Emmett McDonough et al v. James Knell et al.

1415007, Superior Court of California, County of Santa Barbara, Anacapa Division

In litigation that lasted more than two years against Foley Bezek Behle & Curtis, LLP’s (“FBBC”) long-time clients, (a real estate investment company, its founder and thirteen limited partnerships), a disgruntled investor that claimed to have lost money sought millions of dollars from FBBC’s clients. The plaintiffs alleged 38 causes of action and sought compensatory and punitive damages. As FBBC implemented its defense strategy to protect its clients, the plaintiffs progressively replaced one law firm with another, eventually using the services of a well-respected and successful Los Angeles law firm to prosecute the Santa Barbara based action. FBBC obtained a complete defense verdict, thus protecting its clients from each of the investor’s claims which were prosecuted in a three-week jury trial.

$2,000,000 + UPDATE:

After obtaining the verdict for its clients, FBBC thereafter, sought, on behalf of the clients, to recover from the Plaintiffs all of the attorneys’ fees and costs incurred in its vigorous and successful defense of the hotly contested action.  Plaintiffs presented an aggressive opposition, not only challenging the amount of fees, but the reasonableness of the fees, as well as a core assault on whether Defendants had any entitlement to fees in the first instance.  FBBC overcame every challenge to the fee request, and obtained for its client all attorneys’ fees expended in the litigation, as well as all statutorily available costs.  Thus, at the ultimate conclusion of the case, FBBC not only obtained a complete victory for its Defendant-clients, but it also obtained an order that Plaintiffs pay FBBC’s clients over $2,000,000 in attorneys fees and costs.