At Schwerdtfeger & COUGHLIN, we feel that the best measure of how well we do our job is our clients' successes. The following are but a few of our litigation victories.

Multifamily Residential Construction Delay and Fraud Litigation (2023)

Schwerdtfeger & Coughlin defended a multifamily residential contractor against financial fraud and construction defect claims, as well as prosecuted their client’s cross-complaint for delay damages and unpaid change orders. The developer alleged that the general contractor committed financial fraud, delayed the completion of construction, and performed defective work causing $4+ million in damages. Schwerdtfeger & Coughlin prosecuted a cross-complaint against the developer for delay damages and unpaid change order work performed. Following a 5 week jury trial, the jury returned a complete defense verdict against the general contractor and awarded the general contractor over $1 million in damages. The Court subsequently awarded our general contractor client significant attorney fees.

Shared Equity Note Litigation (2023)

Schwerdtfeger & Coughlin defended a real estate limited partnership against an investor’s claims of unpaid shared equity interest on a significant real estate transaction, as well as prosecuted a cross-complaint against the investor for overpayments received from the limited partnership. The litigation proceeded to a bifurcated trial. Our client prevailed in the bifurcated trial, following which the investor settled the litigation by paying our client rather than proceed with the second phase of the trial.

Military Construction Defect Federal Litigation (2019)
Schwerdtfeger Law Group defended a federal inspector subcontractor against construction defect claims alleged by the general contractor on a federal military construction project. Schwerdtfeger Law Group also prosecuted their client’s cross-claim for nonpayment under the federal Miller Act. The general contractor alleged construction defect damages in excess of $2 million and denied liability for $140 thousand in services rendered by our client. After two weeks of jury trial and before reading jury instructions, the district court partially granted Schwerdtfeger Law Group’s motion for judgment as a matter of law, substantially limiting the potential liability of our client. In open court, the general contractor offered to settle the claims, ultimately agreeing to: (i) dismiss its claim with prejudice and without payment; and (ii) pay the entire amount claimed by our client for services rendered on the project.

Summary Judgment Appeal (2019)
Schwerdtfeger Law Group was retained by plaintiffs to appeal the trial court’s entry of summary judgment against them on their inverse condemnation and tort claims against the City of San Diego arising out of flooding and water erosion damage caused by a storm drain system maintained by the City. After full appellate briefing and oral argument, the Fourth District Court of Appeal vacated the entry of summary judgment and remanded the case for trial. Schwerdtfeger Law Group is currently representing the plaintiffs in settlement negotiations with the City.

Architectural Malpractice and Construction Defect Litigation (2017)
Schwerdtfeger Law Group defended four defendants in an architectual malpractice and construction defect case involving a high end, custome residence in La Jolla, CA. One of the firm’s clients had designed and procured coastal development and building permits for a high-end, custome residence. Said client additionally served as the builder of the high-end custome residence. Plaintiffs’ alleged damages and costs in excess of $6 million arising from the design and construction of the residence. Plaintiffs sued the design/builder plus multiple related persons and entities. Schwerdtfeger Law Group defended all said defendants at jury trial. Following a three-week jury trial, the jury returned a verdict exonerating three (3) of the four (4) defendants of all claims and returned a verdict against one defendant for $341,000. Plaintiffs had rejected pretrial settlement offers between $1.2-$1.6 million. Following extensive post-verdict litigation, an appeal was taken, and the litigation currently remains on appeal.

Insurance Coverage and Bad Faith Litigation (2017)
Schwerdtfeger Law Group defended, as special trial counsel, insurance carrier against the City of San Diego and its insurance carriers who paid portions of a $100+ million loss incurred by the City of San Diego in connection with the closure of the De Anza Mobile Home Park. The litigation had been previously defended for approximately 4.5 years by carrier retained counsel prior to retention of Schwerdtfeger Law Group for trial. Pre-trial settlement demands exceeded $21 million. The litigation was resolved two (2) weeks into a jury trial for less than a 1/3 of pretrial settlement demands. 

Construction Defect and Fraud Litigation (2014-2019)
Full Defense Verdict and Prevailed on Appeal            

Schwerdtfeger Law Group was retained to replace defense counsel and conduct an eight (8) week jury trial on a $4.5 million construction defect and fraud trial arising out of the construction of a custom, high-end residence in Coronado, CA. The trial also icluded a cross-complaint by firm’s client for unpaid construction services rendered. Following an eight (8) week trial, the jury returned a defense verdict, including awarding zero (0) damages for all construction defect claims in contract. In post-verdict litigation, the trial court changed the jury’s zero ($0) damage award to a positive award. An appeal and cross-appeal ensured with the Court of Appeal reversing the trial court’s awarding any damages to Plaintiff in contract. The case was returned to the trial court on remittitur at which point a judgment in favor of firm’s clients was entered.

