Representative Cases

Representative Cases

Representative Matters

  1. Pack v. Elizondo: Nevada Superior Court action in which Mr. Frank represented buyers against sellers who failed to disclose presence of underground gasoline storage tanks. After a multi-day trial, Mr. Frank secured a judgment against the sellers for the full amount of investigation and cleanup costs, plus the buyer’s attorney’s fees and costs.
  2. Rainbow Lodge v. Warren: US Eastern District Court of CA. RCRA action in which Mr. Frank defended a $1.5 million dollar claim for oil contamination against his 12 clients who were limited partners/investors in the 1990s renovation of the historic Rainbow Lodge near Lake Tahoe. Mr. Frank got all 12 limited partners completely exonerated from any liability and got their attorney’s fees paid for through insurance money, and recovered all of the attorney’s fees and costs incurred during the lawsuit from the party who sued his clients. In addition, Mr. Frank was also able to recover over 95% of the money invested by the limited partners plus interest on their investment.
  3. Riebes v. SS&G: US Eastern District Court of CA. CERCLA lawsuit in which Mr. Frank negotiated a complex rescission action whereby his client-seller took back title to land contaminated with gold mining waste. Mr. Frank secured a large monetary settlement from various PRPs and insurance carriers sufficient to pay for the investigation and cleanup of the property. In addition, Mr. Frank also secured a summary judgment against the seller’s insurance company in a related state court action which required the insurance company to pay for all attorney’s fees and costs incurred by the seller in the CERCLA lawsuit.
  4. Bank of America v. Lincoln Airport Business Park: Placer County Superior Court judicial foreclosure action in which Mr. Frank defended the Park entity and its partners from a multimillion dollar deficiency judgment. Mr. Frank successfully negotiated the redemption of the property by the borrower after the foreclosure sale, and the sale of the property immediately thereafter to Coherent Technologies, Inc., resulting in a $4.5 million dollar profit for his client. He thereafter limited his client’s deficiency judgment liability to B of A from over $2.5 million to just over $700,000.
  5. McGilvray v. Hanson Concrete & Pipe: Sacramento County Superior Court lawsuit in which Mr. Frank obtained a judgment of over $800,000 for his landlord-clients against Hanson Concrete after a two week jury trial, in which the jury found Hanson liable for polluting the property with several hundred tons of concrete rubble, rebar and debris during its 20 year tenancy. The judgment included an award of 95% of the attorney’s fees and costs incurred by his clients.
  6. Ghandour v. Tahoe Sands Resort: Placer County Superior Court action in which Mr. Frank represented the beneficiaries of an easement to Lake Tahoe across the Tahoe Sands Resort property in two separate trials and two appeals to the Third District Court of Appeal in Sacramento. In the end, Mr. Frank prevailed in getting the courts to confirm his clients’ easement rights to the Lake and obtained injunctive relief preventing the resort from interfering with those rights. Mr. Frank was also successful in recovering from the resort nearly all of the attorney’s fees and costs his clients incurred during the nine years of litigation.
  7. Carrasco v. Roumiguere: Lake County Superior Court lawsuit in which Mr. Frank prevailed in a rescission action against the seller of a 375 acre vineyard who failed to disclose to the buyer that one-third of the vineyard was planted on AXR-1 rootstock, which is not resistant to Philoxera (a bug which devastates grapevines). After a week-long trial, Mr. Frank recovered all of the buyer’s down payment money and all attorney’s fees and costs incurred by the buyer.
  8. Columbian Mutual Life Insurance Company v. Benvenuti. Sacramento County Superior Court Judicial Foreclosure lawsuit involving industrial property security contaminated by TCE and PCE. Mr. Frank secured a judicial foreclosure decree on behalf of the lender after obtaining a comprehensive Hold Harmless and Indemnification Agreement from two PRP defense contractors in favor of the lender and future property owners and lenders so the fair market value of the property would be unaffected by the contamination. Mr. Frank then secured a deficiency settlement from the borrowers, which included an award of the attorney’s fees and costs incurred by the lender.
  9. Carrillo v. Kimco Realty Corp.: Nevada County Superior Court action involving landlord’s wrongful failure to consent to assignment of lease in connection with sale of tenant’s restaurant. Lease permitted assignment, but landlord would not consent without increase in monthly rent to prevailing market rate at time of assignment request. Breach of contract and intentional interference with contract claims prosecuted by Mr. Rosenthal on behalf of restaurant owners who prevailed after binding arbitration and recovered contract damages plus attorney’s fees and costs.
  10. Benning v. Encompass Insurance Company: Uninsured Motorist claim arising out of motor vehicle accident in which client struck by uninsured motorist and suffered extensive dental injuries from striking his face on the driver’s side window of his vehicle in the subject accident. Mr. Rosenthal represented the client and was successful following a binding arbitration in recovering all claimed damages, including a substantial amount for future pain and suffering.
  11. Nichols v. Project Go: Personal injury claim arising out of assault by apartment complex handyman on senior resident who suffered broken nose, and other injuries. Defendant claimed the resident had a history with the complex and initiated the incident. Mr. Rosenthal represented the plaintiff and settled the matter for a substantial confidential sum of money without having to file a lawsuit.
  12. Murphy v. Farmers Insurance Company: Sacramento County Superior Court action for bad faith breach of contract against client’s insurance carrier. The pipes in the client’s vacation home froze and consequently burst resulting in significant property damage and cost to repair. Client’s homeowner’s insurance carrier denied the claim. Mr. Rosenthal sued the insurance company, and with the use of expert consultants disproved all of the carrier’s defenses, which resulted in the insurance carrier paying for all of the repair costs and attorney’s fees.
  13. Ferlini v. Kaur: El Dorado County Superior Court action arising out of head-on motor vehicle accident resulting in client’s need for cervical and hip surgery. After extensive litigation, case settled for defendant’s policy limits.
  14. Lego v. Grocery Outlet, Inc.: Shasta County Superior Court claim filed against grocery store for dangerous conditions on its premises which resulted in elderly woman falling off a curb and breaking her hip. Unfortunately, the client passed away several months after the incident and the action was filed by Mr. Rosenthal on behalf of the woman’s family. After extensive litigation, a significant settlement was reached, including an agreement by defendant to undertake a comprehensive repair of the dangerous condition.

The foregoing is just a sample of the dozens of major cases Frank Law Group, P.C. and its lawyers have won or settled as lead counsel for their clients. Mr. Frank and his firm have successfully won, settled, or defended several hundred cases and claims since the firm was established in 1993.