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United States District Court, Northern District
of California
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Court of Appeal
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Catastrophic Personal Injury -
Construction Defect
- Real Estate - Civil
- Family Law / Guardianship
- Criminal
- Catastrophic Personal Injury
- Civil
- Criminial
- Family / Guardianship |
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- Criminal
- Civil
- Civil
- Criminal
- Family
- Criminal
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Federal Court
United States District Court, Northern District
of California
Plaintiff severely injured his right hand when
he inadvertently put in the path of a spinning
saw blade. Sax filed an action against
defendants for products liability and negligence
design defect and failure to warn. Sax settled
the case with the homeowner for $100,000.00 the
policy limits before filing the action. Sax has
an uphill battle but took the matter through a 5
day Jury Trial. The Jury deliberated for 2 days.
The Jury returned a defense verdict.
An action against a local Native American
Tribe for breach of contract and other torts.
The Tribe asserted the defense of sovereign
immunity. The Tribe was represented by an
international law firm specializing in Native
American Law. The court upheld plaintiffs’
complaint, referring the case to the Tribal
Council for further meetings according to Native
American Indian Law. At the same time, the
matter proceeded through formal mediation
conferences in the District Court before
Magistrate Choi. After numerous Tribal Council
meetings and mediation conferences, the matter
was put up to a vote of the Tribal Council.
Plaintiffs prevailed, obtaining a very high
percentage of the Tribal Council’s vote and a
$1,000,000.00 settlement.
Prosecuted a Civil Rights action on behalf of
the widow of a prisoner who died while
incarcerated in the Sonoma County jail. The case
settled after mediation.
Prosecuted a product liability case against a
major pharmaceutical company, alleging that the
company and its product caused plaintiff to
become addicted and disabled. Case settled at
mediation for $110,000.00.
Successfully fought for benefits including
attorney’s fees and sanctions on behalf of a
disabled client in an ERISA action against a
major insurance company.
Jury Trial for violations of Civil Rights
against the City of Oakland Police Department.
This was one of the very first cases brought
against some rogue Oakland Police Department
officers referred to as “Midnight Riders” Said
police officers had physically beaten and
planted false evidence on criminal suspects.
State
of California
Court of Appeal
In a homeowners’ association case, Sax
represented a group of homeowners against the
Board of Directors, which led to a six-week
court trial, post-trial motions and an appeal.
A major law firm, which specializes in HOA
litigation, represented the Board. The Board's
law firm demanded $600,000.00 in attorney fees
from the HOA members. The Sax Law Firm persuaded
the court to reduce the attorney fees claim to
$300,000.00, due to alleged malpractice by the
Board's law firm. After an appeal and mediation,
the Sax Law Firm persuaded the HOA Board to
accept $180,000.00 in full settlement, subject
to the vote of all of the homeowners. The Board and
its attorneys argued that the Sax proposal would
never be accepted by the homeowners, but it
ultimately passed by a vote of 40-3.
Sonoma
County Superior Court
Catastrophic Personal Injury
A products liability action against a major
pharmaceutical retailer. A result of the
overdose of plaintiff, who sustained serious
injury when a pharmacy employee failed to fill a
prescription in accordance with the orders of a
physician, and entered erroneous data onto the
label of the medication bottle. Client was
awarded $500,000.00 after mediation.
An action representing a client who was
involved in a dog bite accident taking a chunk
out of her upper lip, leaving her with a
permanent scar. Plaintiff was required to seek
physicians and surgeons to examine, treat, and
care for her. Client suffered serious injury and
damages. Plaintiff was once a model. Client was
awarded $125,000.00 after multiple mediation and
settlement conferences.
Currently representing eight members of a
family, including a newborn and other young
children, for respiratory and pulmonary
illnesses and other health difficulties they
sustained while living in a rented home that
suffered from extreme surface and airborne mold.
Despite being noticed, landlords refused to
remedy the situation. After tenants rightfully
withheld rent, landlords evicted them in
retaliation.
Represented an adult female who was a minor at
the time of sexual abuse from a worker at a
Sonoma County group home. Client suffered
extreme mental and emotional injuries for which
client was awarded $475,000.00.
A $1,350,000.00 dollar settlement for
catastrophic injuries arising out of a motor
vehicle accident involving a major
transportation company. Plaintiff was required
to undergo extensive spiral surgery.
