Case Studies for Jeffrey S. Goodfried
Creditor’s Rights, Collection, Breach of Note, Breach of Guaranty
- Wells Fargo Bank, etc. v. Jogani, Obtained summary judgment in excess of a million dollars in favor of special servicer client against guarantor defendants.
- 3115 Sepulveda Boulevard Holdings, LLC v. Mugel, Obtained summary judgment in excess of a million dollars in favor of holding company against guarantor defendant.
- Wells Fargo Bank, etc. v. Detrick, Recovered more than a million dollars for unsecured creditor after obtaining prejudgment writs of attachment against defendant.
- Receivership cases, In a three year period, obtained throughout California and Nevada about twenty orders for the confirmation of the appointment of a receiver to manage secured real property.
Foreclosure Defense/Wrongful Foreclosures
- Ynez Road Industrial v. Wells Fargo Bank, Defeated a plaintiff’s motion for injunctive relief to enjoin non-judicial foreclosure of commercial property valued at $4.1 million. Eventually had case dismissed for plaintiff’s failure to plead sufficient facts to state a claim.
- U.S. Bank v. Broadway/Stockton, Expunged a lis pendens and settled case on favorable terms to lender.
- U.S. Bank v. Montejano, Defeated complaint with prejudice after successfully demurring to wrongful foreclosure cause of action.
- Wells Fargo Bank, N.A., etc. v. Jogani, Recovered more than $600,000 for client after obtaining a writ of execution and levying on judgment debtor’s financial accounts.
- I2a, Levied on the judgment debtor’s personal residence, and recovered the full judgment amount the day before the sheriff’s sale.
- Dye Precision, Obtained injunctive relief against default judgment debtor, forcing debtor to make payments equal to full amount of judgment.
- Hadid, Obtained bench warrant for debtor’s arrest, causing debtor to make payments under terms of a settlement plan.
- 223-1 DL Holdings, LLC v. DL Theater Investors, et al., Obtained judgment for possession of a multiplex movie theater at a major Southern California mall after a contentious trial.
- 223-1 DL Holdings, LLC, Obtained an emergency temporary restraining order to prevent tenant from removing fixtures and equipment subject to landlord lien.
- Pasadena Restaurant, Obtained a temporary restraining and preliminary injunction enjoining former tenant from removing from premises fixtures and equipment subject to landlord lien.
- Tenant Disputes, Represented landlords in CAM disputes, class action claims, ADA complaints, management company indemnity disputes, unpaid rent, and unlawful detainers (evictions).
- Commercial Unlawful Detainer Evictions, Obtained judgment for possession in about 30 commercial tenancies throughout Southern California. Representative shopping centers: Montclair Plaza (Montclair), Bel Villaggio Center (Temecula), Dos Lagos Shopping Center (Corona), Moreno Valley Mall (Moreno Valley), Lakewood Galleria (Lakewood), and Nautilus Center (San Diego).
Creditor Side Bankruptcy
- In re Clarion Inn, Represented first secured lender in chapter 11 confirmation battle. First chair on evidentiary hearing re motion to dismiss. Second chair during multiple-day trial. Case settled during trial with a plan favorable to lender.
- In re Quarry Ponds, Represented first secured lender with a claim exceeding $26 million. Obtained relief from stay for creditor to pursue non-judicial foreclosure, while also defeating plan confirmation after lengthy trial.
- In re Kymm, Represented first secured lender with a claim exceeding $8.1 million. Successfully converted case from Chapter 11 reorganization to Chapter 7 liquidation. Obtained relief from stay so client could pursue non-judicial foreclosure.
- In re Sandbreck, Represented first secured lender with a claim exceeding $7.5 million. Obtained relief from stay so client could pursue non-judicial foreclosure of commercial property.
- In re Wheelis, Successfully obtained relief from stay for first position secured lender on grounds that the Debtor engaged in fraud and bad faith through multiple bankruptcy filings.
Other Bankruptcy Matters
- Barnett DDS, Favorably settled case with Chapter 7 Trustee with dismissal for zero payment in a fraudulent transfer adversary complaint.
- Korean Farm, Favorably settled case with Chapter 7 Trustee with dismissal for zero payment in a fraudulent transfer adversary complaint.
- Chapter 15 Cases, Represented debtors in Canada obtaining the benefits of the automatic stay throughout the United States.