Cummins & White, LLP has secured another California litigation victory, successfully defending a mid-sized gas station owner/operator and its real estate broker and agent in a San Mateo Superior Court bench trial.
Case Overview
The plaintiff alleged fraud related to a South San Francisco gas station and sought more than $1 million in damages. After a six-day bench trial, the Court entered judgment in favor of Cummins & White’s clients and granted judgment on their cross-complaint.
Results at Trial
- Plaintiff recovered nothing.
- Clients awarded $10,000 plus interest on their cross-complaint.
- Court costs (estimated $40,000+) and attorney’s fees (estimated $250,000+) awarded to clients (final amounts pending).
Court’s Findings
The Court found the plaintiff “committed multiple acts of perjury” and dismissed all 10 causes of action—including fraud, breach of contract, intentional infliction of emotional distress, negligence, and unfair business practices—at the close of the plaintiff’s case, without Cummins & White needing to present a defense beyond cross-examinations.
Following cross-examination, the Court struck the plaintiff’s damages expert’s testimony for relying on improper hearsay, and rejected the real estate broker expert’s opinions as lacking credibility and evidentiary support.
Lead Attorney
J. Thomas Gilbert
Practice Areas: Litigation, Real Estate, Business Disputes
Why This Win Matters
This judgment underscores Cummins & White’s track record in complex real estate disputes and fraud claims defense—protecting clients from unfounded claims and recovering costs and fees when warranted.
Contact Our Litigation Team
To discuss complex real estate or business litigation matters in California, contact Cummins & White.
