Bernard M. Resser is an accomplished trial lawyer and former federal prosecutor, applying 30 years of experience to deliver innovative trial techniques to a diverse and sophisticated clientele. His practice encompasses litigation in the areas of real estate, business, intellectual property, competitive business practices, insurance, local government contracts and creditors' remedies.

Bernie's unique and effective use of state-of-the-art trial presentation methods has been featured in the National Law Journal and on the Law.com website, and his successes have been covered by the Los Angeles Times and the Los Angeles Daily Journal. Bernie is a partner of the firm and Chairman of its marketing committee. He is active in the community, having served on the boards and as an officer of non-profit organizations, including as president. Bernie and his wife of over 28 years have two children.

Notable Results:

• Won Summary Judgment against 40 individual plaintiffs and defeated motion for class certification in case involving a nine figure planitiffs' demand against owner of 350 unit apartment complex in Santa Monica, CA. Obtained dismissal of alleged claims for breach of implied warranty of habitability, public nuisance, fraudulent concealment, negligence, and unfair business practices and all class claims in Complex Los Angeles Superior Court action.
• Won Special Motion to Strike lawsuit alleging age discrimination and Unfair Business Practices by radio network and radio talk show host based on First Amendment rights of network and host; recovered award of attorneys' fees; dismissal upheld on appeal in published opinion including award of attorneys' fees.
• Won $1,700,000 breach of contract judgment after two week Superior Court jury trial involving two of the nation's largest real estate developers; won appeal in which judgment was affirmed in full and review was denied in the California Supreme Court; collected $2,000,000 judgment and interest after appeals were denied.
• Won emergency order - writ of possession and successfully resolved case for Madison Avenue media and advertising company in contract action against company represented by Johnny L. Cochran, Jr. and Carl Douglas of "O.J. Dream Team" fame.
• Successfully resolved $11,500,000 dispute over the purchase price of a 350 unit apartment complex through binding mediation between client, one of nation's largest pension funds, and leading real estate developer/manager.
• Won summary judgment in Superior Court for financial institution on title issue establishing validity and priority of security for $3,100,000 shopping center loan.
• Successfully resolved real property dispute for a leading media company over alleged right to restrict aerial access to giant wall mural in downtown Los Angeles overlooking Staples Center.
• Won expungement of lis pendens that was preventing sale or refinancing of client's apartment complex and obtained order for recovery of all attorneys' fees, leading to dismissal of action by plaintiff and financial settlement.
• Won $2,500,000 compensatory and punitive damages judgment in securities and fraud case against Beverly Hills business manager; won appeal and collected judgment from funds held in Swiss bank.
• Won Federal Court trial enforcing settlement agreement and dismissing $75,000,000 underlying claim against OEM automotive parts manufacturer; won appeal in Ninth Circuit Court of Appeals affirming judgment; recovered attorneys' fees at trial and on appeal.
• Won reversal of dismissal in Court of Appeal and co-tried jury trial on remand against major insurance company in insurance coverage/bad faith case; jury returned verdict in first phase of trial in 45 minutes, leading to confidential settlement.
• Won three week jury trial co-tried in business fraud - partnership dispute leading to $2.32 million judgment. Brought securities fraud action in aid of enforcement of first judgment leading to collection of entire judgment.
• Won judgment for defendants in two actions filed by minority shareholder against corporation and management for breach of fiduciary duty, improper issuance of shares, breach of contract, and fraud. Won motions for summary judgment in both actions defeating all claims before trial.
• Obtained Director and Officer Liability coverage and payment of defense fees and costs in after insurer withdrew coverage and defense of minority shareholder lawsuit against client corporation and its management.
• Successfully resolved claim against $500 million real estate investment fund alleging alter ego liability as member of limited liability company for $13 million construction contract. Case resolved through mediation while motion for summary judgment was pending.
• Obtained injunction and appointment of Receiver pending non-judicial foreclosure of $28,000,000 mortgage loan on luxury apartment complex in Warner Center for major mutual life insurance company recovering over $600,000 in net income before property was recovered by client through foreclosure.
• Won Preliminary Injunction in shareholder derivative action against officers, directors, and shareholders of corporation who wrongfully seized control by mortgaging and misappropriating corporate opportunities and assets, leading to successful resolution of dispute for clients who were former majority shareholders and a director of corporation.
• Won preliminary and permanent injunctions against raiding of employees by competitor and former employee working for competitor.
• Won Judgment for Issuance of Writ of Mandate for shareholder directing corporation and officer of corporation to produce corporate records. Obtained Judgment of Contempt following disobedience of Writ of Mandate.
• Won Judgment for Respondent corporation defeating Petition for Writ of Mandate brought by dissident shareholder seeking competitively sensitive corporate records.
• Successfully resolved dispute between majority shareholder-board chair in dispute with dissident minority shareholders-officers.
• Successfully resolved dispute between minority shareholder/member and officer of two corporations and a limited liability company through action for dissolution that resulted in mediated multi-million dollar buy-out agreement.
• Successfully resolved action by former shareholder of corporation claiming interest in real property acquired by shareholders for benefit of the corporation, but held in their individual names. Obtained agreement by former shareholder to deed and release any interest in real property to the corporation.
• Won claim litigation establishing validity of real estate secured lender's $3,363,000 claim against shopping center over objection in bankruptcy case; recovered full claim for attorneys' fees in underlying action, totaling $300,000.
• Obtained order for real estate secured lender lifting stay of foreclosure on $45,000,000 loan secured by Santa Monica office building and requiring counsel for debtor to disgorge $108,500 in legal fees and pay client's fees in sanctions. 
• Won numerous writs of attachment, orders appointing receiver, writs of possession, preliminary injunctions (including against moving assets out of state) for lenders and creditors.
• Won UCC-9 assignment of commercial paper case after removal to federal court and motion for summary judgment.

Reported Cases:

• Ingels v. Westwood One, 129 Cal.App.4th 1050 (2005)
• TH & T Int'l v. Elgin Indus. 2000 US App Lexis 8514 (9th Cir. 2000)
• Hobbs v. Weiss, 73 Cal.App. 4th 7 (1999)
• Paul v. State Farm, 193 Cal.App.3d 2 (1987) (depublished without change by Supreme Court)

Court Admissions:

• All state and federal courts in California
• Ninth Circuit Court of Appeals

Lectures:

• MCLE Faculty Lecturer: "Company Assets, Confidential Information and the Mobile Employee," Newport Beach

Publications:

• Legal Update, Spring 2009  (PDF file)
  When Foreclosure Looms: Solutions for Real Estate Owners, Investors, and Lenders, by Bernard M. Resser
• Legal Update, Winter 2008  (PDF File)
  Available Remedies For Breach of Real Property Purchase and Sale Agreements, by Bernard Resser

Awards & Recognition

• Martindale Hubbell "AV" Rated
• "Super Lawyer" in Business Litigation, Law & Politics, 2005-2010
• Leading Plaintiffs' Lawyer in lawdragon 3000 Guide, 2007
• Five dragons (highest rating), lawdragon

Memberships & Community Involvement

• Los Angeles County Bar Association, Real Estate Section, Member
• American Bar Association, Litigation Section, Member
• Association of Business Trial Lawyers, Member
• State Bar of California, Member
• Los Angeles Superior Court, Former Judge Pro Tem
• Million Dollar Advocates Forum of Top Trial Lawyers in America, Member
• Kehillat Israel, Pacific Palisades, CA, Past President of the Board of Trustees