Legal News and Significant Events

 

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08/01/2009

Brian Pedigo Selected as one of Orange County's Top 95 Lawyers by OC Metro

Attorney Brian Pedigo was selected as one of Orange County's Top 95 Lawyers by OC Metro Magazine in its August 2009 edition. For this special issue, OC METRO looked at the top lawyers based on the Avvo rankings in 19 different legal categories. The Avvo rating is an evaluation of a lawyer’s background, calculated using a mathematical model that considers the lawyer’s profile, including years in practice, disciplinary history, professional achievements and industry recognition.

Links:

Orange County's Top Lawyers

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07/31/2009

Pedigo Law Corporation 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 the grounds that judicial estoppel should stop the plaintiff from bringing his claims against defendants.

The reason that judicial estoppel applied in this case was because the plaintiff alleged two breaches of contract against defendants whereby the property allegedly at interest in the contract had not been disclosed in Plaintiff's own prior bankruptcy. Due to Plaintiff's clearly inconsistent positions, the Court agreed with the Defendant's argument that judicial estoppel was necessary in order to protect the integrity of the bankruptcy system. The suit was dismissed in its entirety, with prejudice.

"Average Joe" Summary:

If you are sued for fraud even though you never lied or did anything wrong, see a lawyer immediately! 

Links:

Motion to Dismiss | Court's Memorandum of Decision

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06/11/2009

An 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 the policy for "surface waters" damage.  However, the agent who sold the policy told owner that water damage was a covered event.

After attorney Brian Pedigo went back-and-forth with the company in several phone calls and letters, the insurance company agreed to settle for the policy limits of $5,000.

"Average Joe" Summary:

If an agent (or anyone who sells you insurance) says one thing, and you buy the insurance with that assurance of coverage, the insurance company cannot later trick the insured with some fine-print, hard-to-understand exclusion and deny a claim for loss.

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04/24/2009

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, and a half day of court-sponsored mediation, the defendant agreed to pay.

"Average Joe" Summary:

If you agree to do work for someone, and then you don't get paid for your work, seek legal help to have a chance at a fair settlement (or judgment after trial).

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03/09/2009

Pedigo Law Corporation sucessfully defends 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 was clearly not satisfied.  

"Average Joe" Summary:

If you have a contract problem and are sued in a bankruptcy adversary proceeding for fraud, seek a lawyer immediately!

Links:

Trial Brief | Court's Memorandum of Decision

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01/13/2009

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 after the homeowner had the needed repairs completed. A demand letter was sent to the insurance company by the law firm, and the insurance company offered to pay the owner the full amount of the loss ($7,150.00).

"Average Joe" Summary: When an insurance company says it will do one thing, and then later does the opposite, hire a lawyer to produce a fair settlement.

 

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