Construction Defect
After compelling defendants to mediate the
controversy pursuant to their written contract,
the Sax Law Firm obtained a $250,000.00 settlement for plaintiffs
in a construction defect case involving a home
builder, six subcontractors, and a home warranty
company. The slab foundation that had been
used on the subject property site did not
perform to its intended design causing
significant structural defects.
Real Estate
Successful resolution of a dispute between
a
real property seller, a neighbor, and a nationally
known title insurance company. Client/plaintiffs
had purchased a real property from
defendant/sellers in which an easement had not
been
correctly described.
Civil
The Sax Law Firm successfully defended a
commerical fisherman, who had been falsely
accused of stealing commercial fishing gear, in
a criminal trial. Now, the Sax Law Firm is
defending the fisherman in a civil action, and
is pursuing claims of malicious prosecution,
libel, and slander against his accusers. The Sax
Law Firm asserts his accusers, who are business
competitors, improperly abused the process of
the legal system to exact revenge against the
fisherman for having been an informant to law
enforcement authorities about their illegal
fishing activities.
After eight years of litigation, the Sax
Law Firm settled a wrongful
death action involving a husband who had furnished
his mentally ill wife with a loaded handgun.
An action involving an international company
and multiple independent contractors, who had litigated
the purchase and sale of transportation routes, settled at mediation.
Defended an auto dealership against eviction,
while settling a related case involving the auto
dealer’s specific performance of the purchase of
the real estate underlying the auto dealership.
Resolved a substantial action against a major
energy corporation, after obtaining relief from
a bankruptcy court and resolving esoteric issues
involving mining claims. The action arose out of
the catastrophic wildland fire that burned over
12,000 acres. The case settled for $200,000.00.
Represented a member of a well-known local
family in a real estate quiet title action
involving claims of civil harassment and
complicated issues of conservatorship.
Defended a client charged with a multi-million
dollar embezzlement.
On the eve of trial, the Sax Law Firm
settled a case in which our clients, who owned a
dance studio, were falsly accused and suffered a
tremendous loss of income and reputation.
Family Law / Guardianship
After a two-day trial, the court awarded
a father increased visitation after his former
spouse had sought to take away all of his
visitation rights.
In a recent guardianship action, the Sax
Law Firm convinced the
court to return a son to his natural father after
only one emotional court hearing.
At the commencement of trial, the Sax
Law Firm brought about the resolution of complex,
highly contested child custody and visitation
issues.
Maternal Grandmother petitioned the Court for
guardianship of her grandson. Mother was abusing
drugs and child was physically abused by
Mother’s boyfriend. Grandmother was awarded
guardianship of the child. Once Mother changed
her lifestyle and the relationship between
Mother and Grandmother was improved, the child
was returned to Mother’s care.
During a three-day trial over the characterization shares
of stock in a family corporation in the amount
of 1.5 million dollars, husband claimed the
shares of stock were community property and wife
claimed they were separate property. The case
involved the
litigation and interpretation of numerous estate
planning and corporate documents. Sax’s client
was the wife, and her shares were confirmed as her
separate property.
Criminal
Represented a devastated 18 year old on
probation, who while driving under the influence
had caused death of
a young woman.
Result: Sentenced to several months in Juvenile Hall.
Recently achieved a dismissal in a Domestic
Violence matter. Defendant’s former girlfriend
had a vendetta against Defendant and his new
girlfriend, and there were no eyewitnesses or
any evidence to support the false allegations.
After a fourteen 14 year old threatened to
kill his mother, Sax was able to get the case dismissed.
Negotiated a fair plea bargain of a $40,000.00
embezzlement case.
•Sax persuaded the District Attorney to dismiss
false charges of theft against a client after
several days of jury trial. The Sax Law Firm is
now proceeding on a civil lawsuit for malicious
prosecution, libel, and slander against the
persons who made the false charges.
Effectively defended a client who was charged
with assault with a deadly weapon, a 20-pound
rock, which hit the head of a bystander, causing
serious injuries.
Effectively defended a client charged with
narcotics possession.
Convinced the court to dismiss all charges
against a client charged with domestic violence.
Won a two-day court trial on Christmas Eve,
obtaining a dismissal of kidnapping charges.
Effectively defended a client charged with a
gang-related shooting.
Effectively defended a client against charges
of voluntary manslaughter, arising out of an
auto accident in which one person died and two
others were seriously injured.
Lake
County Superior Court
Catastrophic Personal Injury
Pursing an action on behalf of a minor, who over the
years had suffered continuous sexual abuse
by her uncle.
