Trial Victories

A sampling of Crosby & Crosby, APLC’s trial victories

Trial Victories

– Successfully defended tech investors against allegations of tortious interference and breach of nondisclosure agreements. Plaintiff corporation sought $120 million in damages from the investors. After a two week federal court jury trial, a verdict was entered in favor of the investors on all causes of action. The investors were awarded attorney’s fees and costs against the plaintiff corporation. Jurors stated that Crosby & Crosby “put on a brilliant case”.

– Successfully represented an elderly man against his ex-wife’s allegations of sexual assault. At the conclusion of a six week jury trial, a verdict was entered in favor of our client on all of plaintiff’s causes of action. The jury also entered a verdict in favor of defendant on his cross-complaint cause of action for malicious prosecution, including a finding of malice, oppression, and fraud supporting punitive damages. Jurors stated that they “would hire” Crosby & Crosby because our attorneys are “good, confident, and to the point”.

Clyde Berg abuse lawsuit: Jury decides against his ex-wife

– Defended an accomplished chef and restauranteur in an action relating to his sale of a restaurant. After a three week bench trial, the trial judge entered a judgment in favor of our client and against the plaintiff buyer, holding that our client “made full disclosure” of material information pertaining to the sale.

– Defended the Mayor of the City of Santa Clara against a lawsuit for alleged violations of the Political Reform Act. The politically-motived action (backed by Silicon Valley power brokers and filed just before the November 2018 election in an unsuccessful effort to derail the Mayor’s campaign) was dismissed by way of an anti-SLAPP motion, and the Mayor was awarded her attorney’s fees.

Judge dismisses lawsuit against Santa Clara mayor in conflict-of-interest case

Gillmor Wins Frivolous Lawsuit Against Her By a Law School Student, Questions Remain About Who Was Truly Behind It

–  Successfully represented a nationwide franchise in arbitration against a franchisee. After defeating the franchisee’s action in the U.S. District Court, Northern District of Texas, a California arbitrator awarded six figure damages to the franchise for franchisee’s breach of contract.

– Obtained acquittal for the defendant in a civil contempt proceeding regarding allegations of harassment and violation of a restraining order. The quasi-criminal trial resulted in judgment of acquittal in favor of the accused.

– Obtained a judgment in favor of a defendant corporation, and recovered attorney’s fees, after a one week jury trial pertaining to non-compete agreements and attempted rescission of a settlement agreement. During deliberations, the jury foreman sent a note to the trial judge asking whether the jury could “punish the plaintiff and her attorney for bringing this frivolous lawsuit.” Jurors thanked Crosby & Crosby for their services in representing the defendant corporation.

– Obtained a judgment in favor of an elderly plaintiff canceling a forged deed of trust encumbering her home, and a six figure attorney’s fee award, after a one week jury trial and two subsequent appeals.

– Successfully defended a dependent, elderly adult against a con man’s attempt to obtain the elderly individual’s seven figure residence. The trial of this action resulted in a judgment in favor of the elderly client.

– Victoriously defended a corporation in a breach of contract action involving machinery coding. After the trial victory, our client recovered attorney’s fees pursuant to requests for admission sanctions against the plaintiff.

– Represented restaurant tenants in a commercial lease dispute against landlord. At the conclusion of trial, tenants prevailed on their cross-complaint for breach of contract and recovered attorney’s fees thereon.

– Prosecuted a financial abuse of elder action on behalf of a dependent, elderly adult. After a bench trial, a restraining order was issued in conjunction with compensatory damages.

–  Successfully represented a small business owner in a lease dispute.  At the conclusion of trial, the lease was declared void and our client recovered all sums expended thereto, plus attorney’s fees.

– Represented the adult children of a conserved, elderly widower in a financial elder abuse action.  After a bench trial, a restraining order was issued for the protection of the elderly man, and compensatory damages and attorney’s fees were awarded thereto.   

– Successfully represented the trustee of the trust of the largest land owner in the State of California against allegations of undue influence after the decedent disinherited all four of her children. After six weeks of trial, the court granted the trustee’s motion for judgment at the conclusion of the plaintiff’s case in chief. The trial judge put on the record that the trial brief drafted by Matthew Crosby was “the best trial brief I have ever read.” The 1st District Court of Appeal affirmed the granting of the motion for judgment.

