Lan Quach was again selected for inclusion in the Southern California Rising Stars list for 2011 and 2012. This honor is awarded to only 2.5% of lawyers in Southern California who are 40 years old or younger or who have been in practice 10 years or less. Lan has been selected for inclusion in the Southern California Rising Stars list for eight consecutive years.
Sunday, July 1, 2012
Wednesday, February 1, 2012
Don A. Proudfoot, Jr. Is Again Named to the Southern California Super Lawyers list for 2011 and 2012
Don Proudfoot, Jr. is again selected to the Southern California Super Lawyers list for 2011 and 2012. This is a great honor as only 5 percent of the lawyers in Southern California are selected for inclusion in Super Lawyers. Don's name appeared in the February 2011 and 2012 editions of Southern California Super Lawyers. Don has been named to the Super Lawyers list for eight consecutive years.
Friday, July 16, 2010
Lan Quach is again selected for inclusion in the Southern California Rising Stars list for 2010 and Lan was featured in an article that appeared in the July 2010 issue of Southern California Super Lawyers – Rising Stars Edition, "Rescued by an Ark," written by Suzy Frisch
Lan Quach was again selected for inclusion in the Southern California Rising Stars list for 2010.
This honor is awarded to only 2.5% of lawyers in Southern California who are 40 years old or younger or who have been in practice 10 years or less.
Lan has been selected for inclusion in the Southern California Rising Stars list for six consecutive years.
The 2010 Southern California Rising Stars list was published in the July 2010 issue of Los Angeles magazine and the July 2010 issue of Southern California Super Lawyers – Rising Stars Edition.
Lan was also featured in an article that appeared in the July 2010 issue of Southern California Super Lawyers – Rising Stars Edition. "Rescued by an Ark," written by Suzy Frisch. To click on a copy of that article published on the Superlawyers.com website, click here: http://www.superlawyers.com/california-southern/article/Rescued-by-an-Ark/2c7bdc5d-f059-432a-81fc-fb55853c19f6.html
If the link does not work, the article is also re-printed below with permission from Super Laywers.
Rescued by an Ark
By Suzy Frisch
Lan Quach
Published in Southern California Rising Stars 2010 — July 2010
Life in Vietnam in the early 1970s had gotten so repressive that Lan Quach’s father knew he needed to get his family out. But he didn’t have the resources to buy a boat or pay their way. So he taught himself to build a boat. In secret he constructed a vessel that would be big enough to hold 150 people.
When the time came to escape in September 1981, Quach, her six siblings, parents and 17 others successfully made their way to the boat. The police had been tipped off and they started arresting other relatives and friends. The family, devasted to leave people behind, grasped at its last chance and spent 30 hours at sea before a German freighter rescued them.
After about 10 months in a Philippine refugee camp, their application for an immigrant visa was granted and the Quaches flew to California to meet up with Quach’s grandmother. When 5-year-old Quach and her family arrived, they spoke no English and had few possessions. But her parents instilled in Quach a craving for education and a deep love for America.
“The opportunities presented to us here, you don’t get that anywhere else. I knew that as long as I worked hard, I could do anything I wanted,” she says. “I got to go to college and law school—it’s amazing. I see why my dad risked everything so we could have that opportunity.”
After law school at UCLA, Quach worked in commercial litigation at a large firm. In 2007 she joined with a co-worker to start Proudfoot & Quach as a woman-/minority-owned business. Quach wanted to be her own boss, handle a varied caseload of litigation and appeals, and help others through pro bono work.
“I understand what it’s like to not have money, and in our legal system it’s important to have good representation,” she says. “We want to give back.”
Published in Southern California Rising Stars 2010 — July 2010
This honor is awarded to only 2.5% of lawyers in Southern California who are 40 years old or younger or who have been in practice 10 years or less.
Lan has been selected for inclusion in the Southern California Rising Stars list for six consecutive years.
The 2010 Southern California Rising Stars list was published in the July 2010 issue of Los Angeles magazine and the July 2010 issue of Southern California Super Lawyers – Rising Stars Edition.
Lan was also featured in an article that appeared in the July 2010 issue of Southern California Super Lawyers – Rising Stars Edition. "Rescued by an Ark," written by Suzy Frisch. To click on a copy of that article published on the Superlawyers.com website, click here: http://www.superlawyers.com/california-southern/article/Rescued-by-an-Ark/2c7bdc5d-f059-432a-81fc-fb55853c19f6.html
If the link does not work, the article is also re-printed below with permission from Super Laywers.
Rescued by an Ark
By Suzy Frisch
Lan Quach
Published in Southern California Rising Stars 2010 — July 2010
Life in Vietnam in the early 1970s had gotten so repressive that Lan Quach’s father knew he needed to get his family out. But he didn’t have the resources to buy a boat or pay their way. So he taught himself to build a boat. In secret he constructed a vessel that would be big enough to hold 150 people.
When the time came to escape in September 1981, Quach, her six siblings, parents and 17 others successfully made their way to the boat. The police had been tipped off and they started arresting other relatives and friends. The family, devasted to leave people behind, grasped at its last chance and spent 30 hours at sea before a German freighter rescued them.
After about 10 months in a Philippine refugee camp, their application for an immigrant visa was granted and the Quaches flew to California to meet up with Quach’s grandmother. When 5-year-old Quach and her family arrived, they spoke no English and had few possessions. But her parents instilled in Quach a craving for education and a deep love for America.
“The opportunities presented to us here, you don’t get that anywhere else. I knew that as long as I worked hard, I could do anything I wanted,” she says. “I got to go to college and law school—it’s amazing. I see why my dad risked everything so we could have that opportunity.”
After law school at UCLA, Quach worked in commercial litigation at a large firm. In 2007 she joined with a co-worker to start Proudfoot & Quach as a woman-/minority-owned business. Quach wanted to be her own boss, handle a varied caseload of litigation and appeals, and help others through pro bono work.
