Results


Results that our attorneys have obtained include:

In re Petco Animal Supplies, Inc. Shareholder Litigation

Pestotnik + Gold LLP was co-counsel to a group of defendants who purchased all of PETCO’s public stock in a leveraged buy-out. Plaintiffs, represented by the Lerach Coughlin law firm, sought a preliminary injunction to prevent the shareholders from voting on the acquisition. Pestotnik + Gold LLP was part of the defense team that successfully defeated plaintiffs’ preliminary injunction, and the shareholders then voted to approve the acquisition.

In re Surebeam Securities Litigation

Our lawyers represented some of the directors and officers who were sued in a federal court class action lawsuit alleging securities fraud. After our motion to dismiss was granted in part, and denied in part, the lawsuit settled with insurance funds and without the director or officer clients paying any money to anyone.

Palacios v. Billing Concepts, Inc.

A class action lawsuit was filed against our client, Billing Concepts, Inc., a long distance billing service provider, alleging fraud in connection with collect telephone calls placed from Mexico. With our motion attacking class certification pending, plaintiffs settled the case for a nominal amount, a tiny fraction of what was sought.

DRS Trading Company, Inc. v. Barnes

Our lawyers represented DRS Trading Company at trial in a business fraud action in Orange County Superior Court. After trial, the Court found in favor or our client DRS and awarded the full amount of damages sought by our client, which exceeded $1 million. The entire judgment was later affirmed on appeal.

Gleason v. City Of San Diego

Our lawyers represented the City of San Diego in complex class action litigation alleging deliberate underfunding of the City employees’ pension system. Our lawyers negotiated a settlement with the 5,000 member class in a highly publicized action. Our lawyers also defended plaintiffs’ counsel’s fee petition in which plaintiffs’ counsel achieved less than one-fourth of the fees sought from the City in the lawsuit.

Stone Canyon Venture Partners, LP v. Orfalea, et al.

We represented the plaintiff in obtaining over $10 million in settlement on behalf of our client (while our motion for summary judgment was pending). This partnership action was brought against 6 limited partners, one of whom was the founder of Kinko’s™. We recovered 100% of the funds our client was owed, plus interest.

Saylor v. Toyota Motors and El Cajon Luxury Cars, Inc.

We obtained a $20 million settlement from Toyota and Bob Baker Lexus on behalf of the Saylor and Lastrella families who lost four of their family members in a horrific traffic accident. On August 28, 2009, off-duty California Highway Patrol Officer Mark Saylor and his wife Cleofe, both 45, their 13-year-old daughter, Mahala, and 38-year-old brother-in-law, Chris Lastrella, were all killed after a 2009 Lexus ES 350 loaned to them by Bob Baker Lexus accelerated uncontrollably and crashed in Santee, California.

The accident has drawn international attention and has been credited as the event that launched an international recall of millions of vehicles by Toyota concerning sudden unintended acceleration. MORE

UBS Financial Services v. Monsefi and Merrill Lynch, Pierce, Fenner & Smith, Incorporated

After the Claimant obtained a temporary restraining order against Respondent Monsefi in state court, we were hired. In the subsequent arbitration, we successfully prevented any injunctive relief againsty Merrill Lynch and dissolved the prior TRO against all parties.

State Teachers’ Retirement System of Ohio v. Blockbuster Entertainment

Our lawyers represented the retirement system for the teachers of the state of Ohio in a federal court lawsuit we brought in Orange County against Blockbuster Entertainment for breach of a large commercial lease. After obtaining summary judgment on a counterclaim brought by Blockbuster, the case settled with Blockbuster paying money to the teachers.

Wolowsky v. Bum Steer Restaurants Inc.

Our firm recovered policy limits of $1 million for a widow who watched her husband die after a drunk driver swerved into oncoming traffic, killing her husband. The case was unique as the drunk driver was on her way home from work after drinking alcoholic beverages at the restaurant/bar where she worked. We carefully constructed an argument demonstrating the employer’s liability and avoiding California law that otherwise would limit liability for bars providing alcohol to customers. The bar is no longer in business. MORE

Estate Of Nunn v. Mandell

In an elder abuse case, our lawyers pursued an action against a tenant who acquired title to her landlord’s house six weeks prior to the landlord’s admission to the hospital for severe Alzheimer’s dementia. We recovered the entire value of the property as well as part of our attorneys’ fees and costs.

Williamson v. General Dynamics Corporation

Our lawyers obtained a court-ordered dismissal on behalf of General Dynamics in a federal court class action brought on behalf of 4,000 former General Dynamics managers who asserted damage claims in excess of $2 billion.

Hermann v. Miller & Schroeder

Our lawyers represented two stock brokers in a multi-party state court lawsuit alleging securities fraud in connection with the sale of bonds. After the court sustained a demurrer on behalf of our broker clients, the plaintiffs dismissed the case against our clients.

Yohe v. Teraglobal Communications

Our lawyers represented a technology company, Teraglobal, in a federal court lawsuit in Los Angeles alleging securities fraud. Our lawyers asserted a counterclaim on behalf of Teraglobal, obtained a stipulated judgment on the counterclaim in favor of our client, and a dismissal of all claims asserted against Teraglobal.

Mandleberg v. USLD Communications

Our lawyers’ motion to dismiss was granted in favor of our Texas-based telecommunications client, USLD Communications, in a federal court lawsuit.

Bevco v. Maizoro, S.A.

Our lawyers obtained complete dismissals of a large Mexican corporate client and its officers in a federal court action in California on the grounds of lack of personal jurisdiction.

C.L. Trustees, et al. v. ACS State & Local Solutions, et al.

One of our partners was co-lead trial counsel for Lockheed Martin IMS Corp. and its successor, ACS State & Local Solutions, Inc. in three simultaneously tried class actions and two representative actions alleging that red light intersection cameras were operated unlawfully in violation of California Business & Professions Code Section 17200. The Plaintiff classes, who were represented by a consortium of highly-regarded Plaintiffs’ law firms, demanded more than $85 million before trial and sought $27 million at trial. A complete defense judgment was rendered after trial, so Plaintiffs recovered nothing. The defense judgment, which reached the California Supreme Court, was affirmed on appeal.

Windermere Services Company v. Lifestyles Services, et al.

We obtained a settlement of $700,000.00 for our franchisor clients in a dispute with their former franchisees over payment of fees, and cross-allegations of unfair competition and other business torts.


  • Our lawyers have been recognized numerous times for their talent and commitment to San Diego’s legal community.