RDR LAW Case Results

RDR LAW’s Ronald Roach Presents Three Topics at Continuing Legal Education Seminar on Short Term Rentals

Thu, 18 Jun 2020 22:16:28 GMT

RDR LAW’s Ronald Roach Presents Three Topics at Continuing Legal Education Seminar on Short Term Rentals.

June 2019

With the explosion in popularity of the sharing economy and Airbnb in particular, RDR LAW was invited to speak on three-topics during a recent continuing legal education seminar on short term rentals hosted by the National Business Institute. Mr. Roach spoke on liability essentials, remedies for damages to a rental unit, and short-term agreement fundamentals.

RDR LAW Files Motion to Dismiss Resulting in Dismissal of Federal Odometer Tampering and Indemnification Lawsuit Against Individual Client

Thu, 18 Jun 2020 22:16:10 GMT

RDR LAW Files Motion to Dismiss Resulting in Dismissal of Federal Odometer Tampering and Indemnification Lawsuit Against Individual Client.

June 2019

RDR LAW’s client was the target of a third-party claim in the U.S. District Court of Arizona asserting that he should have to indemnify a car dealership for any liability it may have for tampering with the odometer of a vehicle. RDR LAW filed a motion to dismiss on behalf of his client asserting that the indemnification claim failed to state a claim upon which relief could be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Faced with the motion, the third-party plaintiff dismissed the claim.

RDR LAW Obtains Default Judgment Against Tenant that Abandoned Residential Rental Property

Thu, 18 Jun 2020 22:15:48 GMT

RDR LAW Obtains Default Judgment Against Tenant that Abandoned Residential Rental Property.

May 2019

A tenant renting a home abandoned the property months before the end of the lease and left the property damaged and filled with trash. RDR LAW was retained to prosecute claims for the damage and unpaid rent, late fees, and interest owed. Although the defendant refused to respond to communications from RDR LAW and/or its client, RDR LAW located and served her with a complaint and summons. After she failed to respond as required by the Rules of Civil Procedure, a default judgment was entered against her for the full value of the plaintiff’s claim.

Negotiates Commercial Lease on Behalf of Doughnut Franchise with Large Real Estate Company

Thu, 18 Jun 2020 22:15:26 GMT

Negotiates Commercial Lease on Behalf of Doughnut Franchise with Large Real Estate Company.

April 2019

RDR LAW’s client was in the process of opening Arizona’s first franchise of a popular east coast doughnut shop. RDR LAW was retained late in the transaction after most of the terms had been agreed upon and successfully negotiated additional concessions favorable to its tenant client into the lease.

RDR LAW Prevents Judgment Creditor’s Efforts to Seize Proceeds from Sale of Client’s Home

Thu, 18 Jun 2020 22:15:10 GMT

RDR LAW Prevents Judgment Creditor’s Efforts to Seize Proceeds from Sale of Client’s Home.

January 2019

RDR LAW was retained by a woman who was in the process of selling her home (owned jointly with her parents) when she was informed by the title company handling the transaction that nearly all of the sale’s proceeds would be taken to pay a judgment lien. There was a judgment encumbering the sale of the property because one of the property’s co-owners, (our client’s father) was subject to a recorded judgment. RDR LAW intervened and demonstrated to both the title company and the creditor that the homestead exception applied and precluded any seizure of funds because the father lived in the home. Not only was the client able to proceed with the sale and keep all of the sale proceeds, but a new settlement was reached between her father and the creditor.

RDR LAW Drafts Operating Agreement and Master Services Agreement for Newly Formed Companies

Thu, 18 Jun 2020 22:05:08 GMT

RDR LAW Drafts Operating Agreement and Master Services Agreement for Newly Formed Companies.

January 2019

Two new companies, including a professional limited liability company formed by a local certified public accountant starting his own practice and an online marketing company retained RDR LAW to prepare their company’s respective operating agreements and master services agreements.

Wins Motion for Summary Judgment and Court Holds that Lender Violated Arizona’s Usury Laws

Thu, 18 Jun 2020 22:04:13 GMT

Wins Motion for Summary Judgment and Court Holds that Lender Violated Arizona’s Usury Laws.

