In the state of California, animals are considered “mere property” or chattel. This means that if someone maims or kills your pet dog, cat, or other animal, the traditional measure of damages in civil court is the replacement value (or street value) of the animal. Our office received a case in which a reckless driver …
Attorney Brian Pedigo sucessfully defends another fraud case brought in a bankruptcy adversary proceeding
The United States District Court, Central District of California, in case number 6:08-ap-01384-PC, filed and entered its decision to dismiss a lawsuit against the defendants. Brian Pedigo, attorney of record for the defendants, filed a motion to dismiss under FRCP 12(b)(6) (FRCP 12 is incorporated by reference by the Federal Rules of Bankruptcy Procedure) on …
Insurance Company Reverses its Denial of its Insureds’ Claim
The potential plaintiff in this case (“owner”), was storing his property in a rental storage unit. The owner’s property was destroyed when the storage facility removed the flooding controls to the unit, it rained, and the rain destroyed the property with water damage. Insurance company denied owner’s claim for reimbursement due to an exclusion in …
Settlement Reached in Breach of Contract / Fraud Case on Behalf of Former Independent Contractor
During a court-sponsored mediation, attorney Brian Pedigo helped bring about a settlement in excess of the contract amount promised to plaintiff, an ex-independent contractor for defendant. Plaintiff hired Pedigo to bring a lawsuit for unpaid money earned on a very large mechanical project. Defendant had refused to pay Plaintiff, but after a deposition, several interrogatories, …
Successful defense of fraud claims brought to trial in bankruptcy adversary proceeding
After a two-day bench trial, in the United States District Court, Central District of California, case no. RS 08-01222 MJ , Attorney Brian Pedigo sucessfully defended his clients accused of fraud in a bankruptcy adversary proceeding. The main legal argument was that there was an express condition precedent to the agreement at issue, and that condition …
A Settlement Negotiation with an Insured’s Own Homeowners Insurance Policy Produces a Desired Result
The potential plaintiff in this case, a homeowner, contacted attorney Brian Pedigo when the owner’s homeowner’s insurance company denied a claim for reimbursement. According to owner, the insurance company told him one thing over the phone (“the loss is covered and will be reimbursed”) only to later completely change positions on the reimbursement — and …
