In this case, the plaintiff owned and operated a daycare and preschool on property owned by our clients, who were individuals and business entities.  The plaintiff filed suit against our clients claiming that they breached oral and written contracts related to the operation of the daycare and preschool.  Plaintiff also alleged that defendants tortiously interfered with her business and prospective business opportunities.  Finally, plaintiff alleged that her business was wrongfully evicted from the property.  The lawsuit sought damages for loss business profits and future business profits, as well as punitive damages and attorney’s fees.  Defendants demurred to the initial complaint, which was procedurally defective on its face.  In lieu of filing an opposition, plaintiff filed a First Amended Complaint, which completely changed the facts from the initial Complaint to get around the procedural defects of the statute of limitations and statute of fraud defenses.  Defendants demurred based on the “sham pleading” doctrine.  The Court dismissed all individual defendants and gave plaintiff leave to amend as to the business entities.  Also, the Court found that the tortious interference with contract and prospective economic advantage claims were barred by the statute of limitations.  Plaintiff filed a Second Amended Complaint alleging the same facts as the previous two complaints and attached the alleged contract.  Defendants again demurred based on the fact that there was no privity of contract and because the facts alleged did not show that the remaining entity defendants caused or contributed to plaintiff’s alleged damages.  The Court sustained the demurrer without leave to amend, dismissing the case in its entirety and entitling defendants to its costs. 

In this products liability case, the plaintiffs, a widow and three children, filed a wrongful death and survival action against numerous defendants, including our clients, alleging that decedent’s exposure to benzene and other alleged toxins from defendants’ chemical products caused him to develop kidney disease and brain cancer. We filed a demurrer as to all of plaintiffs’ survival causes of action, arguing that those claims are barred by the statute of limitations, and that equitable tolling did not save plaintiffs’ claims. The trial court sustained the demurrer without leave to amend. On appeal, the plaintiffs argued that equitable tolling and the relation back doctrines applied. We argued that neither doctrines applied as to our clients, and that the trial court properly sustained the demurrer without leave to amend. The appellate court affirmed the trial court’s decision as to our clients, and ordered plaintiffs to bear the costs of our clients’ appeal.

The plaintiff in this product liability action alleged that while he was employed as a painter in Illinois from 1958 to 2000, he was exposed to defendants’ chemical products which contained benzene. He further alleged that his exposure to benzene from these products caused him to develop serious bodily injuries, including Myelodysplastic Syndrome (“MDS”). The plaintiff filed an action in the Los Angeles Superior Court against approximately 40 corporate defendants alleging claims of negligence, strict liability, and breach of express and implied warranties.  The Court granted a motion to dismiss on the theory of forum non conveniens, thereby terminating the entire action in California.

In this matter, four plaintiffs who had been charged with assault on a peace officer claimed that they were falsely arrested and subjected to excessive force.  The plaintiffs sued those officers as well as the public entity that employed them.  We filed a motion to dismiss all of the individual defendants based on various procedural and substantive grounds, which the Court granted without leave to amend, leaving only the public entity as a defendant in the action.  Through further negotiations between our office and the plaintiffs’ counsel, the plaintiffs agreed to dismiss all of their claims against the public entity.  The Court therefore ordered the dismissal of the case, terminating the action. 

Hurrell Cantrall LLP would like to welcome back Associate Joseph Johnson.  Mr. Johnson was admitted to practice law in California in 2004, and joined Hurrell Cantrall LLP where he honed his skills in all aspects of civil litigation.  In 2007, opportunities brought Mr. Johnson to Memphis, Tennessee, where he focused on personal injury and social security disability matters.  Recently, he authored an article entitled The Constitution’s Perfect Infalliability!  A Young Lawyer’s Discovery During His First Trip to Washington, D.C., which was published in the 2009 issue of the Tennessee Young Lawyer.  Mr. Johnson now returns to Hurrell Cantrall LLP to further pursue his legal career.

Thomas C. Hurrell served as a faculty member at the 23rd Annual Jack Daniels American Board of Trial Advocates Trial School. The Trial School is an intensive trial tactics program that brings in renowned and seasoned trial attorneys to instruct participants in the art of voir dire, opening and closing statements, and directing and cross-examining witness. The Trial School is sponsored by the Los Angeles Chapter of the American Board of Trial Advocates. Hurrell Cantrall LLP Associates Lisa An, Lala Hassaram, and Charles Phan participated and successfully completed this year’s Trial School program.

Hurrell Cantrall LLP welcomes Laila Khosroabadi and Adrianna Corrado as associates at the firm.

 Ms. Khosroabadi has defended

complex litigation and business litigation matters, including but not limited to products liability, breach of contract, fraud, trademark infringement, lease disputes and mechanic’s lien matters.  She received her Bachelor of Arts degree in Legal Studies from National University, and her Juris Doctorate from California Western School of Law.  While in law school, she received the Dean’s Merit Scholarship for Cultural Diversity.  She is a member of the State Bar of California, the Los Angeles County Bar Association and the San Diego County Bar Association.  Ms. Khosroabadi is admitted to practice in all of the California State Courts and the United States District Court for the Central District of California. 

To learn more about Ms. Corrado and Ms. Khosroabadi, please visit their respective profiles. 

Congratulations to Jill A. Wood and Rittu Kumar, who are included in the 2009 Super Lawyer’s Southern California Rising Stars List. 

Hurrell Cantrall LLP is committed to diversity within the legal profession.  As part of our commitment, we have brought together a superb group of exceptional lawyers with different backgrounds and life experiences.  In fact, as of June 1, 2009, Hurrell Cantrall LLP is composed of approximately 50% minority attorneys and 71% female partners.  Most recently, managing partner Thomas C. Hurrell, partner Mai T. Nguyen, and associate Charles Phan attended DRI’s Fourth Annual Diversity for Success Seminar in Chicago, IL from June 10, 2009 through June 12, 2009 to learn more about the efforts being made to diversify the legal profession to better reflect the community that it serves.

To learn more about Hurrell Cantrall LLP’s commitment, please view our Diversity Statement.

Thomas C. Hurrell presented “Nuts and Bolts of Product Liability:  What Can You Do To Prevent, Manage, and Mitigate Risks!” at Los Angeles Society for Coatings Technology’s monthly meeting in Buena Park, California.  During this presentation, Mr. Hurrell discussed jury preception regarding the chemical industry and strategies such companies can utilize to minimize and manage risks in litigation.