December 2018

Although lenders want to take the position that usury is dead in Arizona, RDR LAW prevailed on a second motion for summary judgment on usury in three months. This time, RDR LAW represented an individual facing threats of foreclosure by a commercial lender. The lender demanded that it would initiate foreclosure proceedings unless the borrower paid a default penalty and a years’ worth of back interest (that the borrower had already paid). After oral argument, the court granted RDR LAW’s motion for summary judgment and held that the lender violated Arizona usury law and breached the promissory note by charging unlawful interest.

RDR LAW Successfully Negotiates Settlement of Wage Dispute Filed in California on Behalf of Local Business

Thu, 18 Jun 2020 22:03:38 GMT

RDR LAW Successfully Negotiates Settlement of Wage Dispute Filed in California on Behalf of Local Business.

November 2018

An Arizona company performed work in California and – as a favor – took a family friend along as a temporary employee. In return, he filed a wage and hour claim with the California Department of Industrial Relation’s Division of Labor Standards Enforcement asserting that he was not given breaks or properly paid for overtime hours worked. RDR LAW was engaged and after filing a response to the charges with the California authorities, RDR LAW was able to negotiate a nuisance value settlement of the claim resulting in the dismissal of the matter.

Obtains $200,000+ Judgement Against Gym and Owner for Failure to Repay Debts

Thu, 18 Jun 2020 22:03:08 GMT

Obtains $200,000+ Judgment Against Gym and Owner for Failure to Repay Debts.

November 2018

After repeatedly borrowing tens of thousands of dollars for personal and professional business ventures, a man and his companies failed and refused to repay the sums due and owed (totaling over $200,000). RDR LAW was retained to prosecute claims against the defaulting borrower. While the merits of those claims were beyond dispute, the defendant individual and companies repeatedly failed to comply with Court orders and a default judgment for the full value of the claims was entered against them.

Successfully Argues Motion for Summary Judgment that over $900,000 In Commercial Loan Charges Were Usurious in Violation of Arizona Law

Thu, 18 Jun 2020 22:02:39 GMT

Successfully Argues Motion for Summary Judgment that over $900,000 In Commercial Loan Charges Were Usurious in Violation of Arizona Law.

September 2018

When a commercial lender declared that its borrower was in default of a promissory note – only a month after the loan closed, it sent a demand seeking more than $1M in interest, late fees, and penalties from its borrower, including charging interest on sums that it had not even disbursed to the borrower. RDR LAW’s Ronald Roach drafted a motion for summary judgment arguing that the late fee was an improper and unlawful penalty and that the lender was trying to collect usurious interest – interest that exceeds the amount to which the lender was entitled – in violation of Arizona usury law. The Court agreed and entered summary judgment against the lender, prohibiting its effort to collect a windfall of more than $900,000 in improper interest.

RDR LAW Provides Annual Higher Education and Incentive Compensation Training to Higher Education Technology Company

Thu, 18 Jun 2020 22:02:22 GMT

RDR LAW Provides Annual Higher Education and Incentive Compensation Training to Higher Education Technology Company.

August 2018

Along with providing day-to-day marketing reviews, compliance guidance, and other outside general counsel services, each summer, RDR LAW provides annual compliance training to a Silicon Valley-based start-up in the education technology space. The training covers the Federal Higher Education Act and focuses on the Department of Education’s Incentive Compensation Ban that regulates and prohibits certain practices and payments in the recruiting of students for college and universities.

Wins Preliminary Injunction Preventing Commercial Lender from Taking Over Medical Marijuana Business

Thu, 18 Jun 2020 22:01:54 GMT

Wins Preliminary Injunction Preventing Commercial Lender from Taking Over Medical Marijuana Business.

August 2018

When a commercial lender sought to enforce unique remedies in its promissory note with a medical marijuana company that allowed the lender to put members on the company’s board of directors and effectively take over its borrower’s business and its immensely valuable medical marijuana dispensary licenses, RDR LAW’s Ron Roach argued on the borrower’s behalf to prevent the takeover. After an evidentiary hearing and oral argument, the Court entered a preliminary injunction that stopped the takeover and highlighted “serious concerns” regarding the lender’s actions.

Obtains Preliminary Injunction Prohibiting Sale of Rare Ferrari Pending Resolution of Lawsuit

Thu, 18 Jun 2020 22:01:36 GMT

Obtains Preliminary Injunction Prohibiting Sale of Rare Ferrari Pending Resolution of Lawsuit.

