Financial Services Litigation

Our litigation attorneys also practice in the financial services and creditor’s rights arena. This practice includes advice, counsel, workouts, litigation, arbitration, bankruptcy and appeals concerning equipment leasing, asset-based lending, mortgage servicing and real estate financing.

We represent financial institutions and associated entities against lender liability, wrongful foreclosure, unfair competition, California Homeowner Bill of Rights, Truth-In-Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act and Fair Debt Collection Practices Act claims.

We have substantial experience in all aspects of creditor’s rights and commercial collections.

Representative matters we have handled include the following:

  • Represented lender and associated employees and entities against HELOC borrower’s claims in Los Angeles Superior Court for fraud, conspiracy, intentional infliction of emotional distress, and injunctive and declaratory relief. Obtained judgments disposing of the matter via demurrer, judgment on the pleadings, and summary judgment. Successfully defended in the outcome in the borrower’s two appeals to the Court of Appeals. Obtained an award of attorneys’ fees in excess of $350,000.00.
  • Represented lender in wrongful foreclosure actions brought in Contra Costa Superior Court and in the U.S. District Court for the Northern District of California for claims for Fair Debt Collection Practices, breach of the covenant of good faith and fair dealing, injunctive and declaratory relief, fraud, unfair competition, and quiet title.
  • Represented lender against borrowers’ claims in Alameda Superior Court for fraud, violation of the Truth in Lending Act, violation of Business & Professions Code § 17200, violation of the Real Estate Settlement Procedures Act, RICO, fraudulent conveyance, Fair Credit Reporting, and quiet title. Obtained judgment of dismissal via demurrer.
  • Represented equipment lessor against lessee’s claims in Los Angeles Superior Court for breach of contract, fraud and rescission. Obtained $31,000.00 judgment via demurrer. Successfully defended that judgment on appeal, and obtained an award of attorney’s fees in excess of $68,000.00.
  • Represented equipment lessor against lessee’s claims in Orange County Superior Court for breach of lease and breach of warranty. Obtained judgment via demurrer. Successfully defended that judgment on appeal, and obtained an award of attorney’s fees in excess of $100,000.00.
  • Represented equipment lessor against lessee’s claims in San Diego Superior Court for breach of contract and breach of warranty. Obtained judgment via demurrer, and award of attorneys’ fees for approximately $33,000.00. Brought action for breach of lease, and obtained summary judgment for an amount in excess of $37,000.00 and further award of attorneys’ fees in excess of $28,000.00.