Hon. Marie S. Weiner (Ret.)

• Court Trial on Petition for Writ under CEQA, seeking to stop billionaire from tearing down a historic residential mansion in order to build a modern residential mansion. Dispute arose when Environmental Impact Report concluded that demolition of the existing historic residence would result in significant impact on the cultural resources of the state, and that alternatives were feasible, yet the Town Council adopted a resolution granting a demolition permit. Case presented issue of first impression under CEQA as to whether the refusal of the property owner to update the existing residence, or do anything other than build a new modern residence, makes the alternatives “infeasible”. Also issue of first impression under CEQA on economic feasibility on the basis of cost, where the property owner refused to submit plans for the new residence before tearing down the historic residence. Trial Court decision upheld on appeal.
• Presided over pretrial proceedings and court trial arising from dispute over seawall to protect existing residential homes built along sea cliffs.
• Served for 20 years as designated CEQA Judge for San Mateo County Superior Court.

• Presided over lengthy court trial of class action by consumer loan borrowers against subprime lender, claiming these consumer loans charged unconscionable interest rates in violation of statute.
• Presided over pretrial proceedings and phased court trial in class action by persons who rented their personal vehicles through the defendant company, like a private car rental company. Consumer fraud alleged based upon representations that company had insurance coverage if a customer damaged the personal vehicle, which was not true, and claims for property damages were declined.
• Presided over pretrial proceedings in class action arising from privacy data breach.
• Please see Labor and Employment, Securities Litigation class actions.

• Over the years, presided over pretrial and trial proceedings in multiple different cases by homeowners, alleging claims for construction defect in building and design of new multi-million-dollar residences, brought against seller, subcontractors, suppliers, and/or realtors. Most cases settled, but some proceeded to jury trial, and some were subject to court trial.
• Presided over six consolidated actions for property damages caused by a landslide near the coast. Alleged that leaks in a water main line resulted in a landslide damaging multiple residential properties, causing multi-millions of dollars in damages.
• Presided over construction defect case involving renovation of a bank into a restaurant. Issues of contractor’s refusal to finish, property owner’s claim of defect, and general contractor’s failure to pay subcontractors.
• Presided over pretrial proceedings and court trial by purchaser of a new residence sold by individual who repeatedly engaged in purchase of a single property, building of a new residence, and then “flipping” the house. Key issue in phase one trial was whether the seller was a “builder” under SB800. Key issue in phase two trial was construction defects and damages. Case settled on appeal.

• Presided over six-week jury trial on claims for breach of contract and breach of the covenant of good faith and fair dealing. This was a multi-million-dollar contract dispute between the manufacturer of aircraft rescue and firefighting vehicles and the airport that contracted to purchase four specially designed airport fire trucks. After taking delivery of two trucks, the airport claimed that they were defective, refused to pay for the remaining ordered fire trucks, and demanded the return of its money. The manufacturer sued, and the airport cross-claimed. After summary adjudication on some claims and jury verdict on others, the decisions were upheld on appeal, except for reconsideration regarding attorney’s fees award.
• Presided over three-week court trial where homeowner sought to stop the foreclosure of personal residence against a loan shark seeking to collect on an allegedly usurious loan.

• Presided over pretrial proceedings and jury trial on claims of insurance bad faith for failure to pay under a homeowner’s insurance policy for water damages ultimately resulting in mold infestation. Defense claimed that coverage was excluded under the policy.
• After settlement of a shareholders’ class action arising from a corporate acquisition, the corporation sued its Directors & Officers Liability insurance carriers (involving multiple layers of coverage) for reimbursement of the settlement funds. Presided over pretrial proceedings and court trial, with the key issue being the “Bump-up” provision. Case settled while on appeal.
• Handled cases, including pretrial and trial proceedings, involving insurance coverage claims and insurance bad faith claims regarding Directors & Officers Liability insurance policies.
• Presided over pretrial and trial proceedings on claims by and between insurance carriers on uses of duty to defend, duty to indemnify, equitable indemnity, and equitable contribution.

• Presided over 30-day court trial on claim of misappropriation of trade secrets. The trade secret “product” was a software algorithm. Start-up company entered into a memorandum of understanding with large foreign company for product’s development and commercialization. Instead, the large foreign company usurped this concept, and filed U.S. patents thereon; thus, allegedly precluding any further use or sale of the concept product by the start-up company for itself or others. Case presented issues of first impression on proof and specificity of misappropriation of trade secrets and what can constitute a protectable “trade secret”. Trial court decision upheld on appeal.
• Presided over three-month jury trial, in multi-million-dollar dispute between Japanese pharmaceutical company and a Swiss pharmaceutical company for the tort of intentional interference with contractual relations with a California FDA-approved drug testing company. Defendant developed and sold the only FDA-approved drug for treatment of a deadly pulmonary condition. Plaintiff had an existing drug approved for treatment of another disease, and was now working to obtain FDA approval for use of that existing drug for the treatment of that same deadly pulmonary condition. This required human trials of the drug in the United States in order to get FDA approval. Defendant purchased the US testing company and stopped all FDA drug trials of Plaintiff’s product. Presented issue of first impression as to whether one can be held liable for the tort of intentional interference, or whether liability is extinguished, where the defendant acquires a corporate party to the subject contract. Jury and court trial decisions upheld on appeal.

