Speaking to those who have been represented by Marcin Lambirth, LLP and those who we have opposed and three words keep coming up – tough, aggressive and resourceful.  We have mastered remedies and collections as well.  Our firm represents and has represented large financial institutions and corporate clients, including Wells Fargo Bank, Lockheed Federal Credit Union, Downey Savings and Loan (now US Bank), Far East National Bank, Western Commercial Bank, Affinity Bank, Bank United, San Diego Private Bank and California Bank and Trust in major cases in California.  Marcin Lambirth focuses on serving a wide variety of needs for these institutions, as well as handling a broad range of commercial and defense litigation for our clients.

 

Commercial Collections
We represent clients in matters involving enforcement of loan agreements, promissory notes, leases and other credit obligations, and the recovery of personal property collateral and/or the foreclosure upon real property security resulting from defaults under such credit obligations.  We actively pursue prejudgment remedies to secure our clients’ rights, gain leverage and induce early settlement.  We also advocate the use of alternative dispute resolution, when appropriate and cost-effective, and are frank in telling clients when a case is weak or recovery is unlikely.

 

Defense
We offer expertise in defense of claims against banks, leasing companies and other financial institutions.  Our years of experience coupled with our thorough understanding of our clients’ operations allow us to focus on the material issues of each case.  We have first-hand experience in representing commercial clients before juries, personalizing the institutions and communicating complex concepts in lay terms.

 

Employment
We offer expertise that combines our deep understanding of banking coupled with the depth and breadth of our litigation experience in handling labor problems stemming from wrongful termination, harassment and discrimination lawsuits filed against employers.

 

Workouts/reorganizations
We represent creditors in complex commercial workouts, often relative to problem real estate loans.  We re-document transactions to minimize the exposure to liability.

Great Western Bank adv. Contract Benefit Administrators
The Bank was accused of wrongfully transferring funds form five commercial deposit accounts to an unauthorized, disgruntled former partner who too the money, opened a competing business, all of which caused irreparable damage to the plaintiff. After an 8 day jury trial, we obtained a defense judgment and plaintiffs took nothing.

Bith LLC v. Downey Savings & Loan (now US Bank)
We successfully removed the bank from a major lawsuit very early in the case (by way of "demurrer"), by showing that the Bank could have no legal duty to the Plaintiff under any legal theory that the plaintiff sought to advance.

Beltran v. Downey Savings & Loan (now US Bank)
We successfully defended the bank by winning a motion to dismiss against claims that the bank violated FILA (federal truth in lending laws) and related claims.

Wong v. International Bank of California
We successfully defended the bank against claims that it and its branch manager had conspired with Plaintiff’s partner, allowed unauthorized disbursements and defrauded Plaintiff. After a 15 day jury trial the bank obtained a favorable result and Plaintiff in fact had to repay the for the disbursements.