Firm News

Matthew B. Butler announces candidacy for San Diego County Bar Association Board of Directors - 2011

Click here to read more about what Mr. Butler Would Bring to the SDCBA Board.

Craig Nicholas and Alex Tomasevic obtain $1.8 million settlement during trial of an insurance bad faith action in Orange County, California in July 2010.

During the litigation, Mr. Nicholas and Mr. Tomasevic obtained a California Court of Appeal decision supporting their theories of liability and vindicating the rights of the insured.

Matthew Butler achieves AV® Preeminent™ rating by Martindale-Hubbell®.

Matthew Butler achieves AV® Preeminent™ rating by Martindale-Hubbell® - a well known and well respected authoritative resource for information on the worldwide legal profession. The Martindale-Hubbell® Peer Review Ratings™ help buyers of legal services identify, evaluate and select the most appropriate lawyer for a specific task at hand. Lawyer Ratings serve as an objective indicator that a lawyer has the highest ethical standards and professional ability and are used by buyers of legal services to justify their hiring decisions. The AV® Preeminent™ rating is the highest a lawyer can achieve and according to the Martindale-Hubbell® website, Matt's AV® Preeminent™ rating "is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."

AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Craig Nicholas and Alex Tomasevic Defeat Multi-Million Dollar International Lawsuit in Federal Court.

In May 20009, Craig Nicholas and Alex Tomasevic defeated a multi-million dollar international lawsuit brought by a trans-national corporation against a Japanese company. The lawsuit was heavily litigated, included a deposition in Japan, thousands of pages of written discovery and more than 1,000 pages of briefing to the United States District Court for the Southern District of California. Nicholas & Butler LLP defeated able co-plaintiff's counsel based in New York and Los Angeles and is currently seeking to recover the attorneys' fees incurred by the firm's client to defend the lawsuit.

The employer is one of the top 100 government contractors in America and has worldwide operations. It is the second largest company in the United States in its industry, with operations in at least 40 states and 20 countries.

Craig Nicholas and Matthew Butler selected as Fellows to the Litigation Counsel of America Trial Lawyer Honorary Society.

In April 2009, Craig Nicholas and Matthew Butler were selected as Fellows to the Litigation Counsel of America Trial Lawyer Honorary Society. The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.

Matthew Butler and Tia Waddell Obtain Class Certification For More Than 400 Employees.

Matthew Butler and Tia Waddell obtain class certification for more than 400 employees (estimated) at one facility for alleged violations of California wage and hour laws from 2003 to the present. A California State Judge certified a class of individuals who assert that the employer failed to pay overtime according to California law, and a class of individuals who assert that the employer failed to provide meal periods and rest periods (or premium pay) in accordance with California law.

The employer is one of the top 100 government contractors in America and has worldwide operations. It is the second largest company in the United States in its industry, with operations in at least 40 states and 20 countries.

Nicholas & Butler LLP has teamed up with co-counsel Marks, Golia & Finch LLP on the matter. The firms are seeking discovery on whether the employer's alleged practices are statewide.

Matthew Butler, Russell Gibson & Tia Waddell Secure Settlement for Homeowners

Matthew Butler, Russell Gibson, and Tia Waddell secure more than $500,000 in settlement for the owners of a single-family home in a dispute with a general contractor, contractor referral company, and subcontractors. The parties and terms of the settlement remain confidential. The matter involved allegations of misrepresentations in the bidding process, illegal collection of downpayments and progress payments, and construction defect. The contract price for the remodel construction was originally $417,000.

Matthew Butler and Tia Waddell Successfully Obtain Interim Arbitration Award on Breach of Employment Contract Case.

In December 2005, Charlie Giametta accepted an offer of employment from Bakbone Software, Inc. as the Vice President of North American Sales. A portion of his compensation package was based upon the sales of the company in North America. Charlie was terminated in March 2007 without explanation. On the day of his termination, Bakbone failed to pay Mr. Giametta the commissions and other compensation he was owed. After post-termination negotiations were fruitless, Mr. Giametta filed suit against Bakbone in San Diego Superior Court. The parties stipulated to binding arbitration pursuant to the terms of the employment contract. After 4 days of arbitration, the arbitrator issued an interim award of more than $170,000, plus interest (from June 2007 forward), attorneys fees, and costs. Bakbone will receive an offset based upon three months of base salary paid to Mr. Giametta in severance pay, leaving Mr. Giametta's net award in excess of $125,000 plus attorneys fees, costs and interest. Prior to arbitration, Bakbone issued a statutory offer to compromise to Giametta of $62,459.01, inclusive of attorneys fees and costs.

