Notable Verdicts and Results

Notable Verdicts and Results

Over the past three decades, Maranga | Morgenstern has amassed an impressive trial record in favorable court decisions or satisfying cases under plaintiff's last demand. Listed are a few notable cases that exemplify Maranga | Morgenstern's dominance in the courtroom.

May11

Wines Don’t Need Arsenic Warning, Calif. Appeals Court Says

Wines Don’t Need Arsenic Warning, Calif. Appeals Court Says

    Bob Morgenstern and Ninos Saroukhanioff, as part of a defense collective, successfully represented Mason Cellars, one of many vintners, who were sued as part of a class action arguing wines that contain allegedly unsafe levels of arsenic should include an arsenic warning, saying the products' alcoholic beverage warning sufficiently notifies customers about potential risks.

    The case was dismissed by the trial court on demurrer.  A panel of  California Second Appellate District judges ruled, in a published opinion, that the lack of a separate arsenic warning on wines does not violate California's Proposition 65 labeling law, because the Office of Environmental Health Hazard Assessment requires companies to disclose just one chemical for each health risk affirming the ruling of the lower court dismissing the class action in its entirety. 

May13

CASE DISMISSED – PREMISES LIABILITY

Paul Elkort and Dennis Newitt obtained a dismissal of an action by way of summary judgment on behalf of their in a claim for negligence and fraud in the case of Elias v. DOE Storage.

The case involved a dispute over personal property stored at All Aboard's Northridge, California, storage facility by defendant Elias, Sr. The stored property were part of a probate estate to which plaintiff Elias, Jr. claimed he was entitled. Plaintiff sued his father for return of the property and damages, and also named the storage facility as a defendant in claims for negligence and fraud.

May13

FAVORABLE SETTLEMENT – PREMISES LIABILITY

Paul Elkort and Dennis Newitt obtained a favorable settlement on behalf of their client in a premises liability claim in the case of Michael King v. DOE, Inc.

Plaintiff was a patron at defendant's hotel sports bar. While purchasing drinks for he and his party, he was struck in the face with an object, believed to be a shot glass thrown by another patron, sustaining a significant laceration. Video surveillance did not clearly show the sequence of events, nor who threw the glass. Plaintiff brought an action against the hotel for negligence, and also pressed a punitive damages claim.

Apr19

CASE DISMISSED – WRONGFUL TERMINATION/BREACH OF CONTRACT

Ninos Saroukhanioff and Dennis Newitt obtained a dismissal from the court on behalf of their client, DOE Enterprises in Joshua Gabel v. DOE Tires. In his complaint, Plaintiff alleged causes of action for breach of contract, fraud, negligence, intentional tort and various claims for workplace discrimination and sexual harassment.

Mar15

GREAT JURY VERDICT – PEDESTRIAN v. DOE DELIVERY COMPANY

Robert Morgenstern and Ninos Saroukhanioff obtained a very favorable verdict on behalf of their client. In Nick Barassi v. DOE DELIVERY COMPANY Plaintiff claimed that on January 28, 2011 he was struck by a DOE vehicle in the parking lot of the Grace Brethren Church, in Simi Valley, California where he was working as the church gardener. Plaintiff claimed that he was attempting to confront the DOE driver for supposedly driving too fast through the church parking lot and tailgating an elderly church member. He alleged that the driver hit him with his truck as he exited the parking lot.

May01

CASE DISMISSED – AUTOMOBILE ACCIDENT/NEGLIGENCE

Paul Elkort and Dennis Newitt obtained a dismissal of a personal injury claim by way of summary judgment on behalf of their client, a nationwide delivery company, in the case of Barba v. National Delivery Company.

Apr30

FAVORABLE RESULT – LANDLORD TENANT DISPUTE

Ninos Saroukhanioff and Dennis Newitt obtained a favorable settlement on behalf of their clients "landlords," in a landlord-tenant dispute in the case of Newco International, Inc. v. DOE Insurance Company.

Apr26

CASE DISMISSED – LANDLORD TENANT DISPUTE

Ninos Saroukhanioff and Neil Joseph obtained a dismissal from the court on behalf of their clients, in the case of Esther Lee aka Kyung Lee, Il Sun Shin, Sam Park v. DOE LANDLORD in their complaint, Plaintiffs alleged breach of contract, common counts and fraud involving a lease agreement for residential property belonging to the defendants.

Mar28

SWEENEY V. REGENTS OF THE UNIVERSITY OF CALIFORNIA

• Kenneth Maranga obtained a defense verdict on behalf of The Regents of the University of California in an alleged brain injury case filed by a USC professor where a violation of the standard of care was admitted, and the matter was tried on the issues of causation and damages only.

Mar28

CARROLL V. DOE UNIVERSITY

A 73-year old female patient with chronic leg and buttock pain for the past year sued an orthopedic surgeon for medical negligence and battery following a lumbar micro-decompression.

Nov21

ROY V. SISYPHIAN, LLC. ET AL

Maranga | Morgenstern successfully defended a night club against a premises liability claim following a brawl between two patrons.

Feb08

HAUSER V. DOE DELIVERY COMPANY

Maranga | Morgenstern represented Doe Delivery Company in a claim that was dismissed when it was proven that the plaintiff had no right to sue.

Mar01

BECKMAN V. DOE DELIVERY COMPANY

Maranga | Morgenstern represented defendant Doe Delivery Company in a case where plaintiff claimed to have been severely injured after being struck by an automatic door.

Feb08

PARKER V. DOE DELIVERY COMPANY

Maranga | Morgenstern represented Doe Delivery Company in a case where plaintiff claimed the delivery company's package car caused a rear-end accident.