Ms. Ceizler has many years of experience handling complex litigation
and transactional matters. She has handled hundreds of cases.
Below is a description of some of the matters on which she
has
worked.
Toxic Torts (including
benzene, asbestos, and silica)
CONTRACTS
Ms. Ceizler has significant litigation experience with contract
disputes, but she also assists businesses in avoiding disputes by
reviewing and revising their contracts to remove ambiguities and terms
that can lead to confusion and therefore litigation. Such
reviews generally take only a few hours at most and can save tens of
thousands of dollars in future litigation expenses.
Ms. Ceizler represented a Fortune 100 company in Federal Court in a
contract dispute. The client, who supplied pieces of medical
equipment to the plaintiff, had removed some materials from plaintiff's
premises. Both parties claimed they were entitled to the
materials under the contract and sued each other. After
months of
discovery, several depositions, and several rounds of settlement
negotiations, Ms. Ceizler petitioned the Court the week before trial to
exclude the medical center's key evidence. That motion was granted and
the case was favorably settled thereafter.
Ms. Ceizler represented a large corporation in a dispute with a
contractor who had performed his work in a sloppy manner. The
contractor sued, claiming he was entitled to payment. During
deposition, Ms. Ceizler got the plaintiff to admit he had not performed
the work required by the contract in an acceptable manner. The case
settled soon after, with Ms. Ceizler's client agreeing to pay only a
fraction of the amount plaintiff alleged it owed.
Ms. Ceizler represented a Fortune 500 company in a dispute related to
the installation of a new kitchen in plaintiff's home.
Plaintiff
claimed that the company had not installed the kitchen she paid for,
she did not sign the contract, and the installation was inadequate.
During site inspections with experts, it was confirmed that
the
kitchen that was installed matched the kitchen ordered.
During
deposition, plaintiff admitted the signatures on the contract were
hers. And, experts confirmed the installation was adequate
and up
to industry standards. The case, in which plaintiff sued for
approximately $30,000, settled for a $500 gift card.
Ms. Ceizler has experience representing homeowners in disputes with
construction companies, sellers, and subcontractors. Ms. Ceizler
has also represented large companies who have been involved with
construction defect claims asserted against them in large subdivision
litigation matters which involved special masters and dozens of
parties. Ms. Ceizler's ability to work well with opposing counsel
and diligently follow up in such matters ensures her clients' interests
are vigorously represented.
Ms. Ceizler represented a public utility that was sued in a trip and
fall case. Plaintiff was injured while walking on a sidewalk
that
had some raised and cracked areas. Plaintiff's hand was cut
open
and surgery was necessary to repair the damage. Plaintiff
claimed
a leak in a water line for which Ms. Ceizler's client was responsible
caused the injury. Plaintiff also claimed she was entitled to
indemnification from Ms. Ceizler's client. During discovery,
it
was shown that there was no leak in the water line.
Additionally,
after Ms. Ceizler challenged plaintiff's right to sue (as she was not
the owner of the property on which the accident occurred), plaintiff
dismissed Ms. Ceizler's client from the case.
Ms.
Ceizler represented a Fortune
100 company that was sued in a dog bite dispute. Plaintiff
lived
in a trailer home which was owned by a subsidiary of the defendant.
Plaintiff was attacked by another tenant's pit bull and sued the
defendant for failure to control a dangerous condition (the pit bull).
During mediation, Ms. Ceizler presented legal authority that
stated her client could not be held liable as a matter of law.
The case thereafter settled favorably. back to top
BREACH OF FIDUCIARY
DUTIES/FRAUD
Ms. Ceizler represented a shareholder and officer in a lawsuit against
another shareholder that had allegedly stolen money from the parties'
company through a variety of creative schemes ranging from false rent
payments to misdirected bank funds. After several discovery
motions were granted and other discovery revealed a double set of
books, the case settled favorable for Ms. Ceizler's client.
Ms. Ceizler represented a radio station owner in a lawsuit filed
against a former station manager for alleged embezzlement of station
funds and misdirection of funds to the station manager's personal
account. Eventually, the station manager admitted that some
of the funds may have been mistakenly converted, and a settlement was
reached whereby Ms. Ceizler's client was reimbursed a significant
portion of the funds with a promissory note secured by the station
manager's real property.
Ms. Ceizler represented a public entity
that was sued after a driver broke his back when he drove through a
sinkhole that plaintiff claimed was caused by Ms. Ceizler's client's
negligence. In addition to the plaintiff, the workers
compensation carrier sued to recover more than $200,000 it had
paid on the plaintiff's claim. Ms. Ceizler aggressively defended
the claims in discovery, located an expert to testify that her client
had not acted negligently, and located a witness who was willing to
testify at trial that the scene was safe at the time of the
accident. The case settled for an amount several hundred thousand
dollars less than plaintiff's demands prior to the lawsuit.
Ms. Ceizler represented a Fortune 100 company that was sued when one of
its drivers hit a pedestrian which resulted in severe injuries,
including hemiplegia (paralysis of one side of the plaintiff's body).
Through discovery, Ms. Ceizler was able to show that certain of
plaintiff's claims were demonstrably false and found evidence
that significantly reduced claims associated with lost wages and
future income. A structured settlement was reached by which the
fewest immediate out of pocket dollars were spent by defendant and the
plaintiff was able to arrange for lifetime care and a steady stream of
income. The settlement cost Ms. Ceizler's client significantly
less than a full cash payment and provided plaintiff with ongoing
financial security. Both parties were satisfied with the outcome.