– Represented the son of Capt. Jason Dahl, a beloved father and the pilot of United Airlines Flight 93 on September 11, 2001. Capt. Dahl’s Boeing 757 crashed in a field outside the town of Stonycreek Township, Pennsylvania during the infamous terrorist attacks now collectively known as “9-11”. In defending Capt. Dahl’s son against an attempt to disinter the remains of Capt. Dahl, the matter settled on the morning of trial after the plaintiff capitulated. Capt. Dahl’s remains were undisturbed, and he lies in peace next to his deceased parents, and next to his deceased brother, who died in the Vietnam War.

– Successfully represented the out of wedlock, minor children of a decedent (murdered in a home invasion) against the decedent’s adult children from his marriage. Prevailed in two separate trials, i.e., proving the minor children were the decedent’s children, and a subsequent will contest. Prior to a third trial on the fraudulent transfer of assets, the matter settled for a confidential monetary sum paid to the minor children.

Monte Sereno slaying: Out-of-wedlock children of millionaire Ravi Kumra seek half his estate

Monte Sereno murder: Out-of-wedlock daughters have valid claim on millionaire’s estate, judge rules

– Secured a judgment in favor of two Co-Trustees and against a woman who had unduly influenced the Co-Trustees’ elderly father into giving her blank checks, giving her power of attorney over his financial accounts, marrying her, and thereafter signing various documents leaving the woman millions of dollars in trust assets. Upon completion of a one week bench trial, the Court awarded to the Co-Trustees the amount of $3 million in Probate Code section 859 “double damages”, plus attorney’s fees and costs, representing one of the largest “double damages” awards in Santa Clara County history.

– Obtained a seven figure recovery on behalf of the sole heir of a decedent by way of a successful will contest against the decedent’s girlfriend. Following a one week bench trial, a judgment was entered declaring that not only did the decedent lack capacity at the time the purported will was procured by the decedent’s girlfriend, but also that the purported will was a forgery. The Santa Clara County Public Guardian’s Office thanked Crosby & Crosby for its services in representing the sole heir of the estate.

– Obtained judgment in favor of the executor of a decent’s estate against a will contest brought by the decedent’s children after the decedent left nearly all of his estate to a non-profit. After a successful one week trial, Crosby & Crosby also recovered one of the largest attorney’s fees award in the State of California resulting from requests for admission sanctions. The First District Court of Appeal affirmed the award.

– Successfully defended the beneficiary of an estate against allegations of undue influence. At the conclusion of trial in the will contest, judgment was entered in favor of the beneficiary, the court having found that the decedent’s holographic will and codicil were valid.

– Successfully defended a trustee against allegations of misappropriating hundreds of thousands of dollars. At the conclusion of a one week trial, the court found in favor of the trustee, holding that the trustee “demonstrated care, devotion, love, and compassion at all times”.

– Defended a trustee in an action involving the interpretation of a trust. A judgment after trial in favor of the trustee resulted in a six figure gain to the trust beneficiaries.

– Engaged in the vigorous pro bono defense of a conservatee against a fiduciary’s six figure fee petition generated after only a few months of unnecessary services. The action comprised three trials, two appeals, and spanned the probate, civil, and appellate courts. Ultimately, the conservatee paid nothing to the fiduciary, and the conservatee received a confidential monetary settlement. The issue of “fees on fees” was thrust into the spotlight, resulting in proposed legislation and probate reform.

Loss of Trust: San Jose man battles trustee, court system to preserve life savings

Santa Clara County’s court-appointed personal and estate managers are handing out costly and questionable bills

Appellate court: Disabled San Jose man owes nothing to trustee and attorneys in bitter probate dispute

San Jose disabled man’s fight to save estate spurs bill to protect incapacitated adults’ savings

Twist in legal odyssey over San Jose disabled man’s trust leaves trustee paying own hefty legal bill

– In conjunction with the Office of the Public Guardian, pursued an action on behalf of an elderly, bed-ridden, severely demented woman to remove a forged deed of trust encumbering her residence. The matter settled on the eve of trial with the beneficiaries of the forged deed of trust releasing their entire interest therein. The individual responsible for forging the deed of trust was arrested and prosecuted.

– Successfully prosecuted a conservatorship action whereby a caring niece was appointed as conservator for her elderly aunt. This three day bench trial was the culmination of nearly a year’s worth of litigation, which included two trial victories for issuance of restraining orders against individuals who had financially abused the elderly aunt.