News and Events

BOG Retained To Litigate Multi-Million Dollar Damage Claims Arising From Construction of Multi-Story Residential Living Complex
BOG Successfully Opposes and Defeats Class Certification of Over 200 Homeowners in Clayton, California Claiming Active Landslide Movement and $10 Million to $12 Million Dollars in Damages and Injunctive Relief.
BOG SETTLES TOXIC TORT/CONTAMINATION CASE WITH CITY San Jose partners Robert M. Bustamante and Mary Acquesta have recently successfully settled a soil contamination case with the City of San Jose. A redevelopment by the City had led to the discovery that the homeowner had been living on property since 1964 which had been the site of a City of San Jose incinerator which was heavily contaminated with toxic heavy metals. BOG successfully negotiated with the City to have a full and complete remediation of the property which included new and improved landscaping and fencing. BOG also negotiated a direct payment settlement as well as a future consideration for diminution of value which resulted in the homeowners achieving peace of mind regarding their current ownership of the property and guaranteed future compensation at the time of property transfer.

BOG SUCCESSFUL IN PURSUING SUMMARY JUDGMENT BASED ON A TEN YEAR STATUTE OF LIMITATIONS Associate Jack Lynch successfully pursued a summary judgment in Marin County Superior Court on both the ten year latent and four year patent defect/statutes of limitations. The plaintiff/homeowner's association attempted to argue that the statute of limitations was inapplicable due to the association's filing of a Calderon notice and attempted to create questions of fact for a jury. The court decided the issues as a matter of law and dismissed our client, the general contractor, from the case finding that as a matter of law, the 10 year and 4 year statutes of limitations had run and that plaintiff is barred from pursuing any claim against the general contractor.

BOG SUCCESSFULLY OPPOSES MOTION FOR SUMMARY JUDGMENT BY A GENERAL CONTRACTOR ATTEMPTING TO OBTAIN JUDGMENT BASED ON CONTRACTUAL INDEMNITY In a case venued in Alameda County, the general contractor made demands upon its subcontractor for a defense based on contractual indemnity provisions. BOG successfully opposed the Motion for Summary Adjudication based on evidentiary irregularities. The successful opposition to this motion led to an early and favorable settlement.