“I understand what it’s like to not have money, and in our legal system it’s important to have good representation,” she says. “We want to give back.”
Published in Southern California Rising Stars 2010 — July 2010
Monday, February 1, 2010
Don A. Proudfoot, Jr. Is Again Named to the Southern California Super Lawyers list for 2010
Don Proudfoot, Jr. is again selected to the Southern California Super
Lawyers list for 2010. This is a great honor as only 5 percent of the lawyers in Southern California are selected for inclusion in Super Lawyers. Don's name appeared in the February 2010 edition of Southern California Super Lawyers. Don has been named to the Super Lawyers list for six
consecutive years.
Lawyers list for 2010. This is a great honor as only 5 percent of the lawyers in Southern California are selected for inclusion in Super Lawyers. Don's name appeared in the February 2010 edition of Southern California Super Lawyers. Don has been named to the Super Lawyers list for six
consecutive years.
Thursday, January 7, 2010
San Gabriel Valley Bar Association Board of Directors Elect Lan Quach as its 2010 Vice President
Today, at the monthly board of directors meeting for the San Gabriel Valley Bar Association, the board elected Lan Quach to serve as its Vice President.
Wednesday, January 6, 2010
Proudfoot & Quach LLP Received Its Certification as a Women and Minority-Owned Business by Supplier Clearinghouse
Today, in accordance with General Order 156, our law firm, Proudfoot & Quach LLP, received its WMBE certification(Women and Minority-Owned Business Entity) from The Supplier Clearinghouse. We look forward to working with public utilities participating in the Utility Supplier Diversity Program.
Wednesday, December 30, 2009
Great decision from California Court of Appeal
After arguing before the Court of Appeal on October 28, 2009, we received the Court of Appeal decision today. It was a good decision. Our client had a judgment in excess of $80,000 against him at the trial court (we were not the trial attorneys), and he asked us to assist in his appeal. One of our goals was to reverse the judgment because it should not have been entered. The Court of Appeal agreed with our argument and reversed the judgment in excess of $80,000.
Sunday, October 25, 2009
We Are Moving!
Proudfoot & Quach LLP is pleased to announce that we will be moving to a new location and expanding our offices. Effective November 1, 2009, our new address and telephone and facsimile number will be:
70 South Lake Avenue
10th Floor
Pasadena, CA 91101-4706
Telephone: (626) 463-7386
Facsimile: (626) 208-1881
Our email addresses and website remain the same.
The attorneys at Proudfoot & Quach LLP are excited about this move and our continuing focus on high quality, cost effective commecial and business litigation and appeals.
70 South Lake Avenue
10th Floor
Pasadena, CA 91101-4706
Telephone: (626) 463-7386
Facsimile: (626) 208-1881
Our email addresses and website remain the same.
The attorneys at Proudfoot & Quach LLP are excited about this move and our continuing focus on high quality, cost effective commecial and business litigation and appeals.
Tuesday, October 6, 2009
Don A. Proudfoot, Jr. served as settlement mediator for two cases in Pasadena
Don A. Proudfoot, Jr. was invited to be on the panel of, and act as, a settlement mediator for the Los Angeles Superior Court alternative dispute resolution program (VSC), which focuses on trying to facilitate resolution of personal injury cases. He completed his training in the summer of 2009 and then immediately got a request to act as a settlement mediator for two cases in Pasadena, California.
Friday, September 11, 2009
Don A. Proudfoot, Jr. spoke on Anti-SLAPP litigation before San Gabriel Valley Bar Associaton
Don Proudfoot and Lan Quach are both members of the San Gabriel Valley Bar Association, which is a great organization. The cost to join is only $125 per year and that includes the cost of the monthly MCLE lunches. For anyone who is a member of other bar associations, they know this is a great deal. Everyone in the SGVBA is very nice and we both enjoy the monthly MCLE lunches.
Lan was scheduled to give a talk on Anti-SLAPP (Strategic Lawsuits Against Public Participation) litigation, but the meeting was moved from September 4th to September 11th and it conflicted with her flight to Hong Kong on September 10th. Given the need to have a last minute replacement, Don said he would give the speech instead. That is the advantage of having such a smart and reliable business partner.
Don gave the speech on Anti-SLAPP litiation on September 11th and everyone thoroughly enjoyed it and found it very useful. Great job, Don.
Lan was scheduled to give a talk on Anti-SLAPP (Strategic Lawsuits Against Public Participation) litigation, but the meeting was moved from September 4th to September 11th and it conflicted with her flight to Hong Kong on September 10th. Given the need to have a last minute replacement, Don said he would give the speech instead. That is the advantage of having such a smart and reliable business partner.
Don gave the speech on Anti-SLAPP litiation on September 11th and everyone thoroughly enjoyed it and found it very useful. Great job, Don.
Wednesday, July 1, 2009
Lan Quach is again selected for inclusion in the Southern California Rising Stars list for 2009
Lan Quach was again selected for inclusion in the Southern California Rising Stars list for 2009.
This honor is awarded to only 2.5% of lawyers in Southern California who are 40 years old or younger or who have been in practice 10 years or less.
Lan has been selected for inclusion in the Southern California Rising Stars list for five consecutive years.
This honor is awarded to only 2.5% of lawyers in Southern California who are 40 years old or younger or who have been in practice 10 years or less.
Lan has been selected for inclusion in the Southern California Rising Stars list for five consecutive years.