August 2018

RDR LAW represents a man seeking to recover a rare and valuable 1954 Ferrari the client claims was stolen from his family after his father was allegedly murdered. A lawsuit was filed to recover the car and motions were filed to enjoin the alleged current owner of the car and the auction company from selling or disposing of the Ferrari until the case can be resolved on its merits. The defendants objected and, after an evidentiary hearing and oral argument in the U.S. District Court for the District of Arizona, the injunction was granted ensuring the valuable Ferrari could not be moved or sold beyond the reach of the court until the case was conclusively resolved.

RDR LAW’S Ronald Roach Argues for and Obtains Declaratory Relief, Preventing Commercial Lender from Charging Prepayment Penalty of More Than $370,000 After Acceleration of Promissory Note

Thu, 18 Jun 2020 22:01:09 GMT

RDR LAW’S Ronald Roach Argues for and Obtains Declaratory Relief, Preventing Commercial Lender from Charging Prepayment Penalty of More Than $370,000 After Acceleration of Promissory Note.

June 2018

After full-day evidentiary hearing followed by a second day of oral argument, the Court agreed with RDR LAW’s Ronald Roach and awarded declaratory relief in favor of a medical marijuana company. The court held that medical marijuana company’s commercial lender was unlawfully seeking to charge a significant prepayment penalty of more than $370,000 despite the fact that it was the lender who was accelerating the promissory note at issue and demanding the early payment.

Motion to Dismiss Forces Commercial Plaintiff to Walk Away from Multi-Count Lawsuit Against Commercial Equipment Leasing Company

Thu, 18 Jun 2020 21:22:03 GMT

Motion to Dismiss Forces Commercial Plaintiff to Walk Away from Multi-Count Lawsuit Against Commercial Equipment Leasing Company.

March 2018

In a case based on an interesting set of facts involving an alleged fraud scheme orchestrated by the plaintiff’s own CFO and an equipment company’s saleswoman, the plaintiff sued RDR LAW’s client, a commercial printer leasing company, in an effort to recoup a loss it suffered when a judgment was entered against it in another lawsuit for failure to pay for two expensive commercial printers.

The Plaintiff asserted causes of action for fraud, unjust enrichment, conversion, negligence, indemnification, contribution, and aiding and abetting tortious conduct. RDR LAW filed a motion to dismiss on behalf of its client arguing that most of the plaintiff’s claims were barred by the applicable statute of limitations and that the remaining claims also failed because the plaintiff did not and could not plead facts supporting essential prima elements of those claims. Rather than contest the motion, the plaintiff dismissed the case entirely.

RDR LAW Files Arbitration Claim and Forces Settlement of Claim Regarding Custodian’s Handling of Self-Directed IRA

Thu, 18 Jun 2020 21:21:11 GMT

RDR LAW Files Arbitration Claim and Forces Settlement of Claim Regarding Custodian’s Handling of Self-Directed IRA.

January 2018

RDR LAW’s client, an individual, had numerous real property interests held in a self-directed IRA. When he wanted to sell one of the assets, the company he hired as the custodian of those assets required him to execute certain paperwork to transfer the asset. The custodian’s actions, however, caused severe and adverse tax consequences for the client who sought to recover the loss. After in an initial demand and settlement negotiations did not resolve the matter, RDR LAW filed an arbitration claim before the American Arbitration Association and the matter was quickly resolved.

RDR LAW Negotiates Favorable Settlement After Family with Children Exposed to Asbestos and Mold

Thu, 18 Jun 2020 21:19:57 GMT

RDR LAW Negotiates Favorable Settlement After Family with Children Exposed to Asbestos and Mold.

January 2018

Not long after renting a dream home on Camelback Mountain, a young family with two small children began to smell strange odors and getting sick. Further investigation revealed the presence of toxic molds and asbestos, neither of which were disclosed by the residential landlord. The client vacated the property and gave the landlord notice of the problem. When the problem was not remedied in five (5) days as required by the Arizona Residential Landlord Tenant Act, the family terminated the lease. The family further demanded compensation for their illness, cleaning their personal property, and for the property that was lost. The landlord claimed the family owed rent for the rest of the lease. Before a lawsuit was necessary, RDR LAW successfully negotiated a settlement to resolve the matter.

