Consistent, exceptional results.​

Business Disputes

Case: Lender Ponzi Scheme

Result: $9.9 Million Judgment in Client’s Favor (plus $1.25 Million in Cash Settlements)

This case was referred by a local transactional business attorney. In it, a San Diego real estate developer entered a written contract for the purchase of a Rancho Santa Fe horse ranch, requiring a large earnest money deposit. The developer intended to fund the purchase with a real estate loan it obtained from Los Angeles loan brokers, which were purportedly backed by a National Bank. When the loan failed to fund, the Sellers sued our client for breach of the real estate sale agreement. Our client then sued the loan brokers, the bank, and a specific bank employee/insider for fraud, negligence, RICO violations, and other business torts. This was a document intensive case requiring many hours of document review, numerous bank subpoenas, witness depositions, and use of experts. The result was a $9.9 Million judgment for our client, along with over $1,250,000 in cash settlements. The court also awarded our client their litigation costs.

Case: Investor Fraud / Breach of Contract

Result: $4.5 Million Judgment for Client.

This case was referred by a local business and entertainment attorney. Our client was a San Diego realtor that had just come into money from a family inheritance. He was offered a too-good-to-be-true investment in a small gas station chain. The investor’s money quickly evaporated while his “business partners” vacationed on a sailboat in Mexico. We took immediate action suing for breach of contract and fraud. We used the court’s prejudgment writ of execution powers to locate and claw back money and other assets, and ultimately recovered a $4.5 Million Court ordered judgment in San Diego Superior Court.

Case: Stockbroker Falls Victim to Nationwide Ponzi Scheme

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

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

Case: Solar Energy Company Sued by Dissatisfied Investor

Result: Confidential Nuisance Value Settlement Agreement

In this case, we represented a local solar energy company that was sued in Federal Court by a disgruntled investor who lost money when the company failed to produce. Foldenauer Law Group successfully defended multiple defendant businesses and business owners against claims of securities fraud, conversion, breach of contract, breach of fiduciary duties, and RICO violations concerning Plaintiff’s alleged investments. The court granted several defense motions to dismiss at the pleading stage under Federal Rule 12(b)(6) which resulted in a nuisance value settlement.

Case: Senior Couple Swindled by Building Contractor

Result: Six-Figure Judgment After Three-Week Trial

This case was referred to us by a San Diego business transactional attorney. A senior couple had saved for retirement with the hope of one day building their dream home in North County, San Diego. The couple hired a licensed California building contractor but fell victim to fraud when the contractor made off with large advances and unearned fees. We were honored to take on this case and immediately filed suit in San Diego Superior Court making claims of breach of residential building contract, misrepresentation, concealment, conversion, and negligence. A six-figure judgment was obtained after a contentious 3-week trial. The court awarded the entire dollar amount requested at trial, plus all attorney’s fees and costs incurred in prosecuting the action. After losing, the Defendant sought to discharge his debt in Bankruptcy Court. We protected our clients’ judgment through successful prosecution in the United States Bankruptcy Court, and obtained a Final Order of Non-Dischargeability.

Case: Seller of a Video Production Company Sues Buyer – Breach of Contract / Fraud

Result: Obtained six-figure settlement on cross-complaint against Plaintiff.

Buyer (Defendant/Cross-Complainant) purchased from Seller (Plaintiff/Cross-Defendant) a small video production company located in the Little Italy areas of San Diego. The purchase price was determined by financial statements provided to Buyer by Seller. The business failed immediately and Seller sued the Buyer for money still owing under purchase agreement. Foldenauer Law Group was retained by the Buyer. We conducted full discovery which disclosed that the Seller had falsified financial statements. Seller wound up paying the Buyer a six-figure settlement on Buyer’s cross-complaint to avoid jury trial.

