Personal Injury Law
A primary emphasis in Mr. Trapani's law practice is Personal Injury Law, i.e., auto accidents, slip and fall and/or trip and fall injuries, dog bites or attacks, auto vs. motorcycle, auto vs. pedestrian, product liability and all phases of injury cases [excluding worker's compensation]. However, even if you are injured at work, you could still benefit from a free consultation with Mr. Trapani since often times there are third parties responsible for your injuries, such as a product manufacturer or other third parties which are not subject to worker's compensation laws.
Trapani Law Firm has handled a number of disputes between neighbors and between homeowners and their HOA's.
This includes issues over roads, fences, roofs, basketball hoops, house paint colors, etc.
Some of the more noteworthy cases involved:
1. A nuisance action brought by a homeowner against his next door neighbor for alleged damages and diminution in value of his home due to the neighbor's (HOA approved) installation of a sport court and lighted basketball hoop. This case generated local news coverage. The plaintiff claimed $500k lost value for interference with his view corridor to the first tee box and clubhouse in the exclusive gated Serrano community in El Dorado Hills, Ca. We won the 3 day trial which permitted my client to retain his sport court and he recovered his legal fees from the complaining party. Kehoe v. Passi, Serrano El Dorado.
2. An action against the local government brought by a family who was being harassed over the choice of their house paint color (yellow). This case generated local and national news coverage. We defeated the local government (yes, you can "beat City hall") and the family was allowed to keep their home its cheerful yellow shade. My client's recovered their legal fees. Bula v. El Dorado Hills Community Services District.
3. We brought an action for an elderly couple and a husband who was suffering with a lung condition against the (unemployed) neighbors who were chain smoking throughout the day and night causing smoke to waft into the client's home, master bedroom and HVAC system. This case was resolved via settlement. Ganguet v. Solone
David Trapani is an expert at Foreclosure Law.
Some noteworthy cases include:
1. Defense of an action brought by a property purchaser against my clients who had purchased the same property at a foreclosure sale. Unbeknownst to my clients, while they had bid on and won the purchase of a property at a foreclosure sale, the former owner was at the same time closing escrow to sell the property to a third party. My client had the "trustee's deed" to the property after foreclosure and the other party claiming ownership had a "grant deed" out of escrow. We lost at trial, but won the case on appeal and my clients won title to the property. Nguyen v. Calhoun.
2. Carson v. Wells Fargo Bank - This was an action we brought against Wells Fargo on behalf of a family who had reached an oral loan modification with the bank. The bank reneged on the loan modification and proceeded to foreclosure. We won a restraining order and kept the family in their home for approx. one year without any mortgage payments. The trial court then denied the preliminary injunction. This case is currently on appeal. We are seeking to make some case law precedent establishing a "good faith" requirement on banks to live up to their agreements with homeowners.
3. Zeller v. IndyMac (One West Bank) - This is an action (currently pending) we brought against the lender for homeowners to stop an eviction after a foreclosure sale for wrongful foreclosure. We won the restraining order and the clients have retained their home for nearly 1 1/2 years without mortgage payments via court order.
4. Tenuto v. Chase Home Finance, LLC - This is an action currently pending where the client is a 74 year old gentleman who was duped into a loan when the lender fraudulently inflated income on the loan application, stating that the borrower was making $30,000 per month when he was making less than 1/3 that amount. This typed portion of the loan application was not disclosed to the borrower and he did not sign or initial the page containing this data. We won a restraining order preventing foreclosure of his home on December 1, 2010.