Hon. Patricia Collins
Representative Cases
Representative Cases
Business/Real Estate
In addition to Judge Collins’ twenty years experience on the bench, she
practiced in federal court as an Assistant United States Attorney
investigating and trying complex banking and real estate matters,
including mortgage frauds involving large mortgage pools, inflated
appraisal schemes and real estate ponzi schemes. Judge Collins tried
approximately 25 jury trials in federal court.
Judge Collins has presided over trials, resolved by substantive motion
and/or has settled matters involving alleged deceptive and usurious
multi million dollar loan financing, sophisticated commercial real
estate ventures with structured financing and various other complex
financial and real estate matters. For example, her experience includes
cases in the following areas:
Derivative Litigation, Mergers and Acquisition, Private Equity
Disputes, Venture Capital, Corporate Finance, Financial Fraud:
Dispute between corporation and former officers/shareholders for breach
of fiduciary duty, fraud and accounting related to venture capital
investment, subsequent asset sale proceeds and stock redemption rights;
Dispute re breach of contract involving stock options as partial
compensation for brokering an asset sale;
Dispute arising from sophisticated transaction involving option sale of
high-rise apartment building with multiple layers of financing, equity
funding and redevelopment permits;
Dispute between investment bankers regarding compensation;
Contract and will dispute among family members relative to ownership of
several pieces of Malibu commercial and residential properties,
including issues of refinance and asset redistribution;
Dispute following purchase of business entity and discovery of
overstated assets and misappropriation of funds;
Dispute involving multi million dollar alleged fraudulent transfer by
judgment debtor to debtor’s attorney.
Distressed Asset Transactions:
Dispute involving dispute between purchaser of distressed asset and
former owner who had avoided foreclosure through the asset sale but
subsequently claimed fraud;
Dispute involving multiple lawsuits concerning a residential foreclosure
sale, a subsequent claim of irregularities in the sale, a judgment
declaring the trustee sale void and subsequent judgment vacating the
former judgment.
Computer Technology:
Dispute between small business and computer company regarding
development of defective software, ill functioning web site, and
excessive IT costs.
General Business:
Dispute between Sears and Focus Media concerning advertising
advancements and cross claim for unfair competition;
Dispute between wholesaler and overseas clothing manufacturer relative
to contract specifications and defective goods;
Dispute between parties to consignment agreement re liability for fire
damage to goods;
Dispute between homeowner and film producer for damage to home during
filming;
Dispute involving construction defect in installation of security and
audio visual systems;
Dispute breach of contract dispute between producer and writer/director
regarding the financing of a film;
Dispute between Producers and Executive Producers regarding unpaid
compensation and film credits.
Partnership Dissolutions:
Various disputes including real estate partnership, law partnership and
online marketing partnership, including claims of waste and self dealing
with causes of action for dissolution, accounting and partition.
Trade Secrets
Various disputes involving trade secrets, violation of noncompete
clauses and unfair business practices, relative to businesses such as
talent agencies, advertising, maintenance services, wholesale food
distributors, insurance, and satellite towers.
Real Estate Development and Land Use
Litigation arising from a sophisticated transaction involving option
sale of high-rise apartment building with multiple layers of financing,
equity funding and redevelopment permits;
Dispute between shopping center developers and lessee regarding
limitations on “buildable” land;
Dispute between developer and prospective tenant involving construction
delays, issues of force majeur, delays in City building approvals and
lease repudiation;
Purchase of commercial building related to dispute over
misrepresentations of square footage and tenant leases;
Dispute between land owner and architect alleging professional
negligence resulted in excessive delays and loss of development permits
creating financial distress and jeopardizing owner’s ability to maintain
financing;
Litigation between developer and City over delays in soliciting
information and producing Environmental Impact Report;
Dispute between developer’s heirs and hard money lenders involving
allegations of usurious rates and undisclosed financing terms in defense
of lender’s attempts to foreclose;
Dispute between investment partners and developer regarding the delayed
development of apartment units (delays in permitting and construction
financing) rendering the project a financial loss.
Commercial Leasing
Dispute involving interpretation of landlord’s agreement to install
signage;
Dispute involving lease repudiation triggered by nature and character of
adjoining tenants;
Dispute involving tenant’s continuing right to possession of premises
and ability to operate business during new building owner’s renovation;
Numerous unlawful detainer matters.
Real Estate Sales
Dispute between buyer, seller and termite inspection company following
sale of multi unit apartment building with termite infestation;
Dispute between foreign sovereign and local municipality re whether the
municipality could assess a transfer tax upon the sale of the
sovereign’s property in the US;
Numerous matters related to the sale of real property involving fraud,
non disclosures and easement issues.
Home Owners Associations
Numerous HOA actions, including dispute over rights to roof, property
water damage from defective decks and windows, personal injury from
mold, suits for ineffective or delayed handing of earthquake repair,
dispute over dogs, disputes over parking;
Defamation action by HOA against unit owner related to alleged
defamatory statements published on website.
Distressed Asset Transactions
Dispute involving purchaser of distressed asset and former owner who had
avoided foreclosure through the asset sale but subsequently claimed
fraud;
Dispute involving multiple lawsuits concerning a residential foreclosure
sale, a subsequent claim of irregularities in the sale, a judgment
declaring the trustee sale void and subsequent judgment vacating the
former judgment.
