Trials by Kevin Cholakian
1. Hancock v. Juarez Trucking, Grimmway Farms, et al.
Kern County Superior Court Case No. S-1500.CV-269777DRL
(October 2011)
- Honorable James Lampe trial judge.
- 2-1/2 week jury trial—Truck v. Auto accident
- Decedent crashed into undercarriage of truck with dual trailers making left turn in fog
- Plaintiff CCP 998 Demand - $2 million – (lowered to $1 million at start of trial)
- Defense CCP 998 Offer - $500,000
- Defense verdict 12-0; Jury deliberations lasted 20 minutes - said to be shortest 12-0 defense verdict deliberation in Kern County history in a death or catastrophic case
2. Rayterry v. Qwok
San Francisco Superior Court Case No. CIVMSC10-00085
(July 2011)
- 3 week jury trial – Auto vs. Pedestrian accident in crosswalk
- Brain injury claim
- Plaintiff attorney – Randall Scarlett – 5-time plaintiff Superlawyer
- Demand at trial - $1.8 million
- Defense CCP 998 Offer before trial - $50,000
- Plaintiff verdict $75,000. Plaintiff found 70% contributory negligent – net $22,000
3. Smith v. San Mateo Housing Authority
San Mateo Superior Court Case No. CIV486758
(June 2011)
- 3 week jury trial – ADA, FEHA claims for failure to accommodate
- Catastrophic injury claims—$360,000 medical specials—4 level back fusion hospital.
- Demand at trial—$1.4 million, plus attorneys fees based on FEHA.
- Defense CCP 998 Offer 6 months before trial--$50,000.00
- Defense Verdict
- Plaintiff cost bill judgment of over $100,000.
4. Novak v. Continental Tire, Peralta Auto Repair
Alameda Superior Court Case No. HG07344892
(May 2011)
- 4 week jury trial - Catastrophic injury case resulting from tire blowout
- Plaintiff was passenger in vehicle. No contributory negligence defense
- Plaintiff's medical bills in excess of $500,000
- Defended Peralta Auto Repair – Standard of Care, Product Liability case
- Continental Tire also a defendant – their defense was tire was damaged at time of work done by Peralta
- Demand $1,000,000 CCP 998
- Offer $50,000
- Defense Verdict 12-0
5. Campbell v. Coates Tire, Schwab, et al.
Sacramento Superior Court Case No. 34-2009-00035911-CU-PA-GDS
(April – May 2011)
- 4 week jury trial - Brain injury, catastrophic injuries, two plaintiffs
- Plaintiff Attorney Terry Anderlini
- Products liability and negligence claims against Coates for bearing failure causing wheel to fall off and catastrophic injuries to motorcyclists
- Plaintiffs not contributorily negligent
- Plaintiff medical bills in excess of $1,000,000
- Plaintiff CCP 998 Demand $3,000,000 against Coates
- Coates and Schwab (additional insured) combined offer $450,000
- Defense verdict 12-0. $3,400,000 verdict against co-defendant Duane Martin Livestock – owner of trailer that lost the wheel
- Cost recovery pursuant to Coates CCP 998 demand - $250,000
6. Lee v. South Bay Airport Shuttle
Santa Clara Superior Court Case No. 106-CV-068998
(February-March 2010)
- 4 week jury trial—Brain injury
- Personal Injury case—Defended South Bay Shuttle Service.
- Vehicle Accident
- 30 Witnesses, 17 doctors testified
- Demand 1.4 million.
- Offer –$150,000. (CCP 998)
- Defense verdict (10-2)
7. Perdido v. Cruz Plumbing
Alameda Superior Court Case No. HG05-219147
(December 2009-January 2010)
- 4 week jury trial
- Plaintiff attorney, Rick Simons, a top 100 Northern California Super Lawyer
- Wrongful Death case – Defended Cruz Plumbing
- Pedestrian v. Auto case
- Demand $1 million; Offer $400,000 (CCP 998)
- Defense verdict (9-3)
8. Smith v. Rose
San Mateo Superior Court Case No. CIV-467892
(October/November/December 2009)
- Six week jury trial
- Bicycle v. Auto case
- Wrongful Death Case—Defended Anthony Rose
- 12 experts testified.