Real Estate Easement Dispute (2012)
Obtained $400,000.00 Judgment Including Recovery of Attorneys' Fees and Costs

Schwerdtfeger Law Group represented the owner of two parcels of land totaling forty acres in a property dispute case against a neighboring property owner.  The neighbor had wrongfully prevented the firm’s client from using an access easement that the client owned over the neighbor’s property, which prevented the firm’s client from reaching his property and also devalued the property. Following a three week trial, a jury found that the defendant's conduct toward the firm's client was so extreme and outrageous that it awarded the firm's client emotional distress damages in addition to monetary damages to compensate the client for the diminution in the value of his property. 

Real Estate Fraud (2011)
Full Defense Verdict of $1.5 Million Dollar Claim and Recovery of Attorneys' Fees

Schwerdtfeger Law Group represented an individual who had sold a piece of commercial property subject to an existing lease.  The purchaser subsequently evicted the leasee due to its inability to pay its rent, and later sold the property for a loss. The purchaser then sued the brokers that assisted him in the purchase, the appraiser, and the seller.  The purchaser settled with all parties but the seller, who he alleged knew about the leasee’s financial difficulties and had fraudulently misrepresented the status of the lease and the value of the property, and was seeking $1.5 million dollars plus punitive damages from the seller.  After a three week jury trial, the jury returned with a full defense verdict, and the court awarded the seller his attorneys’ fees.

Collections and Professional Malpractice (2011)
Full Defense Verdict of $1 Million Dollar Claim and Recovery of Unpaid Fees for Client   

Schwerdtfeger Law Group represented a full-service engineering firm that provided engineering design services in connection with the development of a residential subdivision.  After the engineering firm sued to recover unpaid fees that the developer owed, the developer filed its own lawsuit alleging that the engineering firm had been negligent and sought to recover $1 million dollars.  Following a bench trial, the judge returned a verdict in favor of the engineering firm as to both claims and awarded the engineering firm the unpaid fees that were owed for the services that it had rendered.

Real Estate Fraud and Homeowners’ Association Misconduct (2010)
Full Defense Verdict and Recovery of Attorneys' Fees

The owner of a home located in a newly constructed high-end residential subdivision filed a lawsuit alleging that the size of a neighboring lot had been expanded in violation of the subdivision’s CC&Rs.   They sued the seller, the owner of a neighboring but unimproved lot and the architectural control committee of the subdivision seeking monetary damages and to have the neighbor’s lot reduced in size in order to maximize their own view.  Schwerdtfeger Law Group represented all defendants and won a complete defense jury verdict, as well as an award of attorneys’ fees.

Real Estate Malpractice and Fraud  (2010)
Full Defense Verdict 

Schwerdtfeger Law Group defended a real estate agent in a real estate fraud and malpractice lawsuit brought by a former client.  The real estate agent had represented both the buyer and seller in a residential real estate transaction.  The buyer alleged that the agent had failed to disclose material facts related to the expansion of a neighboring plot of land.  Following a jury trial, Schwerdtfeger Law Group won a complete defense verdict.

Environmental Contamination and Professional Malpractice (2010)
Full Defense Verdict of $2 Million Dollar Claim and Recovery of Attorneys' Fees

Schwerdtfeger Law Group defended an environmental engineering firm in a malpractice lawsuit brought by a former client.  The engineering firm had prepared a written report for a prospective purchaser of contaminated real property that detailed the nature of the site’s contamination.  The purchaser then sued the engineering firm, alleging that they had not been informed as to the true condition of the property and the cost that they would incur in remediating the contamination.  Schwerdtfeger Law Group obtained a defense jury verdict and an award of attorneys’ fees for its client.

Construction Defect and Professional Malpractice (2009)
Full Defense Verdict of $5.1 million dollar claim            

Schwerdtfeger Law Group won at trial and obtained a full defense verdict for a geotechnical engineering firm in a case involving water intrusion into the underground commercial self storage buildings of a newly constructed self storage facility.  The firm’s client had reviewed and certified earlier soils reports that had been prepared by another firm. The plaintiff had settled with all other defendants, including the general contractor and the construction firm, for $2.2 million and was seeking $5.1 million dollars from the firm’s client.