DISCLAIMER: While we know that for our clients, losing is not an option, there is a winner and a loser in every case. Justice Oliver Wendell Holmes said, "General propositions do not decide concrete cases." In other words, each case is different, and the result depends on the not only the law and the skill of the lawyer, but the facts of each case. Different facts or law may yield different results. The summaries below are not a guarantee or prediction regarding the outcome of your legal matter.
Sale of a Business
Dan Holsenback substituted-in as trial counsel in a case involving claims of fraud and breach of a contract in the sale of a business. After a six day jury trial, the jury returned two 12-0 verdicts in favor of Holsenback APC’s clients, the defendant-sellers.
Commercial Lease of Real Property
Dan Holsenback substituted-in as trial counsel in a San Diego County case involving breach of a commercial lease of real property. After a four day jury trial, he obtained a six-figure judgment for his client, the landlord, and defensed cross-claims for fraud, negligent misrepresentation, and breach of contract.
Construction Defect
Dan Holsenback was lead plaintiff's counsel in a construction defect case brought by Williamsburg Developments against Crib Retaining Walls, Inc. He secured a judgment of $7,850,000 after a judge trial consisting of direct examination of two expert witnesses and submission of numerous detailed declarations. CRW was not represented at trial because its carrier pulled its defense days before trial. The Holsenback team took an assignment of bad faith rights from CRW in exchange for a covenant not to execute. Then, they filed an insurance bad faith action against CRW's carrier. The Holsenback team survived three motions for summary judgment and a year of worldwide depositions while developing a strategy that established liability and damages as a matter of law, leading to the largest insurance bad faith settlement in California in 1998. Mr. Holsenback handled all oral argument and nearly all depositions in the bad faith case and personally conducted the settlement negotiations.
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Sale of a Business
Dan Holsenback substituted-in as trial counsel in a case involving claims of fraud and breach of a contract in the sale of a business. After a six day jury trial, the jury returned two 12-0 verdicts in favor of Holsenback APC’s clients, the defendant-sellers.
Commercial Lease of Real Property
Dan Holsenback substituted-in as trial counsel in a San Diego County case involving breach of a commercial lease of real property. After a four day jury trial, he obtained a six-figure judgment for his client, the landlord, and defensed cross-claims for fraud, negligent misrepresentation, and breach of contract.
Construction Defect
Dan Holsenback was lead plaintiff's counsel in a construction defect case brought by Williamsburg Developments against Crib Retaining Walls, Inc. He secured a judgment of $7,850,000 after a judge trial consisting of direct examination of two expert witnesses and submission of numerous detailed declarations. CRW was not represented at trial because its carrier pulled its defense days before trial. The Holsenback team took an assignment of bad faith rights from CRW in exchange for a covenant not to execute. Then, they filed an insurance bad faith action against CRW's carrier. The Holsenback team survived three motions for summary judgment and a year of worldwide depositions while developing a strategy that established liability and damages as a matter of law, leading to the largest insurance bad faith settlement in California in 1998. Mr. Holsenback handled all oral argument and nearly all depositions in the bad faith case and personally conducted the settlement negotiations.
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