- Plaintiff attorney, Terry O'Reilly
- Demand $1.1 million; Offer $150,000 (CCP 998)
- Plaintiff attorney is 5 time Northern California Super Lawyer with prior verdicts of 10 million or more- 5 times
- Defense verdict (9-3)
- Recovered for State Farm $100,000 in cost judgment from plaintiff
9. Recto, et al. v. Jacinto
San Francisco Superior Court Case No. CGC-07-465900
(June/July 2009)
- Three week jury trial
- Landlord/Tenant Discrimination- Defended commercial landlord
- Demand $500,000; Offer $250,000 (CCP 998)
- Defense verdict (10-2)
- $100,000 legal fee recovery award- Judgment against Plaintiff
10. Urena, et al. v. H and H Trucking, et al.
Kern County Superior Court Case No. S-1500-CV-262189
(May 2009)
- Three week jury trial
- Multi Fatality -Wrongful Death
- Vehicle v. Truck case
- Demand $1,000,000; Offer $200,000 (CCP 998)
- CHP found H and H at fault and cause of accident per report
- Defended H and H Trucking – arguing no liability
- Defense verdict (12-0)
- Cost recovery $55,000 award- Judgment against Plaintiff
11. Calleja v. Nisnisan, et al.
San Mateo Superior Court Case No. CIV461987
(August 2008)
- One week jury trial
- Serious auto/pedestrian accident- represented motor vehicle defendant
- $150,000 medical bills- Plaintiffs
- Non binding arbitration award for plaintiffs $300,000- Rejected by defense
- $150,000 policy limit demand; Offer $35,000 (CCP 998)
- Jury Defense verdict (10-2)
- CCP 998 costs awarded defense
12. Carson v. Stidham Trucking
Glenn County Superior Court Case No. 05-CV-00243
(April 2007)
- Three week jury trial
- Wrongful death—Truck/vehicle accident
- Involved complex statistical expert testimony—disputed liability
- Plaintiff attorneys- Michael Meadows and Andrew Schwartz (Super Lawyer)
- $3,000,000.00 Demand, $300,000.00 CCP 998 offer, with indication of up to $500,000 to settle
- Defense Verdict (9-3), C.C.P. 998 costs of $75,000 paid by Plaintiffs to defense carrier.
13. Dina Safford v. Walter Butler
Contra Costa Superior Court Case No. C05-01626
(December 2006)
- Two and a half week jury trial
- Environmental injury commercial landlord/tenant case
- Case was transferred to Cholakian firm for handling two months before trial date.
- Represented defendant Butler Properties
- $250,000 demand; $75,000 CCP 998 offer
- Defense verdict (11-1), C.C.P. 998 costs and attorneys fees awarded and pursued defense.
- Suit brought by plaintiff against her attorney for malpractice
14. San Francisco Housing Authority v. Boys and Girls Club of Hunter Point
San Francisco Superior Court Case No. CUD06-618416
(July 2006)
- One week Court trial
- Represented San Francisco Housing Authority
- Highly publicized case seeking re possession of 10,000 square foot facility defendants contended was deeded per a prior Executive Director and other contentions.
- Result- San Francisco Housing Authority prevailing party and awarded possession
- Paved the way for a new Boys and Girls Club of America facility to be built by City of San Francisco and State grant money.
15. Carriage House, John Berry v. Commodore Dining Cruises, Larry and Della Murphy
Alameda County Superior Court Case NO. RG04141308
(February – April 2006)
- Seven week jury trial
- $2.5 million fire case, commercial.
- Case transferred from another firm to Cholakian firm for handling and trial.
- Three law firms representing plaintiffs and Fireman's Fund as plaintiff intervenor
- Cholakian Firm represented target defendant
- $2 million demand; $200,000 offer
- Defense verdict (12-0)
- Defense through plaintiffs' Appeal to Supreme Court; Collected $36,000 in costs from plaintiff.