Trespass, Nuisance, Views and Easements
Trespass cases involving tree trimming and encroaching structures;
Numerous nuisance actions, including for example, neighbor disputes,
tavern noise, tree damage, flooding, drainage, soil erosion,
construction noise and debris, and damage to lateral support;
Numerous view and easement disputes, including multi party easement
dispute re access to satellite towers on mountain top in Malibu, sewer
easements, access easements, and various encroachment disputes.
IP/Entertainment
Dispute between playwright and producer regarding royalties from the
production of a Broadway musical;
Dispute re trademark infringement and theft of trade secrets regarding
Disney designs;
Dispute re breach of contract between film producers and distributors
over the delivery and quality of the master and the good faith efforts
to distribute the film;
Dispute over ownership rights to the film Easy Rider;
Dispute over film credits among parties to joint venture to produce a
film;
Dispute over rights to use of Peggy Lee name and image;
Dispute re royalty and production rights to animated motion picture and
comic book character;
Dispute between producer and writer/director regarding the financing of
a film;
Constructive termination and breach of employment contract by Division
President running film production equipment business;
Dispute between Producers and Executive Producers regarding unpaid
compensation and film credits.
Defamation
Presided over numerous defamation lawsuits, including various celebrity
cases (e.g., Arnold Schwarzenegger, Steven Bing).
Personal Injury
Judge Collins has presided over trial and settled scores of personal
injury lawsuits including slip & fall; motor vehicle accidents involving
automobiles, buses, motorcycles, bicyclists; dogs, cats and spider
bites; and bar and restaurant fights.
Judge Collins has also presided over trials, litigation and settlement
conferences involving the following unique subject matters:
Complex Regional Pain Syndrome (CRPS, or also known as Reflex
Sympathetic Dystrophy, RSD) allegedly arising from injuries sustained in
motor vehicle accidents and slip and falls;
Wrongful death claims arising from gang shooting at Moose Lodge during a
party;
Third party liability for sexual assaults, including complex law and
motion issues involving question of dangerous condition arising from
rape in an elevator on Regents property; contractor liability for rape
following installation of defective lock; landlord liability for rape
arising from defective windows; alleged sexual assault of nanny by
employer husband.
Government Tort Claims
Judge Collins has presided over matters involving alleged dangerous
conditions on government property, including for example:
drive test area at DMV;
new construction at UCLA;
traffic diversion on PCH;
negligence in handling police dog;
faulty courtroom seating.
Judge Collins has also presided over motions regarding liability of law
enforcement agency for fatality resulting from a police chase.
Asbestos/Toxic Torts
While assigned to Central Civil West, Judge Collins presided over a
lengthy jury trial regarding complex asbestos litigation involving
alleged property damage to commercial high-rise building. She has also
presided over numerous cases involving allegations of personal injury
resulting from exposure to mold and other toxins.
Professional Malpractice
Judge Collins has presided over trial, litigation and/or settled
numerous medical and dental malpractice, legal malpractice, architect
malpractice and construction defect cases. The following matters have
been before Judge Collins.
Medical and Dental
Alleged missed compartment syndrome resulting in amputation;
Sponge left in patient;
Wrongful life where tubal ligation not effective;
Failed breast reconstruction of cancer patient;
Patients who fell from beds and chairs;
Defective dental crowns;
Defective breast implants;
Improper liposuction;
Defective penile implants;
Various failures to diagnose;
Wrongful death arising from escape from mental facility.
Legal Malpractice
Judge Collins has also presided over and/or settled numerous legal
malpractice actions involving failure to hire proper experts,
investigate claims, and file appropriate motions.
Architect Malpractice
Judge Collins’ trial experience includes claims of architect malpractice
involving allegations that plans did not properly anticipate grading and
included oversized windows resulting in excessive heat.
Construction Defect
Judge Collins has also handled dozens of construction defect matters
including roofs, windows, foundations, paint, plumbing, and audio
visual, among others.
Judge Collins has presided over trial or arbitration, and/or settled
numerous wrongful termination and constructive discharge cases, for
example:
Wrongful termination involving bank officer;
Constructive termination, hostile work environment and retaliation
regarding City of Santa Monica employee;
Wrongful termination of in house counsel employed by Michael Jackson;
Wrongful termination by Hilton related to reorganization;
Wrongful termination of professor by university based on religious
discrimination;
Wrongful termination and slander of residential house manager;
Wrongful termination/breach of consulting agreement between buyer and
seller of bar supply business;
Constructive termination and breach of employment contract by Division
President running film production equipment business.
Insurance
Complex D & O coverage for underlying lawsuit involving allegations of
wrongful termination and breach of contract following company merger;
Insurance coverage for construction defect litigation and duty to defend
and pay for cumis counsel;
Numerous insurance coverage cases involving landslides, water erosion
and earth movement;
Insurance coverage issues involving condominium owners, HOA and former
owners relative to damage to common areas;
Insurance coverage issues regarding fire during construction and
exclusion for existing structures.
Palimony
Judge Collins has presided over trial, settled and otherwise handled
various cases involving Marvin issues, including same sex couples, as
well as high profile palimony cases such as Kirk Kerkorian and Oscar de
la Hoya.
This page was last modified in September 2009
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