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Month: August, 2022
Early Sullivan Wright Gizer & McRae has Judgment Affirmed in favor of Client Sun West Mortgage Company
Category: News | Friday, August 26th, 2022 | Comments Off on Early Sullivan Wright Gizer & McRae has Judgment Affirmed in favor of Client Sun West Mortgage Company
The California Court of Appeal, Second Appellate District, upheld the validity of a trial court’s finding that Early Sullivan client Sun West Mortgage Company, Inc. prevailed on claims of breach of contract and indemnity against First Alliance Home Mortgage, LLC (First Alliance). The matter was handled at trial and on appeal by Early Sullivan attorneys Scott Gizer and Diane Myint Luczon.
First Alliance had issued a loan to a borrower to refinance an investment property. First Alliance then sold the loan to Sun West, which in turn sold the loan to Fannie Mae. When it was determined that the borrower lacked sufficient cash reserves to satisfy Fannie Mae’s guidelines, Fannie Mae demanded that Sun West repurchase the loan. Pursuant to an agreement that governed Sun West’s initial purchase of the loan from First Alliance, Sun West demanded that First Alliance repurchase the loan from Sun West. First Alliance refused.
On appeal, First Alliance argued that the trial court erred in: (1) ordering specific performance of the parties’ agreement by requiring First Alliance to repurchase the loan instead of awarding ordinary contract damages to Sun West; (2) awarding excessive attorney fees and costs (3) selecting a prejudgment interest rate of 10 percent instead of the 4.5 percent rate applicable to the underlying loan; and (4) applying that 10 percent interest rate to the repurchase price rather than what First Alliance contends are Sun West’s actual damages.
On the facts and procedural background pertinent to the appeal, the Court of Appeal affirmed the trial court’s order finding the relief granted to Sun West was properly prayed for in the Complaint, the amount of fees awarded were appropriate based on the relief obtained, and that the prejudgment interest awarded was correct.
Click Download PDF to read the full Opinion.
Early Sullivan Case Result Listed Among “Top 100 Verdicts” in California for 2021
Category: Awards | Monday, August 22nd, 2022 | Comments Off on Early Sullivan Case Result Listed Among “Top 100 Verdicts” in California for 2021
The firm is pleased to announce that an outstanding result achieved by the firm was listed among TopVerdicts.com’s “Top 100 Verdicts” in California for 2021. Scott Gizer was singled out for his work in the case of Rottman v. Kesler, in which he attained a high-value verdict on behalf of the firm’s client. The honor is granted to law firms and attorneys obtaining the highest jury verdicts, bench awards, or settlements each year.
In this matter, Scott and the firm represented Plaintiff Dion Rottman, who purchased what he believed to be a permitted and certified “sit-down” restaurant from Defendant, only to realize upon resale it was registered with a “take-out” certificate of occupancy. Rottman sued Defendant for breach of contract, breach of the implied covenant of good faith and fair dealing, and negligent misrepresentation. After the initial ruling in the favor of Defendant, Rottman was able to reverse the judgment, receiving a $150,000 verdict.
To view the full list of 2021 California “Top 100 Verdicts,” click below.
2021 “Top 100 Verdicts” in California – Rottman v. Kesler
Eleven Early Sullivan Attorneys Named “Best Lawyers in America;” Four Named to “Best Lawyers – Ones to Watch”
Category: Awards, News | Thursday, August 18th, 2022 | Comments Off on Eleven Early Sullivan Attorneys Named “Best Lawyers in America;” Four Named to “Best Lawyers – Ones to Watch”
Early Sullivan attorneys Eric Altoon, Eric Early, David Giannotti, Scott Gizer, Sophia Lau, Stephen Ma, Devin McRae, Diane Myint Luczon, Christopher Ritter, Peter Scott, and Bryan Sullivan have been recognized among the top lawyers in the nation in the 2023 edition of “The Best Lawyers in America,” one of the oldest and most distinguished guides to the legal profession.
The following attorneys earned a spot in the 2023 edition for their work in the following practice areas:
- Eric Altoon – Real Estate Law
- Eric Early – Commercial Litigation; Entertainment Law – Motion Pictures and Television; Entertainment Law – Music; Litigation – Real Estate
- David Giannotti – Environmental Law; Litigation – Environmental
- Scott Gizer – Commercial Litigation
- Sophia Lau – Commercial Litigation; Entertainment Law – Music; Litigation – Intellectual Property
- Stephen Ma – Entertainment Law – Music
- Devin McRae – Entertainment Law – Motion Pictures and Television; Litigation – Intellectual Property
- Diane Myint Luczon – Commercial Litigation
- Christopher Ritter – Entertainment Law – Motion Pictures and Television; Litigation – Intellectual Property
- Peter Scott – Commercial Litigation
- Bryan Sullivan – Commercial Transactions / UCC Law; Entertainment Law – Music
Additionally, four Early Sullivan attorneys were named to “Best Lawyers: Ones to Watch.” This list recognizes younger attorneys who have achieved outstanding professional excellence. The following attorneys earned a spot in the 2023 edition for their work in the following practice areas:
- Rebecca Claudat – Litigation – Labor and Employment
- Ryan Hemar – Family Law
- Garrick Vanderfin – Real Estate Law
- Padideh Zagari – Real Estate Law
“Best Lawyers” is one of the oldest and most respected guides to the legal industry. The selection process is based on a comprehensive peer-review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within common legal practices and geographical areas. Corporate Counsel magazine has called “The Best Lawyers in America” “the most respected referral list of attorneys in practice.”
Bryan Sullivan Sheds Light on Entertainment Copyright Claims for The Hollywood Reporter
Category: Press | Tuesday, August 16th, 2022 | Comments Off on Bryan Sullivan Sheds Light on Entertainment Copyright Claims for The Hollywood Reporter
Bryan Sullivan was recently quoted in The Hollywood Reporter in an article that explores story theft claims in Hollywood. The article outlines that, while many movies share similarities with others in the same genre, there is grounds for a copyright claim when two works are substantially similar and it can be proven that the most recent creator had access to the previous work. Notably, ideas sent through scripts and pitched in meetings are the frequent subjects of copyright claims, but Bryan shares that claims like these are often rooted in misunderstanding.
“If you pitched it to them looking for feedback, like ‘Hey, what do you think of this idea,’ you don’t have any right to sue them if they go off and are hugely successful with the expression of the idea,” Bryan shares.
The full article can be found below.
That Was My Idea! How Hollywood Is Avoiding Story Theft Claims
The Hollywood Reporter Covers Early Sullivan’s Early Success in Lawsuit Against Endeavor
Category: Press | Thursday, August 4th, 2022 | Comments Off on The Hollywood Reporter Covers Early Sullivan’s Early Success in Lawsuit Against Endeavor
The Hollywood Reporter recently covered an L.A. Superior Court ruling that the entertainment and representation company Endeavor must face a claim of Early Sullivan client and media and technology consultant David Carde alleging that his idiosyncratic analysis of the company’s business model was used heavily in Endeavor’s communications with the market leading to its $10.3 billion IPO in 2021.
The article can be found below.
Endeavor Can’t Evade Consultant’s Suit Over IPO Marketing