Thomas F. Landers

Experience

• Co-tried complex, six-week jury trial resulting in unanimous verdict and 100 percent recovery via a $4.6 million judgment in favor of a general contractor who built a 21-story high-rise, while completely defeating the $16 million cross-complaint by the developer, along with the developer’s additional claim for punitive damages.
• Won five day arbitration in favor of timeshare company accused of violating the Fair Credit Reporting Act, and other consumer protection statutes.
• Successfully vacated nearly $2 million arbitration award, set aside the resulting superior court judgment, obtained an order quashing service of the summons and complaint, and won attorneys’ fees on behalf of two foreign entities wrongly sued in California.
• Won Alter Ego trial in federal court when judge pierced LLC’s corporate veil and held individual members liable for corporate debts.
• Won jury trial in favor of homeowner against contractor fired from job.
• Won summary judgment for debt servicing company, defeating a claim of unauthorized practice of law (McMinn v. Midland Credit Management, Inc., 2015 U.S. Dist. LEXIS 25926).
• Won motion to dismiss putative class action complaint alleging debt servicer’s letters misrepresented credit reporting limitations period (Hamilton v. Midland Credit Management, Inc., 2017 U.S. Dist. LEXIS 138226).
• Won combined anti‐SLAPP and summary judgment motion dismissing claims against law firm (Picazo v. Kimball, Tirey & St. John, LLP, 2018 U.S. Dist. LEXIS 56002).
• Won motion to dismiss in favor of law firm; won subsequent appeal to the Ninth Circuit.
• Won bench trial in favor of debt buyer and debt servicer against claims under California’s Rosenthal Fair Debt Collection Practices Act; won attorneys’ fees and costs against plaintiff.
• Won summary judgment in favor of HVAC contractor alleged to be successor-in-interest to bankrupt entity in construction litigation, thus entitling contractor to attorneys’ fees against international developer.
• Won anti‐SLAPP motion, striking cross‐complaint filed by home seller against buyer alleging fraud and breach of contract; won attorneys’ fees against sellers.
• Defeated anti-SLAPP motion filed by general contractor; defeated subsequent appeal and won costs.
• Won summary judgement for general contractor; won subsequent appeal.
• Represented creditors and debt servicers in connection with claims under the state and federal Fair Debt Collection Practices Act, and The Telephone Consumer Protection Act.