Wednesday, February 25, 2009
Recent Successes for Proudfoot & Quach LLP
The attorneys at Proudfoot & Quach LLP had a very successful year in 2008 and 2009. Here's a few of the cases we worked on in 2008 and 2009:
• We successfully settled a matter for a hotel client with respect to uninsured losses from a fire in a restaurant tenant’s premises. When we entered the case, it had been pending for 1 year, without our client’s knowledge, as a subrogation case originally brought by another tenant whose premises suffered damages caused by the firefighting efforts. Our client’s insurance company had also brought a claim against the restaurant owner to recover the amount it paid our client under the insurance policy. We immediately filed a complaint in intervention to seek uninsured losses against the restaurant tenant and various other parties. The mediation was continued to provide time for our client to conduct its investigation and we were able to establish that our client had sustained recoverable losses substantially greater than the client was initially aware of, particularly in the areas of business income loss and code upgrades. Within six months, the case settled at the continued mediation session with a high 6 figure amount paid to our client. Since the total amount of insurance coverage was less than the claims, our client’s recovery effectively came out of the amount that its insurer would have otherwise obtained in the subrogation action since the insured has the right to the first dollars (vis a vis it’s carrier) from the settlement funds.
• We successfully represented a client on an appeal from an adverse judgment in a case tried by different trial counsel. The dispute was a complicated one in which our client claimed it was owed money under a note it received many years before and that it was entitled to purchase time on a TV station at a favorable rate. One of the defendants had a cross complaint for fraud against our client. The trial judge granted a non suit against our client at the close of the case and then granted a non suit to our client on the cross complaint. The trial judge also entered an award of attorneys’ fees and costs against our client in excess of $2 million. Our client appealed and the defendant cross appealed. The Court of Appeal not only reversed the judgment in favor of the defendants on our client’s complaint [including the attorneys’ fees and costs award of in excess of $2 million], it also affirmed the non suit in our client’s favor on the cross complaint. A rehearing was denied as was a petition for review. The result is that our client now has an opportunity to recover on its complaint and to present evidence that it had been previously precluded from presenting on parol evidence grounds, without exposure to judgment on a cross-complaint.
• We were engaged by counsel for a company on a Thursday afternoon to review and conduct an analysis of a significant number of documents relating to financing which was about to be declared in default. We drafted a fraud complaint against the lender and employees of the lender by the end of Monday. The draft complaint was then used by the counsel to work out a favorable resolution of the alleged default for the client, thus permitting it to proceed with its project.
• We successfully settled a matter for a hotel client with respect to uninsured losses from a fire in a restaurant tenant’s premises. When we entered the case, it had been pending for 1 year, without our client’s knowledge, as a subrogation case originally brought by another tenant whose premises suffered damages caused by the firefighting efforts. Our client’s insurance company had also brought a claim against the restaurant owner to recover the amount it paid our client under the insurance policy. We immediately filed a complaint in intervention to seek uninsured losses against the restaurant tenant and various other parties. The mediation was continued to provide time for our client to conduct its investigation and we were able to establish that our client had sustained recoverable losses substantially greater than the client was initially aware of, particularly in the areas of business income loss and code upgrades. Within six months, the case settled at the continued mediation session with a high 6 figure amount paid to our client. Since the total amount of insurance coverage was less than the claims, our client’s recovery effectively came out of the amount that its insurer would have otherwise obtained in the subrogation action since the insured has the right to the first dollars (vis a vis it’s carrier) from the settlement funds.
• We successfully represented a client on an appeal from an adverse judgment in a case tried by different trial counsel. The dispute was a complicated one in which our client claimed it was owed money under a note it received many years before and that it was entitled to purchase time on a TV station at a favorable rate. One of the defendants had a cross complaint for fraud against our client. The trial judge granted a non suit against our client at the close of the case and then granted a non suit to our client on the cross complaint. The trial judge also entered an award of attorneys’ fees and costs against our client in excess of $2 million. Our client appealed and the defendant cross appealed. The Court of Appeal not only reversed the judgment in favor of the defendants on our client’s complaint [including the attorneys’ fees and costs award of in excess of $2 million], it also affirmed the non suit in our client’s favor on the cross complaint. A rehearing was denied as was a petition for review. The result is that our client now has an opportunity to recover on its complaint and to present evidence that it had been previously precluded from presenting on parol evidence grounds, without exposure to judgment on a cross-complaint.
• We were engaged by counsel for a company on a Thursday afternoon to review and conduct an analysis of a significant number of documents relating to financing which was about to be declared in default. We drafted a fraud complaint against the lender and employees of the lender by the end of Monday. The draft complaint was then used by the counsel to work out a favorable resolution of the alleged default for the client, thus permitting it to proceed with its project.
Sunday, February 1, 2009
Don Proudfoot, Jr. is again selected to the Southern California Super Lawywers list for 2009
Don Proudfoot, Jr. is again selected to the Southern California Super
Lawyers list for 2009. This is a great honor as only 5 percent of the lawyers in Southern California are selected for inclusion in Super Lawyers. Don's name appeared in the February 2009 edition of Southern California Super Lawyers. Don has been named to the Super Lawyers list for five consecutive years.
Lawyers list for 2009. This is a great honor as only 5 percent of the lawyers in Southern California are selected for inclusion in Super Lawyers. Don's name appeared in the February 2009 edition of Southern California Super Lawyers. Don has been named to the Super Lawyers list for five consecutive years.
Thursday, January 1, 2009
Profile for Don A. Proudfoot, Jr., Attorney at Law
Don A. Proudfoot, Jr. is an attorney with more than 40 years of experience representing clients in complex commercial litigation matters and appeals often involving international transactions and clients from other countries.Mr. Proudfoot has substantial experience in banking, trade secrets, anti-trust, real estate, personal injury (defendant and plaintiff), insurance coverage, products liability, class action litigation, employment termination, libel, claims against government entities under section 1983, and the Foreign Sovereign Immunities Act. He has taken and defended depositions in Japan, Hong Kong, England, Italy and Russia. He has had many jury and bench trials in both federal and state trial courts in California and in federal courts in New York and New Mexico.
