyout, without trial.

Case: LLC Membership Dispute – Breach of Fiduciary Duty / Breach of Contract / Unfair Competition / Involuntary Dissolution

Result: Substantial six-figure settlement obtained prior to trial.
Description: Represented Plaintiff, a founding member of successful San Diego-based “Information Technology” company, who had been ousted and frozen out of profits. Prosecuted civil action under various California Corporations Code sections resulting in substantial six-figure settlement and buyout, without trial.

Case: LLC Membership and Partnership Dispute – Breach of Fiduciary Duty / Breach of Contract

Result: Favorable 12 – 0 Jury Verdict after 31/2 week jury trial.
Description: Successfully defended local San Diego residential building developers named in “bet the company” partnership/limited liability company dispute — defending against claims of fraud, conversion, breach of contract, breach of fiduciary duties, securities and RICO violations. Jury returned unanimous 12 – 0 verdicts on all counts against our clients. Foldenauer was co-lead trial counsel.

Case: Partnership Dispute – Breach of Contract / Breach of Fiduciary Duty / Securities Fraud / RICO

Result: Successful defense of case resulting in nuisance value settlement.
Description: Plaintiff claimed several San Diego residential building developers breached partnership agreements and fiduciary duties causing Plaintiff $450K in damages. Foldenauer successfully defended the claims of fraud, conversion, breach of contract, breach of fiduciary duties, securities and RICO violations and obtained a “nuisance value” settlement for clients prior to trial.

Case: Breach of Contract

Result: Case dismissed before trial.
Description: Successfully defended professional mixed martial artist (UFC cage fighter) in breach of contract action brought by former business manager. Settlement before trial with no consideration paid to Plaintiff.

Case: LLC Membership Dispute – Breach of Contract / Breach of Fiduciary Duty / Fraud

Result: Successful defense of case resulting in nuisance value settlement.
Description: In this classic freeze-out case, FOLDENAUER LAW GROUP represented Defendant and Counter-Claimant in an LLC Member dispute. The parties owned an import and distribution company. The Plaintiff sued for breach of fiduciary duty, fraud, and breach of contract claiming $4,000,000 in damages. Defendant counter-sued for breach of fiduciary duty, fraud, and breach of contract. FOLDENAUER LAW GROUP successfully obtained a nuisance value settlement.

Case: Insurance Company v. Business – Breach of Contract

Result: Successful defense of case resulting in a discounted settlement amount.
Description: FOLDENAUER LAW GROUP represented Defendant and Counter-Claimant against Liberty Mutual Group insurance company who sued the local business for breach of an insurance contract. The business counter-claimed for breach of contract and negligence. FOLDENAUER LAW GROUP successfully obtained a discounted settlement.

Case: LLC Membership Dispute – Breach of Contract / Breach of Fiduciary Duty / Fraud

Result: Successful confidential settlement.
Description: FOLDENAUER LAW GROUP represented Plaintiff, the owner of a medical billing company, against a former member of the LLC. After a buy-out of the 50% membership of the Defendant on terms, the Defendant allegedly breached the non-compete clause of the buy-out agreement and Plaintiff stopped payment on the buy-out agreement. The case successfully settled in a confidential settlement agreement before trial.

Case: Business Buyer v. Business Seller – Breach of Contract / Fraud

Result: Successfully settled before filing of lawsuit.
Description: Represented purchaser of local printing business in rescission of contract based on misrepresentation and concealment of the company’s financials and past business.

Case: Business Buyer v. Business Seller – Breach of Contract

Result: Successfully obtained $1.27 Million judgment after trial that was later turned into a walk-away judgment on post-trial motions.
Description: In a dispute over the 4th & B Nightclub, FOLDENAUER LAW GROUP represented the Seller of the business at trial. The Buyers had sued the Seller for approximately $2.6 Million claiming breach of contract. The Seller counter-sued for breach of contract and judicial foreclosure on promissory notes.

Case: Partnership Dispute / Breach of Contract / Fraud

Result: Successful settlement.
Description: Represented Defendant and Counter-Claimant in a business partnership dispute and breach of contract claim.

Case: Securities Fraud / Legal Malpractice (Prudential Securities Fraud Case)

Result: Obtained $223 Million Jury Verdict after 6 week trial. Reported as largest single-plaintiff jury verdict in California history.

Description: During the 1980s and 1990s, Prudential Securities, Inc. was investigated by the Securities and Exchange Commission (SEC) for suspected fraud. It was found that Prudential had defrauded investors out of close to $8 billion, the largest fraud found by the SEC in U.S. history to that point. Attorney Foldenauer handled pre-trial litigation matters, law & motion practice, and civil discovery on the team that represented the Plaintiff – a Prudential Securities broker induced into transferring his clients’ investments into worthless limited partnerships. After over two years of hard fought litigation and a six-week trial, the jury awarded Plaintiff $223 Million in compensatory and punitive damages. The verdict was then reported as the largest single-plaintiff jury verdict in California history. It was subsequently reduced, appealed, and later settled in a confidential amount.

