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Cates Construction, Inc. v. Talbot Partners – 1999

Defended TIG Insurance Company (formerly Transamerica Insurance Company) in a one-month jury trial over a bad faith claim against Talbot Partners. Claim resulted from a breach of performance and payment bond issued by client to Cates Construction, a real estate developer. Established strategy for appeal wherein the California Supreme Court reversed the trial court’s $28 million decision in a landmark published decision in TIG’s favor. The court found that the developer and the bank could not recover in tort for the surety’s alleged breach of the covenant of good faith and fair dealing implied in the performance bond as a matter of law. The court held that contract remedies provide adequate compensation for breach of a construction bond and a surety cannot be liable for insurance bad faith.

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-Michael Mackel
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“Resolving a complex trust and estate litigation in California from our home in London was challenging. Retaining Steve Hogan to represent us based on a friend’s strong recommendation turned out to be the right decision.”
-Robert Johnson
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“I gained a lot of confidence in Troy Martin from co-litigating a case with him. He is easy to work with and has a great demeanor for handling trust, estate and probate litigation.”
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“When my trust and estate planning clients need a litigator, I refer them Lurie, Zepeda, Schmalz, Hogan & Martin. The attorneys are experienced, focused and personable, and reduce my clients’ stress levels. Also, the staff is polite and the environment is highly professional.”
-Lawrence Davis, Esq.
"The Hogan-Holcomb team of Lurie, Zepeda, Schmalz, Hogan & Martin, A.P.C. stuck with me through a hard-fought 3-year case involving a very complicated estate with a myriad of twists and turns unimaginable! They got it to a settlement where my Life Concerns were more-than met enabling me a future lifetime of security and prosperity. The many twists and turns were met with their immediate knowledge, instinct and creativity resulting in a true success! They stuck with me through thick and thin and I'd recommend them to anyone dealing with an estate matter where winning matters! I was up against a very well-manned team and I called-in the BEST! Needless to say using Steve Hogan and Damien Holcomb was one of the wisest choices in my life!"
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“I was unsure about pursuing litigation to resolve a long-standing dispute with family members over property. Steve Hogan made me comfortable with the decision to move forward, and we won our case. Steve is very personable and was in-tune with the many issues I was facing throughout the process.”
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“Troy Martin has successfully resolved real estate and trust litigation for my clients. He is very responsive and strategically considers potential outcomes versus potential costs when planning the best path to pursue.”
-Stephanie Bezner, Esq., Doan Bezner
“Steve Hogan and I have shared a nice reciprocal relationship for over 10 years. He is everything you want in a litigator – innovative, smart, personable and relentless.”
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"Truth be told I had concerns about using a $695 / hour power attorney for a relatively smaller probate issue. However I am so pleased to see Mr. Hogan achieve the best possible outcome for us without breaking the bank. Mr. Hogan skillfully stayed in command while empowering a younger but very capable attorney Mr. Magana to do much of the work for us. In the end, the court of appeal’s opinion virtually tracked our briefs. Order (00620669) Thank you for a job well done!"
-Oliver Omidvar, Currency Corp.
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-Anita Lorber
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-Partner & General Counsel, Global Law Firm
“Kurt Schmalz is one of the best litigators in Southern California. He is intelligent, careful, results-oriented, and practical in his approach. Kurt is a phenomenal choice for any client.”
-Robert Weinberg, Esq.
“I experienced a surprisingly positive outcome from very a complex estate situation. All my concerns were addressed. Resolving our communication challenges were accomplished while navigating a California case from my home in New Mexico.”
-Clarice Altadonna Waldecker
“Thank you Kurt and Victoria! Your resolve and creativity steered this case straight to victory. Your steady hand on the wheel kept me sane in a matter of enormous personal and financial consequence. Litigation is never fun but winning sure is. Calling you was an inspired moment.” Raymond J. Tittmann, Esq. (Continental Casualty Co. v. Tittmann, et al, LASC Case No. 18STCV04963).
-Raymond J. Tittmann, Esq.
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-Peter Cathcart, Esq., Magana Cathcart & McCarthy
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-Kazuaki Uemura, Esq.
“Extremely valuable real estate divided our family after my father passed away. I needed the best attorney in town, and fortunately was referred to Troy Martin. Troy took a personal interest in my case and patiently pursued a successful settlement strategy rather than high-billing litigation.”
-Michael Anderson
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-David Altshuler, Esq.
"Victoria Tsylina handled a real estate dispute on my behalf.
Her expertise and strategy were excellent – she obtained a desired result by making a strong pre-litigation demand, saving thousands of dollars in litigation fees and costs."

-Giri Palani, DDS, President of IG Dental Consulting, Inc.
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-Fred Mashian, Esq.
“When a trusted employee embezzled from me and stole trade secrets, Troy Martin kept me sane. He is patient, kind and very knowledgeable. Troy’s exceptionally clear lawsuit was so easy for the jury to follow that we won the case with a seven figure verdict.”
-Nancy Collinge, NHC Insurance Services
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-Susan Rhoades
“I quickly gained confidence in Troy Martin. He listens carefully, is rational in his approach, and thoughtfully explains the calculations behind his communications with the opposing side. Troy achieved our desired outcome by patiently negotiating a settlement, saving us a lot of money in the long run.”
-Russell Steinberg
“I have spent a lot of time working side-by-side with Lurie, Zepeda, Schmalz, Hogan & Martin’s attorneys as an expert witness for their cases. They are fantastic litigators, hardworking and fun to be around.”
-Coral M. Hansen, CPA/CFF, CFE, CBIZ & Mayer Hoffman McCann P.C.

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