Civil
Sax represented
defendant, a commercial landlord from San
Francisco. Plaintiff was the owner of a bar in a
commercial shopping center in Clearlake.
Plaintiff entered into an agreement to sell the
bar and liquor license. Defendant demanded back
rent for seventeen (17) years based upon a
“gentlemen’s agreement.” The agreement to sell
the bar and liquor license fell through.
Plaintiff sued defendant for a first cause of
action for Interference with Contract and a
second cause of action for Interference with
Prospective Economic Advantage and Punitive
Damages. Plaintiff reduced their demand to
$75,000.00 and Defendant offered $0.00 before
trial. This was a four (4) day Jury Trial. The
Jury was out for one (1) hour and rendered a
Special Verdict for Defendant. The Jury decided
11-1 on the first cause of action and 11-2 on
the second cause of action that Defendant was
not a substantial factor regarding the failure
of the agreement to sell the bar and liquor
license.
The Sax Law
Firm successfully resolved a dispute between
neighbors regarding property line issues,
building and health code violations, trespassing
and county code enforcement issues.
Successfully defended a client in a complex
real estate partition action.
Criminal
Effectively resolved a case in which a minor
was charged with assault with a deadly weapon,
after successfully resisting a District
Attorney’s action to have the minor tried as an
adult. The minor is now successfully
rehabilitated.
Family/Guardianship
After a four-day trial, the Sax Law Firm
successfully defended natural parents against a
Petition for Guardianship by maternal
grandparents.
After a two-day contested trial, Sax's
client obtained guardianship of his younger
sister. Our client petitioned the court for
guardianship of his younger sister due to her
continuous sexual assault by their uncle. Our
client's mother and father were not suitable for
taking care of his younger sister, and did not
protect her from the continuous abuse that she
had suffered through the years.
Obtained a reversal of a temporary restraining
order in a domestic violence action.
Mendocino County Superior Court
Criminal
In a case where a client’s home was searched,
client was arrested and charged with possession
of marijuana and firearms. Sax Law Firm got the
case dismissed due to the fact that the warrant
was not valid.
Civil
Successfully defended a client in a
complicated real estate partition action.
The Sax Law Firm obtained a successful
settlement for a client who was a homeowner near
the Geysers area. A catastrophic wildland fire
had destroyed our client's property, including
his home, vehicles, rare possessions, and an
accumulation of valuables from travels of over
50 years. Our clients property was valued in
excess of one million dollars. The fire was
ultimately identified as having been caused by
an energy corporation.
Marin County Superior Court
Civil
Effectively defended a client against claims
involving partnership dissolution, trade name
infringement, and bankruptcy issues.
Criminal
The Sax Law Firm obtained a dismissal of
a case in which our client was pulled over by
Marin County Police Department without reason.
Effectively defended a client charged with
alleged two million-dollar embezzlement.
Family
Convinced the court to award a victim of
domestic violence sole physical and legal child
custody, with child visitation to the other
parent only after the completion of anger
management rehabilitation.
Los Angeles County Superior Court
Criminal
Successfully defended a client charged with
making alleged felony terrorist threats.
Historical
Accomplishments
Hundreds of
successful resolutions of family law cases
through settlement and trial.
Successful settlement in a family law case
involving two estates, a partnership real
estate dissolution and accounting, and the
partition of eleven properties.
Successful representation of over twenty
plaintiffs in a commercial slumlord action with
multiple parties, arising out of the most
catastrophic fire in Mendocino County history.
Successful defense of an appeal to the
California Supreme Court in a termination of
parental rights case.
Successful appeal to the California Supreme
Court in a major personal injury case.
Successful resolution of a wrongful
death/medical malpractice case involving a
psychiatrist who gave his client access to a
loaded handgun.
Successful appeal against an attorney who
claimed the defense of litigation privilege when
charged with slander, defamation, and
intentional infliction of emotional distress.
Successful prosecution of three medical
malpractice claims against Kaiser.
Award of punitive damages against a major
insurance company and its attorneys in a
slumlord case with over twenty plaintiffs.
Successful settlement in an action involving
the dissolution and reorganization of a
multi-million dollar shopping center partnership.
Civil Rights action against a police
department in Marin County that resulted in the
reorganization of the department.
Defense of a corporation after the collapse of
an eight million dollar real estate mortgage
company.
One of the first whistle-blower cases against
the City and County of San Francisco and its
Department of Public Works.
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