Mr. Proudfoot has worked on more than 70 appeals and writs. He wrote the briefs and argued a number of cases in which the published opinions established important legal precedents:
* First Empire Bank v. Federal Deposit Ins. Corp. (9th Cir. 1978) 572 F.2d 1361 which established FDIC liability for uniform treatment in purchase and assumptions and led to the FDIC and FSLIC adopting the “First Empire Rule”
* Monte Carlo Shirt Corp. v. Daewoo Int’l (America) (9th Cir. 1983) 707 F.2d 1054, an important common law trademark and infringement case
* Gluskin v. Atlantic Savings and Loan Assn. (1973) 32 Cal.App.3d 307, still a frequently cited case with respect to subordination clauses in real estate loan transactions
* Board of County Commissioners of San Juan County v. Liberty Group, 965 F.2d 879 (10th Cir. 1992), cert denied 506 U.S. 918 (1992) upholding the dismissal of a RICO claim and finding use of negligence as opposed to scienter instruction in Rule 10b-5 case, required reversal of a jury verdict
* Pubali Bank v. City National Bank (9th Cir.1982) 676 F.2d 1326 which established that when an advising bank presented fraudulent documents in support of a draw on a commercial letter of credit, it was liable to the issuing bank for its loss
Prior to forming Proudfoot & Quach LLP, Mr. Proudfoot practiced law with an international law firm and founded the Los Angeles litigation department of a national law firm and headed it for more than twenty years.
Education
* J.D. – Stanford Law School
Order of the Coif
Recent Developments Editor of the Stanford Law Review, Vol. 15
* B.A. – Stanford University
With honors, with great distinction
Bar Admissions
* California Southern District Court
* California Northern District Court
* California Eastern District Court
* California Central District Court
* 9th Circuit Court of Appeals
* 10th Circuit Court of Appeals
* United States Supreme Court
Activities
* Settlement Mediator for Los Angeles Superior Court Alternative Dispute Resolution Program
Distinctions
* 2005 Southern California Super Lawyer
* 2006 Southern California Super Lawyer
* 2007 Southern California Super Lawyer
*2008 Southern California Super Lawyer
*2009 Southern California Super Lawyer
*2010 Southern California Super Lawyer
* 2011 Southern California Super Lawyer
* 2012 Southern California Super Lawyer
* Martindale-Hubbell "AV" Peer Review Rated (Indicates that the attorney's peers ranked the attorney at the highest level of professional excellence.)
* 2010 Top Attorneys, Pasadena Magazine
* 2011 Top Attorneys, Pasadena Magazine
* 25th Anniversary Obtaining AV Rating
Publications
* “The Tar Baby”: Maritime Personal Injury Indemnity Actions, 20 Stan. L. Rev. 423 (1968) (cited by the United States Supreme Court, several of the federal appellate circuits, and numerous times in Gilmore and Black, The Law of Admiralty)
* Book Review, Norris, Maritime Personal Injury UCLA Law Rev. (1968)
* “Common Law Trademark Infringement, Trademark Dilution & Lanham Act—Section 43(a),” 217 PLI/PAT (1986) [Program Speaker]
Profile for Lan T. Quach, Attorney at Law
Lan T. Quach is an attorney who concentrates on complex commercial litigation and mediation in federal and state cases and appeals. Ms. Quach’s practice includes real estate issues, trade secrets, products liability, contract and business litigation, unlawful detainer, and construction litigation.
Ms. Quach has conducted multiple trials and was lead trial counsel in the successful defense of a suit for specific performance of a real estate sale contract. She is familiar with all aspects of litigation including drafting complaints and answers, taking and defending depositions, drafting and responding to discovery, arguing motions in court, and engaging in settlement negotiations.
Ms. Quach has co-authored several appeal briefs, including two appeals involving an alleged wrongful foreclosure on a shopping center and a complex commercial dispute.
Ms. Quach is currently a board member of the San Gabriel Valley Bar Association.
Education
* J.D. – University of California, Los Angeles School of Law
* B.A. – University of California, San Diego
Bar Admissions
* California Central District Court
* 9th Circuit Court of Appeals
Distinctions
* 2005 Southern California Rising Star
* 2006 Southern California Rising Star
* 2007 Southern California Rising Star
*2008 Southern California Rising Star
* 2009 Southern California Rising Star
* 2010 Southern California Rising Star
* 2011 Southern California Rising Star
* 2012 Southern California Rising Star
* 2010 Top Attorneys, Pasadena Magazine
* 2011 Top Attorneys, Pasadena Magazine
Languages
* Vietnamese
Membership
* Member, Pasadena Bar Association
*Member, Southern California Chinese Lawyers Association
*Past President, Board Member, San Gabriel Valley Bar Association
Ms. Quach has conducted multiple trials and was lead trial counsel in the successful defense of a suit for specific performance of a real estate sale contract. She is familiar with all aspects of litigation including drafting complaints and answers, taking and defending depositions, drafting and responding to discovery, arguing motions in court, and engaging in settlement negotiations.
Ms. Quach has co-authored several appeal briefs, including two appeals involving an alleged wrongful foreclosure on a shopping center and a complex commercial dispute.
Ms. Quach is currently a board member of the San Gabriel Valley Bar Association.
Education
* J.D. – University of California, Los Angeles School of Law
* B.A. – University of California, San Diego
Bar Admissions
* California Central District Court
* 9th Circuit Court of Appeals
Distinctions
* 2005 Southern California Rising Star
* 2006 Southern California Rising Star
* 2007 Southern California Rising Star
*2008 Southern California Rising Star
* 2009 Southern California Rising Star
* 2010 Southern California Rising Star
* 2011 Southern California Rising Star
* 2012 Southern California Rising Star
* 2010 Top Attorneys, Pasadena Magazine
* 2011 Top Attorneys, Pasadena Magazine
Languages
* Vietnamese
Membership
* Member, Pasadena Bar Association
*Member, Southern California Chinese Lawyers Association
*Past President, Board Member, San Gabriel Valley Bar Association
Monday, July 14, 2008
Additional Information on Proudfoot & Quach LLP
Proudfoot & Quach LLP, formed by attorneys that previously worked for a large international law firm, focuses on high quality, cost effective commercial and business litigation and appeals. We are located in Pasadena and with over 40 years of experience handling various matters, we provide exceptional legal services for all your litigation and appeal needs in state or federal courts. If you are looking for aggressive attorneys to handle your litigation and appeal needs, please contact us at (626) 463-7386. The initial consultation is always free. For Chinese speakers, please contact us at (626) 532-5392.