Ms. Ceizler represented a company in a personal injury matter where
plaintiff received a strong shock while working on some wiring.
During deposition, Ms. Ceizler elicited testimony that showed the
plaintiff had misrepresented the truth in discovery responses and knew
his actions on the day of the accident were improper and likely to lead
to injury. The case settled favorably for Ms. Ceizler's client
shortly after the deposition. back to top
REAL PROPERTY
In a condemnation matter, Ms. Ceizler represented a large
telecommunications company for relocation expenses associated with a
taking of property that required the relocation of a telecommunications
tower. The property was located in the City of San Francisco.
After failing to reach a settlement with the City of San
Francisco that had offered compensation that was neither full nor fair,
Ms. Ceizler appealed the offer to the City of San Francisco Real
Property Department. After a hearing in front of the board, Ms.
Ceizler convinced the City of San Francisco to rule against its own
department, and her client was fully compensated for every claim it
made. The Real Property department advised Ms. Ceizler that she
was the first lawyer to bring such a claim successfully in more than
ten years.
In a dispute that arose among family members due to an erroneous
transfer of real property, Ms. Ceizler represented parents that
intended to transfer 1/3 of their holdings to one of their three
children. They mistakenly transferred all of the interest in the
properties to just one of the children and their daughter-in-law
refused to return the assets. The matter involved over a dozen
properties, with a combined market value in excess of $18 million,
varying from single family residences to commercial properties to
multi-unit complexes. A complicated settlement was reached
after more than three months of negotiation through which various
properties were exchanged tax free among the parties.
Ms.
Ceizler has represented several companies in condemnation matters
and has developed a good working relationship with many of the
relocation consultants and law firms that regularly represent litigants
in such matters. As a result, she is able to settle claims quickly and
efficiently for fair value on behalf of her clients. back to top PRODUCTS
LIABILITY
Ms. Ceizler represented a Fortune 100
company against a claim that a piece of its medical equipment had been
improperly designed and its failure caused a severe back injury.
Through site inspection and several depositions, Ms. Ceizler
showed that the piece of equipment had been improperly maintained by
the plaintiff and the failure was due to plaintiff's unauthorized
attempt to perform maintenance work on the machine. After
pre-trial matters began in the case, the judge strongly advised
plaintiffs to settle and plaintiffs wisely followed the judge's advice
after which the case settled for a very low value.
Ms. Ceizler represented a large company against a claim that an
electrical panel that it manufactured was unsafe because of the force
with which it returned to the "on" and "off" positions. Plainitff
had attemtped to use the panel by improperly bending under an
obstruction that another defendant in the case
had improperly placed around the panel. Through discovery, Ms.
Ceizler's client was able to show that the tension on the panel's on
and off switch was necessary to avoid dangers associated with
electricity and that the equipment had been carefully and properly
manufactured. The matter settled favorably.
In a minor matter, plaintiff
sued Ms. Ceizler's client
claiming that a refrigerator had been improperly designed such that a
bottle of salad dressing flew out of the door when it was closed and
broke plaintiff's toe. Relevant information and case law was
provided
to the Court and the case was decided in defendant's favor. back to top NUISANCE CLAIMS
Ms. Ceizler represented a Fortune 100 company in a nuisance claim
brought by a neighbor to one of the company's facilities. The
neighbor claimed that a noise from the facility was a nuisance and had
resulted in a medical condition. Ms. Ceizler's client claimed the noise
had always been present, did not rise above permitted levels, and was
not a nuisance. Through discovery, Ms. Ceizler learned that the
alleged medical condition was completely unrelated to her client's
facility and plaintiff's treating doctor admitted this fact at
deposition. The matter settled favorably just prior to the start
of trial.
Ms. Ceizler was part of the defense team that represented a Fortune 100
company against claims that buried hydrocarbons that had been in the
ground for more than 30 years constituted a public and private
permanent and contiuing nuisance. Plaintiffs lived in a
neighborhood where Ms. Ceizler's client was voluntarily removing the
material, but they lived several streets away from the location of the
remediation work. The case was dismissed in its entirety when a
motion was filed based on statute of limitations claims and plaintiffs'
failure to show any damages. back to top TOXIC TORTS DEFENSE
Ms. Ceizler oversaw the day-to-day
management of DuPont's California asbestos docket for several
years. Through a combination of aggressive representation and the
formation of strong positive working relationships with
plaintiffs’ counsel, Ms. Ceizler was often able to obtain
dismissals through informal negotiations which resulted in
significant savings to her client. Where such negotiations
were unsuccessful, dismissals were often obtained as a result of filing
a motion showing plaintiffs had no evidence of DuPont's liability.
Ms. Ceizler has represented several major companies in benzene
litigation matters involving allegations that her clients' products
contained benzene that caused plaintiffs' alleged injuries.
Ms. Ceizler has defended companies in California's silica litigation
since the first significant mass filings were filed in San Francisco
Superior Court. Ms. Ceizler took the lead in drafting a demurrer
in the mixed dust cases (silica and asbestos) that was sustained and
resulted in the dismissal of all the silica matters in San Francisco.
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