Nicholas Lazzarini prevails on his Motion for Summary Adjudication against Plaintiff Rebecca Evans resulting in dismissal of all of Ms. Evans claims and an award of damages in favor of his client in the amount of $5,250.00 plus attorneys' fees and costs.
Nicholas Lazzarini successfully negotiates settlement agreements with a Bankruptcy Trustee and a Secured Creditor to allow his client to continue possessing and operating his farming and harvesting equipment in his international agricultural business.
Nicholas Lazzarini prevails on opposing a demurrer to dismiss his client's cross-complaint. Plaintiff's counsel argued Ms. Crecelius' claim had to be dismissed and filed in the probate division. Mr. Lazzarini successfully argued the Superior Court was a court of general jurisdiction, allowing his client's cross-complaint and claims to proceed against Plaintiff.
Nicholas Lazzarini obtains "In Rem" relief from stay for creditor George Boeger, allowing Mr. Boeger to proceed with a sale of real property. Debtor Ralph Crosby and his son had filed 6 previous bankruptcy petitions to delay creditors from taking action against the property. The "In Rem" relief will prevent any automatic stay by any bankruptcy filer from attaching to the property for a period of 2 years, allowing the creditor to force a sale of the property.
Nicholas Lazzarini prevails on a Motion to Dismiss Complaint pursuant to Fed. Rules Civ. Proc. Rules 12(b)(6), 9(b), & 23.1 for his clients Nicholas Levenstein and Levenstein, Vaceva & Co., LLC. Mr. Lazzarini argued that Mr. Goldsmith's fiduciary claims were actually derivative claims belonging to the LLC and not Mr. Goldsmith personally. Mr. Lazzarini also argued the remaining claims failed to meet the required pleading standards and should be dismissed for failing to state a claim. The Court agreed on all points and dismissed the complaint in its entirety.
Nicholas Lazzarini prevails on a Motion for Summary Judgment for his client, Dr. Lauranell Burch, in an adversary action commenced under 11 U.S.C. 523(a)(6). Dr. Burch had obtained a judgment for defamation against Debtor in North Carolina State Court. Agreeing with Mr. Lazzarini's motion, the Court found North Carolina principals of collateral estoppel applied and the defamation constituted a willful and malicious action against Dr. Burch. Judgment was entered in the amount of $412,667.57 plus interest.
Kenrick Young successfully represents a debtor and obtains a dismissal for the firm's client from a Section 523 adversary proceeding. The dismissal occurred shortly after the Court sustained the firm's motion to dismiss under Rule 12(b)(6).
Kenrick Young successfully represents a debtor and obtains a dismissal for the firm's client Richard Kooi from a Section 523 adversary proceeding. The dismissal occurred in the middle of a bench trial after opening statements.
The firm obtains a judgment determining a debt of $1.55 million as non-dischargeable under Section 523(a)(2)(A) for its clients, Philip and Linda Hawkins.
Nicholas Lazzarini successfully obtains a dismissal for the firm's clients, Manmeet and Ravneet Natt, from a fraudulent conveyance adversary proceeding seeking over $250,000. The dismissal occurred before trial, without payment by the Natts, and shortly after the firm got involved.
Kenrick Young successfully prosecutes a Section 523(a)(2)(A), (a)(4), and (a)(6) action to obtain a $295,387 judgment against Defendant after a two day bench trial.
Nicholas Lazzarini successfully obtains a judgment in favor of our client, John Singh dba Quick Stop Gas Station. Mr. Lazzarini persuaded the Court in a bench trial that our client was not liable for an alleged breach of contract where the amount of controversy was $50,000. Plaintiff took nothing from his complaint.
Nicholas Lazzarini negotiates a judgment for nondischargeability under Section 523(a)(4) against Defendants for his client Plaintiff Rentrak Corp.
Kenrick Young completes a successful merger and acquisition of Pacific Coast Restaurant Group, LLC, a Del Taco franchisee with restaurants in Yuba City and Marysville. After negotiations, the secured creditors consented to the transaction.
The firm assists Trackline America, LLC complete an out-of-court wind down and negotiate a settlement with creditors, including a major creditor in a cross-border insolvency case.
Nicholas Lazzarini obtains a Section 523(a)(4) and (a)(6) judgment against Defendants Nancy and Reuben Fernandez.
Kenrick Young obtains an order dismissing a Section 523(a)(2)(A) adversary proceeding against his client, Tony Akinsete.
Kenrick Young successfully objects to Federal National Mortgage Association Claim No. 22 and disallows default interest and late fees in connection with a defaulted mortgage. In total, Mr. Young reduced Fannie Mae's claim by over $275,000.
Nicholas Lazzarini prevails before the appellate court in the matter of Ruth Dunmore v Sidney B. Dunmore. The Court affirmed the trial court's judgment allowing the assignment of legal and equitable claims by the assignee's mother, Ruth Dunmore. Mr. Lazzarini is also handling several Dunmore probate matters.
Kenrick Young successfully negotiates an out-of-court workout for a shopping center in Folsom, California. Mr. Young first filed a Chapter 11 to prevent an imminent foreclosure. In the Chapter 11, an agreement was reached to settle and dismiss the Chapter 11 case, which was approved by the bankruptcy court. The settlement are confidential, but a substantial reduction in principal was obtained.