Proudfoot & Quach LLP has been designated as a Women and Minority-Owned Business by Supplier Clearinghouse (WMBE).
Proudfoot & Quach LLP is a member of the San Gabriel Valley Bar Association, the Asian Business Association and the California Minority Counsel Program.
The attorneys of Proudfoot & Quach LLP have handled various litigation and appeals matters in the following areas:
• Appeals
• Arbitration
• Banking
• Insurance Coverage
• Personal Injury
• Products Liability
• Real Estate
• Construction Defects
• Securities
• FSIA
• Federal Civil Rights Act
• Trade Secrets
• Unfair Competition
• Anti-Trust
• Anti-SLAPP litigation
APPEALS / ARBITRATION
Successfully defended on appeal the district court’s dismissal of a RICO claim in a wrongful termination lawsuit where dismissal of claim led to remand to state court.
Obtained reversal on appeal of a libel judgment entered in a suit by a coach against the parent of a player where the parent had written a highly critical letter to the school employing the coach.
Successfully compelled a matter to arbitration despite intense opposition and subsequently obtained dismissal of the case due to failure to arbitrate.
Successfully defended on appeal a multi-million dollar verdict in a complex business and real estate lawsuit involving collection on an oral loan used to buy real estate and fraudulent misrepresentations with respect to the company that the parties formed jointly.
Successfully represented a client on an appeal from an adverse judgment in a case tried by different trial counsel. The dispute was a complicated one in which our client claimed it was owed money under a note it received many years before and that it was entitled to purchase time on a TV station at a favorable rate. One of the defendants had a cross complaint for fraud against our client. The trial judge granted a non suit against our client at the close of the case and then granted a non suit to our client on the cross complaint. The trial judge also entered an award of attorneys’ fees and costs against our client in excess of $2 million. Our client appealed and the defendant cross appealed. The Court of Appeal not only reversed the judgment in favor of the defendants on our client’s complaint [including the attorneys’ fees and costs award of in excess of $2 million], it also affirmed the non suit in our client’s favor on the cross complaint. A rehearing was denied as was a petition for review. The result is that our client now has an opportunity to recover on its complaint and to present evidence that it had been previously precluded from presenting on parol evidence grounds, without exposure to judgment on a cross-complaint.
BANKING
First Empire Bank v. Federal Deposit Insurance Corp. (9th Cir.) 572 F. 2d 1361. Represented a major French Bank whose loans to United States National Bank (San Diego) had been documented as letters of credit, which were not honored during a purchase and assumption agreement arranged by the FDIC upon United States National Bank’s insolvency. The Ninth Circuit reversed the trial court and ordered judgment for the client holding that the Federal Deposit Insurance Act did not allow the FDIC to discriminate between creditors of a failed national bank. As a result of the decision, the client recovered over $13 million dollars and a number of other banks ultimately recovered in excess of $30 million dollarsbased on this precedent.
Pubali Bank v. City National Bank (9th Cir.) 676 F. 2d 1326. Represented a Bangladesh bank which had issued a letter of credit to secure payment of shipping freight. A fraudulent draw was made on the letter of credit and the draw was “countersigned” by the defendant advising bank. The client had made payment and then discovered the fraud. This case established the liability of the advising bank and the client was repaid its loss.
Represented a major California bank in defeating an effort to defraud it in a suit over a fraudulent wire transfer of $10 million dollars by obtaining a summary judgment in favor of the bank which was affirmed on appeal.
Represented a major California bank which had been the bank for what turned out to be a fraudulent, Ponzi type scheme run by a customer of the bank which caused many millions of dollars of loss to small pension and profit sharing plans. An advantageous, creative settlement was negotiated with the class plaintiffs’ group that involved a cooperative effort with respect to further litigation with an insurance company that had issued a bond to the customer. The end result was that the client was substantially made whole by a later hard fought global settlement with the insurance company.
Successfully defended a major California Bank in suit brought by another financial institution that was defrauded by someone posing as an officer of the client bank and purportedly selling certificates of deposit in the client bank at an advantageous rate by obtaining summary judgment based on wire transfer statutes and upholding victory on appeal.
Successfully represented various California banks in defending against lender liability claims and in obtaining payment of obligations in complex situations.
INSURANCE COVERAGE
Successfully established insurance coverage on summary judgment under advertising loss clause where in the underlying case the plaintiff sought various types of relief for competitive torts in Florida courts.
Obtained a complete recovery for foreign client from insurer that had disavowed coverage of client as an added insured under a manufacturer’s insurance policy.
Successfully settled a matter for a hotel client with respect to uninsured losses from a fire in a restaurant tenant’s premises. When we entered the case, it had been pending for 1 year, without our client’s knowledge, as a subrogation case originally brought by another tenant whose premises suffered damages caused by the firefighting efforts. Our client’s insurance company had also brought a claim against the restaurant owner to recover the amount it paid our client under the insurance policy. We immediately filed a complaint in intervention to seek uninsured losses against the restaurant tenant and various other parties. The mediation was continued to provide time for our client to conduct its investigation and we were able to establish that our client had sustained recoverable losses substantially greater than the client was initially aware of, particularly in the areas of business income loss and code upgrades. Within six months, the case settled at the continued mediation session with a high 6 figure amount paid to our client. Since the total amount of insurance coverage was less than the claims, our client’s recovery effectively came out of the amount that its insurer would have otherwise obtained in the subrogation action since the insured has the right to the first dollars (vis a via it’s carrier) from the settlement funds.
