Insights
Firm News

Farella Braun + Martel Secures Long-Awaited Victory for 91-Year-Old Pro Bono Client

August 30, 2011 Announcement

SAN FRANCISCO, August 30, 2011 - Farella Braun +Martel’s John Martel secured a long-awaited victory on behalf of pro bono client Mamie Teixeira in a case involving fraud, intentional infliction of emotional distress and financial elder abuse.

Mamie Teixeira, 91, depended, for more than half her income, on an annuity payment from a Lifetime Annuity Agreement she made in 2001 with the defendant, Dwayne A. Cardoza.  In 2009, Cardoza notified her that, notwithstanding the apparent terms of the agreement, he had fulfilled his obligations and would stop making payments in 2010.  Teixeira, brought the matter to the Santa Cruz office of Senior Citizens Legal Services (SCLS – http://seniorlegal.org), and Martel took on the pro bono case, filing a complaint on Teixeira’s behalf in Nov. 2010.

“Senior citizens, unfortunately, have become targets for financial exploitation and may not always be aware of their legal options.  This case proves that it’s never too late to fight back when one’s legal and financial rights are being trampled.  Mamie fought back,” said Martel.  “This case was particularly gratifying as a chance to use the courts to help the elderly achieve the legal rights and access to justice they deserve. At 80 years of age myself, I wondered if this would be perceived as an instance of the halt leading the blind. But with help from Akshay Verma and others at FB+M, Mamie’s rights were fully vindicated.”

“John Martel and the team at Farella did an outstanding job from the outset,” said Terry Hancock, directing attorney at SCLS.  “The case was complex, but John was able to litigate it to a successful conclusion in a matter of eight months. We look forward to continuing to work with Farella Braun + Martel on future cases that threaten the legal rights of seniors in our communities.”

Notably, Martel and his team obtained a rare temporary restraining order and a preliminary injunction requiring the annuity payments that had been stopped to resume and continue through the trial process.  As a result of the final settlement, reached on Aug. 12, the day before trial, Teixeira will receive a monthly payment for the remainder of her life, in addition to substantial compensatory damages.

Farella Braun + Martel represents clients throughout the United States and abroad in sophisticated business transactions and high-stakes commercial, civil and criminal litigation. Founded in 1962, the firm is headquartered in San Francisco and maintains an office in the Napa Valley focused on the wine industry. Farella Braun + Martel lawyers are known for their imaginative legal solutions, dynamism and intellectual creativity. With an unwavering service ethic and interdisciplinary team approach, the firm is committed to advancing clients’ objectives in the most effective, coordinated and efficient manner. Farella Braun + Martel is a green business. www.fbm.com

Firm Highlights

News

Farella 2024 Partner Elevations: Cynthia Castillo and Greg LeSaint

Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of two lawyers to partnership effective Jan. 1: Cynthia Castillo and Greg LeSaint. “We are thrilled to elevate Cynthia and...

Read More
Publication

Top 5 Privacy Cases To Watch, From Chatbots to Geolocation

Litigation — and threats of litigation — related to privacy law violations have been on the rise recently. While some judges have pushed back on the theories set forth by plaintiffs, new privacy lawsuits...

Read More
Publication

Wire Fraud Victims Have New Reporting Factors After Ciminelli

Originally published by  Bloomberg Law . Courts around the country have seen an influx of challenges to indictments and convictions since the US Supreme Court’s unanimous decision in  Ciminelli v. United States  last May...

Read More
Publication

Reporting Dispute Claims Within Closely Held Wineries

Many wineries operate as closely held companies, meaning they’re owned by an individual or small group of shareholders, who are often members of the same family. Disputes regarding ownership interests can arise, particularly when directors...

Read More
News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

Read More
Publication

Compelling Employees to Arbitration Suddenly Has Less of an Upside

On July 17, the California Supreme Court issued its much-anticipated decision in Adolph v. Uber Techs Inc., as to whether employees still have standing to sue for "non-individual" PAGA claims when they have been...

Read More
Publication

Ensuring Your Website Complies With the ADA

In today’s digital age, having an online presence is crucial for businesses, including wineries, breweries, and other beverage companies. Accordingly, it’s essential to ensure that your beverage website meets federal standards for accessibility to avoid...

Read More
Publication

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd. , Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...

Read More
News

Farella Wins Complete Defense Ruling at Trial for Smart Meter Technology Company

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory for a smart meter technology company following a two-week bench trial in the U.S. Bankruptcy Court for the Southern District of California...

Read More
Publication

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

(As published in Private Company Director ) Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the...

Read More