Case: Freeze Out of Founding Member of Information Technology Company – LLC Membership Dispute – Breach of Fiduciary Duty / Breach of Contract / Unfair Competition / Involuntary Dissolution

Result: Substantial six-figure settlement obtained prior to trial.

This case was referred by an attorney. Foldenauer Law Group represented a founding member of a successful San Diego information technology (IT) company, who had been ousted and “frozen out” of profits from the company he founded. This occurs in many ways. In this instance, it was achieved by a controlling group of owners that inflated their salaries so no profits remained for our client. We verified what had occurred, filed suit on behalf of the client, and aggressively prosecuted a civil action under various California Corporations Code sections. After a series of favorable pre-trial rulings, the matter was submitted to mediation which resulted in a substantial six-figure settlement and a buyout of our client’s interest.

Case: Residential Building Developers Sued by Investors After Market Collapses – LLC Membership and Partnership Dispute – Breach of Fiduciary Duty / Breach of Contract

Result: Favorable 12 – 0 Jury Verdict on all causes after 3 ½ week jury trial.

This case was referred by a personal injury attorney seeking help for one of his clients. We represented a residential building developer who had built several beautiful, modern beach homes in the Mission Beach and La Jolla areas. Our client was sued by one of his investors/business partners for fraud, conversion, breach of contract, breach of fiduciary duties, securities, and RICO violations when property values fell after the 2008 economic recession. Our client was exposed to multi million dollar verdicts. After a 3 ½ week trial, the jury returned unanimous verdicts in our client’s favor on all counts. Our client was also awarded his costs incurred in defending the action.

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

Result: Successful defense of case resulting in nuisance value settlement.

This case arose when a dentist lost money in a real estate investment. Foldenauer Law Group defended several San Diego residential building developers against claims of fraud, conversion, breach of contract, breach of fiduciary duties, securities, and RICO violations - and obtained a “nuisance value” settlement at mediation for the clients prior to trial.

Case: UFC Cage Fighter Sued by Business Manager – Breach of Management Contract

Result: Case dismissed before trial.

In this case, Foldenauer Law Group successfully defended a professional mixed martial artist (UFC cage fighter) in a “money grab” breach of contract lawsuit brought by his former business manager. Discovery in the case unearthed facts supporting a substantial cross-claim against the manager. Our client’s counterpunch lawsuit (i.e., cross-complaint brought on the fighter’s behalf) resulted in the manager agreeing to settled the case before trial with zero consideration paid to the manager.

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

Result: Successful defense of case resulting in nuisance value settlement.

In this classic freeze-out case, we represented the defendant and counter-claimant in an LLC Member dispute. The parties owned a business importing and distributing products from China. The plaintiff sued our client for breach of fiduciary duty, fraud, and breach of contract - claiming $4,000,000 in damages. Our client counter-sued for breach of fiduciary duty, fraud, and breach of contract. After conducting discovery and winning some key motions we were able to successfully negotiate a nuisance value settlement for our client, without trial.

Case: Food Distribution Company Sued by Big Insurance Company – Breach of Contract, Insurance Bad Faith

Result: Successful defense resulting in a significantly discounted settlement amount.

This case was referred by a former client. Our client started a food distribution company with an old pick up truck and a garage. Over time, he developed it into a successful, mid-size company (500+ employees). Our client was sued by Liberty Mutual Group Insurance Company for breach of an insurance contract. We analyzed the case and switched the script by counter-claiming for bad faith insurance practices, breach of contract, and negligence. The case was resolved with a significantly discounted settlement at mediation.

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

Result: Successful confidential settlement.

Our client, the owner of a local medical billing company, sued a former member of the LLC after they breached the non-compete clause of a buy-out agreement. The case successfully settled in a confidential settlement agreement before trial.

Case: Print Shop – Buyer versus Seller – Breach of Contract / Fraud

Result: Successfully settled before filing of lawsuit.

