Here is some recent news.
September 2007. A victory. In the trial court, Mr. Adelstein's client won a $3.8 million judgment for breach of fiduciary duty. The case involved a self-dealing transaction in a real estate limited partnership. Mr. Adelstein was lead appellate counsel for the successful plaintiffs. The Court of Appeal in San Francisco (First Appellate District, Division One) affirmed. The case is Everest Properties II v. Prometheus Development Co. (A114305).
June 2007. A victory. In the trial court, Mr. Adelstein's client won a modest wage-and-hour claim along with a $35,000 attorney's fee award. The employer appealed. The San Diego Superior Court Appellate Division affirmed. The case is Mata v. Import Stone, Inc. (GIC 840979).
February 2007. A victory. Mr. Adelstein (along with co-counsel Gerry Serlin) requirement a homeowner. Pursuant to an easement, a neighbor and the opposing party used Mr. Adelstein's client's driveway. After various disputes, the parties entered into a settlement agreement. When more disputed occurred, the opposing party sued and obtained a judgment requiring Mr. Adelstein's client to rebuild part of the driveway and an order requiring her to pay over $200,000 in attorney's fees and costs. The Court of Appeal in Los Angeles (Second Appellate District, Division One) reversed completely, throwing out both the judgment and attorney's fee award. The case is Meshekow v. Weir (B175841).
February 2007. Law & Politics Magazine named Mr. Adelstein one of Southern California's Superlawyers in appellate law for 2007. This honor is reserved for the top 5% of lawyers in Southern California.
December 2006. A settlement. The trial court had confirmed a multi-million dollar arbitration award in a complex dispute between two former business associates. However, the defendant did not know of the arbitration hearing and had not attended. Mr. Adelstein represented the defendant. Mr. Adelstein filed a petition for a writ of supersedeas which unfortunately was denied. However, partially on the strength of the appellate arguments, the parties were able to reach a settlement. The case is Hartsfield v. Cota (B193017).
February 2006. A loss. This was a family law case involving several issues. The most significant one involved stock options. The husband had received significant compensation in the form of stock options. The trial court had failed to calculate the value of these options in calculation spousal support. Mr. Adelstein (along with co-counsel Edward J. Horowitz) represented the wife on appeal and challenged this ruling. Unfortunately, the Court of Appeal in Los Angeles (Second Appellate District, Division Eight) affirmed, holding that the trial court's ruling could be upheld on other grounds. The case is In re Marriage of Beddow (B171298).
February 2006. Law & Politics Magazine named Mr. Adelstein one of Southern California's Superlawyers in appellate law for 2006. This honor is reserved for the top 5% of lawyers in Southern California.
December 2005. Another victory. The trial court had awarded some attorney's fees under one statute, but refused to award additional attorney's fees under Labor Code, section 1194. Mr. Adelstein represented the appellant, and the Court of Appeal in Riverside (Fourth Appellate District, Division Two) reversed. The case is Young v. Westpac Air Conditioning, Inc. (E036184).
October 2005. Another victory. The trial court had classified three drivers of street sweeping machines as independent contractors, not employees. If they had been employees, they would have been entitled to a significant award of unpaid overtime wages. Mr. Adelstein represented the appellants, and the Court of Appeal in San Diego (Fourth Appellate District, Division One) reversed the trial court's judgment and held that the drivers were employees as a matter of law. The case is Garces v. Cannon Pacific Services, LLC (D044540).