PERSONAL INJURY CASES

Case: Cheng v. Quintanilla et al. Negligence / Vicarious Liability

Result: $1,546,618.27 Jury Verdict After Three Week Trial.

Description: Represented plaintiff, Kai-Yen Cheng, a San Diego State University foreign exchange student from Taiwan. Cheng was riding a skateboard near campus when he was struck from behind by a vehicle driven by defendant, Vincent Quintanilla. Just prior to the crash, Quintanilla consumed alcohol at his place  of employment, On The Border Restaurant. Cheng claimed that On The Border was negligent and responsible for Cheng’s injuries because Quintanilla was acting within the “course and scope” of his employment when he consumed the alcohol. Plaintiff also claimed that the collision was a foreseeable consequence of that negligence. On the Border Restaurant denied liability for the crash and denied that Quintanilla was within the course and scope of his employment at the time he drank alcohol at On The Border. On the Border made a$15,000 settlement offer on the eve of trial. After a three week trial, the jury awarded plaintiff $1,546,618.27. Plaintiff was also entitled to his costs and expert fees of over $150,000.

Case: Helicopter Accident

Result: $55 Million Dollar Jury Verdict for the families of four Marines killed in a helicopter collision.
Description: On Jan. 22, 2004, a U.S. Marine helicopter collided with a 135-foot-high utility tower during night training exercises at Camp Pendleton, killing four Marines. Foldenauer’s predecessor law firm, (Frantz, Townsend & Foldenauer LLP) along with co-counsel (Macaluso & Associates) represented several surviving family members in an action against San Diego Gas & Electric (SDG&E). Foldenauer handled pre-trial litigation and trial preparation. SDG&E denied liability for the crash. A four-week jury trial resulted in a compensatory damage verdict of $15.5 Million and a punitive damage verdict of $41.4 Million.

Case: Burn Accident

Result: Obtained Six-figure settlement before trial.
Description: Represented client who was severely burned by an industrial tunnel cage washer used for research in an action for negligence against the Maintenance Company and design defect and product liability against the Manufacturer.

Case: Park v. Cytodyne Technologies, Inc.

Result: $18 Million Verdict: Reported as largest San Diego verdict against drug manufacturer.
Description: Foldenauer, while a partner at his predecessor law firm (Frantz, Townsend & Foldenauer LLP) along with co-counsel firms, (Post, Kirby, Noonan & Sweat; Macaluso & Associates; Keegan & Baker) successfully represented a class of Plaintiffs against the manufacturer of an ephedra-based diet pill, Xenadrine RFA-1, for false and deceptive advertising.

Case: Reinoza v. Syntrax Innovations, Inc. et al.

Result: $1.58 Million Settlement.
Description: Foldenauer, with his predecessor law firm (Frantz, Townsend & Foldenauer LLP) and co-counsel (Keegan & Baker), successfully represented a class of Plaintiffs against the manufacturer of a dietary supplement, Triax Metabolic Accelerator, for false and misleading advertising.

Case: Medical Negligence  

Result:  Substantial settlement obtained before trial

Description: Represented plaintiff, who sustained pneumothorax (collapsed lung) and other complications after a chiropractor, unlicensed to perform acupuncture, punctured her lung with a needle.

Case: Pedersen v. Ford Motor Company

Result: Obtained a settlement of a cash award or reimbursement under a Radiator Claim.
Description: Foldenauer, while at his predecessor law firm (Frantz, Townsend & Foldenauer LLP) successfully represented a class of persons who purchased/leased specified Ford F-150 trucks with towing packages that were later discovered not to be equipped as represented.

Case: Negligence/ Premises Liability

Result: Substantial settlement before trial.

Description: Plaintiff was an invited guest at an employer sponsored party and assaulted by an intoxicated employee. He sustained serious knee injuries requiring two surgical procedures.

Case:  Injury to Minor Child/ Auto Accident

Result: Substantial Court approved minor’s compromise settlement before trial.

Description: Represented a 12 year old minor child that sustained facial injuries after being thrown from the exterior of a moving car by a negligent driver in San Diego, California. Our client was sitting on the trunk of a car playing with her friends when the driver recklessly drove down a steep hill knowing children were still on the vehicle. When the driver intentionally came to an abrupt stop, our client was thrown from the vehicle landing on her face and cracking her teeth in half. She sustained scaring to her face and required dental implants.

Case: Health Care Negligence

Result: Substantial settlement.
Description: Represented family of elderly woman whose foot was amputated after becoming gangrenous while being cared for at a senior nursing facility.

Case: Auto Accident

Result: Six-figure policy limits settlement before trial.

