LITIGATION
Breach of Contract
Roy Jimenez, a partner at Tredway Lumsdaine & Doyle, LLP, prevails after a five day trial. The elderly clients were wrongfully sued for breach of contract, fraud, breach of fiduciary and other causes of action. Jimenez was successful in impeaching the credibility of the plaintiff with rebuttal exhibits and the Plaintiff’s own witnesses. The clients said they felt ten years younger after the judge ruled in their favor. They were very grateful to Jimenez and the TLD staff that worked so hard in their behalf.
BUSINESS TRANSACTIONS
Sale of Business
Tredway Lumsdaine & Doyle successfully assisted a client to close the purchase of a large commercial restaurant. The owner/operator needed to sell the building to raise cash. Tredway Lumsdaine & Doyle assisted with negotiation of the Purchase Agreement with appropriate set-asides for an exceptional security deposit to protect our client. The purchase included a reverse-1031 exchange by our client, and a lease-back of the property to the seller as tenant. Tredway Lumsdaine & Doyle also assisted with all due diligence while our client became ill and was hospitalized. Tredway Lumsdaine & Doyle was also able to assist buyer in negotiating a lower interest rate from the bank. The transaction closed without problems and on time with TLD assistance.
FAMILY LAW
Mother Allowed to Relocate with New Spouse
Result: Mother was authorized to move children with her to east coast with visitation between
the Father and children during summer breaks.
Case Summary: Tredway Lumsdaine & Doyle successfully negotiated an agreement to modify child custody and visitation orders to allow a Mother to move with her new spouse who was in the military and had been relocated to the east coast. The Mother and Father had shared custody of the children with Father having regular weekend visitation. However, Tredway Lumsdaine & Doyle aggressively pursued a move away order with the Court ultimately convincing the Father that it was in the best interest of the children to be allowed to move with their Mother and half-siblings to the east coast.
Guardianship for Paternal Grandparents After Parents Accused of Neglect and Abuse
Result: Paternal Grandparents were awarded permanent guardianship of two young children.
Visitation awarded to the Father and to Maternal Grandparents.
Case Summary: Tredway Lumsdaine & Doyle represented the Paternal Grandparents of two children who were in the care of their Maternal Grandparents. The Maternal Grandparents had take control of the children from the children’s mother who was accused of drug use and mental instability. The matter involved a heated dispute between the Maternal Grandparents who accused the father of having sexually abused the children and the Paternal Grandparents who defended their son against the abuse allegations and who believed Maternal Grandparents were alienating the children from their parents and extended family. After the father was cleared of the sexual abuse allegations, the dispute persisted as the Maternal Grandparents refused to give up custody of the children. After several days of trial, Tredway Lumsdaine & Doyle was able to show the Court that it was in the best interest of the children to put them in the care of their Paternal Grandparents and to allow visitation to the Father and Maternal Grandparents.
LEGAL MALPRACTICE CLAIM
Legal Malpractice and Breach of Fiduciary Duty
Settlement: Over Seven Figures (Amount Confidential)
Tredway, Lumsdaine & Doyle, represented a client with legal malpractice and breach of fiduciary duty claims against a law firm. Through aggressive discovery and law and motion tactics, the firm was able to achieve a favorable settlement from defendants who insisted from the outset they would never pay Plaintiff a dime.
PERSONAL INJURY AND WRONGFUL DEATH
Recovery for Family of Woman in Fatal Car Crash
Settlement: $1.3 million
Case Summary: Tredway Lumsdaine & Doyle represented the guardian of a two year old girl devastated by the wrongful death of her mother. The child was present in the car when her mother was killed by an out of control truck. Tredway Lumsdaine & Doyle worked with experts on the challenge of ascertaining a monetary figure that would help ease the young girl’s loss and compensate her for the economic and non-economic damages. As Tredway Lumsdaine & Doyle is also practiced in estate planning and asset protection, our attorneys were able to also create an irrevocable trust for funds after settlement to ensure that the child would have long term benefits from the settlement.
Recovery for Widow of Man Injured at Construction Site
Jury Verdict: $700,000.00
Case Summary: Tredway Lumsdaine & Doyle represented a widow of a man who was injured and later died as a result of an accident at a construction site caused by a defective product. The case required expert testimony and in-depth research and analysis on the comparative liability of manufacturers, distributors and the installers of the defective product.
