Civil Trial Practice

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

State of California v. Health Alert, et al.
Jeffrey S. Benice currently represents the defendants in an action brought by the State of California to recover $10,000,000 in damages for alleged fraudulent sales of health products.

Estate of Megan France
Jeffrey S. Benice represents trust beneficiaries in an action pending in Los Angeles Superior Court, in which a party is contesting $15,000,000 in trust distributions to the beneficiaries.

Estate of Conte
Jeffrey S. Benice represents an omitted beneficiary of a $50,000,000 trust estate pending in San Jose County Superior Court. The omitted beneficiary seeks $25,000,000 in trust distributions.

Simmons v. Simmons
In 2020, Jeffrey S. Benice successfully represented a former wife in a post a dissolution proceeding; the former wife sought to recover her community property interest in a concealed real estate venture. The Court awarded the former wife $430,145.50 as her interest in the concealed asset after a 5 day trial.

Ammarell v. France
Jeffrey S. Benice affections action filed in federal court in North Carolina seeking in excess of $10,000,000 in damages. The defendant was the former wife of Brian France, the chairman of NASCAR. The case settled confidentially.

King v. King
Jeffrey S. Benice represented the Plaintiff in an Orange County Superior Court action seeking $10,000,000 in damages against the defendant under a Marvin v. Marvin theory. The case settled confidentially.

Sun Fiber v. Greenfield Communications
In 2017, Jeffrey S. Benice successfully represented the Plaintiff in recovering $3.4 million in damages after an arbitration arising from a partnership dispute involving a fiber optics installation business.

Sirous & Sons Rug Gallery, Inc. v. Laguna Dana Investments, LLC
In 2017, Jeffrey S. Benice successfully represented the Plaintiff Sirous & Sons in obtaining a California Court of Appeal affirmance of a $2.2 million arbitration damage award.

Federal Trade Commission v. Bunzai Media; Igor Latsanovski
In 2016, Jeffrey S. Benice successfully defended a Russian investment group in an action for violation of the FTC Act and fraud. The FTC sought $80 million in damages and froze over $10 million of the investor groups’ assets. Shortly before trial was to begin Mr. Benice successfully negotiated a settlement with the FTC resulting in the asset freeze being dissolved and the $80 million claim dismissed.

Gray I v. Elieff, et al.
In September, 2015, Jeffrey S. Benice successfully represented his client Bruce Elieff in persuading the Court of Appeal to reverse a trial court’s erroneous $150,000 discovery sanction against Mr. Elieff.

Cook v. Windle, et al.
In August, 2015, Jeffrey S. Benice defended his client John Windle in a judicial foreclosure action to recover in excess of $800,000 in damages for alleged breach of a promissory note. Mr. Benice demonstrated that the plaintiff had concealed the promissory note’s existence in an earlier filed bankruptcy proceeding. The trial court ruled that because of the prior nondisclosure that the plaintiff was barred from recovering any sum from Mr. Benice’s client Mr. Windle. Mr. Windle was awarded his costs and attorneys’ fees.

Elieff v. Armstrong
In July, 2015, Jeffrey S. Benice successfully obtained a $500,000 fraud judgment after a five day trial against the defendant, plaintiff’s former fiancée, who engaged in a scheme to steal his funds with a third party; defendant deceived Plaintiff by falsely claiming she had cancer and unpaid medical school tuition. Plaintiff advanced hundreds of thousands of dollars to defendant based upon these false statements. The trial court specifically found defendant –now a physician– engaged in a scheme to defraud plaintiff.

Laguna Dana v. Sirous & Sons
In February, 2015 Jeffrey S. Benice successfully defended a commercial tenant in a complex breach of lease and unlawful detainer proceeding. The plaintiff’s landlord sought in excess of $1,000,000 in damages. The court ruled the defendant - Mr. Benice’s client - was obligated for no more than $200,000 in damages. Defendant is now seeking an award of its fees and costs as the prevailing party.

Confidential Settlement
Jeffrey S. Benice successfully prosecuted a copyright and trademark infringement; and fraud action in 2013 on behalf of his client, a custom wheel manufacturer, against the defendant, a competing custom wheel manufacturer in both state and federal court. The matter settled before trial; the defendant was forced to relinquish a partnership interest it held in Mr. Benice’s client, the plaintiff; and pay substantial damages.