Description:  The law firm represented a restrained driver of an Acura Intrigue sedan who was involved in a high speed car crash in Escondido, California when another driver made an improper turn. The car accident caused multiple injuries, including a fractured sternum.

 

Case: Pedestrian Injury

Result: Policy limits settlement before trial.

Description:  The law firm represented a pedestrian crossing within a marked crosswalk at the San Diego International Airport that was hit by a driver who ran a stop sign. The accident caused multiple injuries to our client including a broken tibia.

Case: Brain Injury/ Slip & Fall Accident / Premises Liability

Result: Six-figure settlement before trial.

Description: The law firm represented a woman who suffered a mild traumatic brain injury when she fell backwards from a crowded “banquette” (raised bed) over a calf-high hand-railing and hit her head on the concrete floor of a Hollywood nightclub. Foldenauer Law Group sued the nightclub, its owners, the architect, designer, and contractor for creating a dangerous condition on the premises due to hand rails that were not build to code and slippery banquettes that the nightclub encouraged customers to stand on. The case settled before trial.

Case: Slip & Fall Accident / Premises Liability

Result: Six-figure settlement before trial.

Description: The law firm represented a client who slipped down a tile stairway while an invited guest at Defendant’s San Diego, California home and broke his right leg. The leg injury required open reduction internal fixation surgery (plates and screws). The law firm sued the homeowner because the stairway was poorly constructed and built without a handrail.

Case: Auto Accident

Result:  Settled for policy limits before trial.

Description: Client suffered neck and back injuries when she was “T-Boned” by a drunk driver who ran a red light and caused the car crash in the Mission Valley area of San Diego.

Case: Auto Accident

Result:  Settled for policy limits before trial.

Description:  Client was driving a BMW 328i in Escondido, California when another car crashed into him from behind. The client suffered multiple neck and back injuries that required spinal fusion surgery.

Case: Auto Accident

Result: Six-figure policy limits settlement before trial.

Description:  Client was driving on Friars Road in San Diego, California when another vehicle made an improper lane change and forced his vehicle into a concrete barrier. The client suffered multiple neck injuries, back injuries, and a torn labrum in the shoulder requiring two surgical procedures.

Case: Auto Accident  

Result: Settled for the financial responsibility maximum pursuant to California Vehicle Code section 17151.

Description: Represented three individuals who were injured when their SUV was run into by an uninsured rental car driver at an intersection in Pacific Beach, San Diego.

Case: Bar Fight / Premises Liability

Result: Settled for policy limits before trial.

Description: Represented client who met friends and family after work at a sports bar in Escondido, California. A drunk “regular” confused our client with someone else and without provocation head-butted him breaking his nose. Foldenauer Law Group represented the client against the sports bar for failing to take adequate steps to protect its customers.

Case: Auto Accident

Result: Settled for policy limits before trial.

Description: Represented two adults and three minor children who were driving in an Audi A6 when they were involved in a high speed six-car pile-up in El Cajon, California that caused multiple injuries and major property damage.

Case: Burn Injury

Result: Substantial settlement before trial.

Description: Represented client who sustained second degree burns after an airport barista spilled scalding coffee on her legs resulting in permanent scarring and psychological trauma.

Case: Eye/Head Trauma/ Injury to Minor Child/ Premises Liability

Result: Substantial Court approved minor’s compromise settlement before trial.

Description: Represented a three year old minor child that sustained injuries during a pony ride at a farm center fair in Woodland Hills, California. Prior to the ride, the pony’s saddle was improperly secured by the operator causing it to come loose and entangle the child. As the pony violently jerked and kicked in an attempt to break free, it brutally kicked the fallen child in the face injuring his left eye and causing head trauma.

Case: Brain Injury/ Auto Accident

Result: Settled for policy limits before trial.

Description: Represented client who our client suffered a mild traumatic brain injury (brain bleed) as well as soft tissue and other injuries in a broad side auto accident in El Cajon, California.

Case: Auto Accident

Result: Settled for policy limits before trial.

Description: Client was driving a vintage 1967 Alfa Romeo when she was rear- ended at an intersection in Santa Rosa County, California that caused her multiple injuries to her neck, back, hand, and foot.

Case: Auto Accident

Result: Settled for policy limits before trial.

Description: Client’s vehicle was rear-ended as she slowed for stalled traffic on Interstate 5 in San Diego, California.

Case: Auto Accident

Result: Settled for policy limits before trial.

Description: Represented client who sustained multiple soft tissue and spinal injuries in a rear end car crash.

SET UP YOUR CONSULTATION

If you are in need of a top-rated trial attorney, please contact us today at (619) 564-8877 to schedule a free in-person consultation. We will listen to all of your questions and concerns, and we will assist you in developing a winning case strategy. We also welcome case referrals and inquiries for co-counsel, local counsel, and consulting from other law firms in California and nationwide.


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