RDR LAW Quickly Negotiates Settlement of Homeowner’s Dispute with Door Installation Company

Thu, 18 Jun 2020 21:19:07 GMT

RDR LAW Quickly Negotiates Settlement of Homeowner’s Dispute with Door Installation Company.

December 2017

The firm was retained by a homeowner that refused to pay for doors that did not conform to the order and were installed incorrectly. The installation company threatened suit if payment in full was not received. RDR LAW responded on the client’s behalf, raised the possibility of the homeowner’s own claims and likely result, and the dispute was quickly and favorably resolved.

RDR LAW Obtains Summary Judgment Against Commercial Landlord for Wrongful Lockout and Breach of Contract, Forcing Settlement

Thu, 18 Jun 2020 21:18:08 GMT

RDR LAW Obtains Summary Judgment Against Commercial Landlord for Wrongful Lockout and Breach of Contract, Forcing Settlement.

November 2017

RDR LAW represented an insurance brokerage company against its commercial landlord. The parties’ lease contained a rent escalation clause that the landlord had failed to implement and, after a dispute arose regarding the amount of rent owed, the landlord demanded payment and threatened to lock the tenant out of their office. The lease required five business days’ notice before any lockout, but the landlord locked out the tenant after only five calendar days (payment would have arrived in time if the lease was followed correctly). Litigation ensued regarding the commercial eviction. The client moved for summary judgment that the landlord’s lockout was wrongful and breached the lease contract. After RDR LAW argued the motion to the court, the judge agreed and granted the motion for summary judgment. The case settled favorably several weeks later.

Settles Lawsuit Against Commercial Tenant for Vacating Property Before Expiration of Lease Term

Thu, 18 Jun 2020 20:22:08 GMT

Settles Lawsuit Against Commercial Tenant for Vacating Property Before Expiration of Lease Term.

December 2017

RDR LAW represented a commercial landlord and prosecuted a case against one of their former tenants that had vacated the premises, allegedly without notice and before the expiration of the lease term. The landlord was forced to file litigation seeking unpaid rent and taxes. After RDR LAW filed an offer of judgment on behalf of its client, the case was settled on favorable terms.

Negotiates Commercial Lease with Large Real Estate Investment Trusts (REIT) on Behalf of Local Doctor.

Thu, 18 Jun 2020 20:12:32 GMT

Negotiates Commercial Lease with Large Real Estate Investment Trusts (REIT) on Behalf of Local Doctor.

October 2017

After being presented with a standard and onerous form lease by a large real estate investment trust that focuses on managing health care properties, a local doctor hired RDR LAW to negotiate concessions from the landlord. After some contentious negotiations, the parties were able to reach an agreement.

RDR LAW Negotiates Favorable Settlement on Behalf of Locked Out Corporate Tenant Assists in Obtaining Return of Personal Property Seized After Lockout.

Fri, 01 Sep 2017 07:00:00 GMT

RDR LAW Negotiates Favorable Settlement on Behalf of Locked Out Corporate Tenant Assists in Obtaining Return of Personal Property Seized After Lockout.

September 2017

After a rental dispute arose between a commercial landlord and its tenant, the landlord changed the locks and seized all of the tenant’s property – including equipment and materials necessary for the tenant to conduct their custom stone and tile fabrication business as well as confidential and proprietary information stored on the client’s computers. RDR LAW was retained to intercede in the dispute on behalf of the tenant and threatened to file a lawsuit against the landlord for various breaches of the lease and violations of Arizona law. The matter was soon resolved favorably for the client and the client received all their equipment, materials, and information that had been seized.

RDR LAW Obtains Release of Deed of Trust for Client, Allowing Her to Refinance or Sell Property

Tue, 01 Aug 2017 21:14:54 GMT

RDR LAW Challenges Default Judgment Against Arizona Limited Liability Company, Its Owner, and His Ex-Wife, Resulting in Settlement.

August 2017

Months after a default judgment was entered against a defunct sales and marketing company as well as its owner and his ex-wife personally, RDR LAW was retained to contest the legitimacy and enforceability of the default judgment. RDR LAW filed a Motion to Vacate the Default Judgment pursuant to Rule 60 of the Arizona Rules of Civil Procedure and eventually took the case on appeal to the Court of Appeals. The case was settled while the case was pending on appeal.