Appellate Cases - Property Torts

There are a wide variety of torts involving property. Mr. Adelstein has handled several appeals involving such issues.

City of Los Angeles v. Conway

A taxicab company lost its franchise and went out of business. The City of Los Angeles's Department of Water and Power obtained a judgment against the company in an unrelated case, and years later sued the company's owner and another officer, claiming that they had fraudulently transferred assets to themselves. After a bench trial, the trial court agreed. However, the Court of Appeal in Los Angeles (Second Appellate District, Division Five) reversed the judgment (in a 2-1 decision), holding that the evidence did not show a fraudulent transfer.

Case Comment

The appellant joins the elite club of clients for whom I have obtained two reversals in two separate appeals.

Case Data

Court of Appeal Opinion.
Court: California Court of Appeal, Second Appellate District, Division Five (Los Angeles)
Case No. B205763
Author: Justice Orville Armstrong
Opinion Date: January 4, 2010
Trial Counsel: Steven Neimand

Kaufman v. Spiegel

See here.

Shekhter v. Seneca Structural Design

This was a complex construction defect case. The owners of a large apartment complex that was damaged in the Northridge earthquake sued several design and construction companies for faulty repairs to the complex after the earthquake. The procedural history was complex. In a series of orders, the trial court sustained demurrers to various causes of action, struck certain allegations from the complain, and dismissed some defendants entirely. The result was essentially to gut the plaintiffs' case. Mr. Adelstein represent the owners on appeal and obtained almost a complete reversal, thereby reinstating virtually all of the claims against virtually all of the defendants. The case involved complex issues regarding fraud and misrepresentation; alter ego, conspiracy and agency allegations, and the dividing line between contract and tort claims as set forth in Aas v. Superior Court (2000) 24 Cal.4th 627

Case Data

Court of Appeal Opinion.
Court: California Court of Appeal, Second Appellate District, Division Eight (Los Angeles)
Case No. B158174
Author: Justice Paul Boland
Opinion Date: August 24, 2004
Trial Counsel: Steven Zelig of Zelig & Associates