In this case, our client was a young businessman who had just purchased a printing business which failed to perform as represented. Our client wanted his money back – rescission and restitution. Prior to filing a lawsuit, we reviewed bank records and statements the Seller provided our client for valuation purposes. They were false, deceptive, and simply did not add up. The Seller denied these claims. We opted to use the mediation clause provided for in the purchase and sales agreement to force the Seller to an early mediation. We then presented our evidence and arguments to the mediator. The Seller had no alternative but to provide a complete refund to the buyer, plus fees and costs.

Case: 4th & B Nightclub Litigation – Buyer and Commercial Lender Sue Seller– Breach of Contract

Result: Successful Defense of a $2.6 Million Claim

4th & B Nightclub was once a local hot spot in downtown San Diego. The business had financial trouble resulting in litigation. In this case, a buyer who purchased the club was assigned interests under a commercial lease. Then, the Buyer failed to pay the seller as agreed, the Seller followed by failing to pay the bank, as agreed. This resulted in three-way litigation between the Buyer, Seller, and Bank involving judicial foreclosure and breach of promissory notes. Just prior to trial, Foldenauer Law Group was contacted by a business attorney and asked to jump in and try the case. Our firm represented the Seller through trial in North County Superior Court and successfully defended an approximately $2.6 Million breach of contract claim.

Case: Defense of Commercial Landlord – Breach of Commercial Lease Contract

Result: Obtained Settlement Award on Cross-Complaint against Plaintiff

Foldenauer Law Group was retained to defend a commercial property landlord against claims of Breach of Contract and Negligence, brought by one of his tenants. The Plaintiff alleged she suffered damages, including lost profits and earnings, as a result of mold. At trial, Foldenauer successfully moved to exclude all evidence of mold damages, arguing they were not authorized under the lease agreement. The court agreed and granted the motion. The matter then resolved with the unsuccessful Plaintiff agreeing to reimburse our client for all fees and costs he incurred in defending the action.

Case: Sale of Locksmith Business – Breach of Contract/Fraud

Result: Confidential Settlement

In this case, we represented the sellers of a state-wide locksmith services business who sued the buyers for Breach of Contract and Fraud. The Buyers of the business then counter-sued under the same theories, claiming the Seller had provided false financial statements. Using forensic accounts to establish there had been full and accurate financial disclosures, resulted in a pre-trial settlement for the full amount owed to our client, the Seller.

Case: Partnership Dispute at Architecture Firm – Breach of Contract / Breach of Fiduciary Duty

Result: Successful Confidential Settlement Enforceable by Stipulated Judgment

In this case, we were retained to enforce a Stock Purchase Agreement against our client’s former business partner in the architecture industry.

Case: Micro-Brewery Business Dispute– Breach of Contract / Promissory Fraud / Breach of Fiduciary Duty

Result: Successful Confidential Settlement

Foldenauer Law Group represented a well-known San Diego IPA brewer and micro-brewery owner who was sued by one of his investors for breach of a partnership agreement in brewery’s limited liability company. We were able to defend the action and reach a nuisance value settlement while also resolving a dispute over managerial control of the company.

Case: Employee Sues FedEx Delivery Route Owner – Wage and Hour Claim

Result: Successful Confidential Settlement

Defended a local FedEx delivery business owner against former employee claims of a wage and hour violations.

Case:Defense of Public Sculpture Artists Sued by National Shopping Center – Breach of Contract

Result: Obtained six-figure settlement on cross-complaint against national shopping center.

Normally, a Plaintiff files a lawsuit hoping to recover damages. It doesn’t always work out that way. This case presents an example of a business dispute where we represented the Defendants who are ultimately awarded substantial damages on their cross-claim against the Plaintiff. This case was referred by a local attorney who placed trust in us. A national chain of shopping malls hired local sculpture artists to create public art for one of its southern California shopping centers. After a change in ownership of the mall, a dispute arose surrounding the nature of the art and its placement. The mall then sued the artists for breach of contract and the artists counter-claimed for breach of contract. Foldenauer Law Group represented the artists as the Defendants and Cross-Claimants in the lawsuit. On the eve of trial, after the mall heavily litigated the case, we were able to obtain a six-figure settlement for our artist clients.