16. Peter Wright, et al. v. William Beck
San Francisco Superior Court Case No. CGC-04-432935
(May 2005)
- Three week jury trial.
- San Francisco Rent Ordinance/environmental/ mold 5 story commercial building.
- Represented defendant, owner of a five story historical San Francisco building.
- $750,000 demand;$150,000 offer
- Defense verdict (12-0)
- CCP 998 and $90,000 attorneys fees awarded defense
17. Kathy Lord King v. Channel Systems, Inc.
Alameda County Superior Court Case No. 2001-025534
(January 2005)
- Two week jury trial (10-2)
- Truck v. Auto (consolidated third party and UM jury trial)
- Admitted liability.
- Cholakian firm represented State Farm on consolidated UM claim standing in the shoes of the intoxicated UM driver.
- $250,000 policy limits demand, $75,000 State Farm offer.
- Result - $72,000 award against State Farm
- Costs awarded
18. Edward Kitson v. Wilson Yip Maa, et al.
San Francisco Superior Court Case no. 423824
(July 2005)
- Two week jury trial
- Plaintiff alleged Section 8 discrimination case (FEHA, Unruh Act, SF Police Code)
- Represented defendant landlords
- Lowest demand: $150,000; Offer: $45,000 (CCP 998)
- Verdict: $12,500
19. William Daley v. Michael Ping
Santa Clara County Superior Court Case No. DC01416240
(March 2004)
- Seven day jury trial
- Facts: Burning Dodge Viper loss of control broadsides innocent plaintiff vehicle on freeway. Totals plaintiffs vehicle.
- Product liability defense asserted on behalf of defendant- Not the drivers fault
- Represented defendant, driver/owner of Viper
- $50,000 demand; $10,000 offer
- Defense verdict (12-0)
- Jury out 45 minutes
20. Carla Schroer and Mark Mudge v. Lyle Stinson
San Mateo County Superior Court Case No. 421134
(June 2003)
- Three week jury trial.
- Habitability/mold case
- Represented defendant Landlord
- $100,000 demand; $10,000 offer
- Defense verdict (12-0)
- $105,000 attorneys fees awarded by the Court and collected against plaintiffs- Returned to defense carrier
21. Julie Ramos v. Maria E. Castillo and Helen Lopez
San Francisco Superior Court Case No. 301017
(July 2001)
- Three week jury trial
- Case transferred from the Ropers Majeski firm to Cholakian firm for handling at trial.
- Represented defendant
- $350,000 demand; $100,000 offer
- Defense verdict (11-1)
- Attorneys fees awarded and partially collected against plaintiff.
- Plaintiff claimed bankruptcy- Pursued Plaintiff attorney for costs
22. Erica Sodos v. Gabriela Ricci
San Francisco Superior Court Case No. 305046
(November 2000)
- Two and a half weeks jury trial
- Landlord/tenant San Francisco Rent Ordinance case
- Represented defendant
- $150,000 demand; $50,000 offer
- Defense verdict
- $95,000 in Attorneys fees awarded to defense
23. Timothy Whitten v. Robert A. Lindskog
Marin County Superior Court Case No. 75277
(April 2000)
- One day trial – non suit
- Discrimination claim/housing
- Represented defendant
- $100,000 demand; $0 offer
- Defense verdict
24. State Farm v. Barry Eskanos
Sutter County Superior Court
(May 2000)
- Two day trial
- Represented State Farm in fraud/malpractice case against former State Farm attorney. (Attorney subsequently disbarred. Sister state collection proceedings still pending in Florida)
- $700,000 award against Eskanos
- Collection proceedings ongoing in Florida
25. Public Service Mutual Ins. (PMSI) Co. v. George Bourcier dba The Tire Broker
San Francisco Superior Court Case No. 314317
(October 2001)
- Two week trial
- 2.4 Million dollar downtown San Francisco commercial building fire case
- Cholakian firm represented owner of adjoining building where the fire started.
