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
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