Client Success - Wilcox Dunakin Chrisopoulos, LLP

Business & Corporate

OBTAINED LUCRATIVE SETTLEMENT ON BEHALF OF MINORITY SHAREHOLDER

OBTAINED LUCRATIVE SETTLEMENT ON BEHALF OF MINORITY SHAREHOLDER: Successfully negotiated a $270,000 monetary settlement combined with exclusive rights to international sales territory on behalf of a minority shareholder and wrongfully terminated employee of a closely-held international technology company.

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NEGOTIATED AND DRAFTED MULTI-MILLION DOLLAR ASSET PURCHASE AGREEMENT

NEGOTIATED AND DRAFTED MULTI-MILLION DOLLAR ASSET PURCHASE AGREEMENT: On behalf of a New Zealand based company selling its interactive mobile marketing platform (e.g., text voting) and large international clientele to a San Diego-based company, negotiated and drafted the requisite multi-million dollar asset purchase agreement.

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DRAFTED INDEPENDENT CONTRACTOR, EMPLOYMENT AND EMPLOYEE HANDBOOK FOR NON-PROFIT CORPORATION

DRAFTED INDEPENDENT CONTRACTOR, EMPLOYMENT AND EMPLOYEE HANDBOOK FOR NON-PROFIT CORPORATION: Recently drafted independent contractor and employment agreements on behalf of a large after-school program providing services in Los Angeles, Long Beach, Orange County and San Diego.

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TRANSACTIONAL COUNSEL FOR CALIFORNIA-BASED 501(c)(3) SURFBOARD COMPANY

TRANSACTIONAL COUNSEL FOR CALIFORNIA-BASED 501(c)(3) SURFBOARD COMPANY: Counseled client regarding formation of a California-based 501(c)(3) company that promotes sustainable practices to protect ocean health through use of innovative surfboard technology using green chemistry combined with recycled and renewable materials.

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OBTAINED SUBSTANTIAL SETTLEMENT ON BEHALF OF EMPLOYEE REGARDING COMMISSIONS

OBTAINED SUBSTANTIAL SETTLEMENT ON BEHALF OF EMPLOYEE REGARDING COMMISSIONS: Filed suit on behalf of wrongfully terminated employee and obtained $325,000 against employer that denied earned commissions.

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DRAFTED CORPORATE DOCUMENTATION FOR START UP COMPANY

DRAFTED CORPORATE DOCUMENTATION FOR START UP COMPANY: Recently counseled entrepreneurs in a successful online penny auction business and drafted their operating agreement and other corporate documents.

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Construction & Surety

OBTAINED SETTLEMENT ON BEHALF OF SUBCONTRACTOR INSURER ENFORCING $50,000 SUBLIMIT ON $1,000,000 CGL POLICY

OBTAINED SETTLEMENT ON BEHALF OF SUBCONTRACTOR INSURER ENFORCING $50,000 SUBLIMIT ON $1,000,000 CGL POLICY: Obtained settlement for insurer in accord with $50,000 sublimit set forth in “condominium scheduling endorsement” on multi-million dollar construction defect case regarding condominium development in Newport Beach, California.

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OBTAINED DEFENSE VERDICT FOR SURETY IN MILLION DOLLAR PAYMENT BOND CASE

OBTAINED DEFENSE VERDICT FOR SURETY IN MILLION DOLLAR PAYMENT BOND CASE: Obtained defense verdict for surety in a million dollar payment bond case from Judge Christopher Warren in the San Bernardino Superior Court.

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SUCCESSFULLY REPRESENTED NUMEROUS CONTRACTORS IN NEGOTIATION AND STRUCTURING OF CONSTRUCTION CONTRACTS

SUCCESSFULLY REPRESENTED NUMEROUS CONTRACTORS IN NEGOTIATION AND STRUCTURING OF CONSTRUCTION CONTRACTS: Successfully represented numerous contractors in the (a) negotiation and structuring of contracts; (b) defense and prosecution of construction claims involving changes/extra work, delay, defective plans and specifications, differing site conditions, disruption/acceleration, and suspension of work; and (c) enforcement of mechanics’ liens.

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OBTAINED LARGE SETTLEMENT FOR HOMEOWNER IN CONSTRUCTION DEFECT CASE

OBTAINED LARGE SETTLEMENT FOR HOMEOWNER IN CONSTRUCTION DEFECT CASE: On behalf of the owner of a ranch property in Lake Elsinore, California, obtained a substantial settlement addressing construction defects (e.g., building envelope; roof; structure; foundation) and failure to disclose claims.

