David J. Sire Jr. El Monte, California,
| Associate | |
| phone | 626-275-2720 866-471-7544 (Toll Free) |
| fax | 626-228-0639 |
| Email Me | |
Real Property/Construction/General Business Litigation
Represented the framing subcontractor on a multi-million dollar construction project in Los Angeles against the general contractor and property owner who counter sued for nearly one million dollars in damages. After a month long trial, we were awarded high six-figures in damages, attorney fees, and costs; and defendant was awarded just $5,000.
Represented business owner of commercial property in a construction defect case against the general contractor and subcontractors resulting in settlement with the subcontractors and a judgment against the general contractor in excess of $1,000,000.
Represented home owner in class action law suit against a national developer, broker, and purchaser through arbitration and mediation culminating in complete settlement after mediation avoiding a lengthy and expensive trial just weeks away.
Represented home owner in construction defect case against national developer through ten days of arbitration and voluminous post-arbitration motions to a successful conclusion avoiding the need to convert the award into a judgment.
Defended the purchaser of a multi-million dollar commercial property from entities claiming they already had an agreement with the bank/seller to purchase the property. Succeeded in getting the title company to pay for all legal fees and costs incurred, and to appoint and pay for a top notch large firm to conclude the representation.
Represented distressed borrowers in negotiations and limited and unlawful detainer actions against national lenders resulting in loan modifications and settlements with Bank of America, Chase, Fannie Mae, Quality Loan Service and other mortgage lenders, servicers, brokers, and agents.
Employment
Advised small business owners on compliance with labor laws and defended them against employee claims in civil court and before the DFEH arising out of wrongful termination, wage and hour, and hostile work environment claims.
Represented wrongfully terminated employees in hostile work environment, wage and hour claims, and wrongful discharge in violation of public policy claims. Most notably assisted and counseled Los Angeles Angels of Anaheim ushers, porters, and ticket takers in bringing a class action law suit against their employer for various employment violations.
Family Law/Probate
Represented wife in a dissolution proceeding husband initiated. After falsely promising her that she did not need a lawyer and they would resolve their differences out of court, I was able to get a 2.5 year old default judgment against my client set-aside and was able to block the court ordered sale of their San Marino family residence valued at $2,000,000, which my client subsequently acquired in settlement. I also obtained primary custody over the one minor child, child support, and spousal support for my client as well as sanctions against opposing counsel for failure to attend and participate in mediation.
Represented wife in a five-year old dissolution proceeding that nine prior attorneys had been unable to resolve. After investigating and serving discovery targeted to valuation of the husband's separate property business and properties, we settled at mediation.
Represented husband in dissolution, custody, and support matter complicated by a failed joint business and domestic violence perpetrated by the wife resulting in immigration and abduction complications.
Personal Injury
Defended a national truck delivery company and driver in a suit involving Amtrak, a dozen government agencies, and several injured motorists in a train v. semi-truck collision case that occurred in Chatsworth, California. Investigation revealed that the primary plaintiff's doctor's license had recently been suspended for years for ordering unnecessary tests costing millions of dollars for dozens of patients. Depositions of the parties and their business partners revealed that one plaintiff lost substantial business because of poor workmanship rather than supposed injuries, and another plaintiff had not been gainfully employed as a union welder for years but rather was a drifter, pimp, and drug dealer. Grossly over-inflated damages in the millions were contained and a reasonable settlement achieved.
Defended a large paint manufacturer/distributor in a toxic tort class action involving over 150 defendants. Our efforts to modify a court order limiting discovery allowed us to obtain valuable information vindicating our client. This information, combined with our aggressive and relentless efforts to release our client, resulted in our client being the first defendant dismissed from the case, which saved our client tens and perhaps hundreds of thousands of dollars in defense.
Represented injured motorists in fatal car accident case. After over a year of unsuccessful negotiations, we filed an action, successfully moved to bifurcate the issues of liability and damages, and then settled the case for seven figures after filing a Motion for Summary Judgment on liability.
Pro-Bono
Assisted homeless in Orange County through Public Law Center with personal injury, discrimination, and family law issues. Represented retired, low-income homeowner in action against neighbor whose tree root system caused damages to the adjoining walkway and home.
- Areas of Practice:
- 25% Construction Defect
- 25% Employment Law
- 25% Family Law and Probate
- 25% Personal Injury
- Certification/Specialties:
- Mediation, Loyola Law School, 2004
- Education:
- Whittier College School of Law, Los Angeles, California
J.D. - Loyola Law School, Los Angeles, California
- University of San Diego, San Diego, California
B.A.
Major: Business Economics
- Representative Clients:
- Travelers Insurance, Co.
- Advanced Skin Care
- COP-USA, Inc.
- Prudential Financial, Inc.
- Broadspire Services, Inc.
- SL Services, Inc.
- Maersk Group
- Saia, Inc.
- Jevic Transportation, Inc.
- Professional Associations and Memberships:
- LA County Bar Association, 2007 - Present
- Member
- University of San Diego Alumni Association, 2009 - Present
- Orange County Committee Member
- Orange County Bar Association, 2005 - Present
- Member
- Consumer Attorneys Association of Los Angeles, 2010 - Present
- Member
- The Federalist Society, 2004
- President of Loyola Law School Chapter
- The Federalist Society, 2006
- President of Whittier Law School Chapter
- Internet & Technology Law Society, 2003
- Co-founder at Loyola Law School
- Past Employment Positions:
- Ostendorf, Tate, Barnet & Wells, Associate, 2007 - 2009
- Snell & Wilmer, Legal Clerk, 2002 - 2005
- Ameriquest Mortgage, Legal Department, 2006
- Los Angeles County Superior Court, Law Clerk for Hon. Roy L. Paul, Dept. 7, 2004 - 2005
- Pro Bono Activities:
- WINN Inmate Literacy Volunteer, 2003 - 2006
- Legal Aid Society of Orange County, 2008 - Present
- Fraternities/Sororities:
- Phi Alpha Delta