1. Pack v. Elizondo: Nevada Superior Court action in which Mr. Frank represented buyers against sellers who failed to disclose presence of underground gasoline storage tanks. After a multi-day trial, Mr. Frank secured a judgment against the sellers for the full amount of investigation and cleanup costs.
2. Rainbow Lodge v. Warren: US Eastern District Court of CA. RCRA action in which Mr. Frank defended a $1.5 million dollar claim for oil contamination against his 12 clients who were limited partners/investors in the 1990s renovation of the historic Rainbow Lodge near Lake Tahoe. Mr. Frank got all 12 limited partners completely exonerated from any liability and got their attorney's fees paid for through insurance money, and recovered all of the attorney's fees and costs incurred during the lawsuit from the party who sued his clients. In addition, Mr. Frank was also able to recover over 95% of the money invested by the limited partners plus interest on their investment.
3. Riebes v. SS&G: US Eastern District Court of CA. CERCLA lawsuit in which Mr. Frank negotiated a complex rescission action whereby his client-seller took back title to land contaminated with gold mining waste. Mr. Frank secured a large monetary settlement from various PRPs and insurance carriers sufficient to pay for the cleanup of the property. In addition, Mr. Frank also secured a summary judgment against the seller's insurance company in a related state court action which required the insurance company to pay for all attorney's fees and costs incurred by the seller in the CERCLA lawsuit.
4. Bank of America v. Lincoln Airport Business Park: Placer County Superior Court judicial foreclosure action in which Mr. Frank defended the Park entity and its partners from a multimillion dollar deficiency judgment. Mr. Frank successfully negotiated the redemption of the property by the borrower after the foreclosure sale, and the sale of the property immediately thereafter to Coherent Technologies, Inc., resulting in a $4.5 million dollar profit for his client. He thereafter limited his client's deficiency judgment liability to B of A from over $2.5 million to just over $700,000.
5. McGilvray v. Hanson Concrete & Pipe: Sacramento County Superior Court lawsuit in which Mr. Frank obtained a judgment of over $800,000 for his landlord-clients against Hanson Concrete after a two week jury trial, in which the jury found Hanson liable for polluting the property with several hundred tons of concrete rubble, rebar and debris during its 20 year tenancy. The judgment included an award of 95% of the attorney's fees and costs incurred by his clients.
6. Ghandour v. Tahoe Sands Resort: Placer County Superior Court action in which Mr. Frank represented the beneficiaries of an easement to Lake Tahoe across the Tahoe Sands Resort property in two separate trials and two appeals to the Third District Court of Appeal in Sacramento. In the end, Mr. Frank prevailed in getting the courts to confirm his clients' easement rights to the Lake and obtained injunctive relief preventing the resort from interfering with those rights. Mr. Frank was also successful in obtaining nearly all of the attorney's fees and costs his clients incurred during the nine years of litigation.
7. Carrasco v. Roumiguere: Lake County Superior Court lawsuit in which Mr. Frank prevailed in a rescission action against a seller of a 375 acre vineyard who failed to disclose to the buyer that one-third of the vineyard was planted on AXR-1 rootstock, which is not resistant to Philoxera, a bug which devastates grapevines. After a week-long trial, Mr. Frank recovered all of the buyer's down payment money and all attorney's fees and costs incurred by the buyer.
8. Columbian Mutual Life Insurance Company v. Benvenuti. Sacramento County Superior Court Judicial Foreclosure lawsuit involving industrial property security contaminated by TCE and PCE. Mr. Frank secured a judicial foreclosure decree on behalf of his lender client after obtaining a comprehensive Hold Harmless and Indemnification Agreement from two PRP defense contractors in favor of the lender and future property owners and lenders so the fair market value of the property would be unaffected by the contamination. Mr. Frank then secured a deficiency settlement from the borrowers, which included an award of the attorney's fees and costs incurred by the lender.
The foregoing is just a sample of the dozens of major cases Mr. Frank has won or settled as lead counsel for his clients since 1986. Mr. Frank and his firm have successfully won or settled several hundred smaller cases since his firm was established in 1993.
