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


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


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


Payne & Fears LLP Obtains Judgment for Major National Bank

On April 5, 2011, P&F obtained a dismissal with prejudice and judgment in Orange County Superior Court in favor of its client, a major national bank, in an alleged fraud and wrongful foreclosure case involving a commercial property.  The plaintiff had alleged that the bank conspired with the other defendants to sell the property in a non-judicial foreclosure sale to deprive the plaintiff of the property. P&F demurred to the 21-count complaint and the demurrer was sustained on every count.  When the plaintiff failed to...

Attorneys: Daniel M. Livingston


Payne & Fears LLP Defeats Claim Its Client Violated Americans With Disabilities Act

Payne & Fears LLP successfully defeated a claim that its client violated the Americans with Disabilities Act by implementing a policy which excludes Segway vehicles from its theme park. The hard work of Dan Fears, Daniel Rasmussen and Julie Bisceglia resulted in a published opinion which is very favorable to the firm's client.

Attorneys: Daniel F. Fears , Daniel L. Rasmussen


Payne & Fears LLP Obtains Judgment In Favor of Client, Plus Award of Attorneys' Fees and Costs

Payne & Fears LLP recently obtained an arbitration award in favor of our client for damages over a commercial contract for a large modular building installed on a United States Air Force base.  After awarding our client multiple six figures in damages, the arbitrator also awarded our client all of its attorneys' fees and costs.  Shortly after the award, the Orange County Superior Court confirmed the arbitration award and entered judgment in favor of our client.

Attorneys: Benjamin A. Nix