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OBTAINED A $500,000 SETTLEMENT IN FAVOR OF A HOMEOWNER

OBTAINED A $500,000 SETTLEMENT IN FAVOR OF A HOMEOWNER: Negotiated a $500,000 settlement in favor of a homeowner against a national developer involving geological issues with the property.

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OBTAINED JUDGMENT FOR SURETY IN EXCESS OF $900,000

OBTAINED JUDGMENT FOR SURETY IN EXCESS OF $900,000: Obtained a judgment in favor of surety on an indemnification action in excess of $900,000. Subsequently pursued enforcement of the judgment and obtained full recovery against indemnitors, including a portion from an indemnitor’s bankruptcy proceeding.

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DISMISSALS OF BOND CLAIMS

DISMISSALS OF BOND CLAIMS: Obtained dismissals of several license bond claims, for a waiver of costs, while keeping surety’s attorneys’ fees below $2,000.

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Employment

OBTAINED SUBSTANTIAL SETTLMENT ON BEHALF OF WRONGFULLY TERMINATED EMPLOYEE

OBTAINED SUBSTANTIAL SETTLMENT ON BEHALF OF WRONGFULLY TERMINATED EMPLOYEE: Filed suit on behalf of wrongfully terminated employee and obtained $325,000 against employer that denied earned commissions.

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OBTAINED DISMISSAL FOR WAIVER OF COSTS ON BEHALF OF APARTMENT OWNER REGARDING WRONGFUL TERMINATION, WRONGFUL EVICTION AND AGE DISCRIMINATION CLAIMS

OBTAINED DISMISSAL FOR WAIVER OF COSTS ON BEHALF OF APARTMENT OWNER REGARDING WRONGFUL TERMINATION, WRONGFUL EVICTION AND AGE DISCRIMINATION CLAIMS: Retained by insurance carrier to defend an apartment complex owner who was sued by its former property manager and tenant for wrongful termination and wrongful eviction based on alleged age discrimination. After prevailing on demurrer, the case was dismissed for a waiver of costs.

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OBTAINED SETTLEMENT ON BEHALF OF EMPLOYEE FOR SEXUAL HARASSMENT AND WRONGFUL TERMINATION CLAIMS ARISING FROM CORPORATE OFFICES FOR NATIONAL RESTAURANT CHAIN

OBTAINED SETTLEMENT ON BEHALF OF EMPLOYEE FOR SEXUAL HARASSMENT AND WRONGFUL TERMINATION CLAIMS ARISING FROM CORPORATE OFFICES FOR NATIONAL RESTAURANT CHAIN: Successfully obtained settlement on behalf of employee in advance of litigation, and without extensive litigation fees and costs, for sexual harassment and wrongful termination suffered at corporate offices of national restaurant chain.

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OBTAINED SUMMARY JUDGMENT IN FAVOR OF EMPLOYER REGARDING CLAIMS OF DISCRIMINATION AT A BEAUTY SALON

OBTAINED SUMMARY JUDGMENT IN FAVOR OF EMPLOYER REGARDING CLAIMS OF DISCRIMINATION AT A BEAUTY SALON: Successfully obtained summary judgment in favor of a beauty salon regarding claims that the owner discriminated against two employees related to a purported “English Only” policy.

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Hospitality

SUCCESSFULLY DEFENDED LIMOUSINE BUSINESS OWNER IN AUTO-ACCIDENT

SUCCESSFULLY DEFENDED LIMOUSINE BUSINESS OWNER IN AUTO-ACCIDENT: Retained by insurance carrier to defend a limousine business/service in a suit by one of its passengers after the limousine driver negligently crashed the vehicle causing severe injuries. Liability was undisputed. Damages were contested, with demands for settlement in excess of $500,000. Intense discovery unveiled that plaintiff suffered a similar post-accident injury while traveling outside the United States. Once the foreign medical records were obtained, plaintiff was forced to settle for less than $75,000 (substantially less than previously offered to plaintiff).

