Sean Ponist serves as the Chair of the Civil Litigation Section of San Diego County Bar Association and invites you to attend the section’s special seminar entitled “Closing Arguments with Renowned Trial Attorneys:  James Brosnahan and Don Rushing” which takes place November 9, 2021. Closing argument is the attorney's final statement to the jury before deliberation begins. An effective closing argument is one of the most critical parts to any trial. Together, renowned trial attorneys James Brosnahan and Don Rushing have tried well over 200 cases to verdict. In this seminar, they will help attendees understand the purpose of a closing argument, as well as the art of developing an effective closing argument.

The Ponist Law Group is pleased to announce that founding partner Sean E. Ponist has been selected to both the 2021 San Diego Super Lawyers List as well as the 2021 Northern California Super Lawyer List.  Mr. Ponist’s selection to multiple regions of the State is unique and reflects his presence and accomplishments throughout California.  The Super Lawyer award is bestowed upon those who “demonstrate the highest degree of professional achievement and peer recognition” and is awarded to less than 5% of attorneys based on peer nomination and evaluation as well as independent research.

The Ponist Law Group (“PLG”) represented clients wrongly accused of failing to pay back a purchase money loan and of fraud in connection therewith.  Attacking the merits of the action, PLG moved for dismissal (judgment on the pleadings).  Based on the strength of PLG’s moving papers, the other side dismissed the action and agreed to a full release of all claims against our clients.  The great result—i.e., a complete dismissal of the action early in the proceedings—saved our clients significant time, expense and aggravation of protracted litigation. 

In the recent decision in the matter of Cheng v. Coastal L.B. Assocs., LLC, Case No. B303519, 2021 WL 4305054 (Sept. 1, 2021), the Court of Appeal for the Second District upheld the trial court’s “order confirming [the] appraisers’ award valuing the parties’ respective 25 percent interests in the LLC at a discounted fair market value.” In the foregoing matter, “Appellant filed an action for involuntary dissolution of the LLC in October 2017. Respondents moved for an order staying the dissolution action and electing to purchase appellant’s [] interests in the LLC pursuant to section 17707.03” which permits the remaining LLC members to purchase the selling interests at fair market value (“FMV”). 

Please join us on September 28, 2021 to hear from Sean Ponist and Cary McReynolds as they discuss “The Ins-and-Outs of Real Property Liens and Encumbrances.”  The seminar examines common liens/encumbrances placed on real property, including lis pendens, prejudgment/attachment liens, judgment liens, execution liens, mechanics liens and stop payment notices, design professional liens, HOA liens, buyer liens, deeds of trust, options to purchase and other clouds on title. The CLE will examine, among other things, particular requirements to place such liens/encumbrances as well as steps necessary to remove them.

Over the course of the past year and a half, individuals and businesses in California have been forced to adapt to a new way of life brought on by the coronavirus pandemic.  In response, state and local governments have adopted various legislation to accommodate these changes as well as measures to address financial hardships suffered as a result of the pandemic.  One crucial legislative focus has been on the inability of tenants to pay rent, including office, retail, industrial and other commercial tenants.

In the recent decision of Shaper v. Zadek, Case No. 21-cv-00493-EMC, 2021 WL 3885958 (N.D. Cal. Aug., 31, 2021), the court addressed whether loans purchased by investors were “securities” under federal securities laws and, if so, whether the seller of the notes had violated federal securities laws by failing to, among other things, register as an investment adviser and/or broker-dealer.  The answer is lawyerly and, perhaps, unsatisfactory, i.e., it depends!  Where the notes were purchased for investment purposes, offered and sold to a broad segment of the population, reasonable investors would view them as securities and not merely notes, and there is no other statutory scheme directly regulating the transaction, they should be treated as “securities.”  Nonetheless, additional considerations will determine whether the party offering the note must register as an investment adviser or broker-dealer under federal securities laws. 

The Ponist Law Group is proud to announce that founding partner Sean E. Ponist has been selected as a 2020 Northern California Super Lawyer, highlighting those who “demonstrate the highest degree of professional achievement and peer recognition.” This marks the 10th year that he has been selected as a Super Lawyer. The distinction is awarded to less than 5% of attorneys based on peer nomination and evaluation as well as independent research.

Join us on Wednesday, October 14, 2020 to hear from Superior Court Judge Eddie C. Sturgeon and experienced trial attorney Sean E. Ponist as they discuss keys to success in the courtroom and useful tips for litigators. The presentation will cover, among other things, “knowing your judge,” “sizing up your case,” motion practice and argument as well as trial pointers. This legal education seminar is sponsored by the San Diego County Bar Association.

In the wake of the novel coronavirus pandemic, city and county governments throughout the State of California passed laws to stay eviction proceedings against tenants, including commercial tenants. Additionally, the Judicial Council of California also took action to protect tenants. On August 13, 2020, however, the Judicial Council of California voted to end the emergency rules affecting evictions and foreclosures (Rules 1 and 2, respectively) effective September 1, 2020.