Recent Results

Check this page for summaries of interesting recent cases handled by FHK.

Defense Verdict in Wrongful Death Suit

Dan Friedenthal and Kevin Heffernan obtained a defense verdict in Orange County Superior Court in a wrongful death action brought by the family of an individual who died after undergoing emergency room treatment for severe headaches. Ten months prior to the hospitalization, plaintiffs' decedent was involved in a minor rear-end traffic accident with an employee of FHK's client. Plaintiffs blamed the decedent's continuing headaches and ultimate death on the traffic accident. FHK cross-complained against the treating physicians and hospital in which plaintiffs' decedent died. After an eight-week trial, the jury found that FHK's client was not a substantial factor in the death of plaintiffs' decedent. FHK also prevailed in striking the requests for expert witness costs of the cross-defendants.

Dismissal of Molestation Claim

FHK obtained a dismissal for a waiver of costs with a motion for summary judgment pending in an action by a student at Beverly Hills High School who asserted she had been sexually molested by another student during summer school. FHK's client operated the summer school program for Beverly Hills Unified School District. Plaintiff claimed that her assault had occurred because of the negligent management and supervision of the program. In a motion for summary judgment, Jay Brown of FHK argued that the assault had occurred long after summer school hours and that FHK's client had violated no duty of care to plaintiff.

Minimally Encroaching Building Owner Receives Equitable Easement

The defendant purchased a lot in a “zero set-back” jurisdiction, demolished the existing building and built a two-story commercial office building up to the lot line. Plaintiff, the neighboring landowner, filed suit, claiming the defendant was encroaching on her property. The defense asserted the encroachment was de minimis and innocent. Under the “relative hardship doctrine” an  encroaching defendant can receive an equitable easement if the encroachment is minimal, innocent and there is no irreparable harm to the plaintiff. Plaintiff asserted that the defendant’s decision to proceed with construction after being put on notice of the encroachment demonstrated a lack of innocence. The defendant countered this claim by producing the survey that he had obtained during construction, which showed his building was in plumb. However, subsequent to the completion of the construction, defendant’s same surveyor did another survey which showed that his building was actually out of plumb. The trial court found that the subsequent survey did not negate defendant’s showing of good faith and granted and equitable easement.  The decision was upheld on appeal. Kevin Heffernan was trial counsel for the defendant.

Dan Friedenthal Obtains Defense Verdict in Downtown Los Angeles Jury Trial

Plaintiff was injured in an altercation while a customer at co-defendant’s nightclub. Following a verbal dispute, plaintiff was struck over the head with a bottle by another patron. Plaintiff sued the attacker, the nightclub and its security company, and the property owner and management company. FHK represented the landowner and argued at trial that it could have no liability for incidents that occurred on premises leased by the nightclub without actual knowledge of the allegedly dangerous condition and the right to cure such condition, neither of which conditions were met. Following a two-week jury trial, the trial court, the jury returned a verdict finding no liability against the landlord. Amelia McDonald, Michael Rix and Jay Brown of FHK assisted in the defense. 

Summary Judgment Granted in Jewel Theft Case

Kevin Heffernan of FHK represented an owner of parking lot next to a bank in the Mid-Wilshire section of Los Angeles. Plaintiff alleged that one of the tires on his vehicle was slashed by individuals in the parking lot who intended to later rob him. Plaintiff left the structure, drove over two blocks and stopped his vehicle on a public street, whereupon he was then allegedly assaulted and robbed of $900,000.00 in gems. Plaintiff sued the landowner for negligence and premises liability. Jay Brown of FHK prepared a motion summary judgment on behalf of the landowner, successfully arguing that the landowner had no duty to protect plaintiff from third-party criminal acts that did not occur on property owned or controlled by defendant.