Wrongful death case in which pedestrian who was crossing Pacific Coast Highway near, but not in, a crosswalk was hit by a vehicle. Plaintiff claimed the design of the crosswalk was defective. We prevailed on design immunity and our motion for summary judgment was granted.
Sex Crimes
Chris Wesierski has tried cases through the years for most of the restaurants in Orange County, including many large chains. He has represented stores as well as hotels in numerous trials and arbitrations for risk analysis. He has tried rape cases and shootings as well as assault and battery cases in both the state and federal courts to success.
Assault
Frank D’Oro has an unparalleled record of success in the area of premises liability defending stores and municipalities against any type of case that can be pled including assault and battery, sexual attacks, false imprisonment, false arrest, slip and fall, trip and fall, and inverse condemnation. His trial success makes him one of the busiest attorneys in the state in this area.
Choosing the type of business entity to use in the operation of a business is one of the most important decisions that a business must make. Most business people want to avoid personal liability for the obligations incurred in the operations of the business while maximizing the financial benefits of the business. There are many possibilities from which to choose and Wesierski & Zurek can help with these decisions.
Business Disputes
Wesierski & Zurek provides a full range of general civil litigation, arbitration and mediation services to its clients, both regional and national, and in all State and Federal Trial and Appellate Courts throughout California and the western United States. The many areas of litigation expertise possessed by the Firm’s attorneys include business and related commercial disputes of all types, as well as real estate, construction, taxation, and secured transactions. In addition to their experience in the litigation of such contractual matters, the Firm’s attorneys also have experience in the litigation of related business torts cases, intellectual property disputes, and employment controversies, on behalf of both employers and employees. The success of the Firm in this practice area arises from the breadth of its attorneys’ experience in analyzing with clients the myriad complex issues inevitably involved in modern business disputes, counseling clients engaged in a broad variety of business endeavors, and ultimately litigating countless matters of behalf of the Firm’s clients.As a result of the extensive experience of its trial attorneys, the Firm is uniquely positioned to provide prompt evaluation of civil litigation matters, whether large or small, and to give timely advice to its clients regarding litigation strategy, settlement, pre-trial discovery and disposition, and limitation of issues in the event of trial or arbitration. The Firm’s goal is to achieve the best ultimate result for its clients, whether it is achieved through a summary litigation procedure of through multi-party complex civil litigation. The Firm has achieved considerable success and recognition in complex, multi-party cases involving this full range of civil litigation matters.
Business Transactions
Limited Liability Companies
The Firm provides advice and counseling to our clients to assist them in outlining and analyzing the many factors that distinguish various business entities, and in selecting the one that is right for them. These entities include general partnerships; limited partnerships; corporations (including “S†corporations) limited liability companies, limited liability partnerships; and even sole proprietorships. In addition to assisting our clients during that crucial entity selection process, our attorneys are also experienced in providing the related services involved in formation of the chosen entity and in getting it up and running.
Trade Secrets
Intellectual Property
Unfair Competition
Wesierski & Zurek’s attorneys have combined decades of experience representing employers in wide-ranging employment litigation, including wrongful termination/constructive discharge, discrimination, retaliation, harassment, wage and hour violations, leave violations and unfair competition claims.
July 27, 2006. Christopher Wesierski, along with 3 other prominent labor law attorneys in the Orange County area, was invited to be a guest speaker for the Employment Law Update that was offered by Sterling Education Services in Irvine, California on Thursday, July 27, 2006. The seminar covered today’s hottest employment law topics, such as employment law developments, immigration and employment law, the California Wage and Hour laws, harassment issues, privacy in the workplace, internal investigations, protecting at will employment as well as Mr. Wesierski’s presentation on the overlap of ADA, FMLA and workers compensation when dealing with absences of ill, injured and disabled employees.
