CHEVY CHASE COUNTRY CLUB v. SICOMORO CANYON, INC.

BINDING ARBITRATION MUST BE INITIATED UNDER THE "RIGHT" CONTRACT

After attorney David Romney, representing Sicomoro Canyon, Inc., challenged binding arbitration conducted under the “wrong agreement” and appealed the trial court judgment affirming it, the Appellate Court set it aside. Thereafter, three arbitrators – a former California Supreme Court Justice (Malcolm Lucas), a former California Supreme Court Justice (John Arguello), and a former presiding judge of the Los Angeles Superior Court (George Dell) – determined that a binding arbitration under the “right agreement” established Sicomoro Canyon, Inc. (comprised of a minority of Chevy Chase Country Club members) owned the Chevy Chase Country Club despite claims of fraud by its majority members. Later Sicomoro Canyon, Inc. sold the Chevy Chase Country Club to a buyer for an undisclosed amount.

HUGHES v. SNOW SUMMIT 

(Los Angeles Superior Court, Judge Aviva K. Bobb)

SNOW SUMMIT’S STOCK ISSUANCE SURVIVES CHALLENGE ON GROUNDSOF FRAUD

After lengthy discovery proceedings, the Court granted Snow Summit’s request for dismissal of a claim by heirs of a founding family of the Snow Summit ski resort that stock was issued fraudulently by Snow Summit to dilute their ownership interest.

REILLY v. WEBER 

(Orange County Superior Court, Judge Sills) 

A PARTNER'S "EXPENSES," IN FACT, ARE FRAUD 

After a 10-day jury trial, the jury rendered a verdict in the amount of $235,000 against a partner in a publishing business who ran his personal "expenses" through the partnership despite his allegations that the facts were the other way around. The prevailing partner, defendant/cross-complainant, Sam Weber, was represented by David Romney.

RUSSELL v. MARA 

(Yolo County Superior Court, Judge Patton)

A LEMON CASE TURNS INTO LEMONADE 

After a three-month jury trial the jury rendered a verdict of $215,000 against the defendants for negligent management and operation of a Kiwi fruit vineyard owned by the plaintiff. Post-trial the defendants, represented by David Romney, negotiated assignment of their insurance rights in exchange for full release of all personal liability to the plaintiff.

SUNCRETE v. LITTLEROCK AGGREGATES, INC. 

(Los Angeles Superior Court, Presiding Judge Parkin)

A REQUIREMENTS CONTRACT IS NOT AN ECONOMIC HANDCUFF FOR THE SUPPLIER 

Plaintiff Suncrete locked down Littlerock's facilities and brought suit against Littlerock to close down its batch plant and sale of aggregates on grounds it had an exclusive requirements contract but, due to a construction downturn, had no requirements at the time. Littlerock, represented by David Romney, cross-complained for bad faith breach of contract and conversion. After a 6-day trial the jury awarded Littlerock $285,000 plus 10% interest.

PAUL G. MARSHALL v. PASADENA SCHOOL DISTRICT 

(Appellate Court, Second District, Third Division)

A SCHOOL DISTRICT’S SELF-CREATED DELAY IS NOT AN “EMERGENCY” WARRANTING BY-PASSING PUBLIC BIDDING REQUIREMENTS

The appellate court upheld the trial court’s grant of a writ of mandate in favor of a contractor to compel a school district to implement public bidding procedure since its “emergency” was self-created rather than a “sudden unexpected occurrence that posed a clear and present danger to protect life, health, property or services.”

VREELAND CADILLAC v. GENERAL MOTORS 

(U.S. District Court – Central District, Los Angeles, Judge Real)

KNOWING WHEN TO FOLD 'EM LEADS TO JACKPOT

Vreeland Cadillac, represented by David Romney, sued General Motors for misallocation 

of new vehicles which deprived Vreeland of its fair share. Along with a dismissal in which General Motors paid Vreeland's attorney fees and costs, General Motors made a substantial settlement offer for purchase of the dealership. The offer was declined. Less than two years later Vreeland obtained a greatly enhanced purchase agreement with an "independent" dealer requiring General Motors' guarantee of its terms.

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

(Ventura Superior Court – Judge Bysshe)

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.