Payne & Fears’ Business Litigation attorneys are skilled in representing businesses in state, federal and administrative forums, building a remarkable record of success for our clients.  Our goal is always to represent our clients efficiently and effectively to achieve the best results on their behalf. 

What makes us different than other law firms is that we understand the unique concerns and issues businesses face.  Our attorneys, therefore, do not focus only on the legal view of the matters presented; we focus on achieving the best result for our clients from a legal, economic and public relations perspective.  Resultantly, we provide counsel and representation to our clients from before a dispute arises up to and through trial and appeal. 

Our focus on providing the best service possible to our clients affords us the opportunity to represent a broad spectrum of clients, including large and small corporations, large and small companies and partnerships, directors and officers of corporations and companies, and individuals.  We also serve our clients across a wide range of disputes, including:

  • Contract disputes, including breach of contract and warranty claims;
  • Business torts, including claims alleging unfair competition, tortious interference with business relations, misappropriation of trade secrets and confidential information, unfair trade and business practices, breaches of fiduciary duty, fraudulent and negligent misrepresentation, and false advertising; 
  • Financial institution litigation, including TILA, RESPA and wrongful foreclosure; 
  • Real property disputes, including breach and specific performance of real property contracts, expunging a lis pendens, removing or obtaining a lien, broker liability, and title insurance claims;
  • Product liability, including strict liability claims with regard to defective products, and negligent design or manufacture claims;
  • Construction law disputes, including mechanics liens, land use, claims by or against homeowner associations, construction defect claims, and Federal Miller Act claims;
  • Intellectual property claims and litigation, including those sounding in trademark, patent and copyright infringement;
  • Corporate matters, including securities fraud, takeover litigation, shareholder derivative suits, corporate opportunities, vicarious liability and class action litigation; and
  • Uniform Commercial Code disputes.

As you can see, our Business Litigation attorneys have experienced great success for our clients.  We are pleased that you are considering us to assist you and we look forward to working with you.

Recent Successes

2014

Payne & Fears LLP Obtains $1.7 Million Award in Bench Trial

On December 16, 2014, following a week-long bench trial in September, Payne & Fears LLP obtained judgment in an action where it successfully defeated a $2.25 million equitable mortgage claim and obtained a $1.7 million award in favor of their client who was an intervening plaintiff. Thomas L. Vincent and Scott O. Luskin from Payne & Fears secured the trial victory and judgment.

Attorneys: Scott O. Luskin, Thomas L. Vincent

2014

Payne & Fears LLP Obtains Affirmed Summary Judgment Ruling

The Second Appellate District, Division Two affirmed the summary judgment ruling obtained by Payne & Fears LLP attorneys in an Unruh Act case for Trump National Golf Course in Palos Verdes, California. 

Attorneys: Daniel L. Rasmussen, Matthew K. Brown

2012

Payne & Fears LLP Obtains Summary Judgment for Major Title Company

On March 30, 2012, Payne & Fears LLP obtained summary judgment in favor of its client, a major national title company, in an alleged Truth in Lending Act violation matter in the United States District Court for the Northern District of California.  The plaintiffs alleged that a bank had failed to provide the plaintiffs with the proper disclosures in connection with the refinancing of plaintiff's property in 2008 and the closing documents had been altered without the plaintiff's consent.  The bank had in turn filed a...

Attorneys: Daniel M. Livingston

2012

Payne & Fears LLP Wins Major Jury Verdict for Estancia Coastal LLC

Payne & Fears LLP won nearly $10 million in a jury trial in the San Diego Superior Court which concluded on December 27, 2011, on behalf of Estancia Coastal LLC.  Estancia Coastal LLC is a subsidiary of TriPacific Capital Advisors, an investment advisor to the Los Angeles County Employees Retirement Association.  Judge Thomas P. Nugent presided over the trial.

Estancia had entered into a "land banking" transaction with KB Home, a publicly held homebuilder, for a residential housing project in San Diego County. ...

Attorneys: Daniel M. Livingston, Thomas L. Vincent

2011

Persistence Pays Off for Home Builder

A home builder client of the firm was recently sued for alleged non-disclosure and fraud in the California Superior Court based on allegations that the home builder misrepresented the sales prices of other homes sold in the new home community and conspired with the lender and appraiser to inflate the appraised value of the home purchased by the plaintiffs.  The home builder denied all allegations of wrongdoing, believing that the accusations against it were unwarranted.  Payne & Fears LLP vigorously defended the action...

Attorneys: Erik M. Andersen, Thomas L. Vincent