PERSONAL INJURY / PRODUCTS LIABILITY
Represented the plaintiff against his employer for, among other things, abandonment. Plaintiff was injured in an automobile accident in a Middle Eastern country where he was employed. Even though he had been drinking beer earlier in the evening, he was not at fault for the accident but was jailed in the country for his drinking. A substantial settlement was obtained.
In a multi-defendant suit, represented the exporter of a riding lawnmower that exploded and seriously burned and injured the golf course employee who was riding the lawnmower against product liability claims. Negotiated an early, favorable settlement and recouped the settlement and attorneys’ fees from an insurer that first defended client and then withdrew from the defense.
Successfully defended a ship owner in federal District Court based on an exculpatory clause in a boarding pass from a suit brought by a guest who sustained a fractured skull with claimed brain damage when the guest fell from the gangway upon departure. The trial court ruled that but for the exculpatory clause, the plaintiff had established negligence of the ship owner. The Ninth Circuit affirmed on appeal on the grounds that the trial court’s alternative finding of negligence was clearly erroneous and, therefore, it need not reach the question of validity of the exculpatory clause. [Chervy v. Peninsular and Oriental Steam Navigation Company, 364 F.2d 908.]
Defended an oil company in a multi state lawsuit with limitation of liability proceedings in Texas against claims arising out of the sinking of a drill ship in the South China Sea when it was struck by a typhoon. No one survived. The case was settled on terms advantageous to the client.
REAL ESTATE / CONSTRUCTION DEFECTS
Successfully defended a wrongful foreclosure claim with respect to a substantial commercial development against the claims of the original developer during a five week trial.
Quickly obtained an expungement of a lis pendens filed against a residential project by a former potential buyer allowing escrow to close to a new buyer.
Represented the owner of a 30 million office and warehousing facility in Orange County in a construction defect case against the architect, general contractor and 20subcontractors with respect to defects in the construction. After extensive expert analysis and many mediation sessions, the client obtained a substantial settlement despite purported limitations imposed by contract documents.
Gluskin v. Atlantic Savings and Loan Ass’n, 32 Cal. App. 3d 307. Obtained reversal on appeal of an adverse judgment in favor of the lender in a trial where plaintiff seller was represented by others. Court of Appeal held that the trial court improperly denied relief to plaintiff basedon modification of obligation of buyer secured by defendant’s deed of trust to which plaintiffhad subordinated.
Defended an individual against a claim for breach of contract and specific performance in a real estate dispute. Plaintiff opened escrow when he tried to purchase a tri-plex in Hollywood, however, after it was determined that all units could not be vacant at the close of escrow due to the Los Angeles Rent Control laws, plaintiff refused to proceed on the purchase. Several years later, after the booming real estate market, plaintiff demanded a sale to him of the same property for the same price and when the owner refused, plaintiff brought suit. Defendant received a defense verdict after a 3-day bench trial and an award for attorneys’ fees.
SECURITIES / FISA / FEDERAL CIVIL RIGHTS ACT
Board of County Commissioners of San Juan County v. Liberty Group, 965 F.2d 879 (10th Cir. 1992), cert denied, 506 U.S. 918 (1992). Represented defendants, a brokerage company that specialized in the sale of government securities to institutions and its officers and employers, in a RICO and securities fraud suit brought by plaintiff who lost a substantial amount in its investments. The federal district court dismissed the RICO claim and the Court of Appeal affirmed the dismissal and reversed the jury verdict in favor of the plaintiff for securities fraud for an improper jury instruction.
Filed suit for a substantial investor whose business was in Taiwan against a national brokerage company. Client spent several months at a time in Taiwan for his business and while he was away in Taiwan, the account representative sold his large conservative portfolio and bought futures which lost the entire value in the account. The defendants settled for repayment of the investor in full plus attorneys’ fees.
Obtained summary judgment in federal court in a case in which a government law enforcement employee claimed that suspension with pay during an investigation of complaints violated his rights under the federal civil rights statutes, in particular 42 U.S.C. § 1983.
Represented foreign government entities in a suit under the Foreign Sovereign Immunities Act resulting in dismissal of the major claim as lacking jurisdiction under the FSIA.
TRADE SECRETS / UNFAIR COMPETITION / ANTI-TRUST
Successfully negotiated resolution of a trade secrets dispute between a manufacturer of stage and motion picture lighting systems and its employee.
Negotiated beneficial settlements in several cases in which companies were accused of trade secrets theft in situations involving hiring of employees of competitors.
Settled a lawsuit between a Japanese manufacturer and its former United States distributor arising out of the establishment of its own distribution system several days into a trial for a nominal sum significantly less than the prior demands.
Defended a Japanese manufacturer of basic infrastructure products against an anti-trust action brought by a United States competitor ending with a favorable settlement for the client.
Monte Carlo Shirt Corp. v. Daewoo Int’l (America) (9th Cir.) 707 F.2d 1054. Obtained an order for a new trial in a suit against a Korean manufacturer that sold dress shirts with the plaintiffs’ label intact after the plaintiff rejected a late Christmas order. The claim was for trademark infringement and other competitive torts as well as breach of contract. The order overturned a $4.6 million jury verdict and the order was upheld on appeal.
We were engaged by counsel for a company on a Thursday afternoon to review and conduct an analysis of a significant number of documents relating to financing which was about to be declared in default. We drafted a fraud complaint against the lender and employees of the lender by the end of Monday. The draft complaint was then used by the counsel to work out a favorable resolution of the alleged default for the client, thus permitting it to proceed with its project.
Proudfoot & Quach LLP has been designated as a Women and Minority-Owned Business by Supplier Clearinghouse (WMBE).
Proudfoot & Quach LLP is a member of the San Gabriel Valley Bar Association, the Asian Business Association and the California Minority Counsel Program.