Case: Shopping Mall Sues Tenant – We Defend / Breach of Contract

Result: Confidential Nuisance Value Settlement

Represented a local business owner with space in a Chula Vista shopping mall against a claim of breach of the lease/license contract by the owner of the shopping mall.

Case: Family Run Avocado Ranch Partnership Dispute – Brother Sues Brother – Fraud/Breach of Contract/Breach of Fiduciary Duties/Business Freeze-Out

Result: Successful mid-six-figure settlement

This case presented a family partnership dispute, which often add emotional challenges to business disputes. In this case, one member (brother) of a family-owned limited liability company that operated a local avocado farm in North County attempted to freeze-out the other owner (his brother) and take over the business for himself. Our client hired us to defend the suit, prosecute a cross-claim, obtain an accounting, and dissolve the partnership. The is an example of a case where the Plaintiff pays the Defendant that Plaintiff has sued. The case settled during trial with a mid-six-figure cash award paid to our client.

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

Result: Nuisance Value Confidential Settlement Agreement

We represented the owners of several restaurants in the Gaslamp and Hillcrest Districts of San Diego against claims of fraud, misappropriation, and breach of contract by investors in the businesses.

Case: Partnership Dispute Between “Lifestyle Clothing and Tattoo” Company Owners – Breach of Contract / Fraud / Breach of Fiduciary Duty / Copyright and Trademark Infringement

Result: Confidential Settlement Agreement

Former owners of a local clothing and motorcycle parts company sued each other over claims of breach of contract, fraud, and intellectual property infringement. We represented the artist of the collection, and obtained an accurate valuation of the business and then negotiated a buyout with the assistance of a retired judge acting as mediator. The case was resolved without trial, which was in the best interest of both parties.

Case: Fashion model’s video images Misappropriated to Sell Male Enhancement Pills – Misappropriation of Likeness for Commercial Purposes / Invasion of Property / Intellectual Property

Result: Confidential Settlement Agreement

In this case, we were retained by a fashion model who was video-recorded while dancing with a middle-aged male on a La Jolla Beach. The video-recording was later sold as stock footage without licenses or authorization and ultimately placed in a television campaign by a company marketing male enhancement pills. We issued a strong cease and desist letter, obtained an agreement that the advertisement would be pulled, and then filed suit utilizing California’s powerful laws against misappropriation of likeness for commercial purposes. The case resulted in a substantial confidential settlement for our client against the videographer, stock footage company, advertising agency, and pill manufacturer.

Case: Influencer’s Beach Photos Misappropriated to Market Sunglasses on Television

Result: Confidential Settlement Agreement

A young female, popular on YouTube and Instagram, explained to us that her images had recently been used by an eyewear company in a television advertisement, without authorization or consent. We issued a cease and desist letter which resulted in removal of the images followed by a confidential cash award. The matter resolved without the need for litigation.

Case: La Mesa Winery Owner Sued for Violation of American Disability Act (ADA)

Result: Confidential Settlement

We were retained to represent local business owners in a suit that claimed the business’s parking lot was not ADA compliant. The case resulted in a favorable confidential settlement with contribution between the commercial landlord and the tenant.

Case: Partnership Dispute at European Automobile Repair Shop – Breach of Partnership Agreement / Breach of Fiduciary Duties

Result: Confidential Settlement Agreement

This case was referred by an attorney seeking a co-counsel arrangement. We agreed to join forces and put together a litigation team. Our client was a well-known and highly paid anaesthesiologist and partner of a successful outpatient surgery center in the south bay area of San Diego. The partners began fighting over money and had a falling out. Our client was frozen out from the business, and prevented from working at his own facility or sharing in business profits. His income was reduced to zero. We immediately filed suit in San Diego Superior Court and filed various pretrial motions that turned the tables and alleviated the situation for our client. We used financial experts to valuate the business and calculate our client’s past and future damages. The case settled on the eve of trial in a dollar amount very satisfactory to our client.

