PROTECTING YOU & YOUR FAMILY!
PROTECTINGYOU & YOUR FAMILY!

 

2015

 

Failure To Pay Salesman's Earned Commission---Treble (x 3) Damages

 

In August 2014, this office filed a lawsuit on behalf of our client, an independent wholesale salesman, against a defendant, a California apparel company, that chose to not pay our client for the sales commission he earned.  The lawsuit was filed pursuant to California Civil Code §1738.13. 

 

The defendant initially claimed nothing was owed, and filed an aggressive cross complaint against our client. California Civil Code §1738.13 allows for treble damages plus attorneys’ fees and costs, against someone who willfully fails to pay commissions as provided by a written contract.

 

Settlement was reached in April 2015.  Total recovery exceeded $200,000.00.

 

2014

 

Fishy Receivership Appointment Results In Judgment For Sixteen Million Dollars 

As published in the Daily Journal, Verdicts and Settlement, after having litigated to remove a Receiver previously appointed by Court, this firm filed suit on November 12, 2013, in Los Angeles Central District Federal Court, against various defendants, including the Receiver personally, for fraud and conspiracy to commit fraud. 

 

The litigation involved a large fish food product company, who at the time owed millions of dollars in debt to various vendors, including this firm’s client who supplied millions of dollars in fish products from China. 

 

Case resulted in a favorable judgment in the amount of $16,410,000.  Judgment was entered on January 28, 2014 by a Federal Judge in the Central District of Los Angeles.   To date, over  $10 million dollars have been recovered by our client.

 

2014

Korean BBQ Tofu Restaurant Mistreats Worker---Pays $250,000 In Cashier's Check

On July 24 and 25, 2012, this firm filed two lawsuits in Los Angeles Superior Court, East District,  on behalf of two former waitresses of a Korean BBQ restaurant in Rowland Heights, claiming for unpaid overtime, disallowed rest breaks, and interrupted meal breaks, for the four years they worked at the restaurant. 

 

On September 10, 2013, this firm filed a third lawsuit, expanding liability to an additional corporate entity and two individual alter egos hiding behind all corporate entitles.  All three lawsuits were consolidated shortly prior to trial. 

 

During the course of litigation, the Court issued over $20,000 in monetary sanctions against the employer and its counsel. The Court also established alter ego liability as issue sanction shortly prior to trial.  The sanctions were issued based on various egregious discovery abuse by the employer and its counsel.

 

3 days after trial commenced, the employer offered  $150,000* to settle.  The offer was not accepted.

 

On the final day of trial, the employer settled for $250,000  with  payments made in cashier’s check.

 

*Pre-trial settlement offer was $10,000.

2014

Buying Goods Without Paying ---Judgment For Fraud Against Corporations And Husband & Wife Personally

On November 14, 2007, this firm filed a Complaint in the Northern District Court of California on behalf of a Taiwanese corporation, seeking damages for breach of contract and fraud, against defendant, a northern California corporation. On August 19, 2009, the Northern District Court of California ordered an Additional Writ of Attachment in the cumulative sum of over $3,441,000 against the individual alter ego defendants, and a Delaware defendant that was instrumental in defrauding the plaintiff.

 

On September 13, 2013, the Northern District Court of California granted Summary Judgment against the corporate defendant in the amount of  $1,420,897.12, for fraudulent transfer in the amount of $1,370,453.65, and $1,370,453.65 against the alter ego individual defendants (the husband and wife who fraudulently transferred corporate assets) for conspiracy and fraudulent transfer. The counter claim brought by the defendant was dismissed.

 

On October 27, 2014, the Northern District Court of California issued a Final Judgment, affirming all prior rulings, and allowing judgment against a third party fraudulent transferee in the amount of $1,370,453.65.

 

2013

 

Security Company  Steals Wages From Workers Who Risk Their Lives Abroad ---Pays $825,000

On February 13, 2013, along with local counsel in Virginia, this firm filed a class action lawsuit in Virginia Eastern District Court, on behalf of a class of American security contractors working in Basra, Iraq.  The suit was filed against an international corporation providing security services for U.S. Embassy personnel and American diplomats in Iraq. Allegations include breach of contract, fraud, and other related causes of action, implicating defendant's fraudulent inducement of performance of services from its employees, who actually risked their lives to perform protective services, for which the corporate defendant refused to compensate.  Case settled for $825,000 in favor of all putative class members.

 

2013

Cook Deprived Of Basic Rights---Protected By The Law And Gets $100,000

In early 2013, after litigation, a settlement was reached on behalf of an individual plaintiff, who worked under depraved and oppressive work environment in the kitchen of a restaurant located in Southern California. He was not permitted rest breaks, meal breaks, and overtime compensation. He was also not paid according to the requirements of the law, and worked under a hostile work environment.  The employer failed to comply with the most basics of state and federal labor law.  This firm recovered $100,000 on behalf of the individual plaintiff, whose payroll record showed his annual income to be approximately $15,000.

 

2011

Employment Class Action---1300 Energy Company Employees Receive $29 Million In Settlement

In 2011, on behalf of all certified class members, this firm along with a small group of elite litigators, obtained a record recovery after reaching settlement with a major Southern California employer defendant, settling a class action lawsuit, over court certified allegations of labor law violations (employer failed to pay overtime wages, failed to allow meal and rest break, failed to properly classify employees) and fraud (attempts to cover up its failures to comply with law), in the amount of $29 million 

2009

Business Litigation

On September 30, 2009, this firm filed a Complaint for breach of contract in Santa Monica Superior Court. Two weeks later, on October 16, 2009, this firm obtained a Writ of Attachment against the defendant for over $151,000. The Defendant fled to Europe.

2009

Business Litigation

On August 25, 2009, this firm completed a Court trial in Los Angeles Superior Court, North East Division, and obtained a judgment against an individual defendant for breach of contract, in the amount of $667,125.62, including costs incurred, attorneys’ fees, and interest.

2006

Litigation Avoidance

In July 2006, without resorting to judicial intervention, this firm successfully averted costly litigation by negotiating a resolution in favor of our client, a LCD panel service provider. We achieved the resolution -- a lump sum payment of $850,000 to our client -- within one month from the start of a dispute between the LCD panel service vendor and the LCD brand manufacturer. The dispute involved complex business and legal issues, requiring delicate maneuvering.

2006

Business Litigation

On January 12, 2006, this firm filed in Alameda Superior Court a Complaint for breach of contract against Defendant, an electronic product distributor, seeking $2,284,880 in damages. On March 28, 2007, after trial, this firm obtained final judgment in the total amount of $2,643,357 against all defendants. Judgment includes 10% interest and attorneys’ fees.

2002

Business Litigation

On September 17, 2002, after an exhaustive Motion process, this firm successfully vacated an approximately $250,000 judgment that was entered by a Los Angeles Superior Court against a defendant previously represented by another counsel. Judgment vacated and case resolved for this firm’s new client.

2001

Business Litigation

On December 18, 2001, this firm obtained from Orange County Superior Court a final judgment in favor of this firm’s publicly traded corporate client, in the amount of $3,326,537.49, for breach of contract against a notorious California corporation, infamous within the technology industry.

VENTURA COUNTY

400 Camarillo Ranch Road

Suite 203

Camarillo, CA 93012

Phone (805) 383-2788   

Fax     (805) 388-9488

LOS ANGELES COUNTY

215 N. Marengo Avenue

3rd Floor

Pasadena, CA 91101

Phone  (626) 304-9972

Fax      (626) 628-3011

Email

MFang@MarkFangAPC.com

 

Business Hours

Monday through Friday

9 a.m. to 5 p.m.

(except major holidays)



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