The firm’s legal expertise and trial experience allow it to achieve better settlements before trial and better results at trial when settlement is not possible.
The Ponist Law Group Obtains a Complete Dismissal of Action on Behalf of Clients
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.
The Ponist Law Group Obtains Summary Adjudication in Clients’ Favor in Lawsuit Alleging Fraud in Connection with Commercial Construction Loan
In a lawsuit alleging fraud and misrepresentations in connection with a commercial construction loan, the Ponist Law Group obtained summary adjudication on behalf of its clients, leading to a favorable defense settlement with the remaining plaintiffs for less than 3% of the amount of damages sought.
The Ponist Law Group Obtains a Dismissal of the Action Based on the Pleadings and Judgment in Client’s Favor
In the lawsuit, the plaintiff had alleged wrongdoing on behalf of a client of the Ponist Law Group’s in connection with the foreclosure of a commercial property. The Ponist Law Group successfully moved to dismiss the matter on the pleadings and obtained a judgment in their clients’ favor.
The Ponist Law Group Obtains a Favorable Settlement on Behalf of National Shopping Center Client in Connection with Construction Delay Damages
In the lawsuit, the general contractor claimed it was owed significant sums under the construction contract for work reconstructing part of the shopping mall. The shopping center owner had withheld funds based on the contractor’s delayed performance and damages suffered as a result of the delay. The Ponist Law Group was able to negotiate an early resolution on behalf of its owner-client, which fully compensated its client for delayed damages and allowed it to pay a greatly reduced sum for the contractor’s services.
In a Published Decision, Attorneys Ponist and Yockelson Secure Right to Jury Trial for Businesses in BP 17200/17500 Civil Enforcement Actions
In a groundbreaking decision, the appellate court overturned years of precedent which denied businesses the right to a jury trial in civil enforcement actions brought by the State of California against businesses. In this matter, the State of California sought tens of millions from a client for alleged unfair business practices and sought to do so without the right to a jury trial. Attorney Ponist successfully argued that trial without a jury violated his clients’ fundamental, constitutional rights, arguing, in part, “California has never afforded parties lesser rights than what they’re afforded under the United States Constitution. That’s never happened. It’s not that you come to California, you might get higher minimum wage, better environmental protections, but when it comes to Constitutional rights, tough luck.”
The Ponist Law Group Reaches Favorable Confidential Settlement on Behalf Elderly Client Defrauded in Connection with Purchase of a Business
The Ponist Law Group represented an elderly client in an arbitration in connection with the purchase of business and asserted claims for breach of contract, rescission, fraud/misrepresentation and financial elder abuse. Following a multi-week arbitration proceeding, the Ponist Law Group was able to reach a favorable resolution on behalf of our client.
The Ponist Law Group Obtains $2.2 million Settlement for Investors in FINRA Arbitration Against Securities Broker-Dealer
Representing multiple families, the Ponist Law Group alleged that a rogue broker of a securities broker-dealer, charged with managing the accounts of their clients, improperly churned the clients’ accounts, excessively traded the clients’ accounts and placed the clients in unsuitable investments. The Ponist Law Group was able to successfully negotiate a settlement for $2.2 million on behalf of their clients.
The Ponist Law Group Favorably Resolves Paternity Testing Dispute Claim Against Laboratory
The Ponist Law Group defended a laboratory against claims that it had erroneously switched paternity testing results, allegedly inaccurately indicating that one man was the father of the subject child when, according to the plaintiff, it was another man. According to the plaintiff, this caused “irreparable damage” and “emotional distress.”
The Ponist Law Group was able to successfully resolve the matter early for a nuisance settlement.
The Ponist Law Group Obtains a Complete Defense Verdict for Commercial Real Estate Brokerage Company
The Ponist Law Group represented a commercial real estate brokerage company, its designated broker and its agent in a dispute in which plaintiff real estate investors alleged fraud, breach of fiduciary duties and conduct falling below the standard of care. After a two-week trial, the Ponist Law Group obtained a complete defense verdict, absolving their clients of any wrongdoing.
The Ponist Law Group Obtains a Favorable Judgment After Trial for Special Needs School
The Ponist Law Group represented a school serving special needs students against the lessor attempting to terminate the school’s lease. After a bench trial, the judge rejected the lessor’s efforts to terminate the lease early and, instead, awarded the school an extension of its lease.
The Ponist Law Group Obtains a Favorable Settlement for Multinational Client Involving Ambiguous Commercial Leasing Language
The dispute between the lessor and lessee involved the interpretation of a rental increase provision contained in the lease. Because of the amount of rent involved as well as the lengthy term of the lease, the difference in interpretations equated to millions of dollars. The Ponist Law Group was able to successfully negotiate a resolution which saved their client millions of dollars demanded by the lessor.
Attorney Ponist Obtains Judgment in Client’s Favor in a partnership dispute over the ownership and control of business.
Following a two-week trial, Attorney Ponist secured a judgment in his client’s favor, awarding his client ownership as well as management and control of the business against his partner who had attempted to force him out of the business.
Attorney Ponist Obtains a Favorable Result for Commercial Landowner in a Quiet Title Action, Involving Complex Title and Ground Lease Issues
After a two-week trial, Attorney Ponist forced the opposing party to dismiss all claims against his client and agree to relinquish all rights, title and interest, if any, in the disputed real property to his client.
Attorney Ponist Obtains a Verdict on Behalf of Commercial Real Estate Brokerage Client
Attorney Ponist represented a commercial real estate brokerage and its agents in an arbitrated matter in which plaintiff buyer sought damages for alleged nondisclosure of material facts and clients sought recovery of their commission. After arbitration, plaintiffs’ claims were rejected, and clients were awarded their commission.
“Sean and I worked on the same criminal trial team in the Marin District Attorney’s Office, where we often worked on cases together. I found he was a good strategic thinker, analyzed legal issues thoughtfully, and communicated very well with juries. He’s a great trial attorney, and I’m sure his communication skills make him a hit with his clients, too.”
“Sean provided careful, accurate counsel in a complicated legal matter I was involved in for a period of three years. He is well trained and allocates his time well. In short he is a very good attorney”
“I worked previously with Sean as an attorney at a firm that handles complex and high-stakes litigation, as well as general commercial disputes. Sean worked closely with clients to craft business solutions and, if necessary, zealously pursue litigation on their behalf. He is an effective advocate both in and out of the courtroom. Sean is also especially gifted at explaining legal concepts and at helping clients assess their legal options, including arbitration, mediation, trial, and settlement.”
“Sean and I were both attorneys at a former firm with which we were affiliated. Sean is a very smart, experienced attorney, and a really nice guy besides! He works very hard and is dedicated to doing excellent work for his clients.”
“I have had the good fortune to work with Sean on a very complex real estate matter. In spite of these challenges, Sean was able to distill the issues down to manageable components. This is the mark of a skilled attorney. I look forward to the next opportunity to work with him.”
“Handled a complex situation very professionally.”
“Great firm! Responsive to client needs and thoughtful as to what cases need and don’t need. Recommend them highly.”