Commercial Litigation

Related Practices

At Selman Breitman, we know that representing a business through litigation requires meticulous care and practical experience. Your business is your livelihood, and every penny that is lost to a competitor — or spent on legal fees — cuts against your profits. To this end, our Commercial Litigation attorneys are uniquely qualified to meet the needs of your growing business. Whether setting up a new operation, expanding an existing business or protecting and defending your business from a would-be competitor, we are your goal-oriented counselors.

Our Commercial Litigation attorneys are called upon by individuals, small businesses, mid-size businesses, corporations, banks and large publicly traded entities from a broad range of industries. We defend and protect client interests both in and out of court.

When your goal is to stay out of the courthouse, our attorneys have developed cutting-edge and outside-the-box solutions through negotiation, mediation and arbitration to meet those goals. Like you, our attorneys take a practical, business-oriented approach to your litigation goals.

When the courthouse cannot be avoided, our experience as aggressive and trial-tested litigators is invaluable. Our attorneys try dozens of lawsuits each year, almost all of which involve millions of dollars in dispute.

When your business is on the line, it is not the time to be taking chances with an untested lawyer or law firm.

Why hire a firm that says it is "trial ready" when you can be represented by a firm that is "trial tested?" Our clients trust us to handle these high-stakes cases because they know and respect our record and our reputation in the legal community.

Recognized, Successful Trial Record | Cost-Effective Management

Managing attorney fees and costs is critical to the successful handling of any business litigation case. Our business does not succeed unless our clients succeed, so we partner with clients to manage expenses at every stage in a business dispute. Our lawyers are committed to providing service that exceeds expectations at a cost that is manageable to our clients.

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Represented construction contractors in regards to preparation of standard contracts in compliance with Contractors State Licensing Board.

Represented lenders in obtaining and enforcing judgments, including post-judgment collection through judgment debtor examinations, writs and garnishments, and attachments. Represented clients on deficiency judgment matters involving the application of new laws limiting a court's award of a monetary judgment to the amount of consideration paid by an assignee.

Successfully established receivership in contested case where borrower sought to challenge terms, conditions and application of the Deed of Trust.

Represented banks and multinational financial institutions in real estate and commercial loan restructuring and workouts, loan enforcement, non-judicial foreclosures, receiverships and bankruptcies.

Trademark Litigation: Defended a client in the United States District Court against claims of trademark infringement, trademark dilution, unfair competition, (Lanham Act and state claims), and trade libel in a suit filed by a well-known performance automobile designer. Negotiated a favorable resolution involving a licensing deal for the client.

Represented Special Servicers on bank loans in pre-judgment and post-judgment creditors' remedies, including domestication of Sister State and Foreign Judgments, wage garnishments, judgment debtor examinations and attachments to property.

Represented client in settlement of breach of contract claims asserted by educational institution in relation to technology services agreement, preserving relationship between the parties.

Brought a breach of contract case to trial against an international television star, based on a plumbing repair. The court found for our client, the plaintiff plumbing company, awarding the contract price, interest, attorney's fees and litigation costs.

Acted as lead counsel in copyright infringement actions. Although certain media entities had agreed to hold harmless client, the media entities failed to do so with respect to the copyright infringement actions. Obtained summary judgment against the media entities, securing a multi-million dollar judgment.

Obtained nuisance value settlement on behalf of a college bowl association and cosmetics company in a case filed by an original member of a music group for alleged unauthorized use of his likeness and voice and unfair business practices.

A favorable settlement was reached in an action for unfair competition and breach of fiduciary duty regarding title insurance brokers.

Defended claims for breach of contract and breach of fiduciary duty on behalf of the manager of a world-famous band.

Defended a real estate appraiser at trial against allegations of negligence arising out of a fraudulent loan application.

Obtained a favorable settlement for a shoe distributor in a professional liability action filed against the shoe distributor's prior counsel arising out of claims for breach of contract, negligent misrepresentation, concealment, fraud and conversion.

Following a bench trial, judgment was entered in favor of client homeowners association. Disputes involved interpretation of CC&Rs, alleged breach of fiduciary obligations by Board of Directors and architectural issues.

Recovered 100% of funds loaned by client on a promissory note (plus attorneys' fees and costs) to a real estate investor after investor refused to pay back the promissory note.

A high six figure settlement was obtained for client, the victim of trade secret misappropriation involving a multi-sport race event.

A favorable settlement of a class action was reached prior to class certification for alleged violations of Business & Professional Code §17200 against an international money wire transfer company, related to allegations of deceptive currency exchange rate advertisements.

Secured dismissal of television producer defendant of police "reality" show from complex invasion of privacy action filed by out-of-state plaintiffs and followed by news services in several states.

Summary judgment was obtained for a franchisor against personal injury claims made by a customer of franchisee, based upon duties involved in franchisor/franchisee law.

Defense verdict was obtained on behalf of a major television service supplier against claims of breach of contract related to customer service agreement and pricing.

Obtained dismissal of claim on behalf of professional sports team for injuries allegedly sustained by player during off-season.

Represented former cemetery owner in class action claims of re-use of burial plots and failure to disclose practices to new owners.

Successfully established receivership in contested case where borrower sought to challenge terms, conditions and application of the Deed of Trust.