The attorneys of Proudfoot & Quach LLP have handled various litigation and appeals matters in the following areas:
• Appeals
• Arbitration
• Banking
• Insurance Coverage
• Personal Injury
• Products Liability
• Real Estate
• Construction Defects
• Securities
• FSIA
• Federal Civil Rights Act
• Trade Secrets
• Unfair Competition
• Anti-Trust
• Anti-SLAPP litigation
APPEALS / ARBITRATION
Successfully defended on appeal the district court’s dismissal of a RICO claim in a wrongful termination lawsuit where dismissal of claim led to remand to state court.
Obtained reversal on appeal of a libel judgment entered in a suit by a coach against the parent of a player where the parent had written a highly critical letter to the school employing the coach.
Successfully compelled a matter to arbitration despite intense opposition and subsequently obtained dismissal of the case due to failure to arbitrate.
Successfully defended on appeal a multi-million dollar verdict in a complex business and real estate lawsuit involving collection on an oral loan used to buy real estate and fraudulent misrepresentations with respect to the company that the parties formed jointly.
Successfully represented a client on an appeal from an adverse judgment in a case tried by different trial counsel. The dispute was a complicated one in which our client claimed it was owed money under a note it received many years before and that it was entitled to purchase time on a TV station at a favorable rate. One of the defendants had a cross complaint for fraud against our client. The trial judge granted a non suit against our client at the close of the case and then granted a non suit to our client on the cross complaint. The trial judge also entered an award of attorneys’ fees and costs against our client in excess of $2 million. Our client appealed and the defendant cross appealed. The Court of Appeal not only reversed the judgment in favor of the defendants on our client’s complaint [including the attorneys’ fees and costs award of in excess of $2 million], it also affirmed the non suit in our client’s favor on the cross complaint. A rehearing was denied as was a petition for review. The result is that our client now has an opportunity to recover on its complaint and to present evidence that it had been previously precluded from presenting on parol evidence grounds, without exposure to judgment on a cross-complaint.
BANKING
First Empire Bank v. Federal Deposit Insurance Corp. (9th Cir.) 572 F. 2d 1361. Represented a major French Bank whose loans to United States National Bank (San Diego) had been documented as letters of credit, which were not honored during a purchase and assumption agreement arranged by the FDIC upon United States National Bank’s insolvency. The Ninth Circuit reversed the trial court and ordered judgment for the client holding that the Federal Deposit Insurance Act did not allow the FDIC to discriminate between creditors of a failed national bank. As a result of the decision, the client recovered over $13 million dollars and a number of other banks ultimately recovered in excess of $30 million dollarsbased on this precedent.
Pubali Bank v. City National Bank (9th Cir.) 676 F. 2d 1326. Represented a Bangladesh bank which had issued a letter of credit to secure payment of shipping freight. A fraudulent draw was made on the letter of credit and the draw was “countersigned” by the defendant advising bank. The client had made payment and then discovered the fraud. This case established the liability of the advising bank and the client was repaid its loss.
Represented a major California bank in defeating an effort to defraud it in a suit over a fraudulent wire transfer of $10 million dollars by obtaining a summary judgment in favor of the bank which was affirmed on appeal.
Represented a major California bank which had been the bank for what turned out to be a fraudulent, Ponzi type scheme run by a customer of the bank which caused many millions of dollars of loss to small pension and profit sharing plans. An advantageous, creative settlement was negotiated with the class plaintiffs’ group that involved a cooperative effort with respect to further litigation with an insurance company that had issued a bond to the customer. The end result was that the client was substantially made whole by a later hard fought global settlement with the insurance company.
Successfully defended a major California Bank in suit brought by another financial institution that was defrauded by someone posing as an officer of the client bank and purportedly selling certificates of deposit in the client bank at an advantageous rate by obtaining summary judgment based on wire transfer statutes and upholding victory on appeal.
Successfully represented various California banks in defending against lender liability claims and in obtaining payment of obligations in complex situations.
INSURANCE COVERAGE
Successfully established insurance coverage on summary judgment under advertising loss clause where in the underlying case the plaintiff sought various types of relief for competitive torts in Florida courts.
Obtained a complete recovery for foreign client from insurer that had disavowed coverage of client as an added insured under a manufacturer’s insurance policy.
Successfully settled a matter for a hotel client with respect to uninsured losses from a fire in a restaurant tenant’s premises. When we entered the case, it had been pending for 1 year, without our client’s knowledge, as a subrogation case originally brought by another tenant whose premises suffered damages caused by the firefighting efforts. Our client’s insurance company had also brought a claim against the restaurant owner to recover the amount it paid our client under the insurance policy. We immediately filed a complaint in intervention to seek uninsured losses against the restaurant tenant and various other parties. The mediation was continued to provide time for our client to conduct its investigation and we were able to establish that our client had sustained recoverable losses substantially greater than the client was initially aware of, particularly in the areas of business income loss and code upgrades. Within six months, the case settled at the continued mediation session with a high 6 figure amount paid to our client. Since the total amount of insurance coverage was less than the claims, our client’s recovery effectively came out of the amount that its insurer would have otherwise obtained in the subrogation action since the insured has the right to the first dollars (vis a via it’s carrier) from the settlement funds.
PERSONAL INJURY / PRODUCTS LIABILITY
Represented the plaintiff against his employer for, among other things, abandonment. Plaintiff was injured in an automobile accident in a Middle Eastern country where he was employed. Even though he had been drinking beer earlier in the evening, he was not at fault for the accident but was jailed in the country for his drinking. A substantial settlement was obtained.
In a multi-defendant suit, represented the exporter of a riding lawnmower that exploded and seriously burned and injured the golf course employee who was riding the lawnmower against product liability claims. Negotiated an early, favorable settlement and recouped the settlement and attorneys’ fees from an insurer that first defended client and then withdrew from the defense.
