About Attorney John Guerrini

Admissions

Mr. Guerrini is admitted to practice before all state and federal courts in the state of California, as well as the United States Court of Appeals for the Ninth Circuit.

 

Professional Memberships

Mr. Guerrini enjoys memberships in many professional organizations, including the Commercial Law League of America where he has served on the Board of Governors. During his career, he has been listed on every major law list.

 

Speaking Engagements

Intrastate and International Debt Recovery. Commercial Law League of America, Eastern Region Meeting, November 2004. Sheraton Towers New York City, New York.

 

Meandering the Minefields of Mechanics Liens. Commercial Law League of America, Eastern Region Meeting, November 2007. Sheraton Towers New York City, New York.

 

The New Firm. Commercial Law League of America, Annual Meeting, May, 2010.Westin Michigan Avenue Chicago, Illinois.

 

Collecting Attorneys’ Fees Post Judgment. National Association of Legal Fee Analysis, Los Angeles Attorney Fee conference, June 2010. Southwestern Law School, Los Angeles, California.

 

A Multi-state Survey of the Similarities and Differences Between State Laws.  Commercial Law League of America, Eastern Region Meeting, November 2010. Sheraton Towers New York City, New York.

 

Fighting Back with anti-SLAPP Motions. Commercial Law League of America, Eastern Region Meeting, November 2010. Sheraton Towers New York City, New York.

 

Risk Mitigation - Roundtable. National Petroleum Energy Credit Association, Annual Conference April 2011, San Diego, California.

 

Security Instruments - What's in Your Wallet? National Petroleum Energy Credit Association, Annual Conference, April 2011, San Diego, California.

 

Collecting a Judgment. LawReview CLE. October 2012, Pasadena and Anaheim, California.​

 

Positions Held

Editor, YMS Times, Commercial Law League of America, 2007-2011

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Chair, Membership Development, Rotary Club of Altadena, 2009-2011

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Member, Board of Governors, Commercial Law League of America, 2010-2011

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Chair, Vice Chair, Treasurer, Secretary, Member-At-Large, YMS, Commercial Law League of America, 2005-2011

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​Notable Court Appointments

Practice Administrator, In Re Enkelis. Los Angeles Superior Court Case No. GP013802

 

Practice Administrator, In Re Margulies. Los Angeles Superior Court Case No. BP126214.

 

Notable Cases

PURCHASE AND SALE AGREEMENT DISPUTE, 107 Cal.App.4th 1117. Court of Appeal Second District. Mr. Guerrini successfully represented the sellers of a duplex against suit brought by the buyer against sellers and both sets of agents involved. The trial court granted Mr. Guerrini's motion for summary judgment and entered a judgment of dismissal in favor of his clients. The Court of Appeal affirmed in a published decision.

 

​HOMEOWNER v CONTRACTOR WHO ABANDONED JOB, Court of Appeal Second District. Mr. Guerrini successfully represented a homeowner in their suit against a general contractor, because of the contractor's failure to complete the job and who ultimately was found to have defrauded the homeowner. Mr. Guerrini secured a judgment from the trial court of more than $2,000,000, including attorneys' fees and punitive damages. Mr. Guerrini was successful in defeating the contractor's appeal to the Court of Appeal. Later, when the contractor filed for bankruptcy, the debt was determined to be non‑dischargeable.​

 

SUB-CONTRACTOR v GENERAL CONTRACTOR, Court of Appeal Second District. Mr. Guerrini successfully represented a general contractor and developer against suit brought by a subcontractor for purportedly unpaid invoices and to foreclose on a mechanics' lien. The trial court rejected all the subcontractor's claims and additionally, found that the subcontractor had breached its contract with the developer. The trial court expunged the contractor's mechanics' lien and awarded damages to the developer, including all the developer's attorney's fees incurred in the action. The subcontractor appealed the judgment to the Court of Appeal. The Court of Appeal affirmed, and upon remand to the trial court, Mr. Guerrini was successful in obtaining an additional award of attorney's fees to his client, for all fees incurred during the appeal.​

 

COMMERCIAL TENANT v LANDLORD, Court of Appeal Second District. When the landlord at a commercial property retained the tenant’s security deposit, Mr. Guerrini was retained to defend against the tenant’s efforts to compel a return of the deposit. After trial, the court ordered a portion of the deposit returned and denied the tenant’s request for an award of attorney’s fees. The Court of Appeal affirmed.

 

​CCP 473 LITIGATION. After obtaining judgment against one of the defendants, that defendant unsuccessfully brought a motion to vacate under CCP 473. The court of appeal affirmed. Mr. Guerrini estimates that he has handled the defense related to well over 100 CCP 473 motions. 

