Jeffrey A. Tidus Trial Practice and Case Summaries
Curry v. Dean Witter Reynolds: Successfully defended attorney who handled paperwork for promoters of numerous real estate partnership deals. Thirty four investors sued for securities and common law fraud. Won after 240 day trial over 2 ½ year period, longest in Monterey County history.
Hawthorne Savings v. Reliance Insurance Co.: Successfully tried a directors and officers insurance coverage dispute to a jury. Received a jury verdict awarding the plaintiff $950,000, the total amount of the disputed claim.
Opdyke v. Boinus: Successfully obtained the return of the life story rights to elderly Holocaust heroine who had signed a long term deal for her life story rights for the price of one dollar.
Cal Fed Enterprises v. Beverly Hills Savings: Successfully tried case seeking damages for breach of real estate purchase agreement. Obtained 100 percent of damages requested plus prejudgment interest and attorneys fees.
First Los Angeles Bank v. Lloyds: Achieved settlement of $7.2 million dollar forgery claim for over $6.5 million dollars on proof of loss, plus waiver of $250,000 deductible and subrogation rights potentially worth several million dollars.
Chen v. Magellan Corp.: Dr. Chen sued Magellan Corp. for materials he allegedly provided to Magellan for which no payment had been made. Successfully established at trial that Dr. Chen had fraudulently altered invoices, which in turn lead to a defense judgment.
American Technos v. Trade West: Successfully obtained preliminary injunction barring a sequel video game based on novel argument concerning breach of the covenant of good faith and fair dealing resulting in client receiving a favorable multi-million dollar settlement from the manufacturer.
Tennis Villas at Monarch Beach Homeowners’ Association v. Fiore, Nordberg: Successfully defended law firm accused of negligent handling of $16 million dollar construction defect action. Confidential settlement after eight week trial by law firm and omissions carrier for negligible amount.
Vanounou v. California Federal Bank: Lender liability suit brought over allegedly wrongful foreclosure. Court granted defendant's summary judgment motion and awarded defendant 100 percent of attorneys' fees and costs incurred.
Burnett v. Haight, Brown & Bonesteel: Counsel for law firm sued for wrongful use of plaintiff’s name and invasion of privacy. Won nine day jury trial.
Jurgensen v. Wolver: Successfully defended an attorney, who received as his fee in bankruptcy case the wife’s engagement and wedding ring set, which he then sold rather than holding it until the wife could redeem it as promised. Attorney also allegedly failed to advise clients to use homestead exemption. Resulted in a defense judgment on all claims but one ($1,000 awarded total against lowest settlement demand of $15,000) after four day court trial.
Zini v. San Antonio Community Hospital: Defended hospital sued for intentional misconduct in terminating employment/contract relationship with an Emergency Room Physician. After twenty-three days of jury trial, plaintiff agreed at end of his case to dismiss in exchange for a waiver of costs
Sada v. Community Psychiatric Hospitals: Defended psychologist accused of allowing a clearly psychotic individual to drive himself to her office in an unstable mental condition. Driver killed an oncoming motorist by intentionally steering his car into its path. Defense verdict after two-week jury trial.
Flynn v. Church of Scientology: Defended Boston attorney who was sued twice by the Church of Scientology for a variety of alleged torts. Successfully defended each case. Obtained the first court order that L. Ron Hubbard attend a deposition as the control person of the Church of Scientology. Mr. Hubbard failed to attend the deposition and the case was dismissed. Dismissal affirmed by the Ninth Circuit. Resulted in the Church settling numerous related suits to avoid similar dismissals.
Matek v. Murat: Multi-million federal and state securities law action involving numerous purported general partners. Represented attorney who was accused of conspiring to commit securities fraud. Successfully obtained summary judgment in a federal securities case in seminal decision on when a general partnership interest constitutes a federal security under 9th Circuit precedent. Reported decisions at Matek v. Murat, 638 F. Supp. 775 (C.D. Cal. 1986), affirmed 862 F.2d 720 (9th Cir. 1988).
Harrison v. Sheats: Defended federal securities law action brought by 45 investors seeking several million dollars. Represented attorneys whose names were used without their permission in marketing securities. Successfully opposed attempt by promoters to obtain a "good faith" settlement determination and made new law on interaction between California law on settlements and federal securities law. Harrison v. Sheats, 608 F. Supp. 502 (E.D. Cal. 1985). Resulted in favorable settlement to the clients based on cost of defense.
Southland Mechanical Constructors Corp. v. Nixen: Successfully applied new attorney malpractice statute of limitations to obtain dismissal of $600,000 malpractice claim with substantial probability of liability on merits. Dismissal on pleadings affirmed. Reported decision at Southland Mechanical Constructors Corp. v. Nixen, 119 Cal.App.3d 417 (1981).
City of Montebello v. Peat Marwick: Successfully defended the former City Treasurer (and a practicing CPA) of the City of Montebello, who lost several million dollars in allegedly bad investments. Case dismissed on eve of trial in exchange for waiver of costs.
Lexington Insurance v. Hosp. Granieri: Represented law firm sued for alleged spoliation of evidence. Court sustained demurrer without leave to amend and awarded $75,000 under C.C.P. § 128.5. Affirmed on appeal.
