Mr. Tucker has represented and obtained favorable results for both employers and employees in state courts and in Labor Commissioner hearings on wage and hour and other Labor Code claims.
Mr. Tucker has filed and successfully defended anti-SLAPP motions in California Superior Courts.
Mr. Tucker has represented plaintiffs and defendants in cases pending in state and federal courts throughout the State of California. The following are a representative sampling of the cases Mr. Tucker has tried:
Mr. Tucker represented a plaintiff in a “below cost sales” antitrust action against a provider of computerized multiple listing services provided to the three major real estate boards in San Diego County. Mr. Tucker obtained a judgment, after a jury verdict in plaintiff’s favor, for 2,333,518. Data Base Management, Inc. v. More Business Forms, Inc., San Diego Superior Court.
Mr. Tucker represented plaintiff homeowners in an action for violation of the Subdivided Lands Act, breach of contract, breach of fiduciary duty, fraud and intentional infliction of emotional distress, against a real estate brokerage company and the sellers of the lots, for the sale to plaintiffs of lots which had not been subdivided as required by law. Mr. Tucker obtained from an arbitral award, later confirmed in a judgment, against the defendants for $4,005,000. Huntington et. al. v. Aragon, et. al, San Diego Superior Court.
Mr. Tucker represented a transmission repair and replacement franchisor and its vice president in an action brought by a franchisee for breach of contract, fraud and violation of the California Franchise Investment Law. Mr. Tucker obtained a judgment for defendants on plaintiff’s claims, in favor of his franchisor client on its cross-complaint or breach of contract. Van Hooidonk v. Gibraltar Transmission Corp., San Mateo Superior Court.
Mr. Tucker represented defendant Ted Giannoulas (“the San Diego Chicken”) in contempt proceedings brought against him by plaintiff radio station, which had sued Mr. Giannoulas, alleging the “chicken costume” he wore as a costumed mascot infringed on the radio station’s claimed service mark. The trial court ruled in favor of Mr. Giannoulas. Mr. Tucker also successfully obtained a ruling from the Court of Appeal reversing the injunction the trial court has issued against Mr. Giannoulas. KGB, Inc. v. Giannoulas, San Diego Superior Court and Fourth District Court of Appeals.
Mr. Tucker successfully defended the probate estate of a deceased pilot in an action under the Death on the High Seas Act brought by the estate of the deceased wife, asserting negligence resulting in the death of the wife in a crash off the coast of Encinitas, California. Brown v. Parrett, United States District Court for the Southern District of California.
Mr. Tucker obtained a jury verdict on behalf of his client, defendant cruise line, on its Cross-complaint against plaintiff company which had applied huge decorative decals on the sides of two cruise ships, for breach of contract and breach of warranty as a result of partial delamination of the decals. Signs America v. Norwegian Cruise Lines, San Francisco Superior Court.
Mr. Tucker obtained a judgment for his client, defendant developer and former owner of a commercial building, who was sued by a real estate brokerage company which sought a commission of approximately $200,000, asserting claims or breach of contract, interference with contract and prospective economic advantage and conspiracy. John Burnham & Company v. T’MI Growth Properties, San Diego Superior Court.
Mr. Tucker obtained a judgment for his client, defendant and former neighbor of plaintiff, who sued Mr. Tucker’s client for violation of the CC&Rs;, blocking plaintiff’s ocean view and reducing the value of this property. Nicolaides v. Riley, San Diego Superior Court.
Mr. Tucker sued a developer for breach of a loan agreement the developer had entered into with his clients, the lenders. The developer filed bankruptcy. Mr. Tucker prevailed in an adversary proceeding against the debtor developer and obtained a ruling of the bankruptcy court that the lenders’ claim against the developer was valid in the amount of $1,361,000. Mueller v. Osio, Bankruptcy Court for the Southern District of California.
Mr. Tucker obtained summary judgment in favor of his client, defendant cruise line, in an action brought by plaintiff former employee, who asserted claims for disability discrimination, failure to accommodate and wrongful termination in violation of California’s Fair Employment and Housing Act. Guillory v. Princess Cruise Lines, Ltd., Los Angeles Superior Court.