Confidential Family Law Action
Jeffrey S. Benice successfully tried this complex family law matter in August, 2014 for his client, before a private judge resulting in an $800,000 award of community property assets; and an award of $9,000 per month in spousal and child support.

SEC vs. Point Center Financial (“PCF”)
Jeffrey S. Benice represented a private mortgage fund in an SEC investigation prompted by a group of investors claiming PCF engaged in a $50,000,000 Ponzi scheme. Jeffrey S. Benice successfully represented the company during the investigation resulting in the SEC terminating the investigation without action.

Doppes vs. Bentley Motors
Jeffrey S. Benice successfully represented a plaintiff in the Orange County Superior Court in an action against Bentley Motors prosecuted under the California Lemon Law. Following a one month trial, a jury awarded plaintiff in excess of $350,000 in damages. On appeal, the California Court of Appeal ordered that because of Bentley’s destruction of evidence during trial, that the plaintiff was further entitled to fraud and punitive damages. See, Doppes vs. Bentley Motors, Inc., 274 Cal.App. 957 (2009).

Everett vs. CBS, et al.
Jeffrey S. Benice represented a plaintiff in a copyright infringement action against CBS and Endeavor Management pending in the United States District Court, Central District of California. The plaintiff contended CBS infringed his copyright by providing and televising a program called "Welcome to the Captain" in 2008 that was identical to a television program he had presented to Endeavor called "El Royale." The matter was resolved in a confidential settlement.

Ennico vs. Ahmari
In 2008, Jeffrey S. Benice successfully defended Michael Ahmari, former president and CEO of a failed sub-prime lender Bridge Capital, from the former Chief Financial Officer’s (CFO) wrongful termination claims. The former CFO claimed damages in excess of $1,000,000 against Mr. Ahmari, as the alter-ego of Bridge Capital. After a five-day arbitration hearing with the American Arbitration Association, the Arbitrator ruled in favor of Mr. Ahmari, finding that he did not engage in any improper acts as Bridge Capital’s President, which would subject him to alter-ego liability.

Tu, et al. vs. Wong, et al.
In July, 2007 Jeffrey S. Benice successfully defended his client, Kenny Wong, against fraud and related claims in the Los Angeles Superior Court; Mr. Wong was accused of forging his former deceased wife’s name to real estate grant deeds and wrongfully diverting the real estate sale proceeds. The plaintiffs - the deceased wife’s heirs - sought in excess of $2,000,000 in damages. After a 6 day court trial, the court ruled in Mr. Wong’s favor finding he had committed no fraud.

Confidential Personal-Injury Settlement
In February 2006, on behalf of his client, Jeffrey S. Benice overing insurance policy limits of $1,000,000 shortly before trial was scheduled to commence.

Connie Barthell vs. SunCal Companies
In March 2005, Jeffrey S. Benice successfully defended his client, the SunCal Companies ("SunCal"), from plaintiff’s (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, Jeffrey S. 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, Jeffrey S. 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 defendant had concealed substantial sub-soil 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, Jeffrey S. 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. Plaintiff recovered no damages.

Coleman Enterprises, Inc. vs. QAI, Inc., et al.
In November 2002, Jeffrey S. Benice tried this action in the Tenth Judicial District Court in Minnesota. Jeffrey S. 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. Jeffrey S. Benice also obtained a $5,400,000 judgment on QAI, Inc.’s counterclaim against Coleman for breach of contract.

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

Confidential Securities Fraud Case Settlement
In June 2002, Jeffrey S. 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.

Adam Mintz vs. WWC Corp..
In March 2001, Jeffrey S. 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, Jeffrey S. Benice successfully represented David Lee Roth of the multi-platinum rock group Van Halen. Jeffrey S. 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, Jeffrey S. Benice represented the plaintiff in Cuba Libre Humidors, Inc. vs. 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, Jeffrey S. Benice successfully represented the plaintiff in Andrew Rose vs. 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
Jeffrey S. 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
Jeffrey S. 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.