Case: Partnership Dispute at Outpatient Surgery Center / Freeze out – Breach of Contract / Breach of Fiduciary Duties

Result: Confidential Settlement Agreement

This case was referred by an attorney seeking a co-counsel arrangement. We agreed to join forces and put together a litigation team. Our client was a well-known and highly paid anaesthesiologist and partner of a successful outpatient surgery center in the south bay area of San Diego. The partners began fighting over money and had a falling out. Our client was frozen out from the business, and prevented from working at his own facility or sharing in business profits. His income was reduced to zero. We immediately filed suit in San Diego Superior Court and filed various pretrial motions that turned the tables and alleviated the situation for our client. We used financial experts to valuate the business and calculate our client’s past and future damages. The case settled on the eve of trial in a dollar amount very satisfactory to our client.

Case: Disability Insurance Claim Wrongfully Denied – Breach of Contract / Insurance Bad Faith

Result: Confidential Settlement Agreement

Our client was a well- respected Otolaryngologist who suffered a neurological injury when he fell down a flight of stairs. His hands became shaky, and he was unable to perform surgeries. He made a claim on his occupational disability policy, which was denied. We reviewed the file and researched the insurance company and concluded that the claim had been wrongfully denied. We filed an action for breach of contract and bad faith insurance practices in United States District Court. We then deposed the insurance company’s employees to test the basis for the claim denial, which resulted in a desirable confidential settlement before trial.

Case: FDA Recall Threatens South Bay Egg Roll “Lumpia” Manufacturer / Breach of Contract / Negligence / Product Liability

Result: Confidential Settlement Agreement

Our client was in the business of manufacturing frozen lumpia (Philippine-Style egg rolls) at a Southbay San Diego facility. The frozen items were packaged and shipped to retailers and commissaries around the world. The wrappers used in the egg roll making process were purchased in bulk from a manufacturer in Los Angeles. One day, unexpectedly and without notice, the wrapper manufacturer decided to change the ingredients so as to add egg whites to its recipe, a known allergen. Because the wholesale buyers were not notified of the ingredient change, egg whites were not listed on their product packaging. This resulted in an FDA recall of our client’s frozen food product from around the world. Our client’s frozen food product could be tossed out or shipped back to San Diego for re-labeling. Our clients suffered substantial business losses, including product placement. Our firm filed suit against the egg roll wrapper manufacturer for failing to disclose allergens on its packaging. The case resulted in a substantial settlement – saving our client’s business from financial disaster.

Personal Injury Cases

Case: Wrongful Death USMC Helicopter Accident

Result: $55 Million Dollar Jury Verdict After Four Week Jury Trial

On Jan. 22, 2004, a US 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 a Gas & Electric Company, who 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: Hit and Run Drunk Driver / Negligence / Vicarious Liability)

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

A San Diego State University foreign exchange student from Taiwan, was riding a skateboard near campus when he was struck from behind by a vehicle driven by the defendant. Just prior to the crash, the defendant had consumed alcohol at his place of employment, a local restaurant. The defendant fled from the accident scene and reported his car as stolen. We argued that the restaurant employer was negligent and responsible for our client’s injuries because its employee, the driver, was acting within the “course and scope” of his employment when he consumed the alcohol. Our client further claimed that the collision was a foreseeable consequence of that negligence. The Restaurant denied liability for the crash and denied that its employee was within the course and scope of his employment at the time he drank alcohol at the restaurant. The Restaurant made a $15,000 settlement offer on the eve of trial. After a three week trial, the jury awarded plaintiff $1,546,618.27. Our client also recovered his costs and expert fees of over $150,000.