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OBTAINED "NUISANCE VALUE" SETTLEMENT ON BEHALF OF HOTEL/LODGE OWNER IN "SLIP & FALL" LAWSUIT

OBTAINED "NUISANCE VALUE" SETTLEMENT ON BEHALF OF HOTEL/LODGE OWNER IN "SLIP & FALL" LAWSUIT: Retained by insurer to defend a hotel owner for injuries arising from a hotel guest after a slip and fall caused him to break bones in his arm. Obtained "nuisance value" settlement after it was discovered that many current complaints were as a result of subsequent injury.

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Insurance Coverage

JUDGMENT IN FAVOR OF INSURER IN BAD FAITH SUIT BASED ON CLAIM INSURER OWED DUTY TO DEFEND CLAIMS BASED ON CONSPIRACY TO ABDUCT CHILD

JUDGMENT IN FAVOR OF INSURER IN BAD FAITH SUIT BASED ON CLAIM INSURER OWED DUTY TO DEFEND CLAIMS BASED ON CONSPIRACY TO ABDUCT CHILD: Judgment following trial in favor of insurer, as co-counsel, regarding claims of “bad faith” failure to defend insured in underlying child-abduction case.

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OBTAINED MULTI-MILLION DOLLAR SETTLEMENT ON BEHALF OF INSURED PROFESSIONAL ATHLETE UNDER DISABILITY POLICY

OBTAINED MULTI-MILLION DOLLAR SETTLEMENT ON BEHALF OF INSURED PROFESSIONAL ATHLETE UNDER DISABILITY POLICY: In lawsuit against international insurer, obtained settlement in favor of former professional football player regarding disability arising from injury in course of career.

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OBTAINED SUMMARY JUDGMENT IN FAVOR OF INSURER IN SUIT BY INSURED REGARDING INDEPENDENT FRAUD BY POLICY PRODUCER

OBTAINED SUMMARY JUDGMENT IN FAVOR OF INSURER IN SUIT BY INSURED REGARDING INDEPENDENT FRAUD BY POLICY PRODUCER: Obtained summary judgment in favor of insurer regarding insured’s claim that insurer is liable under “ostensible authority” theory for independent insurance producer’s failure to obtain policy.

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OBTAINED SUMMARY JUDGMENT IN FAVOR OF INSURER IN BAD FAITH SUIT BY CLAIMANT THAT FELL THROUGH SKYLIGHT AT INSURED PROPERTY

OBTAINED SUMMARY JUDGMENT IN FAVOR OF INSURER IN BAD FAITH SUIT BY CLAIMANT THAT FELL THROUGH SKYLIGHT AT INSURED PROPERTY: Following assignment of rights against insurer regarding underlying claim wherein plaintiff fell through skylight during roofing project, obtained summary judgment in favor of insurer under manuscript endorsement due to a failure to schedule construction project giving rise to accident.

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Insurance Defense

OBTAINED DISMISSAL ON BEHALF OF REAL ESTATE AGENT AND MANAGEMENT COMPANY REGARDING FAILURE TO DISCLOSE TOXIC MOLD

OBTAINED DISMISSAL ON BEHALF OF REAL ESTATE AGENT AND MANAGEMENT COMPANY REGARDING FAILURE TO DISCLOSE TOXIC MOLD: Retained by insurer to defend real estate agent and management company regarding alleged professional negligence arising from a purported failure to disclose, discover or remediate toxi...

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OBTAINED "NUISANCE VALUE" SETTLEMENT ON BEHALF OF GENERAL CONTRACTOR IN WRONGFUL DEATH SUIT FOR ACCIDENT AT OVERPASS CONSTRUCTION SITE

OBTAINED “NUISANCE VALUE” SETTLEMENT ON BEHALF OF GENERAL CONTRACTOR IN WRONGFUL DEATH SUIT FOR ACCIDENT AT OVERPASS CONSTRUCTION SITE: Retained by insurer to defend general contractor for wrongful death suit arising from pedestrian being struck by an automobile while crossing an overpass under construction. Obtained “nuisance value” settlement following initial “seven figure” demand.

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SUCCESSFULLY DEFENDED LIMOUSINE BUSINESS OWNER IN AUTO-ACCIDENT

SUCCESSFULLY DEFENDED LIMOUSINE BUSINESS OWNER IN AUTO-ACCIDENT: Retained by insurance carrier to defend a limousine business/service in a suit by one of its passengers after the limousine driver negligently crashed the vehicle causing severe injuries. Liability was undisputed. Damages were contested, with demands for settlement in excess of $500,000. Intense discovery unveiled that plaintiff suffered a similar post-accident injury while traveling outside the United States. Once the foreign medical records were obtained, plaintiff was forced to settle for less than $75,000 (substantially less than previously offered to plaintiff).

