One of Susan E. Bishop’s cases was recently included on Lexis Nexis. In Chong’s Produce v. Naddir Meshaal dba Farm Fresh Produce and Farm Fresh, Ms. Bishop sought a temporary restraining order in accordance with the Perishable Agricultural Commodities Act. The Honorable Judge Fogel of the United States District Court for the Northern District issued a temporary restraining order against the company who received produce but did not pay for it. As a result of the temporary restraining order, the company’s bank accounts were frozen. The case was quickly resolved.

Congratulations to attorney Susan Bishop and her husband, who welcomed a new baby girl last October. Ms. Bishop returned to work as of February 2010.

Congratulations to attorney Elena Franz and her husband, who welcomed a new baby girl last September. Ms. Franz returned to work as of January 2010.

Attorney Sharon Glenn Pratt of Pratt & Associates has won a motion for attorney’s fees and defeated the opposing party’s motion for fees and motion to tax costs. Sharon Glenn Pratt’s client was found to be the prevailing party in defending a homeowners association lawsuit with an anti-SLAPP motion in Santa Clara Superior Court. On December 18, 2009, Ms. Pratt’s client was awarded attorney’s fees of over $24,000 and costs of over $3000 against the plaintiff. The Court found that the opposing party did not prevail on any cause of action, and its motion for fees and costs was denied.

Attorney Susan Bishop of Pratt & Associates achieved an arbitration victory for her business owner client recently, after a day long arbitration. The California business owner was being accused of sexual harassment by the plaintiffs, who are former employees of the company.

Attorney Rosalia Burgueño Tapia of Pratt & Associates recently won a breach of contract lawsuit in which she recovered both monetary damages and attorney’s fees for her client, the owner of a trade show booth, against a defendant which had custody of the trade show booth and refused to return it. At arbitration, Ms. Tapia successfully argued that the defendant company and its owner had breached the contract and were liable for the value of the trade show booth, as measured by a unique method. The arbitrator agreed with Ms. Tapia on both liability and the calculation of damages. The arbitrator also affirmed Ms. Tapia’s argument that the plaintiff should fully recover its attorney’s fees.

Attorney Sharon Glenn Pratt of Pratt & Associates recently won a six figure attorney’s fee award against Bridgestone/Firestone for a landowner/homeowner client in Monterey County who had been accused of land and water contamination in a case brought in San Jose Federal Court. Bridgestone/Firestone had illegally dumped toxics at the Crazy Horse dump in Monterey County, California for years. When Bridgestone was sued by homeowners and residents of the area, who claimed illness and wrongful death as a result of the toxic dumping, Bridgestone cross-claimed against the neighboring landowner/homeowner represented by Ms. Pratt. Pratt & Associates successfully defended the allegations against its client, obtained a dismissal, tracked down a long lost insurance policy which finally provided coverage for the defense of the lawsuit, and ultimately won the attorney’s fees award against Bridgestone/Firestone.

Sharon Glenn Pratt was recently successful in bringing a motion to strike a lawsuit filed against her Morgan Hill homeowner client. The court found the lawsuit to be a “strategic lawsuit against public participation” (SLAPP lawsuit) and struck the pleading in response to an anti-SLAPP argument made by Ms. Pratt. The court also awarded Ms. Pratt’s client her attorney fees incurred for the motion.

Pratt & Associates won a long battle in defending a property dispute case, when the lawsuit against its Santa Clara homeowner association clients was dismissed by the plaintiffs. The Santa Clara County Superior Court found the homeowners (the clients of Pratt & Associates) to be the prevailing parties, and awarded them attorney’s fees.

Pratt & Associates was able to collect long overdue association assessments for its homeowner association client when an owner who had rented out her townhouse was collecting substantial rent, yet failing to pay monthly dues to her HOA. The lawyers at Pratt & Associates used provisions in the HOA’s governing documents which allowed the HOA to collect directly from the tenant.

Pratt & Associates has recently negotiated the dismissal of its client from an asbestos exposure lawsuit, following the filing of a summary judgment motion authored by Sharon Glenn Pratt and Rosalia Burgueno Tapia. The plaintiff, a retired insurance adjuster who had briefly worked as an insulator’s helper during the 1960’s, suffered from mesothelioma. He was claiming several million dollars in damages.