Successfully defended a ship owner in federal District Court based on an exculpatory clause in a boarding pass from a suit brought by a guest who sustained a fractured skull with claimed brain damage when the guest fell from the gangway upon departure. The trial court ruled that but for the exculpatory clause, the plaintiff had established negligence of the ship owner. The Ninth Circuit affirmed on appeal on the grounds that the trial court’s alternative finding of negligence was clearly erroneous and, therefore, it need not reach the question of validity of the exculpatory clause. [Chervy v. Peninsular and Oriental Steam Navigation Company, 364 F.2d 908.]
Defended an oil company in a multi state lawsuit with limitation of liability proceedings in Texas against claims arising out of the sinking of a drill ship in the South China Sea when it was struck by a typhoon. No one survived. The case was settled on terms advantageous to the client.
REAL ESTATE / CONSTRUCTION DEFECTS
Successfully defended a wrongful foreclosure claim with respect to a substantial commercial development against the claims of the original developer during a five week trial.
Quickly obtained an expungement of a lis pendens filed against a residential project by a former potential buyer allowing escrow to close to a new buyer.
Represented the owner of a 30 million office and warehousing facility in Orange County in a construction defect case against the architect, general contractor and 20subcontractors with respect to defects in the construction. After extensive expert analysis and many mediation sessions, the client obtained a substantial settlement despite purported limitations imposed by contract documents.
Gluskin v. Atlantic Savings and Loan Ass’n, 32 Cal. App. 3d 307. Obtained reversal on appeal of an adverse judgment in favor of the lender in a trial where plaintiff seller was represented by others. Court of Appeal held that the trial court improperly denied relief to plaintiff basedon modification of obligation of buyer secured by defendant’s deed of trust to which plaintiffhad subordinated.
Defended an individual against a claim for breach of contract and specific performance in a real estate dispute. Plaintiff opened escrow when he tried to purchase a tri-plex in Hollywood, however, after it was determined that all units could not be vacant at the close of escrow due to the Los Angeles Rent Control laws, plaintiff refused to proceed on the purchase. Several years later, after the booming real estate market, plaintiff demanded a sale to him of the same property for the same price and when the owner refused, plaintiff brought suit. Defendant received a defense verdict after a 3-day bench trial and an award for attorneys’ fees.
SECURITIES / FISA / FEDERAL CIVIL RIGHTS ACT
Board of County Commissioners of San Juan County v. Liberty Group, 965 F.2d 879 (10th Cir. 1992), cert denied, 506 U.S. 918 (1992). Represented defendants, a brokerage company that specialized in the sale of government securities to institutions and its officers and employers, in a RICO and securities fraud suit brought by plaintiff who lost a substantial amount in its investments. The federal district court dismissed the RICO claim and the Court of Appeal affirmed the dismissal and reversed the jury verdict in favor of the plaintiff for securities fraud for an improper jury instruction.
Filed suit for a substantial investor whose business was in Taiwan against a national brokerage company. Client spent several months at a time in Taiwan for his business and while he was away in Taiwan, the account representative sold his large conservative portfolio and bought futures which lost the entire value in the account. The defendants settled for repayment of the investor in full plus attorneys’ fees.
Obtained summary judgment in federal court in a case in which a government law enforcement employee claimed that suspension with pay during an investigation of complaints violated his rights under the federal civil rights statutes, in particular 42 U.S.C. § 1983.
Represented foreign government entities in a suit under the Foreign Sovereign Immunities Act resulting in dismissal of the major claim as lacking jurisdiction under the FSIA.
TRADE SECRETS / UNFAIR COMPETITION / ANTI-TRUST
Successfully negotiated resolution of a trade secrets dispute between a manufacturer of stage and motion picture lighting systems and its employee.
Negotiated beneficial settlements in several cases in which companies were accused of trade secrets theft in situations involving hiring of employees of competitors.
Settled a lawsuit between a Japanese manufacturer and its former United States distributor arising out of the establishment of its own distribution system several days into a trial for a nominal sum significantly less than the prior demands.
Defended a Japanese manufacturer of basic infrastructure products against an anti-trust action brought by a United States competitor ending with a favorable settlement for the client.
Monte Carlo Shirt Corp. v. Daewoo Int’l (America) (9th Cir.) 707 F.2d 1054. Obtained an order for a new trial in a suit against a Korean manufacturer that sold dress shirts with the plaintiffs’ label intact after the plaintiff rejected a late Christmas order. The claim was for trademark infringement and other competitive torts as well as breach of contract. The order overturned a $4.6 million jury verdict and the order was upheld on appeal.
We were engaged by counsel for a company on a Thursday afternoon to review and conduct an analysis of a significant number of documents relating to financing which was about to be declared in default. We drafted a fraud complaint against the lender and employees of the lender by the end of Monday. The draft complaint was then used by the counsel to work out a favorable resolution of the alleged default for the client, thus permitting it to proceed with its project.
Thursday, November 1, 2007
Opening of Proudfoot & Quach LLP on November 1, 2007
Proudfoot & Quach LLP, formed by attorneys that previously worked for a large international law firm, focuses on high quality, cost effective commercial and business litigation and appeals. We are located in Pasadena and with over 40 years of experience handling various matters, including real estate, insurance, appeals, breach of contract, trade secrets, insurance and products liability, we provide exceptional legal services for all your litigation and appeal needs in state or federal courts. If you are looking for aggressive attorneys to handle your litigation and appeal needs, please contact us.
We are very excited about this new venture.
We are very excited about this new venture.
Proudfoot & Quach LLP
70 South Lake Avenue, 10th Floor
Pasadena, CA 91101
Phone: (626) 463-7386
Phone for Chinese Speakers: (626) 532-5392
Facsimile: (626) 208-1881
Website: http://www.pqattorneys.com/
Email: Info@PQattorneys.com
DProudfoot@PQattorneys.com
LQuach@PQattorneys.com
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