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Class Action

  • $1,000,000 SETTLEMENT, Reyes v. Wells Fargo, U.S. District Court, Northern District of California. Pivtorak Law Firm served as co-lead counsel representing California homeowners in a class action lawsuit which resulted in a settlement of $1,000,000, including attorney fees. The lawsuit alleged that Wells Fargo sent defaulted borrowers a deceptive forbearance agreement which promised them a loan modification if they made three monthly trial payments under the program. Instead, many borrowers allegedly never received a loan modification and had their homes foreclosed.

Personal Injury

Car Accident

  • $196,508 VERDICT, jury trial, Johnson v. Guittard Chocolate Co., Alameda County Superior Court. Auto vs. truck case with disputed liability and damages. David Pivtorak represented a professional saxophone player who was injured after being rear-ended by an 18-wheeler tractor-trailer in a multi-vehicle collision on I-80 near Berkeley, CA. Plaintiff sustained injuries to his upper back and leg, limiting his ability to work. The defendants and their insurance company refused to take any responsibility for the injuries they inflicted on our client for two years, forcing us to take the case to trial. During the trial, the defendant truck driver made the preposterous claim that our client cut across several lanes to cut him off - during heavy, bumper-to-bumper morning traffic! The driver's corporate employer also tried to avoid responsibility by claiming the driver was an independent contractor and not an employee. The jury saw through all these defenses and allowed our client to recover damages of $196,508. Defendant's last offer before trial was $40,000. 
  • $100,000 SETTLEMENT, Concord motor vehicle accident. Plaintiff sustained lower back injuries after being rear-ended at a traffic light in Concord, CA. Plaintiff suffered a herniated disc in his lower back and subsequent spinal stenosis as a result of the accident. He also began experiencing numbness in his lower extremities after sitting for long period. The negligent motorist's insurance company settled the case for the $100,000.00 policy limits. Names are confidential as a condition of the settlement.
  • $100,000 SETTLEMENT, Los Angeles car accident. Plaintiff, a school teacher, was rear-ended while returning home from his place of employment. He was asymptomatic immediately after the accident but began experiencing pain in both his wrists shortly thereafter. Plaintiff underwent MRI's of both wrists which revealed bilateral tears of the triangular fibrocartilage complex ("TFCC") in his wrists, causing Plaintiff to undergo arthroscopic wrist surgery. Names are confidential as a condition of the settlement.
  • $24,000 SETTLEMENT for personal injuries sustained in a rear-end car accident in Oakland. Our client, a passenger in the vehicle, immediately began experiencing back pain and headaches. Consequently, she was unable to continue her full time employment as a musician for nearly a month. The claim was settled after several weeks without a lawsuit being filed. 
  • Policy Limits SETTLEMENT, Richmond car accident. Our client, who was driving home from the Hilltop Mall was hit by another vehicle making an allegedly illegal left-hand turn. The airbags in our client's car deployed, causing a fracture in her hand as well as neck and back pain from the force of the collision. She was unable to return to her job as a CNA and was forced to follow a different career path. The case was settled shortly after the lawsuit was filed.

Products Liability

  • $468,750 SETTLEMENT, San Francisco bicycle accident. David Pivtorak served as associated counsel representing avid bicyclist who suffered severe injuries after a bolt on his bicycle stem fractured, causing him to lose control of his bicycle and fall face-first into the pavement. Plaintiff spent six days in the emergency room with broken vertebrae, a fractured jaw, broken nose, and other injuries. Plaintiff alleged that his bicycle stem was defectively manufactured due to bolts that were insufficiently strong to withstand normal use.

 Mortgage Litigation/Loan Modification

  • Loan Modification & $82,000 2nd Loan Reduction, San Ramon loan modification. Our clients' family home was at risk of being foreclosed on after a drastic fall in the home's value after the mortgage meltdown. The home was almost $150,000 underwater when our firm was retained. We were able to negotiate a settlement with our clients' mortgage lenders to reduce the interest rate on the first mortgage from 6.25% to 4% through a step-rate loan modification. We also negotiated a principal reduction with the second mortgage lender to reduce the loan by $82,000.     
  • Interest Rate Reduction, Oakland loan modification. After unsuccessfully trying to negotiate a loan modification with their lender, our clients retained our firm when their Oakland condo was under threat of foreclosure. We were able to stop the sale date and obtain a step-rate loan modification for our clients that lowered the interest rate from 6.5% to 3.875 for the first five years and capped out 5.125%.
  • $40,000 Loan Reduction, SETTLEMENT. Our clients, retired school teachers who owned a home in Oakland, were induced into refinancing into a negative amortization home loan by a lender that had gone out of business after the real estate collapse. Our firm filed a lawsuit in federal court against the current owner of the loan as well as the loan broker alleging lending fraud and demanding a rescission of the loan under the Truth in Lending Act for failing to provide the required disclosures during the creation of the loan. The bank agreed to settle the case and reduce the principal loan balance by $40,000. Names are confidential as a condition of the settlement.    
  • Loan Modification, SETTLEMENT. After filing a lawsuit against servicer Ocwen under the California Homeowner Bill of Rights, our client received a loan modification that allowed her to make affordable payments and avoid the foreclosure of her home. The home, located in Belmont, was set for a foreclosure auction after our client's negative amortization loan made it impossible for her to continue payments. Subsequently, we stepped in and filed an action to prevent the sale alleging that our client's servicer improperly handled her multiple requests for a loan modification in violation of the Homeowner Bill of Rights. The matter was resolved after Ocwen offered our client a loan modification that allowed her to stay in her home.

PLEASE NOTE: These results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.