- Demand: $700,000 covered loss by PSMI, Offer: $250,000
- Defense verdict (12-0)
- CCP 998 offer fees of $26,000 collected from plaintiff PSMI.
26. Alfonso Helena v. Mark Edward Sackett
San Francisco Superior Court No. 985582
(April 1999)
- 2nd trial after hung jury in first trial (see below)
- Two week vehicle v. pedestrian trial
- Serious pedestrian injuries. More than $50,000.00 in medical specials
- Demand: $60,000; CCP 998 Offer: $40,000
- Defense verdict (9-3)
- Defense costs of $15,000 awarded to defendant.
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27. Alfonso Helena v. Mark Edward Sackett
San Francisco Superior Court No. 985582
(December 1998)
- Two week jury trial
- Pedestrian v. Auto
- Represented defendant
- $50,000 uncontested medical specials
- Demand: $100,000 policy limit; Offer: $40,000
- Non binding arbitration (handled by senior associate) award: $120,000 (rejected)
- Trial ended in a hung jury (8 to 4 in favor of plaintiff)(Retired to a Defense Verdict in April 1999)
28. Gina Hearn v. I. Magnin, Inc.
San Francisco Superior Court Case No. 965-697
(April 1997)
- One week trial
- Premises accident
- Defense verdict – non suit
29. Marie Castillo v. Guerrero Espinoza
San Francisco Superior Court Case No. 962-400
(March 1997)
- Two week jury trial
- Auto v. Auto – Represented Defendant
- $100,000 non binding arbitration award – rejected by Defendant
- Demand: $85,000, CCP 998 Offer: $45,000
- Defense verdict (12-0)
30. Tanisia Flemming, et al. v. Charles Adkisson
San Francisco Superior Court Case No. 918-150
(1995)
- Two week jury trial
- Wrongful death fire case
- 8 year old plaintiff
- Represented defendant, Building owner/landlord
- The Honorable James Warren--Trial Judge
- Demand: $250,000 policy limits; Offer: $50,000
- Defense verdict (11-1)
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31. John Steven Crow v. State of California, California Highway Patrol, and CA Dept. of Transportation
Alameda County Superior Court Case No. 679643-1
(March 1994)
- Nine week jury trial
- Highway patrol v. pedestrian accident – brain injury
- Kevin Cholakian represented plaintiff, John Crow
- Plantiff demand: $1,000,000, Offer by State of CA: $300,000
- $6.5 million plaintiff verdict. Collected against State of California
- Largest personal injury award in Alameda County in 20 years by a non-personal injury attorney.
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32. Daly v. Topoian Concrete
San Francisco Superior Court
(1992)
- Catastrophic injury case
- Case transferred by State Farm to Kevin Cholakian for handling after $300,000 policy "opened" ($300,000 policy rejected by prior firm) during handling by another defense firm and defendant became target on a case that had full damages of $2 million. Plaintiff's lowest demand at beginning of trial: $700,000.00; offer of $300,000 policy limits remained on table after Kevin Cholakian took over file. Plaintiff accepted $300,000, 3 weeks into the trial. (Jurors interviewed after settlement, advised they were going with defense verdict, even though defense had not yet put on its case.)
- Expert depositions conducted by Mr. Cholakian in Cork, Ireland
- Irish experts withdrawn after depositions.
- The Honorable Michael Hanlon-Trial judge.
- Trial ended after 3 weeks with plaintiff accepting pre-trial offer.
33. LSI Logic Corporation v. Ultratech Stepper Corporation, et al.
Santa Clara County Superior Court Case No. 671310
(May 1991)
- Two week trial
- Subrogation – $700,000 property damage claim
- Kevin Cholakian represented plaintiff LSI Logic and its carrier
- Offer by defense: $350,000. Rejected.
- Non binding arbitration award of $350,000 also rejected
- Result: $880,000 verdict, plus $150,000 in attorneys fees and 998 costs and interest awarded.
- $1.1 million collected.