• Recent Results (April 2009)

    Posted April 19, 2009 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.

    Construction Litigation

    1. Bergman Dacey Goldsmith defended a large school district in a lawsuit filed by a general contractor on two public works construction projects. The parties engaged in statutorily required mediation, which did not yield a resolution, and proceeded to arbitration wherein Bergman Dacey Goldsmith successfully persuaded the arbitrator that every one of the general contractor’s legal and factual contentions were without merit. In the end, Bergman Dacey Goldsmith obtained an award in the District’s favor (liquidated damages), as well as over $110,000 in attorneys’ fees and costs.

    2. Bergman Dacey Goldsmith represented a construction management firm in a lawsuit against owners of certain real property in downtown Los Angeles for non-payment of owed sums. Through a deliberate litigation approach, attorneys from Bergman Dacey Goldsmith were able to isolate the defendants and enter into two separate resolution agreements, one through non-assisted attorney negotiation and the other through mediation, all to the benefit of the client, thus saving the client a significant amount of money by avoiding trial.

    3. Bergman Dacey Goldsmith represented a large school district in a dispute over the purchase and installation of modular buildings at eleven different school sites. Upon completion of the project, the contractor brought suit against the school district, seeking over one million dollars in damages. Bergman Dacey Goldsmith defended the school district and asserted counterclaims against the contractor. A global settlement was reached, wherein the contractor reduced its charges to the school district by the sum of $800,000.00. This amount covered all defective construction, all attorneys’ fees incurred by the school district in the action, and left funds available to remedy any latent defects in the construction that might arise in future years.

    4. A large County Department of Education decided to build its first traditional campus-style school and sought Bergman Dacey Goldsmith’s assistance and legal advice. The Department had limited funds for construction and had received competitive bids that were extremely over budget. Bergman Dacey Goldsmith assisted the Department with a lease/lease-back process that resulted in a final guaranteed maximum price that was $2.5 million below the Department’s budget. The additional $2.5 million will now be put into the project to enhance the school facilities.

    5. Bergman Dacey Goldsmith represented a large school district in a lawsuit filed by a subcontractor on a public works construction project against the contractor and owner. Through a tactful and deliberate litigation approach, Bergman Dacey Goldsmith was able to negotiate a stipulation, signed by all parties, under which the District was dismissed from the lawsuit and recovered its reasonable attorneys’ fees, thus saving the client a significant amount of money.

    6. One of Bergman Dacey Goldsmith’s City clients was preparing to award construction on a new senior housing and mixed-use development. Several last-minute contract relationship and construction issues surfaced threatening to jeopardize the project. Bergman Dacey Goldsmith was able to assist the City in resolving all the construction and contractual issues, and the project started successfully and on schedule.

    Employment Litigation

    • In an employment discrimination and harassment matter, alleging national origin and race discrimination, Bergman Dacey Goldsmith, Inc. successfully brought and argued a motion for summary judgment that was granted on behalf of all defendants, including the public entity and two individual defendants. It was argued before the court that the plaintiff, a teacher, had not suffered any adverse employment actions when her class was closed and she was re-assigned. The court adopted the arguments made and granted our motion in its entirety.

    • Bergman Dacey Goldsmith, Inc. represented a public entity and an individual defendant in a highly charged and controversial reasonable accommodation and discrimination action. In the suit, the plaintiff, who was disabled and confined to a wheelchair, alleged that the public entity had failed to accommodate her. The plaintiff had requested $2.1 million to resolve the matter. After very targeted discovery was conducted and a motion for summary judgment was granted, in part, the plaintiff agreed to compromise the action to the mutual satisfaction of the parties, for a significantly reduced amount.

    Insurance Litigation

    Bergman Dacey Goldsmith, Inc. was both litigation counsel and coverage counsel for a California Charter City who sued its insurer and claims and risk managers for reimbursement and/or indemnification of approximately $2 million paid on claims brought under the California Fair Employment and Housing Act for alleged racially discriminatory disciplinary proceedings. The case involved a complex insurance issue involving the applicability of Insurance Code Section 533. Bergman Dacey Goldsmith, Inc. was able to persuade the court to deny the insurer’s summary adjudication motion brought under Section 533; the insurer’s petition for writ of mandate was also denied. Early in the discovery phase, which was deferred until after the summary adjudication rulings, Bergman Dacey Goldsmith, Inc. was successful in obtaining a favorable monetary settlement with all defendants.

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