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Berliner Cohen Secures Victory for Palisade Builders, Inc. and Doug Ross Construction

December 1, 2017 |
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Berliner Cohen successfully defended Palisade Builders, Inc. and Doug Ross Construction on a claim made by the Palisade project manager claiming a right to compensation based on the construction project in Pleasanton.

In April 2012, Palisade won a contract to build apartments (Independent Living Units) at a retirement community in Pleasanton. Later in August 2012, Palisade was the successful bid on the second phase of the construction for carports and terrace apartments (GT).

Berliner partner, Christian Picone, and associate, Michael Cheng, countered plaintiff’s claim. After hard-fought discovery, Plaintiff conceded he was a partner in a joint venture but did not contribute to the project. At trial, Plaintiff identified 20 witnesses, 10 of the witnesses were not previously disclosed in discovery. Berliner prevailed on a motion in limine to strike 9 of the undisclosed witnesses. Plaintiff asked for a continuance and was denied. The court advised Plaintiff to rearrange his witnesses, and instead, Plaintiff dismissed the case, resulting in a victory for Palisade Builders, Inc. and Doug Ross Construction.

ABOUT BERLINER

Berliner Cohen has served the business and regulatory needs of private business and public agencies for close to 50 years.  Berliner Cohen continually meets the growing demands of both the Silicon Valley and San Joaquin Valley. The Firm has developed the special expertise required by a diverse client base consisting of nationally recognized business interests and a number of Northern California’s largest national and multinational corporations, new ventures, leading real estate developers and brokerages, cutting-edge technology companies, agribusiness, banking and financial institutions, employers, municipalities, public agencies, and individuals.

CONTACTS

Christian E. Picone represents individuals and businesses in both civil and criminal litigation at the state and federal levels, with a focus on intellectual property disputes, complex commercial and tax litigation, criminal defense, and environmental defense. Prior to joining Berliner Cohen, Mr. Picone worked as a lead felony prosecutor. If you have any questions, please contact Christian E. Picone at christian.picone@berliner.com or (408) 286-5800.

Michael J. Cheng represents individuals and businesses in civil litigation in state and federal court. Prior to joining Berliner Cohen, Mr. Cheng was an associate at law firms in San Jose and Taiwan, where he focused his practice on commercial litigation, corporate matters, contract negotiation, and international compliance. If you have any questions, please contact Michael J. Cheng at michael.cheng@berliner.com or (408) 286-5800.

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