 

DISTRIBUTOR v. DRUG MANUFACTURER, United States Court of Appeals for the Ninth Circuit. Mr. Guerrini represented a wholesale pharmaceutical distributor seeking recovery of damages for the conversion of various products. After discovery, Mr. Guerrini obtained settlements from all defendants except for one and then proceeded to trial against that defendant, ultimately obtaining a judgment. The judgment was satisfied in full, though the costs were appealed.​

 

UNPAID CONSULTANT v. A LARGE NATIONAL BANK, before the Arbitration Panel of the American Arbitration Association. Mr. Guerrini successfully represented a marketing consultant in his claim against a bank, for its failure to pay him severance as per the terms of a written retention agreement. The litigation focused on the interpretation of several key words in the agreement. The arbitrator awarded Mr. Guerrini's client nearly his entire claim against the bank. Mr. Guerrini then proceeded to collect the award in full.​

 

ADVERTISING AGENCY v A LARGE NATIONAL CREDIT UNION, before the Arbitration Panel of the American Arbitration Association. Mr. Guerrini successfully represented an award‑winning advertising agency in its claims against a credit union. The claims arose after the credit union hired the agency to produce a nationally‑aired campaign but then failed to pay the agency all that it was due. After trying the case before a retired judge associated with the AAA and securing an award in favor of his client, Mr. Guerrini took the necessary steps to ensure that the award was ultimately paid in full.​

 

FORMER MARRIED COUPLE / PARTNERSHIP DISPUTE, Los Angeles Superior Court. Mr. Guerrini represented five defendants in a multi-party case with complex facts, successfully obtaining dismissals and/or partial dismissals utilizing SLAPP motions. Mr. Guerrini’s clients were awarded their attorneys’ fees.

 

​CONFIDENTIAL MULTI-STATE LITIGATION, United States District Court. When his clients filed suit to recover funds taken by the defendants, a counterclaim was filed. Mr. Guerrini successfully defended and when faced with a dispositive summary judgment motion, the defendants quickly settled the entire case.​

 

ENTERTAINMENT VENDOR v LARGE REGIONAL HOTEL CHAIN, Los Angeles Superior Court.  Mr. Guerrini successfully represented one of the world's largest entertainment services providers to hotels in its suit against a hotel that owed a large sum of money to Mr. Guerrini's client.  After reaching settlement, the hotel filed for bankruptcy protection and sought to avoid the claim. Ultimately, when the hotel was sold through bankruptcy, Mr. Guerrini was successful in recovering nearly 100% of his client's claim.​

 

CONFIDENTIAL CONSTRUCTION DISPUTE. Mr. Guerrini represented a provider of construction testing services in its claim against one of the nation's largest owners and operators of regional malls. He successfully negotiated a settlement, avoiding litigation. 

 

CONFIDENTIAL DISTRIBUTION AGREEMENT DISPUTE, Los Angeles Superior Court. Mr. Guerrini represented one of the largest media companies in the country. Mr. Guerrini successfully litigated the claim and ultimately arranged for settlement after a mediation. 

 

UNPAID SUPPLIER v LARGE HOSPITAL, Los Angeles Superior Court. One of the largest sundry suppliers turned to Mr. Guerrini when it was owed significant amounts of money by a local hospital. Mr. Guerrini was successful in bringing resolution to the case via a negotiated settlement.​

 

DISGRUNTLED FORMER CUSTOMER v A NATIONAL BANK, Kern County Superior Court. Mr. Guerrini successfully defended a national bank against an attempt by a former cardholder to enforce a bogus award against the bank obtained through an arbitration forum. After the cardholder attempted to register the award in court, the court granted Mr. Guerrini’s motion to vacate the arbitration award, ordering the cardholder to pay the bank's legal fees incurred in the action.

 

BI-COASTAL LITIGATION, Los Angeles Superior Court and Court of Appeal, Second District. In a case that was one of many in a complex series of cases involving numerous parties and multiple lawsuits in several states, Mr. Guerrini was successful in obtaining an order compelling a third party to appear and produce documents in a post‑judgment proceeding. When the third party appealed that order, Mr. Guerrini was successful in obtaining an order dismissing the appeal prior to submission of the record on appeal.​

 

CONFIDENTIAL PURCHASE AND SALE AGREEMENT LITIGATION, Los Angeles Superior Court. Mr. Guerrini was retained immediately prior to trial to defend the sellers of residential property against claims by disgruntled buyers, arising out of a failed purchase attempt. At trial, after plaintiffs rested, Mr. Guerrini was successful in obtaining judgments of dismissal of three of the four causes of action against his clients. On the remaining cause of action, Mr. Guerrini obtained a judgment for his clients and was able to convince the trial judge to order the plaintiffs to pay for a significant portion of his clients' attorneys' fees incurred in defending the action.