Our Results

  • ADA Litigation

    Ms. Duggan has represented numerous Sacramento Valley business owners and property owners in resolving ADA accessibility lawsuits, providing advice and counsel in preventing ADA access claims, making cost-effective alterations, ensuring ADA compliance, and minimizing damages, future claims and out-of-pocket costs, including numerous Sacramento-area commercial properties, apartment complexes, restaurants and small businesses.

    By way of example, Duggan Law Corporation recently negotiated a favorable settlement for a popular, local, family-owned Mexican restaurant against ADA accessibility claims. The restaurant remediated all compliance issues and the case was settled mere months after filing.

    Appellate

    Ms. Duggan has handled numerous matters on appeal in both the Third District Court of Appeal and the Ninth Circuit. In an action for construction defect the Plaintiff had demanded more than $100,000 in damages and the jury awarded merely $128.40 against Defendant roofing contractor. Ms. Duggan successfully protected the trial court's virtual defense verdict on appeal.

    Ms. Duggan also prevailed on summary judgment motion, as well as at the Ninth Circuit, on claims filed against a Sheriff's Department and two deputies for the use of deadly force. Plaintiff refused to obey commands from officers to stop and drop a three-foot long sword which he had carried throughout a residential neighborhood, while exhibiting bizarre and erratic behavior. Deputies shot as Plaintiff began to access to a residence after numerous failed attempts to gain his attention and cooperation. Deputies were unaware at the time of the shooting that the home was the unoccupied home of Plaintiff and his parents. Plaintiff sustained serious injuries. Both courts held that the use of deadly force was appropriate even where there were no identified third parties to whom the suspect posed a serious threat of harm.

    After several years of contentious litigation and successfully defending the action at trial, Ms. Duggan obtained an attorneys' fee award in favor of a small staffing firm. The judge awarded attorneys' fees against the national staffing firm finding the filing of the action constituted both objective speciousness and subjective bad faith under the FLIR Systems, Inc. v. Parrish (2009) 174 Cal.App.4th 1270 case. Ms. Duggan then assisted in successfully upholding the underlying trial court ruling on Appeal.

    Business Litigation

    Breach of Contract, Partnership & Shareholder Duties

    Duggan Law Corporation currently represents a local business owner in a breach of contract dispute involving the sale of a medical spa. During the course of the litigation, Ms. Duggan successfully obtained a preliminary injunction restraining the defendant from enforcing a noncompetition clause and allowing her client to resume her livelihood.

    Unfair Business Practices/Trade Secret Litigation

    Ms. Duggan successfully defended a start-up autistic services company and its owners against allegations of breach of fiduciary duty, duty of loyalty, misappropriation of trade secrets, unfair competition, interference with prospective business advantage, and conversion. Plaintiff's request for preliminary injunction was defeated and Ms. Duggan negotiated a favorable settlement on the client's behalf. The company continues to thrive in multiple locations throughout Northern California.

    Ms. Duggan obtained a favorable settlement for a California food sales agency client who was sued by a competitor for misappropriation of trade secrets, unlawful solicitation, and alleged breach of non-competition agreements. After defeating Plaintiff's multiple attempts to seek injunctive relief and conducting a damaging deposition of the Plaintiff's President, Ms. Duggan negotiated a nuisance value settlement in exchange for a release and dismissal within months of Plaintiff initiating the case. Plaintiff initially demanded more than $1,000,000 in damages.

    Ms. Duggan is currently representing several Defendants in unfair business practice and trade secret matters, including a case involving competitors who sell merchandise via drop shipping on Amazon, a small cosmetic packaging company owner being sued by her former employer, and a former employee of a local fitness equipment servicer who alleges solicitation of former employees and clients in violation of the CUTSA.

    Civil Litigation

    Ms. Duggan defended a boat owner in a wrongful death claim arising out of the carbon monoxide poisoning and subsequent drowning of small child who was sitting on the boat's swim deck without a life vest. The claim was settled prior to the initiation of expensive litigation and within the policy limits.

