Veteran Trial Attorney Gregory G. Brown Secures Defense Ruling for More Than 125 Self-Storage Facilities Throughout the Country
Brown & Charbonneau, LLP is proud to announce that award-winning trial attorney and Board Certified Trial Specialist Gregory G. Brown has secured a defense ruling on all causes of action filed against Defendant Westport Properties, Inc. in Cinda Hoeven, CGH Freedom Investments, LLC v Westport Properties, Inc., US Storage Centers, Inc., Westport Storage Centers, LLC, Eastport Storage Centers, LLC. The bench trial spanned more than 4 weeks in Orange County Superior Court.
The complex business dispute began when the Plaintiffs filed suit against Brown’s clients, asserting claims including breach of fiduciary duty, constructive fraud, constructive trust, violation of uniform voidable transactions act, declaratory relief, violation of corporations code sections 1601 and 17704.10, accounting, breach of contract and promissory estoppel. The case involved both shareholder derivative claims and individual claims.
The Plaintiffs asserted that corporate executives failed to obtain owner approval to implement a “tenant protection plan”, diverted corporate assets and revenues, mismanaged the finances of the various ownership entities, breached their fiduciary duties to the various owners and breached an alleged contract with Plaintiff to pay her 10% of the company’s gross revenues for her life.
At trial, Brown was able to establish a lack of credibility in the Plaintiff’s claim, showing that no promises had been made, therefore the plaintiff could not have relied on the alleged promise. Brown also showed in cross examination of witnesses that Plaintiffs had sustained no actual, recoverable damages in both the derivative and individual claims.
The trial concluded with the court ruling that the Plaintiffs failed to meet their burden of proof that there was wrongdoing of any kind, that there were recoverable damages, and that there was duty owed by the Defendant entities to the Plaintiff. The Plaintiff had sought more than $12,000,000 ($800,000 x 15 years) in damages plus punitive damages.
“I am incredibly pleased that the court recognized that these were baseless claims against my clients. The findings clearly demonstrate that my clients committed no wrongful act, and caused no harm, as was shown through the evidence, and the testimony of witnesses. This was a very complicated matter, with over thirty five separate entities involved. However, the court’s ruling established that even with dozens of defendants involved, none of them were found guilty of committing wrongful actions. I am thrilled that justice has been served, and my clients have been cleared of the false charges levied against them,” said Brown.
About Brown & Charbonneau, LLP
Gregory G. Brown is the Founding Partner of Brown & Charbonneau, LLP, an AV-rated business and litigation law firm based in Irvine, California. For more than 30 years, Brown has honed his trial and litigation expertise in the areas of contract actions, fraud and breach of fiduciary duty cases, trade secret litigation, trust litigation, commercial contract disputes, intellectual property disputes, unfair competition, false advertising, shareholder derivative actions, corporate litigation, complex dissolution actions, real estate & construction, personal injury and professional liability suits. Brown is a Certified Trial Specialist, (a distinction earned by approximately 150 lawyers in California), and a graduate of both the internationally renowned Strauss Institute for Dispute Resolution, and the National Institute of Trial Advocacy.
Brown & Charbonneau, LLP is one of Irvine’s top-rated business litigation and trial law firms. Recognized as one of Best Lawyers’ “Top Law Firms,” Brown & Charbonneau, LLP focuses its practice on business litigation, commercial litigation, real estate litigation, and complex/high net worth family law matters throughout Southern California. Visit www.bc-llp.com