Kimberly E. Lewellen
Experience
Represented a partner in a business dissolution and trademark infringement matter involving the BURNINGMAN service mark, tradedress, and event; obtained a favorable settlement at court mandated mediation in the U.S. District Court, Northern District of California (San Francisco Division).
Drafted successful demurrer to a complaint for legal malpractice against a prominent law firm which resulted in dismissal of the case in its entirety (with prejudice).
Assisted with the defense of a consumer class action alleging violations of the Dating Services Contract Act, Cal. Civ. Code Section 1694 et. seq.; the Consumer Legal Remedies Act, Cal. Civ. Code Section 1771 et. seq.; and California's Unfair Competition Law, Business & Professions Code Section 17200 et. seq.; including but not limited to, researched direct and alter ego liability of officers, directors, and owners; prepared an opposition to a motion to compel discovery of attorney-client and work product privileged information; drafted a class action notice which was adopted by the court.
Represented business client in a consumer class action lawsuit on a FRCP Rule 12(b)(6) motion to dismiss, resulting in the unreported opinion, Herrera v. LCS Financial Services Corp. (N.D. Cal. 2009) WL 5062192.
Represented a business client in litigation involving alleged fraud and misrepresentation, and violations of collection statutes; successfully obtained a voluntary dismissal with prejudice after preparing and filing a motion for summary judgment.
Successfully obtained support modification where a marital settlement agreement appeared to provide for no jurisdiction to modify support, and the opposing party was found to have concealed the receipt of hundreds of thousands of dollars in settlement funds from the client.
Represents family law clients with complex property, business, and tracing issues.
Handles family law cases involving foreign discovery.
Handles family law cases involving out-of-state businesses and assets.
General
Former Judicial Law Clerk, Honorable
David A. Huff, 3 rd Judicial District Court, Fallon , NV
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