• Presided over lengthy court trial in class action by employees of a casino regarding tip sharing with supervisors and owner.
• Presided over pretrial proceedings in related class action and PAGA action brought on behalf of employees of airport food service company.
• Over the years, presided over pretrial proceedings in multiple separate class actions and PAGA actions on behalf of restaurant employees claiming violation of Labor Code for failure to give or pay for rest periods, and failure to give or pay premium for missed/interrupted meal breaks.
• Presided over pretrial and court trial proceedings in case involving employees’ claims alleging violation of Labor Code provisions pertaining to commission contracts, brought pursuant to PAGA, against nationwide technology company. Sales employees alleged that high-tech corporate employer had a pattern and practice of (1) failure to disclose commission rates until after the employee started employment, (2) unilaterally revising commissions after sales transactions (resulting in lower commissions), (3) unreasonably delaying payment of commissions, and (4) unilaterally engaging in “clawed back” commissions from prior sales by reducing salaries. Matter proceeded in phases, with two court trials conducted.
• Presided over pretrial proceedings and court trial by spa employees, under PAGA, as to whether their compensation plan was a legal piecemeal method or an unlawful failure to pay minimum wages.

• Over the years, presided over pretrial proceedings and court trials in multiple separate class actions and PAGA actions on behalf of retail store employees claiming violation of Labor Code for failure to pay for rest periods, and failure to give or pay premium for missed/interrupted meal breaks.

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• Presided over pretrial proceedings and multi-week court trial in case arising from oral agreements to entered into partnerships to develop multi-player online games. One party financed the endeavor, and the other party had the ideas and performed all operations of the business. When the effort did not result as expected, the financial partner usurped the business opportunities and sued for return of all funds, asserting that it was a loan and not an investment or a partnership.
• Presided over multi-week court trial in case arising from oral agreement to create a business enterprise. Upon its success, one partner cut out the other partner and refused to share profits as agreed. Court Trial decision upheld on appeal.
• Presided over pretrial proceedings and multi-month court trial arising from spotty oral and written agreements between parties to form and operate a business enterprise to develop, manufacture, and sell medical implant devices. Lawsuit by one partner against the other partner, who served as CEO and controlled all operations, for breach of fiduciary duty and related claims that the CEO used company assets, company personnel, and company funds for his own personal needs and side-deals for his personal benefit, and claims seeking to remove the CEO as an officer and director.
• Handled case involving partnership dispute between group of California medical doctors and a national healthcare provider. Settled before trial.

• Presided over nine consolidated cases for wrongful death or personal injury arising from a fire that occurred in the passenger section of a limousine while crossing a bridge. As part of a bridal shower event, nine women were passengers in a limo, that was 14 years old, when it caught fire under the floorboard and blocking the only exit doors. Abandoned by the driver, the women franticly attempted to squeeze out, one by one, through the small sliding window between the driver’s area and the passenger compartment. Some of the women did not make it out, and died of smoke inhalation and fire. Survivors and families of decedents sued on claims of product liability and negligence against the car manufacturer, the company that modifies cars to make them into limousines, the limo service, and the limo mechanics. Most parties settled before trial. The family of one decedent proceeded to one-month jury trial against the manufacturer. After jury verdict, the matter settled after filing notice of appeal.
• Presided over pretrial proceedings in multiple unconsolidated personal injury lawsuits by approximately 100 individual customers of California franchised spas, who alleged that they were sexually touched, molested, and/or raped by employees performing massages.
• Presided over pretrial proceedings in multiple separate asbestos litigation cases.

• Presided over consolidated shareholders’ class action alleging securities claims under 1933 Securities Act arising from an initial public offering. The case proceeded through multiple rounds of motions regarding the pleadings, stay motions were filed, and a class was certified. Class action settled shortly before trial.
• Presided over pretrial proceedings and court trial on shareholders derivative action claims arising from sale of the corporation for allegedly inadequate price, due to breach of corporate duties.
• Presided over pretrial proceedings in securities class actions and shareholder derivative actions claiming violations of Sections 11 and 12 of the federal Securities Act in regard to initial public offerings. Key issues included enforceability of choice of law provisions and forum selection provisions.
• Presided over shareholder class action against solar power provider for false and misleading offering statements by the company, its underwriters, and its directors. Case settled after completion of all pretrial proceedings, a few days before commencement of trial.
• Handled investment fraud cases filed by hundreds of individuals who were victims of a Ponzi scheme, and the corporation was placed in bankruptcy. Civil proceedings in state court including 3-month jury trial of test cases, and subsequent 4-month jury trial of remaining individual cases. Most corporate defendants settled before trial, and the case proceeded to jury trial against the officers and directors as well as the CPA auditor.