Commercial Litigation Case Studies

Commercial Litigation encompasses a wide range of business-related disputes, including issues within the fields of Real Estate, Contracts, Business Liability, Employment, Class Action lawsuits, and much more. In our long history, Cummins & White, LLP has proven capable of finding inventive solutions both for businesses and for those adversely affected by them, and—as the case studies below show—no case is the same and so neither have been the strategies we’ve use to win for our clients.

Licensed Versus Unlicensed Contractors

Case Dismissed in Breach of Contract Claim Highlights With extensive construction litigation experience, Cummins & White successfully defended a prime contractor that was sued for breach of contract when a subcontractor was terminated from a public works job. At trial, the unlicensed subcontractor argued that it could recover damages because its contract was an engineering […]

Contract Law & Unjust Enrichment

CHINESE BUSINESS OWNER WINS JUDGEMENT AGAINST CALIFORNIA FIRM FOR UNPAID INVOICES Highlights Based on his expertise in contract law and business litigation, attorney James Wakefield successfully represented a Chinese business owner who, as an individual, sued a California company for more than $800,000 in unpaid invoices. During trial, Mr. Wakefield pursued a claim of “unjust […]

Breach of Contract with Fraud Cross Complaint

FUEL SUPPLIER VICTORIOUS AGAINST STATION OWNER FOR UNPAID INVOICES & BREACH OF RETAIL SALES AGREEMENT Highlights Based on its expertise in contract law and business litigation, Cummins & White successfully represented a Shell fuel supplier in complex litigation when it sued a station for unpaid invoices and damages caused when it stopped purchasing fuel, as […]

Premises Liability

STEAKHOUSE IS VINDICATED AGAINST LIABILITY CHARGE & $1 MILLION DAMAGE CLAIM Highlights Based on their expertise in premises liability litigation, attorneys Jim Wakefield and Charles Murawski successfully defended a high-end restaurant when a diner claimed she was injured after falling off a chair and sued for $1 million. Using depositions, cross examination, and testimony from […]

Breach of Oral Contract & Bond Payment Claim

COURT UPHOLDS LANDSCAPER’S  ORAL CONTRACT WITH SUBCONTRACTORS IN PUBLIC WORKS PROJECT Highlights Based on his expertise in construction law, Jim Wakefield successfully represented the owner of a landscaping business when he received only partial payment for work performed on a public works job. Cummins & White successfully established the existence and terms of an oral […]

Construction Litigation

GENERAL CONTRACTOR RECOVERS ATTORNEY FEES THROUGH PERFORMANCE BOND Highlights Larry Arnold of Cummins & White, LLP, an expert in construction claims and public works projects, successfully defended a general contractor that was sued by a subcontractor after it was fired from a public works project. The subcontractor claimed breach of contract for improper termination, as […]

Breach of Contract & Foreclosure of Mechanics Lien

COURT FINDS MECHANICS LIEN VALID MASONRY SUB-CONTRACTOR AWARDED SERVICE FEES, INTEREST & LEGAL COSTS Highlights Based on their expertise in construction law, Cummins & White, LLP, successfully represented the owner of a masonry contractor when the developer and its general contractor failed to remit payment for performed work. Cummins & White successfully used case law to […]

Employment Law/Wage and Hour

EXEMPT EMPLOYEE DESIGNATION SUCCESSFULLY DEFENDED Highlights Based on its expertise in employment law, Cummins & White, LLP, successfully represented the owner of a construction company when former supervisors sued for $287,000 over a variety of employment issues, including unpaid overtime. Cummins & White successfully defended the employees’ designation as exempt by creating and executing a […]

Dram Shop Defense

SUMMARY JUDGMENT AVOIDS TRIAL FOR 7-ELEVEN IN DRAM SHOP SUIT Highlights Cummins & White, LLP, successfully defended convenience retailing giant 7-Eleven against a liquor liability claim directed toward the corporation and its “deep pockets.” When depositions uncovered flaws in the case, Cummins & White attorneys moved to quickly resolve the case through summary judgment, saving substantial time, […]

