• BDG Recent Results (September 2013)

    Posted September 17, 2013 By in Recent Results With | No Comments

    The results mentioned are representative and do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.


    1. Bergman Dacey Goldsmith was retained by a leading multi-brand California company listed on the NASDAQ to defend it and one of its corporate divisions in pending litigation brought against the corporate defendants under California tort and contract theories. After a 10-day court trial, the trial judge awarded the plaintiff monetary damages of only one percent (1%) of plaintiffs’ pretrial demand; the awarded damages comprised only a small fraction of the defendants’ statutory Offer of Compromise. Highly-skilled drafting, legal analysis and research, oral argument, witness preparation, and trial execution resulted in the trial judge: (1) granting key defense motions in limine to exclude anticipated expert opinions and punitive damages; (2) finding the defense percipient and expert witnesses and corporate financial data to be credible; and (3) granting the defendants’ motion for judgment, which dramatically reduced the scope of plaintiff’s tort claims and potential monetary recovery. “Real-time” adjustments during the trial and a committed trial team, both inside and outside of the courtroom, made such a favorable result possible.

    2. In a case recently resolved, Bergman Dacey Goldsmith leveraged a sweeping victory on a motion for a preliminary injunction in an unfair competition case into a favorable settlement by which the defendant competitors essentially ceased doing business. Bergman Dacey Goldsmith represented the manufacturer of a plumbing product used throughout the world. Before retaining Bergman Dacey Goldsmith, the manufacturer had sued the manufacturer-distributor and inventor of a competing product that did not comply with State and local codes and was being marketed with false or misleading advertising. Immediately upon taking over the case, Bergman Dacey Goldsmith initiated broad-ranging discovery to gather the evidence that would support a motion for a preliminary injunction against the defendants’ unfair marketing activities. The motion was filed within 60 days and was granted. The manufacturing defendant responded by seeking bankruptcy protection before the injunction order could be signed. After relief from the bankruptcy stay was obtained, Bergman Dacey Goldsmith obtained the injunction order and then defeated the defendant’s motion for reconsideration. At that point, with the defendants’ ability to compete severely compromised, our client was able to negotiate a settlement by which, in exchange for a modest payment, the defendants agreed to a stipulated order barring them from ever selling the competing product anywhere in North America and granting our client a right to monitor its operations to ensure compliance with the settlement.

    3. Bergman Dacey Goldsmith represented a publicly traded company in a lawsuit where the client was the defendant. The plaintiff claimed intellectual property violations. Through aggressive actions at the pleading stage, Bergman Dacey Goldsmith was able to have the complaint dismissed with prejudice at the very early stages of litigation.


    1. Bergman Dacey Goldsmith represented a community college district in a dispute with a contractor over substandard work performed by the contractor. After prolonged settlement negotiations failed to resolve the matter, Bergman Dacey Goldsmith filed a lawsuit against the contractor on behalf of the community college district. Rather than incurring substantial litigation costs, Bergman Dacey Goldsmith suggested to legal counsel for the contractor that the parties agree to mediation prior to substantial costs being incurred by the parties. The parties went to mediation and were able to resolve the dispute.

    2. Bergman Dacey Goldsmith recently represented one of the largest county departments of education in the purchase of real estate to build a school. The transaction involved environmental issues as well as working with the city to ensure a smooth working relationship for all parties involved. Bergman Dacey Goldsmith will also assist the district in its contracts with the architect, contractor, and constructionmanager to help with the completion of the project.


    1. In a matter where one of Bergman Dacey Goldsmith’s municipal clients was not being paid for certain parking space rentals that it had been providing to a neighboring property, Bergman Dacey Goldsmith’s attorneys quickly and efficiently demanded from and negotiated payment with a receiver (who had been appointed by the court to manage the subject property). After several discussions with the receiver, the receiver agreed to pay our client a substantial sum of money for the parking space rentals. Our client accepted the settlement and recovered those sums without having to incur litigation expenses.

    2. Bergman Dacey Goldsmith represented a city in successfully opposing a petition for writ of mandate regarding the dismissal of a police officer. The officer had contested his dismissal at an administrative hearing before the Civil Service Board, which sustained charges against the officer relating to him visiting massage parlors, and then in the Superior Court after the city council terminated the officer. Before the Superior Court, the officer claimed multiple procedural irregularities in the administrative appeal, as well as that the findings were not supported by the evidence and that his termination constituted an abuse of discretion. Bergman Dacey Goldsmith successfully countered each of the officer’s legal and factual points with strong briefing and persuasive oral argument at the trial of the petition. As a result, Bergman Dacey Goldsmith convinced the Superior Court that the termination should be upheld; accordingly, judgment was entered in favor of our client, the city. So strong were the points raised by Bergman Dacey Goldsmith that the officer did not seek any further appellate review of his termination.

    3. In an ongoing civil litigation matter wherein Bergman Dacey Goldsmith is prosecuting causes of action sounding in breach of contract, accounting, conversion, and fiduciary duty to recover millions of dollars in dispute on behalf of one of its municipal clients, the primary defendant in the lawsuit and its former counsel (on his own behalf) sought interlocutory appellate relief from the California Court of Appeal with regard to several rulings issued by the trial court. After preparing and filing a respondent’s brief establishing all of the reasons why appellate relief should be denied, Bergman Dacey Goldsmith appeared before the Court of Appeal, Second Appellate District, and argued to the Justices of the Court of Appeal that the trial court did not err in issuing any of the orders that were the subject of the appeal. All of the Justices agreed and issued an opinion affirming all of said rulings.

    4. Bergman Dacey Goldsmith represented a public entity in a class action where the representative Plaintiff claimed that the government had overcharged tens of thousands of individuals millions of dollars for certain late fees associated with public services. Through expert negotiations, Bergman Dacey Goldsmith was able to negotiate an early settlement of the matter representing less than 5% of the public entity’s liability.


    1. In a 9-day teacher termination appeal hearing, with Bergman Dacey Goldsmith representing one of the largest public school districts in the country (“district”), the Commission on Professional Competence upheld a teacher’s termination from the district. The district terminated the teacher, a permanent certificated employee, for having inappropriate physical contact with students, making inappropriate remarks on multiple occasions during his class, posting pictures of scantily clad women, and allowing students to access inappropriate images on the internet. The teacher was also terminated for violating the district’s acceptable use policy for accessing inappropriate images on his district-issued laptop. The Commission on Professional Competence upheld the teacher’s termination under Education Code sections 44932 and 44939 for 1) immoral conduct, 2) unprofessional conduct, 3) evident unfitness for service and 4) persistent violation of or refusal to obey the school laws of the State or reasonable regulations prescribed for the government of the public schools by the State Board of Education.

    2. In a 5-day teacher termination appeal hearing, with Bergman Dacey Goldsmith representing the district, the Commission on Professional Competence upheld a teacher’s termination from the district. The district terminated the teacher, a permanent certificated employee, for having solicited an undercover police officer in Elysian Park. The Commission on Professional Competence upheld the teacher’s termination under Education Code sections 44932 and 44939 for 1) immoral conduct, 2) unprofessional conduct, and 3) evident unfitness for service.

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