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Month: January, 2022

Court Sides With Early Sullivan Client After $1M Loan Scheme

In a major bench trial victory, a Court found in favor of Early Sulivan client Cashera Plaza which, in hopes to build a car wash and auto repair center, entered into a $1.13 million construction loan with defendant lender Bian Liao Living Trust. Corporate Asset and Science was appointed as the lender’s fund control agent in the promissory note, with the loan broker named as the trustee of that entity.

After receiving only $140k of the $1.13 million towards entitlement efforts, it was discovered that the fund control agent schemed against Cashera, absconding the rest of the money. The lender then foreclosed without giving proper notice to the client, using an incorrect address and claiming the full loan amount of $1.13 million was due plus interest.

Early Sullivan sued the lender, the fund control agent, and others for breach of contract and fraud, moving to set aside the foreclosure and cancel the foreclosure documents. At Early Sullivan’s request, the Court bifurcated the equitable claims and tried them first. Ultimately, the Court found in Cashera’s favor on the equitable claims of set aside and cancellation of instructions, holding that the fund control agent was the agent of the lender and that fund control and the lender both engaged in fraud and acted with malicious intent by sending the foreclosure notices to a known bad address.

The Early Sullivan team will now try the fraud claims before a jury, bound by the Court’s findings on agency and that the defendants engaged in fraud and acted with malice, leaving the amount of compensatory and punitive damages as the only issues for the jury to decide. The Early Sullivan team was led by Scott Gizer.

Seven Early Sullivan Attorneys Named 2022 Southern California “Super Lawyers”

The firm is pleased to announce that several of its attorneys have been selected for inclusion in Thomson Reuters’ 2022 Southern California “Super Lawyers” list. The “Super Lawyers” distinction is given annually to the nation’s most outstanding attorneys, based on peer recognition, professional achievement, and independent research. Only the top 5% of lawyers in each state are selected to receive this honor.

The following attorneys have been recognized as “Super Lawyers” for their expertise in these practice areas:

Eric Early – Business Litigation (2005-2022)
Scott Gizer – Business Litigation, Real Estate: Business, Employment Litigation: Defense (2005-2008, 2010-2016, 2020-2022)
Sophia Lau – Business Litigation, Entertainment & Sports (2022)
Diane Myint Luczon – Business Litigation (2020-2022)
Stephen Ma – Business Litigation, Real Estate: Business, Entertainment & Sports (2014-2022)
Devin McRae – Entertainment & Sports, Intellectual Property Litigation, Business Litigation (2016-2022)
Bryan Sullivan – Entertainment & Sports, Business Litigation, Business/Corporate (2015-2022)

Bryan Sullivan Speaks to The Hollywood Reporter about the COVID-19 Safety Status Quo on Film and TV Sets

In an article recently published by The Hollywood Reporter, Bryan Sullivan sheds light on how pandemic safety measures are continuing to impact work environments throughout film and TV sets in Hollywood, as well as possible changes to come if the existing COVID-19 safety agreement between top guilds and studios is revisited in the near future. The article highlights entertainment workers’ concerns about current protocols and whether or not they are stringent enough to keep workers protected against COVID-19 variants, especially as many projects have been affected by the wave of omicron cases.

Bryan was skeptical that a mandate for vaccination or testing will be included in any new agreement. “With omicron, while you can still get it while vaccinated, you’re not that sick and rarely do you have to go to a hospital if you’re already reasonably healthy. It’s much more treatable,” he shared. However, he continued to note that more stringent protocols are not completely out of the question, as production delays due to outbreaks can cost studios and guilds millions of dollars.

For more of Bryan’s commentary and insight whether the current protocols will be enhanced in entertainment workplaces, read the full article below. 

Film/TV Sets Under Strain: Is the COVID-19 Safety Status Quo Good Enough?

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