BACKGROUND AND EXPERIENCE:
Tim was first admitted to the California Bar in December 1974. He is also admitted to the U.S. District Court in both the Central and Southern Districts. Tim is well versed in all aspects of civil business and complex tort litigation, including trial. He has been tasked to assist developing a business litigation department for the firm as well as provide his business formation and transactional expertise.
Tim comes to us with a broad range of skills, including large real estate acquisition experience (El Cortez Properties, San Diego County Regional Center and the nationally prominent Heritage USA Properties) with a range of civil litigation in commercial and tort law and case management responsibilities in complex matters.
EDUCATION AND PROFESSIONAL AFFILIATIONS:
Tim received his Bachelor of Science degree from the University of San Diego in 1970 (Economics) and his Juris Doctor from the University of San Diego School of Law in 1974. He is a member of the San Diego County Bar Association and is trained as a mediator through the San Diego Mediation Center.
REPRESENTATIVE LITIGATION/TRIAL RESULTS
CASE NAME
RESULT
MCWE v. Softrek, Inc.
United States District Court
Southern District of California
Plaintiffs action converted by Plaintiffs to AAA.
Settlement reached. Terms confidential.
WC Interiors v. Robbins, et al.
San Diego Superior Court
Case No. GIC 85693
2006
Defense matter. Plaintiff dismissed prior to trial.
Nester v. Shah
Los Angeles Superior Court
Pomona
Case No. KC043366J
2006
Two week jury trial. Plaintiffs medical malpractice case involving failure to diagnose Monteggia fracture. General damages $325,000 reduced to $250,000; economic loss of $75,000. Case resolved before judgement entered.
Keller v. Century-National Ins.
San Diego Superior Court
East County Division
Case No. GIC 861871
2006
Settled for seven figures. Terms Confidential.
Consolidated Clergy III v. O'Shea
Alameda Superior Court
2005-06
Six cases dismissed by motion and one resolved by settlement.
Dockter v. Parker, et al.
American Arbitration Assn.
2005
Claim by Plaintiffs Dockters for non-disclosure re foundation repair. Successful buy-back by Defendant sellers.
Schmidt v. UFX
OCSC Case No. 01CC1661
7 week Jury Trial
Business
2005
Claims for fraud, breach of fiduciary duty, punitive damages and general negligence. Defense verdict on punitive damages and client found only 2% responsible for damages in excess of $1.3 million.
Merage v. Kayton
JAMS Orange County
4 week Binding Arbitration
2004
Parties settled at the end of fourth week of Arbitration, terms confidential pending D.O.I. approval.
Peck v. Peck
San Diego Superior Court
2004Plaintiffs action to recover assets wrongfully transferred from irrevocable trust to third parties. Value of settlement in excess of $800,000.
Ballone, et al. v. Pacific Trust
USDC-Saipan
2004Plaintiffs action to recover monies wrongfully converted from company in Orange County. Settlement in excess of six figures (terms confidential).
Jane Doe 1; Jane Doe 2
v. Defendant Doe 1
2004Clergy abuse matter. Defendant denied wrong-doing. Defendant paid nothing and the matter dismissed.
Security Asset Capital Corp.
USDC, San Diego
2003Plaintiffs action to recover under theories of Violation of Unfair Trade Practice Act and Federal and State Securities. After injunction, defendants settled for non economic relief within 6 weeks of commencement of action.
Rancho Verde Estates
San Diego Superior Court
2003
Defense matter with cross complaint for mandamus upon restraints imposed and wrongful interpretation of Declaration of Restrictions. After motions in limine and opening statements, matter settled by Stipulation.
In re Black
Superior Court, Las Vegas
2002
Defense matter with breach of note secured by deed of trust and personal guaranty. Client exposure in excess of $2,200,000.00. Following two day trial on value of real estate, plaintiff dismissed with prejudice.
Rose Dominican Hospital
Superior Court, Las Vegas
2001
Plaintiffs medical malpractice claim for failure to diagnose cauda equina syndrome. Associated local counsel obtained four favorable probable med mal findings before State Medical Screening Panel and obtained approximately $750,000 in settlement. Non settling defendants pursued binding arbitration.
In re Pinsonneault
SDSC, 2000
Plaintiffs mandamus action vs. City of Coronado for unfair and biased application of zoning ordinances. Plaintiffs verdict sustaining administrative mandamus.
Real Estate Related Matters
Heritage USA acquisition. 1990-91, Columbia, South Carolina. $52 million
Inspirational Network sale. 1990-91, Fort Mill, South Carolina. $7 million
El Cortez Properties sale. 1981-82. $8.5 million
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