Civil Litigation

The Firm represents its clients in all phases of civil litigation, frequently commencing actions to enforce defaulted, secured and unsecured, commercial and consumer obligations. The Firm frequently commences actions containing the following causes of action:

  • Breach of contract
  • Breach of guaranty
  • Claim and delivery
  • Conversion
  • Judicial foreclosure
  • Appointment of receiver
  • Injunctive relief
  • Fraud
  • Intentional misrepresentation
  • Negligent misrepresentation
  • Fraudulent conveyance
  • Related common counts

 

Pre-judgment Remedies

On secured obligations, the Firm frequently seeks pre-judgment Applications for Writ of Possession to recover personal property collateral (vehicles, inventory, receivables, etc.) early in the case, before the assets can be dissipated or transferred by the borrower.

In unsecured commercial cases, the Firm frequently seeks Applications for Writ of Attachment to secure the client’s obligation where borrower and/or guarantor assets are available.

The Firm has sought and obtained the appointment of a receiver on golf courses, office buildings, apartment complexes, shopping centers, and other commercial properties.

Approach

The Firm approaches each case in a cost-effective manner and attempts to conclude cases as early as possible through the leverage of pre-judgment remedies, settlement, or motions for summary judgment or summary adjudication. The Firm aggressively approaches each case to proceed as quickly as possible to resolution or judgment.

Workouts

The Firm frequently is involved in loan restructures and workouts of complicated loan obligations that require negotiation and modification of existing loan documents as to term, payment, interest rate, security, and guarantors.