Civil Trial Practice

Examples of Mr. Benice’s successful civil trial practice include:

Confidential Legal Malpractice Settlement

In February 2009, Mr. Benice successfully settled a legal malpractice case for $1,000,000 shortly before the commencement of trial.

Tu vs. Wong, et al.

In May 2007, in the Los Angeles County Superior Court, Mr. Benice successfully defended his client, Kenny Wong, from a claim that Wong forged his ex-wife’s signature to various real estate grant deeds, and misappropriated her property. When Wong’s ex-wife died, her heirs sued Wong, seeking in excess of $2,000,000 in damages. However, after a seven-day court trial, the court granted Wong’s Motion to Dismiss all claims of misappropriation against Wong.

Confidential Personal-Injury Settlement

In February 2006, on behalf of his client, Mr. Benice successfully settled a serious personal injury case, recovering $1,000,000 shortly before trial was scheduled to commence.

Connie Barthell vs. SunCal Companies, Los Angeles County Superior Court

In March 2005, Mr. Benice successfully defended his client, the SunCal Companies (”SunCal”), from plaintiffs’ (Connie Barthell) Breach of Settlement Agreement claim during binding arbitration before Judge James Ouderkirk.

Plaintiff claimed that she was entitled to damages of $4,000,000 arising from SunCal’s alleged Breach of the Settlement Agreement. SunCal denied plaintiff’s claim. After a three-day arbitration hearing, Judge Ouderkirk ruled that SunCal had not breached the Settlement Agreement and awarded no damages to plaintiff.

Confidential Legal Malpractice Settlement

In April 2004, Mr. Benice successfully negotiated a $1,795,000 net settlement, to settle his client’s malpractice claims against the client’s former counsel, after jury selection concluded in an Orange County Superior Court Action.

Mingirulli vs. Aboubakare

In November 2003, Mr. Benice successfully defended his client, defendant Nasar Aboubakare, from a plaintiffs’ fraud claim arising from a residential real estate purchase and sale transaction.

In 2001, defendant sold plaintiffs a residence in North Orange County, California. Plaintiffs claimed that defendant had concealed substantial subsoil and other latent defects from plaintiffs prior to the sale. Plaintiffs sought in excess of $450,000 in repair costs; $250,000 in diminution in value damages; and punitive claims for fraud. After a nine-day jury trial, the jury returned a 12-0 defense verdict in favor of Mr. Benice’s client, the defendant.

Morgan vs. SunCal, et al.

In August 2003, Mr. Benice successfully defended his clients, the SunCal Companies, and its partners from a plaintiff general partner’s claim of fraud and breach of fiduciary duty in the Los Angeles Superior Court. The plaintiff sought in excess of $15,000,000 in damages. After a ten-day trial, the jury returned a unanimous defense verdict on a key factual issue. The plaintiff recovered no damages.

Coleman Enterprises, Inc. vs. QAI, Inc., et al.

In November 2002, Mr. Benice tried this action in the Tenth Judicial District Court in Minnesota. Mr. Benice successfully defended his client QAI, Inc. from plaintiff Coleman Enterprises, Inc.’s claims against QAI, Inc. for in excess of $12,000,000 in damages.

Coleman sued QAI, Inc. for fraud and related claims, contending that QAI had acted wrongfully in administering a multimillion dollar telecommunications contract between QAI and Coleman. Mr. Benice also obtained a $5,400,000 judgment on QAI, Inc.’s counterclaim against Coleman for breach of contract.

Confidential Securities Fraud Case Settlement

In June 2002, Mr. Benice successfully settled a portion of a securities fraud action pending in the O.C. Superior Court, on behalf of his clients, the plaintiffs, for $2,100,000.

LDCB vs. QAI, Inc., et al.

This action, tried in September 2002, in Federal District Court, Detroit, Michigan, involved a breach of contract and fraud action between telecommunications carriers, plaintiff Long Distance Consolidated Billing (LDCB), and defendants QAI, Inc., and QAI’s president, and alleged related entities. Mr. Benice represented the defendants. LDCB sought in excess of $2,500,000 in general damages, for breach of contract and fraud against the defendants.

LDCB also sought millions of dollars in alleged punitive damages. After LDCB rested its case, Mr. Benice succeeded in persuading the District Court to dismiss LDCB’s fraud claims against the defendants. Thereafter, Mr. Benice obtained a unanimous 8-0 defense jury verdict on LDCB’s remaining claim for breach of contract.

Adam Mintz vs. WWC Corp.

In March 2001, Mr. Benice obtained a defense jury verdict in an asbestos contamination case in Los Angeles Superior Court. The plaintiff sought in excess of $10,000,000 claiming he had contracted deadly mesothelioma cancer from asbestos gloves distributed by Mr. Benice’s client, defendant WWC Corporation. After a ten-day jury trial, the jury returned a unanimous defense verdict.

David Lee Roth vs. AON Insurance Company and Related Insurance Companies

In 1999 and 2000, Mr. Benice successfully represented David Lee Roth of the multi-platinum rock group Van Halen. Mr. Benice recovered $1,100,000 in damages against his insurance carriers, arising from their wrongful refusal to pay for earthquake damage to his Pasadena estate.

Cuba Libre Humidors, Inc. vs. Phillips & King

In January of 1999, Mr. Benice represented the plaintiff in Cuba Libre Humidors, Inc. v. Phillips & King, in Los Angeles Superior Court, a fraud and breach of contract action. After a five-day jury trial, the jury unanimously awarded general damages of $888,775 and punitive damages of $888,775, totaling $1,777,550 to the plaintiff.

Andrew Rose vs. General Dynamics

In 1996, Mr. Benice successfully represented the plaintiff in Andrew Rose v. General Dynamics [See, General Dynamics vs. Superior Court (Rose), 7 Cal.4th 1164 (1994)], in the San Bernardino Superior Court, which resulted in a million dollar plus settlement prior to closing arguments to the jury. The Rose case involved an issue of first impression in California; the right of an in-house attorney to sue his employer for wrongful termination.

Mock, Inc. vs. Howard Meister

Mr. Benice successfully defended a majority shareholder from a plaintiff’s fraud and breach of fiduciary duty claims arising from the operation of a real estate development firm in an adversary action in the United States Bankruptcy Court, Central District of California. The plaintiff sought $5,000,000 in damages. The Bankruptcy Court ruled in favor of Mr. Benice’s client and no damages were awarded.

Kasparian vs. Western Jewelry Mart

Mr. Benice successfully defended a majority shareholder, the defendant, in a plaintiff’s breach of fiduciary duty and fraud action, arising from ownership of a building in Los Angeles Jewelry Mart in Los Angeles Superior Court. The plaintiff sought $10,000,000 in damages on fraud and breach of fiduciary duty claims. After a one-month trial, Defendants’ obtained a directed verdict on the fraud and breach of fiduciary duty claims, and a defense verdict on the accounting claim.