    Ms. Duggan was intimately involved in the defense of a public utility with respect to alleged dangerous condition and design of public property issues concerning placement of utility poles at the back of curb. An action was filed against multiple defendants by multiple plaintiffs including a paraplegic minor. A favorable settlement was negotiated on behalf of the utility while a determination of design immunity issues were pending.

    Duggan Law Corporation is currently representing a Defendant in a lawsuit filed arising out of a car versus motorcycle accident in which the driver of the vehicle was not insured at the time of the accident.

    Employment Law

    Employment Litigation Defense - Sexual Harassment

    Ms. Duggan successfully defended a local restaurant against same-sex sexual harassment claims from a former employee which resulted in a nuisance value settlement of $1,000. The claimant was impeached numerous times during his deposition, exposing his lack of credibility.

    Employment Litigation Defense - Racial Harassment

    Ms. Duggan represented a local concrete and decking company against claims by a former employee that he was harassed and discriminated against based on his race. Ms. Duggan negotiated a favorable settlement, saving her client expensive prolonged litigation costs.

    Employment Litigation Defense - Disability Discrimination

    Ms. Duggan is currently representing a defendant in action in which age, religion and disability harassment and discrimination are all alleged.

    Advice and Counsel

    Ms. Duggan successfully consulted with an East Bay non-profit organization on a series of multi-employee terminations for misconduct, and later a large reduction in force based on California budget cuts. She minimized risk and avoided employment claims from both.

    Wage and Hour Defense

    Ms. Duggan defended a local business and its owners from a lawsuit centering on wage and hour claims made by a delivery driver who worked for the company for less than six months. Ms. Duggan was able to negotiate a favorable settlement without the need for her client to spend any money on hard court costs and before any discovery was initiated.

    Workplace Investigations

    Ms. Duggan assisted a small café owner in a workplace violence investigation to decipher fact from fiction and the circumstances surrounding an allegation of a weapon being brought into the workplace and subsequent threatening of one employee to another.

    Mediation

    Ms. Duggan's background in civil litigation gives the knowledge and experience necessary to empathize with the disputing parties and to understand the nature, nuances and value of their cases. As a private mediator Ms. Duggan successfully resolved a complex case involving a warehouse fire that resulted in the deaths of two people. There were three separate Plaintiffs, multiple defendants, and coverage issues pending at the time of the mediation. After difficult negotiations, Ms. Duggan was able to finesse a settlement via a mediator's proposal that served the best interests of all parties involved. Ms. Duggan has also assisted the parties in finding creative solutions to settlement, including assisting parties in securing approval of an unnamed third party to approve important aspects of a potential resolution which had previously been a barrier to settlement.

    Probate Litigation

    Ms. Duggan negotiated a favorable settlement for a beneficiary after the trustee and beneficiary sibling inhabited the family home following the death of their mother and charged numerous unnecessary expenses to the trust.

    Ms. Duggan represented the spouse to ensure distribution of assets of her decedent husband who died intestate after the parents of decedent retained nearly all of the decedent's personal and real property.

    Ms. Duggan successfully defended the companion and caretaker partner of a deceased man whose four adult children brought claims for elder financial abuse, theft by fraud or deceit, undue influence and conversion against her. The case was resolved in Defendant's favor on the eve of trial.

    Real Estate

    Ms. Duggan defended a local sanitation district against a claim for quiet title involving the entity's previous acquisition of land by eminent domain.

    Ms. Duggan prevailed on directed verdict motion on breach of contract and negligence claims filed against a title company over a multi-million dollar commercial real estate sale in Kern County, California. Ms. Duggan then sought and was awarded attorneys' fees for the client as the prevailing party.

    Ms. Duggan obtained a variance from a Homeowner's Association CC&Rs' which placed a 10% cap on the number of properties permitted to be rented. The variance allowed the property owner to rent the property in lieu of being forced to sell in declining real estate market.