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News and Publications

2019 Southern California Rising Stars Announced Selman Breitman Welcomes New Associates Todd Haas Coaches Coronado High School Mock Trial Team DRI's For the Defense Publishes Article on Diversity Co-Authored by Angelica Zabanal Admitting Fault Is Not a Blank Check for Medical Treatment
David Hynes Joins Selman Breitman's Insurance Coverage Practice in Seattle Admitting Fault Does Not Mean Accepting Plaintiff's Damages Elaine Harwell Recognized for Volunteer Efforts with Lawyers Club of San Diego DRI's The Voice Features Selman’s Defense Win in David Copperfield/MGM Litigation San Francisco Attorneys Named 2018 Super Lawyers and Rising Stars Thomas Vu Joins Selman Breitman's Los Angeles Office Seattle Partners Ranked in 2018 Washington Super Lawyers Las Vegas Attorneys Named 2018 Super Lawyers Kristina Fretwell Joins Selman Breitman in San Diego Robert Yang Joins Selman Breitman's San Francisco Office Two Associates Named to Key Positions With Filipino Bar Association of Northern California 2018 Southern California Rising Stars Announced Selman Breitman Seattle Office Moves to One Union Square Selman Breitman Again Ranked a Law360 Best Law Firm for Female Attorneys Michael Gelfound Joins Selman Breitman's Los Angeles Office Law360 Announces 400 Largest U.S. Law Firms Bridget Moorhead & Elaine Harwell Named 2018 San Diego Super Lawyers Jerry Popovich Inducted into American College of Trial Lawyers Work Vehicle vs. Bicycle: Selman Breitman Prevails, Establishing Plaintiff's Fault & Minimal Damages Selman Breitman Attorneys Honored as 2018 Southern California Super Lawyers Jillian Harvey Joins Selman Breitman as an Associate in San Francisco Former Sedgwick Partner Joins Selman Breitman Selman Breitman Names Eight New Partners Across Four Offices Angelica Zabanal Joins Selman Breitman's San Francisco Office Selman Breitman Continues to Grow With Three New Associates Edson & Walker Win Summary Judgment for Insurance Carrier In Underlying Class Action Suit Selman Breitman Welcomes Michael Carey and Daniel Heath as Associates Loretta Douglas Joins Selman Breitman's Seattle Office Brendan Penney, Former Gibbs Giden Partner, Joins Selman Breitman's Commercial Litigation and Construction Practice Commercial Litigation and Environmental Practice Groups Collaborate to Prevail in Commercial Lease Lawsuit Elaine Fresch and Bradford Hughes Earn CLMP Designation from Claims & Litigation Management Recent Federal Court Decision Allows CA Reject Foreign Corporations Linda Wendell Hsu and Mark Inbody Secure Ninth Circuit Victory in Upholding Summary Judgment For Insurer Under "Contamination" Policy Another Published Appellate Victory By Selman Breitman In Najah V. Scottsdale Insurance Company Is Negligent Supervision of an Intentional Tortfeasor an "Occurrence"? Are Plaintiff's Attorney Fees Covered Under a Standard Business Liability Policy? Litigating Personal Injury Cases in the Rental Car Context - Part One Code of Civil Procedure Section 664.6 Gets 86’d CA Supreme Court Limits Duty Owed to Visitors Using Offsite Parking Lots Misled Consumers Can Obtain Injunctions Against Businesses “Going and Coming” Rule Withstands Special Errand Exception In Application To A Supervisory Employee's Independent Conduct Companies Potentially Liable for Independent Contractors & Third-Party Vendors SCOTUS Rules CA Courts Lack Specific Jurisdiction to Entertain Injury Claims by Non-Residents (Bristol-Myers) Reaffirming Rash – Replacement Value Applies to Cram Down Valuations California Breaks Further from Concepcion: Arbitration Agreements Face Further Challenge Compelled Vocational Examinations of Injured Plaintiffs are Not Permitted in California In-the-Box Agreements: Samsung Case Illustrates Pitfalls of Compelling Contractual Arbitration Voluntary Dismissal of Contract Claims Leads to Involuntary Payment of Attorneys’ Fees Want to Arbitrate? Not So Fast. California Court of Appeals Decision Illustrates Limits to Contractual Obligation to Arbitrate California Limits Availability of Sham Guaranty Defense Ninth Circuit Holds that Arbitration Provision Prohibiting Concerted Actions Violates the National Labor Relations Act and Is Unenforceable California Court Restrains Business Judgment Rule California Civil Code Section 1717 Reciprocal Attorney's Fees Provision Declared Fundamental Policy in California, Overruling Choice-of-Law Provision in Contract Top Five Considerations for California LLCs Under RULLCA Data Crisis: Commercial Insurance in an Era of Cyber Risk Appellate Court Expands Recovery Of Attorneys' Fees On Bodily Injury Case Consumer's right to post a bad online review, AKA "Right To Yelp," will be protected in California by new civil code section 1670.8 effective 01/01/2015 A Tune Up for Mechanic's Lien Laws A California LLC is a Popular and Versatile Type of Business Entity

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Recent Events

Todd Haas to Speak at SDCBA's 2018 Year in Review
Angelica Zabanal to Speak at National Pacific Islander Education Conference
Angelica Zabanal to Speak on Reverse/Mutual Mentoring