Gerard Fox Law is proud to announce another victory in a jury trial.  Partner John Rubiner, lead trial counsel, and Associate Cyrus Shahriari, second chair, achieved a successful verdict in a commercial real estate and partnership dispute.  The case involved three consolidated actions and was heard in the Los Angeles Superior Court Complex Civil Litigation Program.  Trial began on November 1, 2016 and concluded on December 6, 2016.  On behalf of their clients, Rubiner and Shahriari prevailed on claims for Breach of Oral Contract, Intentional Misrepresentation, and False Promise Without Intent to Perform and obtained a damages award totaling over $1.5 million.  The jury’s verdict on the intentional misrepresentation claim was unanimous.

The crux of the lawsuit involved an oral contract to pay profits from the purchase and sale of an undeveloped lot in a popular commercial area located in Southern California.  The firm’s clients found the property and brought it to partners and investors, who cut them out of the project after the property was acquired for $6.1 million.  The same undeveloped property was sold less than three years later for $17.25 million. 

At trial, our clients asserted claims for breach of contract, intentional misrepresentation, and false promise without intent to perform.  Some investors also sued one of our clients personally for fraud and breach of fiduciary duty – claims which, if proven, would have had a devastating impact on our client’s career.  In closing argument, the investors demanded over $13 million in damages.  The jury ultimately denied the investors’ claims in all respects.

With Rubiner at the lead, Gerard Fox Law successfully outdueled two firms backed by significantly greater resources and who had agreed to try the case together.  In the face of great adversity, Rubiner and Shahriari overcame obstacles and executed creative legal strategies from jury selection through verdict.  In the middle of trial, Mr. Shahriari prepared and argued a motion in limine to successfully exclude $1.5 million in damages claimed by the investors.  The trial was a hard-fought battle every step of the way and a stunning success for our clients.