Case: Burn Accident in Workplace

Result: Obtained Six-Figure Settlement Before Trial

Foldenauer Law Group represented a client who was burned by an industrial tunnel cage washer used for scientific research. Suit was filed against the Maintenance Company for negligence, and the Manufacturer for design defect and product liability. After establishing liability during discovery client was able to recover a six-figure settlement during pre-trial mediation.

Case: Product Liability Trial Against Dietary Supplement Manufacturer

Result: $18 Million Verdict After 3 Week Trial

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: Teen Death / Wrongful Death / Auto Accident / Insurance Bad Faith

Result: Confidential Seven-Figure Settlement After $2.1 Million Court Judgment

This tragic wrongful death case occurred because high school children raced cars after consuming alcohol. Foldenauer Law Group represented the parents of a 17 year-old boy who lost his life when he lost control of his vehicle and crashed into a lamp post at high speed. The insurance carrier denied coverage on the claim. The law firm filed suit and proved up damages of $2.1 Million, which was far in excess of policy limits. After judgment, a second suit was filed based on bad faith insurance practices. The end result was an order for the insurance carrier to pay a seven-figure judgment far in excess of policy limits.

Case: Brain Injury / Stroke – Product Liability – Metabolife 356 Ephedra Dietary Supplement Litigation

Result: Multiple Six-Figure Settlements for Clients Suffering Stroke and Cardiovascular Injuries from Ephedra-Based Dietary Supplements

In the early 2000's an Escondido mother of two purchased an herbal weight loss supplement at a shopping mall kiosk. She began taking it as directed but soon suffered a hemorrhagic stroke causing temporary paralysis, inability to walk, talk, or write. Around the same time, a man in Texas took the pills and suffered a cardiovascular injury. Next came a report of seizures from Bakersfield. For several years, Foldenauer Law Group’s predecessor firm (Frantz, Townsend & Foldenauer LLP) took the lead role as counsel for people harmed while taking Metabolife 356 and other ephedra/caffeine based dietary supplements. Foldenauer focused his entire practice on this dangerous product representing people throughout the country who suffered neurological and cardiovascular injuries. The big lie was that while the company reported its product was safe and effective, the truth was that Metabolife International had received over 14,000 complaints of adverse events associated with its 356 product. Foldenauer’s firm was able to obtain many large but confidential settlements providing injured clients substantial compensation. Foldenauer also worked with the U.S. Food and Drug Administration (FDA), various state agencies, and met with Governor Gray Davis to urge that ephedra products be removed from the market. The FDA ultimately banned the sale of dietary supplements containing ephedrine alkalkoids in the United States in 2004.

Case: Falling Retail Display / Product Liability/Premises Liability

Result: Seven-Figure Settlement Before Trial

Our Client was injured while shopping at a national auto parts retail store when one of the sliding, tool display shelving units unexpectedly fell on him. Our Client suffered a torn biceps as the distal tendon was ripped from the forearm, the weight and twisting of the falling panel also caused spine and knee injuries, all of which required several surgeries and outpatient procedures. To recover for his injuries, our firm brought claims for premises liability against the retail store and for design defect and product liability against the manufacturer of the falling display panel.

Case: Dietary Supplement Product Liability / False Advertising

Result: $1.58 Million Settlement

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: Wrongful Death

Result: Confidential Seven-Figure Settlement Before Trial

Represented parents of teenaged boy who tragically fell to his death from a third story window while a cadet attending a military academy.

Case: Baycol Prescription Drug Recall / Rhabdomyolisis Injury / Product Liability

Result: Six-Figure Settlement

Client was prescribed Baycol cholesterol lowering mediation, and spent 10 days in ICU battling rhabdomyolisis injuries. The product has since been removed from the market.