View Interim Arbitration Award (1.5 MB)

Nicholas & Butler Welcome New Associate, Jeffrey D. Montez

Nicholas & Butler is proud to announce the addition of associate Jeffrey D. Montez. Mr. Montez received his Juris Doctor in 2008 from Loyola Law School, Los Angeles. While in law school, Mr. Montez was the Editor-in-Chief of the Loyola of Los Angeles International and Comparative Law Review. He was a 2008 recipient of the Otto Kaus Award for outstanding achievement in legal research, writing and editing. He earned his B.A. in History from Yale University in New Haven, Connecticut in 2002. At Yale, Mr. Montez was president of the Jonathan Edwards College Council, sports director of WYBC radio and was a staff writer and columnist at the Yale Daily News. He was the recipient of a Richter Summer Fellowship for his study of the suburbanization of Long Island, New York in the 1960s and the development of Shea Stadium. Mr. Montez will be handling all aspects of civil litigation, including business litigation, construction litigation, and consumer class actions. Watch for Mr. Montez' full biography soon.

Matthew Butler and Russell Gibson obtain $15,000 sanction award against Target.com for discovery abuses in class action litigation.

Matthew Butler and Russell Gibson obtain $15,000 sanction award against Target.com for discovery abuses in Class Action for false advertising of products as "Made in the USA" when in fact the products were made in China, Taiwan, and other countries overseas. Target.com was ordered to respond to 38 written discovery requests which it refused to adequately respond to for over 6 months.

Click here to view the complaint for this case.

Craig Nicholas and Tia Waddell Win Wage/Hour Overtime Compensation Trial.

One of the most prominent issues in California employment law is whether certain employees are exempt from receiving overtime pay. Craig Nicholas and Tia Waddell defended a San Diego company against a claim by a computer network engineer that he was misclassified as an exempt employee. The employee sought overtime compensation in excess of $150,000 and attorneys' fees. Prior to trial, Nicholas & Butler LLP obtained a dismissal of the wrongful termination and discrimination claims brought by the employee on a successful motion for summary adjudication. At trial, Craig Nicholas and Tia Waddell argued that the employee could not recover overtime pay based on the administrative and computer software employee exemptions. After several days of trial and testimony by many witnesses in July 2008, the court returned a decision in favor of the company, finding the employee exempt from overtime compensation under both the administrative and computer software employee exemptions.

U.S. Supreme Court denies certification of class action ban, vindicating consumer rights.

The U.S. Supreme Court recently denied a writ of certiorari filed by two cell phone companies in a consumer class action case filed by Nicholas & Butler LLP. The cell phone companies sought to have the Court validate a class action waiver in an arbitration provision contained in their terms of service. Nicholas & Butler LLP and co-counsel Hulett, Harper, Stewart LLP successfully argued in the United States District Court for the Southern District and in the Ninth Circuit Court of Appeal that the provisions were unconscionable under California law.

Matthew Butler obtains settlement in excess of $700,000 for California contractor.

Matthew Butler recently obtained a settlement in excess of $700,000 on behalf of a California contractor against its insurance company for bad faith refusal to provide a defense of a lawsuit and refusal to cover a claim. Mr. Butler obtained the settlement after attempting to resolve the matter informally, filing a lawsuit against the insurance company and litigating for more than a year. The specific terms of the settlement and names of the parties are confidential.

Matthew Butler appointed as Administrative Director for the ABA's Young Lawyers Division.

Matthew Butler has been appointed by Elizabeth Acee, chair of the ABA Young Lawyers Division, to the position of Administrative Director for the bar year August 2008 to August 2009. As administrative director, Mr. Butler will oversee the YLD's 34 district representatives and national representatives and the disaster legal services director (coordinating between FEMA, the disaster legal services director, and the district representatives). Mr. Butler will also be responsible for chairing all the division?s council meetings and facilitating implementation of the division?s public and member service projects.

Craig Nicholas and Alex Tomasevic obtain dismissal of $6 million lawsuit in federal court.

In March 2007, SSL Americas, Inc. ("SSL") sued Mizuho Medy Co. Ltd., ("Mizuho") a Japanese corporation, for breach of contract and other causes of action alleging that Mizuho is the alter ego of its subsidiary Mizuho U.S.A., based in Poway, California. SSL sought in excess of $6 million in compensation and additional punitive damages against Mizuho. The parties conducted jurisdictional discovery for a year and participated in a 90-minute oral argument on February 22, 2008. On March 24, 2008, the United States District Court for the Southern District of California dismissed the lawsuit based on the absence of personal jurisdiction.

Matthew Butler wins arbitration, successfully defending real estate seller from claims of fraud.

The claimant alleged that the seller of an investment property with two rental buildings failed to disclose certain conditions in the property, including dry rot conditions and water intrusion; and misrepresented the condition of the roofs and the extent of certain upgrades the seller had undertaken. The arbitrator found that the claimant failed to present any evidence that the value of the property received was less than what had been agreed. In fact, the seller substantially increased the rental value of the property with the work he had performed, and secured renters for the claimant at the substantially higher rental value. The arbitrator awarded the seller Nicholas & Butler's attorneys fees and costs.

Matthew Butler reelected to the State Bar Board of Governors.

The California Young Lawyers Association has reelected Matthew Butler to a second one-year term as their representative to the State Bar Board of Governors.