Recovery for Family of Man in Fatal Bicycle Accident
Jury Verdict/Settlement: $500,000.00
Case Summary: Tredway Lumsdaine & Doyle represented a widow and children in the wrongful death of a experienced bicyclist who was killed by a oil tanker truck. It was a catastrophic loss to his wife and three children, and we had the opportunity to fight a large oil company to achieve justice for the family, and also provide some modicum of comfort, at least financially. After a ten day jury trial, the jury returned a verdict finding the defendants liable after one day of deliberation. After the jury found liability, the defendants quickly settled on damages.
Recovery for Woman Injured in Fall
Settlement: $177,000.00
Case Summary: Tredway Lumsdaine & Doyle represented a lovely elderly lady who suffered a broken hip after she fell while being mis-handled on a doctor’s office examination table. Our client was elderly yet still had a substantial and full life ahead of her had she not been injured. Forcing the defendants’ insurers to compensate our client required substantial expert analysis and legal maneuvering.
Recovery for Children of Parents Killed by Drunk Driver
Settlement: $900,000.00 ($100,000.00 from drunk driver; $800,000.00 from the an Orange
County municipality)
Case Summary: Our clients were children whose parents were killed as a result of a drunk driver. The accident was caused in part by poor maintenance of the streets and vegetation on the road’s center divider. Tredway Lumsdaine & Doyle was successful in negotiating a settlement from both the driver who caused the accident and from the city for their failure to properly maintain the intersection to reduce accidents.
PROBATE AND TRUST LITIGATION
Trust Reformed to Allow Marital Tax Deduction
Court Order: Trust could be reformed to allow marital tax deduction, saving beneficiaries
millions of dollars
Case Summary: Tredway Lumsdaine & Doyle represented the Successor Trustee of a Trust with over $9 million in assets. The Trust had been drafted by a different lawfirm who failed to insert the necessary provisions to let the Trust take advantage of tax breaks given when one spouse dies and leaves money to the surviving spouse. Although the Trust was irrevocable because the Trustor had passed away, and therefore could not usually be changed, Tredway Lumsdaine & Doyle successfully petitioned the Court to allow the appropriate changes such that the surviving spouse would benefit from the tax break and save the Trust millions of dollars in taxes.
Trust Amendment Upheld
Judgment: Amendment to Living Trust was Upheld and Found Not Result of Undue Influence;
Client inherited assets including two pieces of real property
Case Summary: Tredway Lumsdaine & Doyle represented the youngest son in a large family whose learned after his father passed away that the father had amended his living trust to leave nearly all assets to the youngest son. Several of our client’s siblings sued to have the amendment declared invalid as the product of undue influence and also alleging that the father was abused by the youngest son and did not have the capacity to change the family trust. Tredway Lumsdaine & Doyle was able to show the Court that the trust amendment was valid and that the gift to the youngest son justified and proper.
Court Finds Undue Influence in Trust Contest Case
Court Judgment: Estate Plan Invalidated due to Undue Influence; Prior Trust Benefitting Client
Restored
Case Summary: Tredway, Lumsdaine & Doyle successfully represented a Plaintiff, the sole beneficiary and successor trustee, in a trust contest. Plaintiff’s elder sister was a widow who had no children and was in her late 90s when she was coerced and unduly influenced by her late husband’s middle aged son to execute a new estate plan. The new estate plan essentially gave all of her assets to him. Interestingly enough, the son had a brother, yet the estate plan documents excluded the brother from any assets in the trust. All actions taken by the stepson were done in an effort to take control of his step mother’s estate at the detriment of our client. Our firm took this case to verdict and received a ruling that Plaintiff’s sister was unduly influenced and lacked capacity regarding this newly executed estate plan that was executed only a few years before she died. Furthermore, the prior trust was reaffirmed and all of assets transferred out of this prior trust was ordered to be returned by the stepson.
Beneficiaries Rights Protected in Physicians Estate
Case Summary: Tredway, Lumsdaine & Doyle successfully resolved a matter involving three beneficiaries of a very successful physician’s estate. The case involved the trustee, also a beneficiary, who created two new trusts to shelter the physician’s estate from creditors. Such an action created the suspicion that this “asset protection plan” was to benefit only that beneficiary/trustee. As part of the asset protection plan, a fraudulent deed of trust in the amount of $315,000 was recorded against the physician’s primary residence in favor of the trustee/beneficiary without any knowledge by the other two beneficiaries. During trial, the parties entered into a stipulated global settlement that resolved all matters without the additional time and expense of going to verdict.