Case: Sulzer Hip Recall / Product Liability

Result: Revision Surgery and Six Figure Settlement

Lawfirm represented a U.S. Navy Seal who underwent total hip replacement surgery. The medical device was defective and recalled after surgery. Investigation disclosed that the defect occurred during the manufacturing process. The hip sockets were contaminated with a mineral oil-based lubricant during manufacturing process causing the body to reject the medical appliances.

Case: Lower Leg Amputation / Automobile Collision

Result: Six-Figure Policy Limits Settlement

Law firm represented a young man who lost his lower leg in a high speed motor vehicle collision. Defendant’s insurance carrier initially denied liability but later paid policy limits without litigation or trial.

Case: Food Poisoning at Wedding / Product Liability / Negligence

Result: Mid Six-figure Settlement Before Trial

After being served contaminated chicken by an off-site caterer at a wedding reception, Client suffered severe food poisoning, enteritis, sepsis, acute renal failure, and acute respiratory failure. The Client required gastrointestinal surgery, including laparoscopic resection and removal of damaged portions of the proximal sigmoid, descending colon, and distal transverse colon. To obtain a just settlement suite was filed against the caterer, wedding venue and retail market that initially sold the tainted chicken meat.

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

Result: Substantial Court Approved Minor's Compromise Settlement Before Trial

We 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/ Slip & Fall Accident / Premises Liability

Result: Six-figure Settlement Before Trial.

A woman suffered a mild traumatic brain injury when she fell backwards from a crowded banquette over a calf-high hand-railing and hit her head on the concrete floor of a Hollywood nightclub. Our client sued the nightclub, its owners, the architect, the designer, and the contractor for creating a dangerous condition on the premises due to hand rails that were not built to code and slippery banquettes that the nightclub encouraged customers to stand on. The case settled before trial.

Case: Low Speed Auto Accident Jury Trial Causing Hip Injury

Result: Jury Awarded Damages For Injuries

Our Client was rear-ended as she waited at a metered light preparing to enter the Interstate 5 freeway. She suffered an avulsion fracture and a torn superior labrum in the left hip which required surgery and permanent fixation. Carrier denied liability and made low offers based on low speed of vehicles. Law firm took the case to a jury to obtain a just result for the client.

Case: Negligence / Premises Liability

Result: Substantial Settlement Before Trial

Our client was an invited guest at an employer-sponsored party and was assaulted by an intoxicated employee. He sustained serious knee injuries, requiring two surgical procedures. Defendants initially denied liability but later agreed to pay client a substantial settlement before trial.

Case: Injury to Minor Child / Auto Accident

Result: Substantial Court-Approved Minor’s Compromise Settlement Before Trial

A 12 year-old child 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 scarring to her face and required dental implants.

Case: Health Care Negligence

Result: Substantial Settlement (MICRA)

Foldenauer Law Group represented the family of elderly woman whose foot was amputated after becoming gangrenous while she was being cared for at a senior nursing facility.

Case: Collapsed Lung / Medical Negligence

Result: Substantial Settlement Obtained Before Trial

Our client, who sustained pneumothorax (collapsed lung) and other complications, successfully sued the unlicensed chiropractor who punctured her lung with an acupuncture needle.

Case: Auto Accident

Result: Six-Figure Policy Limits Settlement Before Trial

The law firm represented a restrained driver who was involved in a high speed car crash in Escondido, California. The other driver made an improper turn, and the resulting accident caused multiple injuries, including a fractured sternum.

Case: Pedestrian Injury

Result: Policy Limits Settlement Before Trial

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

Case: Pedestrian Struck in Crosswalk

Result: $250,000 Court Judgment

Our client was walking through a marked crosswalk in Point Loma when she was struck by a driver who ran a red light. The accident caused a fractured kneecap requiring surgery fixation and therapy.

Case: Slip & Fall Accident / Premises Liability

Result: Six-Figure Settlement Before Trial

Our client 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 client sued the homeowner because the stairway was poorly constructed and built without a handrail.

