On May 23, 2023 CDQ attorneys Dan Dowd, Betsy Lamm, Rebecca van Doren, and Jenna Brownlee made a continuing legal education (“CLE”) presentation to a client group on ethical issues in the university setting. Topics included the attorney-client and work product privileges, the ethics of honesty, the duty of supervise, and the duty of confidentiality. The CLE was well received.
In January 2020, CDQ’s client agreed to a seller carry-back loan in connection with its sale of certain commercial real property, pursuant to which CDQ’s client was to be paid approximately $290,000 by July 2020. It was not paid by July 2020 or for months thereafter, resulting in CDQ’s client bringing a breach of contract/judicial foreclosure action against the defendant-payor. The defendant-payor disputed its liability on several grounds and brought counterclaims against CDQ’s client.
Following close of discovery, CDQ attorneys Kevin Moyer and Gabe Aragon assisted the client in securing an advantageous settlement agreement during mediation, pursuant to which the defendant agreed to pay CDQ’s client nearly all remaining amounts due, including default interest, under the terms of the parties’ loan agreement, while also reserving the right to litigate the client’s right to attorneys’ fees and costs. After full briefing and oral argument led by Mr. Moyer for CDQ’s client, the trial court awarded CDQ’s the full amount of attorneys’ fees and all costs requested under the terms of the parties’ agreement, as the successful party under A.R.S. § 12-341.01 and based on the court’s finding under A.R.S. § 12-349 that the defendant defended the action in bad faith, for purposes of delay and without substantial justification.
CDQ attorneys Dan Quigley, Gabe Aragon and Kevin Moyer represented a commercial real estate brokerage firm (the defendant) in connection with a dispute between it and its former client (the plaintiff) arising out of the plaintiff’s sale of approximately 65 acres of land in the West Valley Phoenix metropolitan area. The sale, which was precipitated by a looming foreclosure of the land by the plaintiff’s hard money lender, cleared the plaintiff’s debts and resulted in a substantial profit. After property values for similar properties dramatically increased in the following years due to industrial development activities in the surrounding area, the plaintiff sued, claiming CDQ’s client failed to make certain disclosures and should have secured a higher sale price. The plaintiff sought damages exceeding $8 million. After completion of fact discovery during which CDQ revealed multiple material legal and factual defects in the plaintiff’s claims, CDQ achieved a successful resolution of the plaintiff’s claims in exchange for a nominal payment of less than one percent of the damages plaintiff sought.
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CDQ was born in 1991 with a clear vision of its present and future professional profile. We will specialize in complex commercial itigation. We will embrace the toughest cases and the most interesting, demanding clients.