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OBTAINED "NUISANCE VALUE"SETTLEMENT ON BEHALF OF HOTEL/LODGE OWNERS IN "SLIP & FALL" LAWSUIT

OBTAINED “NUISANCE VALUE” SETTLEMENT ON BEHALF OF HOTEL/LODGE OWNERS IN “SLIP & FALL” LAWSUIT: Retained by insurer to defend a hotel owner for injuries arising from a hotel guest after a slip and fall caused him to break bones in his arm. Obtained “nuisance value” settlement after it was discovered that many current complaints were as a result of subsequent injury.

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SUCCESSFULLY DEFENDED OFF-ROAD TROPHY TRUCK OWNER AND DRIVER IN WRONGFUL DEATH SUIT

SUCCESSFULLY DEFENDED OFF-ROAD TROPHY TRUCK OWNER AND DRIVER IN WRONGFUL DEATH SUIT: Retained by insurer on eve of initial trial date to defend off-road trophy truck owner and driver in wrongful death suit. Obtained a change of venue, new trial date, and summary adjudication against off-road race sponsor.

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Professional Liability

OBTAINED DISMISSAL ON BEHALF OF REAL ESTATE AGENT AND MANAGEMENT COMPANY REGARDING FAILURE TO DISCLOSE TOXIC MOLD

OBTAINED DISMISSAL ON BEHALF OF REAL ESTATE AGENT AND MANAGEMENT COMPANY REGARDING FAILURE TO DISCLOSE TOXIC MOLD: Retained by insurer to defend real estate agent and management company regarding alleged professional negligence arising from a purported failure to disclose, discover or remediate toxi...

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OBTAINED DISMISSAL OF MULTI-MILLION DOLLAR CLAIM ON BEHALF OF AUCTIONEER

OBTAINED DISMISSAL OF MULTI-MILLION DOLLAR CLAIM ON BEHALF OF AUCTIONEER: Obtained a Dismissal with prejudice in defense of a real estate auctioneer who was alleged to have improperly conducted an auction of a high profile Beverly Hills residential property resulting in damages in excess of $7 million.

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Real Estate

OBTAINED $450,000 SETTLEMENT IN FAVOR OF NEWPORT HARBOR HOMEOWNERS

OBTAINED $450,000 SETTLEMENT IN FAVOR OF NEWPORT HARBOR HOMEOWNERS: On behalf of the purchasers of a multi-million dollar property bereft with undisclosed water leaks and damage. Obtained substantial settlement in favor of clients following almost two years of intense litigation against sellers, agents, property inspector and roof inspector based on failure to disclose, professional negligence and fraud theories of liability.

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OBTAINED DISMISSAL ON BEHALF OF REAL ESTATE AGENT AND MANAGEMENT COMPANY REGARDING FAILURE TO DISCLOSE TOXIC MOLD

OBTAINED DISMISSAL ON BEHALF OF REAL ESTATE AGENT AND MANAGEMENT COMPANY REGARDING FAILURE TO DISCLOSE TOXIC MOLD: Retained by insurer to defend real estate agent and management company regarding alleged professional negligence arising from a purported failure to disclose, discover or remediate toxic mold. Following investigation revealing pre-existing medical conditions (e.g., asthma; allergies; pulmonary issues), plaintiffs were forced to dismiss case.

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OBTAINED DISMISSAL OF MULTI-MILLION DOLLAR CLAIM

OBTAINED DISMISSAL OF MULTI-MILLION DOLLAR CLAIM: Obtained a Dismissal with prejudice in defense of a real estate auctioneer who was alleged to have improperly conducted an auction of a high profile Beverly Hills residential property resulting in damages in excess of $7 million.

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OBTAINED $150,000 SETTLEMENT FOR NUISANCE

OBTAINED $150,000 SETTLEMENT FOR NUISANCE: Obtained $150,000 settlement in favor of a client on a nuisance lawsuit against a neighbor for having loud and ongoing commercial events and parties on their property without acquiring proper permits.

