Case Studies

DAVID ROMNEY has the experience required to focus on the facts and issues that count, and where necessary, to assemble a team of experts to get the job done regardless of whether it involves complex litigation or a difficult business or estate planning problem. Please review the case studies below for a sampling of cases showing the results achieved by Romney Law Offices.

Romney
Clark v Healy

CLARK v HEALY

(LA Superior Court – Judge Doyle)

A SELLER OF RESIDENTIAL PROPERTY MUST DISCLOSE DEFECTS

After a three-week trial, the jury rendered a verdict in favor of the plaintiff Clarks, represented by David Romney, in the amount of $230,000 for damages, including attorney’s fees and costs, arising from the seller Healys’ non-disclosure of a defective septic system undetected during a buyers inspection by the Clarks.

Greene v Cummings

GREENE v CUMMINGS

(Mediation, Ventura County - R.A. Carrington)

AN UNFOUNDED ENVIRONMENTAL CLAIM CAN BE COSTLY TO A PLAINTIFF

After mediation, plaintiff Greene paid all costs and attorneys’ fees incurred by defendant Cumming, represented by David Romney, as well as dismissing the action, in its entirety, for environmental damages arising from an allegedly leaky underground oil tank.

Bender Realty Ltd. v Westside Investments

BENDER REALTY LTD.  v WESTSIDE INVESTMENTS

(Ventura County Superior Court – Judge Rebecca Riley)

A SHOPPING CENTER DEVELOPER LOSES EASEMENT ACCESS TO HIS SHOPPING CENTER BY OVERBURDENING THE EASEMENT

In a five-day trial to the court, Westside Investments, represented by David Romney, successfully defended blocking access by a shopping center to a right-of-way easement across Westside Investments’ property on grounds it overburdened it.

Estate of James Nicholas Counter

ESTATE OF JAMES NICHOLAS COUNTER

(Ventura County Probate Court – Judge Glen Reiser)

AN OMITTED HEIR IS INCLUDED IN DISTRIBUTION OF ESTATE

An heir, represented by David Romney, claiming entitlement to part of a substantial intestate estate (meaning a person subject to probate court proceedings who died without a will) was granted the right to her portion of the distribution from the estate based birth records archived in other states and assertion of statutory presumptions.

Shultz v Goforth

SHULTZ v GOFORTH

(LA County Superior Court – Judge Jan Pluim)

COURT ORDERS REMOVAL OF ENCROACHING LANDSCAPING AFTER A NEIGHBORHOOD DISPUTE BOILS OVER INTO LITIGATION

A neighbor of defendant and cross-complainant Lynn Goforth, represented by David Romney, filed a lawsuit seeking to bar Ms. Goforth from cutting and otherwise damaging the landscaping in the adjacent yard. At the conclusion of trial the adjacent neighbor abandoned her claim and agreed to remove her landscaping from Ms. Goforth’s yard.

Glen Oaks Estates Homeowners Association v Remax Premier Properties, et. al.

GLEN OAKS ESTATES HOMEOWNERS ASSOCIATION v REMAX PREMIER PROPERTIES, ET. AL.

(Los Angeles Superior Court – Mediation)

CONSTRUCTION DEFECTS AND FRAUD RESULT IN SETTLEMENT

After mediation, the parties entered a confidential settlement providing for compensation sufficient to reconstruct the access road to Glen Oaks Estates’ homes and to remedy associated drainage problems.

Sclafani v La Canada Irrigation District

SCLAFANI v LA CANADA IRRIGATION DISTRICT

(LA Superior Court – Settlement)

IRRIGATION DISTRICT DECIDES TO PAY FOR DAMAGE

While disclaiming liability for damage the La Canada Irrigation District paid a substantial sum to the Sclafanis, represented by David Romney, to compensate for flood damage to a home and its surrounding property.

Confidential Settlement (construction defect/fraud)

CONFIDENTIAL SETTLEMENT (construction defect/fraud)

(LA Superior Court – Mediation)

NON-DISCLOSURE OF MAJOR DEFECT IN SEPTIC SYSTEM RESULTS IN HIGH DOLLAR SETTLEMENT

After more than a year of contentious and voluminous discovery proceedings, the parties agreed to a settlement providing the plaintiff, represented by David Romney, over $900,000 in damages.

Confidential Settlement (farming partnership dispute)

CONFIDENTIAL SETTLEMENT (farming partnership dispute)

(Ventura Superior Court – Judge Bysshe)

DISPUTE AMONG FAMILY MEMBERS OVER RANCHING OPERATIONS RESULTS IN AMICABLE BUY-OUT

An expeditious audit of ranch operations resolved unfounded claims on both sides regarding “fraud” and “failure to perform” issues which enabled an amicable buy-out allowing operations to resume for the benefit of all without incurring burdensome litigation expense.

The Dorothy Jeffries Living Trust v Ann Kelley

THE DOROTHY JEFFRIES LIVING TRUST v ANN KELLEY

A LETTER STOPS A LAWSUIT

When a living arrangement between two long time friends was documented in a will and trust later misinterpreted by a successor trustee of one of them, a letter written by attorney David Romney for his client, Ann Kelley, presenting facts, in detail, supported by legal citations, prevented the filing of a lawsuit that would been complex, time-consuming as well as needlessly expensive and wasteful for all concerned.

Mary Fiecko Trust

MARY FIECKO TRUST

UNACCOUNTING TRUSTEE FORCED TO ACCOUNT

After filing a lawsuit a mediation between the parties caused the trustee to do what he was obligated under law to do by accounting for all estate property and paying for its mishandling.

Confidential Settlement (real estate fraud)

CONFIDENTIAL SETTLEMENT (real estate fraud)

RESCISSION AND RESTITUTION IS THE ANSWER

A home was sold on a quick turn-around. After the buyers, represented by David Romney, showed the condition had been discovered by experts hired by the seller, the purchase agreement was rescinded and the seller refunded to the buyers the full price of the home plus the buyers’ attorney fees and costs.

Powerline Control Systems v Stan Mann

POWERLINE CONTROL SYSTEMS v STAN MANN

AN OFFICER AND DIRECTOR BREACHING HIS FIDUCIARY DUTIES  LOSES HIS POSITIONS AND HIS STOCK

Powerline Control Systems, represented by David Romney, uncovered during pretrial discovery the conversion of monies and misuse of corporate assets by a director and officer. As a result, the officer lost his positions and surrendered his stock for minimal consideration in settlement.