Wrongful Termination
The case was a breach of contract and bad faith case; the demand was at one time $20,000,000, and the offer was $800,000. The jury found unanimously (12-0) in favor of Mercury Insurance and delivered the verdict in 45 minutes. The case had been pending for over five years. This was three defense verdicts for Chris Wesierski and Debbie Murphy in a row. Interestingly, Chris Wesierski tried a case involving sexual harassment and wrongful termination 30 years ago to Judge Robert Takasugi who was the father of Judge Jon Takasugi, who was the judge in this case. He was able to obtain a defense verdict in that case as well so he has two defense verdicts for cases involving a father and son as judge.
Employment Contract
The Firm provides its services and advice in both the formation stage of the business, as well as the operations phase that follows. As a result of that close involvement with our clients throughout the life of the business, the Firm’s attorneys are uniquely qualified to assist our clients in the myriad transactional questions that inevitably arise. These issues often involve commercial transactions under the commercial code regarding the purchase and sale of goods and services; purchase and sale of real estate; licensing and distribution agreements; royalty agreements; stock option agreements; stock purchase agreements; confidentiality agreements; non-disclosure agreements; buy-sell agreements; business purchase and sale agreements; business dissolution and/or disassociation agreements; and employment agreements (including termination agreements). All such matter can have extensive implications for the business and its owners. Wesierski & Zurek can assist in considering and addressing these and the many other contract and commercial transaction issues for the business.
Employment Litigation
We have successfully litigated employment claims in both state and federal court. Occasionally, we represent plaintiffs.  We have pursued and defended claims before administrative agencies, including the Department of Labor Standards Enforcement and the Department of Fair Employment and Housing.
Sexual Harassment
Our firm provides training in sexual harassment prevention to comply with the recent changes in the law brought about by AD 1825 (Government Code Section 12950.1) This change requires employers with 50 or more employees to provide their supervisors with extensive “interactive†training and education by the end of 2005 and at 6 month intervals thereafter to ensure timely training of new supervisors who may have joined your company since the date of the last training seminar held at your company.
Congratulations to Frank D’Oro and the entire WZ litigation team for a defense verdict in favor of our client Northgate Gonzalez Markers in a premises liability case with alleged damages approaching 400,000.
Construction Litigation
The Firm has represented numerous general contractors and subcontractors on all types of construction defect work. Chris Wesierski and Tom Wianecki as well as Terence Carney have dealt with the problems that arise in this area.
Real Estate Transactions
The attorneys at Wesierski & Zurek handle disputes that are as varied and complex as today’s business world. Our business litigation practice defends disputes related to contracts, company formation, fraud, misrepresentation, conversion, unfair and deceptive trade practices, partnership dissolution, joint venture, tort and lender liability, real estate transactions, manufacturing, employment litigation, and professional malpractice. In addition, our attorneys have extensive experience handling the difficult and unique challenges presented by class actions.
The Firm’s attorneys keep abreast of up-to-the-minute changes in appellate case law and new theories of defense in this rapidly evolving area of personal injury law. This experience and knowledge enables the Firm to obtain favorable settlements in liability situations, or extricate clients by way of motions to dismiss and defense verdicts at trial. If a losing plaintiff appeals a successful motion to dismiss or defense verdict, the Firm’s attorneys are also very experienced and well-versed in protecting those successful results at the appellate court level.
Medical Malpractice
Our insurance coverage attorneys have extensive experience resolving insurance claims and coverage concerns through mediation and litigation. We represent insurance companies in all forms of litigation, including auto accidents, slip-and-fall accidents, products liability, medical malpractice, business disputes, and related matters.
October 3, 10 and 17, 2003. Chris Wesierski, Tom Wianecki, Terence Carney and Joe DuBois partnered with the CPA firm of Thomas and Fees for a compliance seminar for dentists and dental assistants necessary for renewal of their professional licenses. Among the topics for this seminar were tax issues, forming business partnerships, independent contractors, employment law issues and avoiding dental malpractice claims.