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OBTAINED AN ARBITRATION AWARD INVOLVING COMMERCIAL PROPERTY DISPUTE

OBTAINED AN ARBITRATION AWARD INVOLVING COMMERCIAL PROPERTY DISPUTE: Obtained an Arbitration Award in favor of a landlord of a commercial property, involving a breach of lease, reimbursement of concessions and build-out costs, attorneys’ fees and interest totaling $275,000.

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Sports & Off Road

DEFENDED OFF-ROAD TROPHY TRUCK OWNER AND DRIVER IN WRONGFUL DEATH SUIT

DEFENDED OFF-ROAD TROPHY TRUCK OWNER AND DRIVER IN WRONGFUL DEATH SUIT: Retained by insurer on eve of initial trial date to defend off-road trophy truck owner and driver in wrongful death suit. Obtained a change of venue, new trial date, and summary adjudication against off-road race sponsor.

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OBTAINED SETTLEMENT ON BEHALF OF FAMILY OF MINOR KILLED IN ACCIDENT IN PIT-AREA OF MOTOCROSS PARK

OBTAINED SETTLEMENT ON BEHALF OF FAMILY OF MINOR KILLED IN ACCIDENT IN PIT-AREA OF MOTOCROSS PARK: Represented family of minor regarding wrongful death claims after another firm withdrew from representation, successfully obtaining substantial settlement in favor of family for claims arising from minor’s death in accident occurring in “pit area” of motocross park.

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OBTAINED SETTLEMENT ON BEHALF OF CLIENT SEVERELY INJURED IN "SLIP AND FALL" CAUSED BY OVER-WATERING AT GOLF CLUB

OBTAINED SETTLEMENT ON BEHALF OF CLIENT SEVERELY INJURED IN “SLIP AND FALL” CAUSED BY OVER-WATERING AT GOLF CLUB: Represented client that suffered a broken hip in course of exercising caused by a slip and fall on a public walkway of a golf club. Successfully obtained substantial settlement at outset of litigation in favor of client.

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Tort & Personal Injury

DEFENDED OFF-ROAD TROPHY TRUCK OWNER AND DRIVER IN WRONGFUL DEATH SUIT

DEFENDED OFF-ROAD TROPHY TRUCK OWNER AND DRIVER IN WRONGFUL DEATH SUIT: Retained by insurer on eve of initial trial date to defend off-road trophy truck owner and driver in wrongful death suit. Obtained a change of venue, new trial date, and summary adjudication against off-road race sponsor.

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DEFENDED HOTEL/LODGE OWNER IN "SLIP AND FALL" LAWSUIT

DEFENDED HOTEL/LODGE OWNER IN “SLIP AND FALL” LAWSUIT: Retained by insurance company to defend a hotel owner for injuries arising from a hotel guest after a slip and fall caused him to break bones in his arm. Obtained “nuisance value” settlement after it was discovered that many current complaints were as a result of subsequent injury.

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DEFENDED GENERAL CONTRACTOR IN WRONGFUL DEATH SUIT FOR ACCIDENT AT OVERPASS CONSTRUCTION SITE

DEFENDED GENERAL CONTRACTOR IN WRONGFUL DEATH SUIT FOR ACCIDENT AT OVERPASS CONSTRUCTION SITE: Retained by insurer to defend general contractor for wrongful death suit arising from pedestrian being struck by an automobile while crossing an overpass under construction. Obtained “nuisance value” settlement following initial “seven figure” demand.

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OBTAINED SETTLEMENT ON BEHALF OF CLIENT SEVERELY INJURED IN "SLIP AND FALL" CAUSED BY OVER-WATERING AT GOLF CLUB

OBTAINED SETTLEMENT ON BEHALF OF CLIENT SEVERELY INJURED IN “SLIP AND FALL” CAUSED BY OVER-WATERING AT GOLF CLUB: Represented client that suffered a broken hip in course of exercising caused by a slip and fall on a public walkway of a golf club. Successfully obtained substantial settlement at outset of litigation in favor of client.

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OBTAINED SETTLEMENT ON BEHALF OF FAMILY OF MINOR KILLED IN ACCIDENT IN PIT-AREA OF MOTOCROSS PARK

OBTAINED SETTLEMENT ON BEHALF OF FAMILY OF MINOR KILLED IN ACCIDENT IN PIT-AREA OF MOTOCROSS PARK: Represented family of minor regarding wrongful death claims after another firm withdrew from representation, successfully obtaining substantial settlement in favor of family for claims arising from minor’s death in accident occurring in “pit area” of motocross park.

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