Don Chomiak has faithfully and successfully served his clients in a variety of cases during his career as a business litigation attorney. Here are some representative matters:
Successfully represented 686 condominium owners as co-lead counsel in nine-figure, federal class action lawsuit. Case involved a San Diego resort hotel and violations of both the federal Interstate Land Sales Full Disclosure Act and California’s Unfair Competition Law where the developer failed to disclose federally-mandated, two-year rescission rights to condominium buyers during the 2007 collapse of the San Diego real estate market. Prevailed on motion for partial summary judgment against the developer and its affiliates as to liability. See the 2014 District Court opinion. Then represented owners in connection with the developer’s appeal before trial to the Ninth Circuit Federal Court of Appeals, which appeal the condominium owners won. See the 2016 Ninth Circuit opinion. After the developer then unsuccessfully petitioned the United States Supreme Court, the case settled for $51.15 million in December 2016.
Successfully represented owners of ten luxury condominiums in historic building in downtown San Francisco in $20 million lawsuit against developer and its affiliates where complaint alleged violations of the Interstate Land Sales Full Disclosure Act and other statutes flowing from defendants’ alleged failure to make certain disclosures required by state and federal law. Lawsuit settled three months before date set for trial.
Successfully represented owners of 26 luxury condominium-hotel units in Napa resort in $18 million lawsuit against developer and its affiliates where complaint alleged violations of the Interstate Land Sales Full Disclosure Act and other statutes flowing from defendants’ alleged failure to make certain disclosures required by state and federal law. Lawsuit settled shortly before the scheduled trial date.
Successfully represented dozens of would-be condominium buyers as co-lead counsel in a seven-figure class-action lawsuit against a resort real estate developer where the buyers put down deposits that were wrongfully withheld from them in violation of federal law in connection with the aborted purchases of condominiums at a Napa resort.
Successfully represented owner of banquet hall in contract dispute involving a deception where the prospective purchaser of the banquet hall entered into the purchase contract to prevent his competition from purchasing the property but did not have the financial means to close the deal. Prevailed at arbitration and obtained a six-figure attorneys’ fee award.
Prevailed in 15-day bench trial on behalf of plaintiff investment banker seeking indemnity in connection with a consulting contract.
Obtained defense verdict in six week jury trial on behalf of insurance company in bad faith action where the insured business concealed the existence of a joint venture from the insurance company.
Resolved dispute between client owner of $2.9 million luxury condominium and seller and seller’s real estate broker in connection with seller’s (and his broker’s) failure to disclose information affecting value and desirability of unit prior to purchase.
Resolved dispute on behalf of owner of Malibu, California beach house where foundation-level water leak resulted in presence of mold in house and tenant demanded compensation.
Obtained summary judgment on behalf of defendant Michigan bank disposing of $10 million business destruction claim brought by defunct warehouse lending entity against the bank.
Successfully defended majority member of a California limited liability company against minority member’s creditors, who claimed to own the minority member’s $2.3 million share of company.
Successfully defended insurance brokerage firm in connection with bad faith lawsuit brought by insured company against its insurer.
Successfully defended Santa Monica restaurant in lawsuit brought by restaurant design firm.