Case: Auto Accident

Result: Settled for Policy Limits Before Trial

Our 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.

Case: Auto Accident

Result: Settled for Six-Figure Policy Limits Before Trial

Our client was driving in Escondido, California when another car crashed into him from behind. He suffered multiple neck and back injuries that required spinal fusion surgery.

Case: Auto Accident

Result: Six-Figure Policy Limits Settlement Before Trial

Our 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. He suffered multiple neck injuries, back injuries, and a torn labrum in the shoulder, requiring two surgical procedures.

Case: Auto Accident

Result: Maximum Settlement Pursuant to California Vehicle Code Section 17151.

Foldenauer Law Group represented three individuals who were injured when their SUV was run into by an uninsured rental car driver at an intersection.

Case: Bar Fight / Premises Liability

Result: Settled for Policy Limits Before Trial

Our client was meeting friends and family after work at a sports bar in Escondido, California, when a drunk “regular” confused our client with someone else and head-butted him, breaking his nose. The client sued the sports bar for over-serving its patrons and failing to take adequate steps to protect its customers.

Case: Auto Accident

Result: Settled for Policy Limits Before Trial

Foldenauer Law Group represented two adults and three minor children who were involved in a high-speed, six-car pile-up that caused multiple injuries and major property damage.

Case: Hot Coffee Burn Injury

Result: Settled for Policy Limits Before Trial

Our client sustained second degree burns when an airport barista spilled scalding coffee on her legs, resulting in permanent scarring and psychological trauma.

Case: Brain Injury/ Auto Accident

Result: Settled for Policy Limits Before Trial

Our client suffered a mild traumatic brain injury, 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

Our client 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

We represented a client whose vehicle was rear-ended as she slowed for stalled traffic on the interstate.

Case: Auto Accident

Result: Settled for Policy Limits Before Trial

Our client sustained multiple soft tissue and spinal injuries in a rear-end car crash.

Case: Medical Mal-Practice

Result: Confidential Six-Figure Settlement Before Trial

A Doctor prescribed, and a Pharmacy filled, a negligent dosage of Colchicine that greatly exceeded medically recognized and/or recommended dosage guidelines and caused client to become violently ill due to taking the medication as directed by the medical professionals. After being rushed to the emergency room, the Client was diagnosed with Acute Renal Failure and Colchicine Toxicity, which exacerbated his pre-existing heart condition.

Case: Auto Accident

Result: Settled for Policy Limits Before Trial

Client was stopped in line at an intersection waiting for a red traffic signal to change when an 18-wheel tractor-trailer half-full of soda pop drove into her lane such that the right rear wheel demolished the entire left side of her vehicle. The impact and shaking inside the vehicle permanently aggravated the Client’s pre-existing spinal condition.

Case: Bar Fight / Premises Liability

Result: Settled for Policy Limits Before Trial

Our client was meeting friends and family at a sports bar in Escondido, California. As he was leaving a bouncer for the bar punched our client, breaking his nose and teeth.

Case: Brain Injury / Premises Liability

Result: Settled for Policy Limits Before Trial

A car salesman at an El Cajon car lot sucker-punched his co-worker, causing him to strike his head on the pavement and suffer a serious and traumatic brain injury with loss of smell. With creative lawyering, Foldenauer Law Group was able to find a way around workers’ compensation exclusive remedy doctrine to obtain a recovery for our client.

Case: Minor Child Falls From Window / Premises Liability

Result: Substantial Seven-Figure Court-Approved Minor’s Compromise Settlement Before Trial

Foldenauer Law Group (along with Co-Counsel Bill Bender and Brian Ellis) represented the family of a young girl who suffered serious injuries when she fell from second floor window at a motel that should have been safely secured by the motel.

Case: Workplace Sexual Harassment

Result: Substantial Confidential Settlement

Client was a professional massage therapist who suffered inappropriate touching during a massage session by her boss.