THE RESULTS

The reputation of a law firm is built entirely on the respect and experience it is able to offer clients who need assistance with their professional liability defense issues. The senior trial lawyers at Kjar, McKenna & Stockalper have been practicing in the industry for over 25 years and have dealt with nearly every kind of defense issue there is. With the support of our young, innovative legal team, KMS has won victory after victory for our clients ranging from trial and arbitration victories, dispositive motions and dismissals. These are examples out of a small sample set of our cases. Please keep in mind that every case is fact specific and different, and that these outcomes do not represent what we may be able to obtain for you in your specific case.

Plaintiff Scott Stotelmyer, born on January 23, 1960, underwent single incision laparoscopic ventral hernia repair by Defendant, Sam Carvajal, M.D., on March 22, 2013 at Glendale Adventist Medical Center. On December 22, 2014, Dr. Carvajal performed a mesh repair surgery (as well as a Heller Myotomy and Durr fundoplication for an esophageal abnormality) by trimming…

Alexandra Martino secures Summary Judgment on behalf of Medical Institution and Excludes Plaintiffs’ Expert Witnesses

Ali Martino successfully drafted and argued a Motion for Summary Judgment, excluding 2 of plaintiffs’ 3 expert witness’ testimony and securing judgment in favor of her client, a Medical Institution, in a wrongful death action. Ali initially obtained dismissal without leave to amend of 2 out of the 3 causes of actions against her client…

Jon Schwalbach wins anti-SLAPP motion

Jon Schwalbach prevailed in an anti-SLAPP motion to dismiss a malicious prosecution claim against his client, a lawyer. Owners of an apartment building (the plaintiffs) argued that Jon’s client pursued habitability claims against them in bad faith without any factual or legal basis. In his winning brief, Jon pointed out that his client beat a…

Alessa Jonas and Shireen Ashtari secure Summary Judgment in a contentious sexual assault suit

Alessa Jonas and Shireen Ashtari successfully drafted and argued a Motion for Summary Judgment securing judgment in favor of their client, a Medical Institution, in a contentious sexual assault case. The Plaintiff in this action claimed to have been sexually assaulted during an examination in the Medical Institution’s emergency department. Alessa and Shireen obtained dismissal…

Patrick Stockalper and Jon Schwalbach prevail in an anti-SLAPP motion and recover attorney fees for their client

Pat and Jon’s client was a lawyer sued by an opposing party in an underlying lawsuit for emotional distress and violations of the Unruh Civil Rights Act. They made quick work of the frivolous lawsuit. Pat and Jon filed an anti-SLAPP motion to dismiss the claims, arguing that the anti-SLAPP statute and litigation privilege were…

Jon Schwalbach wins legal malpractice trial by judicial reference

After a 7-day trial by judicial reference in front of a distinguished retired Superior Court judge, Jon obtained a complete a defense award for his law firm client. The plaintiff claimed Jon’s client committed legal malpractice and breached its fiduciary duty in an underlying family law case. In his trial brief and closing argument, Jon…

Robert McKenna, III, Michael Pittman, and Andrew Wiseman secure a cost award of $100,000.00

After prevailing in a lengthy trial involving allegations of a failure to timely diagnose a heart attack in November 2019, Robert McKenna, III, Michael Pittman, and Andrew Wiseman filed a significant memorandum of costs. Following over a year of delays and substantial briefing, plaintiffs’ motion to tax costs was recently heard. The judge agreed with…

Defense award in favor of Jim Kjar and Hanna Dunn upheld on appeal

The Los Angeles Superior Court recently upheld a defense award in a medical malpractice case tried in 2019 by Jim Kjar and Hannah Dunn. Please see The 2019 Results section of our website for a detailed discussion of the case. Claimant requested a significant 7 figure award of damages and un her appeal alleged several…

Erica Levitt and Alexandra Martino’s 4th Demurrer sustained without leave to amend foreclosing non-MICRA claim against healthcare provider

Erica Levitt and Alexandra (Ali) Martino secured a dismissal for their healthcare provider client without leave to amend by way of a 4th Demurrer. The plaintiffs alleged civil rights violations under Section 1983. To be liable for federal civil rights violations under Section 1983, a private party must act “under color of state law.” Erica and…

Robert McKenna’s recent defense verdict featured by the Daily Journal in their “Top Verdicts” section.

The Daily Journal recognized partner Robert McKenna for having achieved a defense verdict in a 23 million dollar catastrophic injury case late last year in LA County. Please click on the link below to see the verdict as reported in the publication. Click Here To Download PDF

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