In re Ralph William Crosby, E.D.B.C. 15-23674

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.

Goldsmith v. Levenstein, et al., C.D.C. 15-cv-00381

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.

Burch v. Hagele, E.D.B.C. 14-02200

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.

Keshwar Singh v. John Singh, et al., Stanislaus County Case No. 667461

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.

In re Oak Song, E.D.B.C. 10-39123

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.