Matthew Butler appointed to be a director of the American Bar Association Young Lawyers' Division.

Justin Goldstein, incoming chair of the young lawyer division, appointed Matthew Butler to be a Committee Director, overseeing the advocacy supergroup of committees within the Young Lawyers' Division.

Craig Nicholas and Matthew Butler Win Three-Week Jury Trial In San Diego

The Upper Deck Company, LLC employed a house manager and terminated her employment for poor performance. The employee alleged wrongful termination, misrepresentations inducing change of residence and unlawful business practices. She alleged her on-the-job accident on January 5, 2005 and her expressed intent to file a worker’s compensation claim triggered her termination. She also alleged that Upper Deck lured her to San Diego for the job, promising her “long-term” employment until she retired, and failed to reimburse her certain expenses she contends she incurred on the company’s behalf. She alleged that these acts constitute unfair and unlawful business practices. The Companies disputed these claims. At the end of the third week of trial in the San Diego Superior Court, North County Division, the jury returned a defense verdict in favor of Upper Deck.

Matthew Butler Elected to the State Bar of California Board of Governors

In August, 2006 the California Young Lawyers Association (CYLA) elected Matthew Butler of Nicholas & Butler LLP as their representative to the State Bar of California Board of Governors. Mr. Butler’s term will run from October 2006 to October 2007, during which time he will sit as a voting member of the board.

The Board of Governors governs the State Bar of California and is comprised of 23 voting members. The members of the State Bar directly elect 15 lawyers to be on the board while a 16th lawyer is elected by the CYLA. The Board of Governors elects a sitting governor to be the president, and the remaining governors are public members - four appointed by California's governor, one by the state Senate Committee on Rules and one by the Speaker of the Assembly.

Craig Nicholas Wins Trial in Orange County

In July 2006, Craig Nicholas prevailed at trial in Orange County Superior Court. Mr. Nicholas defended a yacht broker sued for claims of negligence and breach of fiduciary duty. The plaintiff recovered no damages at trial. An award of costs in favor of the broker is currently pending before the court.

Matthew Butler Secures $525,000 Settlement for Homeowners After 7 Days of Trial

In April, 2006, Matthew Butler was lead counsel in a jury trial representing homeowners against a contractor they hired to remodel their home in the Bay Park neighborhood of San Diego. Judge Frederick Link presided over the trial.

The defendant contractor demolished the entire second floor of the property despite the fact that the plans did not call for a single square foot to be demolished. He then failed to take any action to cover the property, leaving it exposed to the weather for more than nine months. In October, 2004, five inches of rain fell in the San Diego area. Because there was no protection from the weather, the home became a swimming pool. The flood ruined all of the remaining structure and personal belongings that were stored within the house.

Defendant also failed to maintain his license with the Contractors State Licensing Board by hiring unlicensed contractors and failing to maintain workers compensation insurance as required by law. He took $15,000 as a down-payment in violation of California licensing statutes. Finally, he fraudulently induced the homeowners to pay progress payments prematurely, and performed concrete and framing work far below the standard of care.

As a result of the water damage and construction defects, the homeowners hired another contractor to finish the job, who charged approximately $431,000. The homeowners had additional damages such as relocation expenses and statutory damages for licensing violations.

During the course of litigation, Mr. Butler was able to obtain a pre-judgment writ of attachment to the contractor’s home, securing the equity in the property to satisfy the imminent judgment. Mr. Butler also won motions to compel discovery from the contractor, including information related to a dispute that arose between the contractor and his liability insurance carrier during the course of litigation.

Mr. Butler was able to secure a settlement of $525,000 after seven days of trial, and just prior to closing arguments. The defendant and his insurance company paid the settlement in full.

Matthew Butler Appointed to Head Young Lawyers Division Committee

In June, 2006, Jay Ray, the chair of the ABA Young Lawyers Division (“YLD”) for bar year 2006-2007, appointed Matthew Butler to be the committee chair for the General Practice/Solo Committee of the YLD. Mr. Butler will hold two other positions with the YLD in bar year 2006-2007, as the district representative to Southern California – acting as the liason between local bar young lawyer associations and the ABA and as an Assistant Counsel Coordinator – supervising other district representatives.

Mr. Butler is also a member of the General Practice/Solo Division of the ABA. He maintains a position as the District 9 representative to the California Young Lawyers Division as well.

Craig Nicholas Obtains $200,000 Judgment

On behalf of The Upper Deck Company, LLC, Craig Nicholas obtained from the San Diego Superior Court a judgment in excess of $200,000, based on the defendant’s sale of counterfeit Yu-Gi-Oh! products – the most popular trading card game in the world.

Craig Nicholas prevails at arbitration in Los Angeles

In November 2005, Craig Nicholas prevailed at a multi-day arbitration in Los Angeles. Mr. Nicholas defended a seller of property accused of fraud and misrepresentation. The arbitration victory occurred after four years of litigation. Mr. Nicholas’ client recovered attorneys’ fees and costs incurred in the dispute