Tax Controversy & Litigation—Federal Income Tax Audit, Appeal & Court Case

SIGNIFICANT INCOME TAX OBLIGATION RESOLVED FOR MEDIA MANUFACTURING FIRM Highlights Cummins & White, LLP, successfully represented a media manufacturing firm in an IRS audit, appeal, and court case involving the proper accrual of royalties paid for using patented technology in the duplication of DVDs and CDs. Cummins & White’s in-depth knowledge of IRS administrative and Tax […]

Tax Controversy & Litigation SBE Sales Tax Audit

MEDIA MANUFACTURING FIRM AVOIDS $1.2 MILLION SALES TAX ASSESSMENT Highlights Cummins & White, LLP, successfully represented a manufacturer of DVDs and CDs in a California State Board of Equalization sales tax audit and Appeals Conference involving the acquisition of manufacturing equipment as part of a complex merger transaction with an out-of-state company. Cummins & White’s […]

Breach of Agency Contract

SMALL INSURANCE AGENCY WINS BIG AWARD FROM BLUE SHIELD OF CALIFORNIA Highlights Based on Karen L. Taillon’s expertise in contract law and experience dealing with managed care plans, Cummins & White, LLP successfully represented WMC Insurance Services, Inc., in arbitration for breach of agency contract, receiving an award of more than $3.8 million. Blue Shield […]

Negligent Business Transaction

WELLS FARGO BANK LIABLE FOR FRAUDULENT WITHDRAWALS Highlights Based on his trial expertise and experience with banking law, James Wakefield secured a victory for his client when Wells Fargo agreed to pay a substantial settlement to an Orange County company that was the victim of fraudulent business transactions. Mr. Wakefield’s skilled cross-examination of a bank […]

Motor Vehicle Liability

TRUCK DRIVER CAUSES ACCIDENT & INJURIES, BUT JURY AWARDS NO DAMAGES Highlights Based on his trial expertise, Jim Wakefield secured a defense verdict for a trucking company when one of its trucks jack- knifed and fell onto a car, causing permanent injuries to a 62-year-old female passenger. The jury found that the driver was not negligent, […]

Employment Class Action

STRATEGY AVOIDS EXPENSIVE CLASS ACTION CERTIFICATION & LEADS TO SWIFT SETTLEMENT FOR TRUCKING COMPANY Highlights Based on its expertise handling similar wage and hour class actions, Cummins & White, LLP successfully avoided class certification in this claim against a petroleum carrier involving several hundred drivers. The case was settled in less than one year for a […]

Premises Liability Jewish Community Center

JEWISH COMMUNITY CENTER AVOIDS PAYING AWARD TO WOMAN INJURED IN FALL Highlights Based on its expertise handling premises liability litigation, Cummins & White, LLP secured a defense verdict for the Jewish Community Center of Long Beach, CA, when an elderly woman who was badly injured on site sued the center. Despite being found negligent by […]

Breach of Contract

ARBITRATION YIELDS SUBSTANTIAL PAYOFF FOR ELECTRICAL CONTRACTOR Highlights Cummins & White, LLP successfully represented KDC, Inc. in arbitration for breach of contract, receiving an award of more than $1.13 million (the full amount owed), plus costs and interest. When the award could not be collected due to bankruptcy, Cummins & White moved to foreclose on […]

Premises Liability Slip and Fall

NEGLIGENCE CLAIM AGAINST 7-ELEVEN & FRANCHISE DENIED Highlights Cummins & White, LLP successfully defended longtime client 7-Eleven, Inc., the world’s largest convenience retailer, which was dismissed from the lawsuit soon after the trial commenced. The jury returned a verdict of no negligence for the franchise owner, Mr. Jagtar Samra. In-depth preparation and skilled cross-examination of […]