TheLaw Office of Barry K. Tagawa represents clients throughout San Francisco, California, and the Bay Area. Call (415) 516-1844 to arrange a free initial consultation.
BUSINESS LITIGATION
- Successfully prosecuted a case for breach of contract, negligence, fraud, and unfair and deceptive business practices on behalf of a manufacturer of memory cards against a toolmaking company and a shipper for failure to timely deliver the appropriate tools and equipment.
- Successfully prosecuted a case involving retail sales of prepaid long-distance international telephone cards against the wholesale distributor of said cards, which did not work and inaccurately accounted for minutes used on calls.
- Successfully prosecuted a case on behalf of the owner/publisher of a magazine that was acquired by a foreign corporation and its principal under the alter ego theory for breach of contract, fraud and various other business torts by taking the assets but failing to assume the current liabilities of the acquired business, breaching the terms of the Promissory Note and the Employment and Non-Compete Agreement.
- Successfully litigated actions for breach of contract and securities fraud against an investment banking firm and its former owners; pursued the former owners through their individual bankruptcies, ultimately resulting in a settlement.
- Successfully defended a corporation and its president in a jury trial against claims of breach of contract, negligence, fraud, filed by the purchaser of the business. Obtained a defense verdict, and a judgment in favor of the seller against the purchaser for attorneys' fees and costs.
- Successfully defended a foreign corporation involved in the business of selling gold jewelry and its president from claims of taking diamond merchandise without paying for the same from a California import-export company in a breach trial.
- Successfully defended a local grocery store against claims of trademark infringement, false advertising and unfair competition arising from the alleged sale of counterfeit vitamin supplement products.
CONSTRUCTION LITIGATION
- Successfully prosecuted a case for husband and wife homeowners against a licensed structural engineer, general contractor, and hardwood flooring subcontractor arising from the remodel of a basement that led to severe water intrusion problems.
- Successfully prosecuted a case for a corporation against an interior designer for breach of contract, violation of the Contractors State license Law, the Architects Practice Act, the California Penal Code, negligence, fraud, negligent misrepresentation, and unfair and deceptive business practices. Successfully defended the corporation and its managing member against a cross-complaint filed by the same interior designer.
- Successfully prosecuted a case on behalf of husband and wife homeowners against a licensed general contractor individually and his company for breach of contract, fraud, negligent misrepresentation, breach of express and implied warranty, unfair and deceptive business practices for performing work in violation of the Uniform Building Code; submitting false and inaccurate drawings and documents to the City; failing to submit required documents to the City; performing work in an untimely fashion; and lying to the homeowners about having pulled a permit and continuing to work on their premises, despite being advised by the homeowners to stop work.
- Successfully prosecuted a case on behalf of husband and wife homeowners against a licensed general contractor arising out of the remodel of a "historic" building in Alameda for various violations of the California Business & Professions Code, for performing defective work that was unprofessional and below the standard of care, for overcharging the homeowners, for failing to complete the project in a timely manner, and abandoning the project without legal excuse.
- Successfully defended a licensed general contractor against claims of breach of contract, negligence, fraud, unjust enrichment filed by homeowners arising from a home remodel project involving numerous change orders.
REAL ESTATE LITIGATION
- Successfully prosecuted a case for a real estate brokerage firm that represented the buyers of a residential investment property for unpaid commissions arising from the unilateral termination of the purchase contract by the seller, and the subsequent sale of the property by the seller to the buyers on new terms in a new escrow account.
- Successfully prosecuted a case for the purchaser of a San Francisco home against the seller and a dual agency real estate broker for fraud, negligent misrepresentation, breach of fiduciary duty, constructive fraud and unfair and deceptive business practices, where the seller misrepresented the true location of the boundaries of the back yard.
- Successfully prosecuted a case for the purchasers of a San Francisco home against the seller and a dual agency real estate broker for breach of contract, fraud, negligent misrepresentation, and unfair and deceptive business practices, where the seller concealed a cracked slab in the garage and other foundation problems from the purchase prior to the sale.
ATTORNEY LITIGATION
- Successfully represented a husband and wife and their company against their former attorney who represented them in bankruptcy and in civil commercial litigation, for breach of contract, fraud and negligence.
- Successfully represented a retired woman against her former attorney in a BASF Fee Arbitration and obtained a result where the former attorney's bill of approximately $248,039.45 in legal fees and costs was reduced to $1,000.
PERSONAL INJURY LITIGATION
- Successfully represented a construction worker who fell from the ceiling to the floor while working in a semiconductor clean room and sustained compression fractures at T12-L1-L2, disc herniation at T7-T8, right shoulder rotator cuff tear, right clavicle fracture, collapsed lung, and ligamentous injury at L1-L2-L3. Represented his wife in a loss of consortium claim.
- Successfully represented a male who was rear-ended in traffic that came to a sudden halt on the Bay Bridge by a truck, who sustained severe injuries to his lumbar spine at L5-S1 resulting in orthopedic surgery.
- Successfully represented a 61-year-old slip-and-fall victim who sustained a torn meniscus of her knee from the fall.
- Successfully represented a slip-and-fall victim who injured her knee and shoulder while entering an apartment complex when her foot caught on an unreasonably dangerous mat; represented her husband as well alleging loss of consortium.
- Successfully represented a 42-year-old woman rear-ended by an armored truck who sustained severe injuries to her cervical and lumbar spine; represented her husband as well alleging loss of consortium.
- Successfully represented a member/rigger of the International Alliance of Theatrical Stage Employees, Local 107 in an action for assault against the personal bodyguard of a famous entertainer and the bodyguard's employer for assault that occurred during a performance at the Oakland Coliseum Arena.
- Successfully represented a woman who slipped and fell in a supermarket due to liquid on the floor making the floor unreasonably slippery.
EMPLOYMENT LITIGATION
- Successfully represented a software entrepreneur whose company was acquired by a national corporation and who personally entered into a separate employment agreement with the acquiring company in an action against the acquiring company and its officers alleging breach of contract and various business torts arising out of the acquiring company's acceptance of the benefits of the acquisition and subsequent breach of the employment agreement.
- Successfully represented a City employee against the City and certain officers in an action arising out of the wrongful discipline and libel of the City employee by removal of his responsibilities and transferring him to another position in retaliation for his effectively reporting corruption in the administration of the City.
INSURANCE DISPUTES
- Successfully represented husband and wife in their claim against their homeowners insurance company for the value of the contents of their home that was destroyed in a fire.
- Successfully prosecuted a case for a general contracting business against an insurance broker and its principal arising out of the lapse of general liability insurance coverage due to the negligence of the broker.
GENERAL BUSINESS MATTERS
- Assisted various companies in starting their businesses, including, preparation of Articles of Incorporation, Bylaws, and Minutes for corporations, Operating Agreement for LLCs, partnership agreements for partnerships.
- Assisted various companies in winding down and closing their businesses, including an import-export company and an antique/collectible consignment store.
- Prepared for a computer company a form retainer/engagement agreement for use between the client and client's customers.
- Drafted an independent contractor agreement between a retail establishment and its manager.
- Assisted various retail companies in negotiating their commercial leases, including, leases at Fisherman's Wharf, the Crocker Galleria, and leases with the City and County of San Francisco.
- Prepared a Trust Agreement for the ownership, maintenance and disposition of certain real property under certain conditions.
MEDIATION AND ARBITRATION
- Mr. Tagawa has been a Mediator for the Early Settlement Program, San Francisco Superior Court since 10/23/01
- Mr. Tagawa has been an Arbitrator for the San Francisco Superior Court since 4/21/00
