Turner Law recently obtained a significant jury verdict in 2023, which included punitive damages, for a deed of trust investor who was not paid his fair share when the property was sold after foreclosure, highlighting the importance of protecting the rights of investors in these complex situations. This case underscored the fiduciary obligations that hard money lenders must adhere to, ensuring that all parties involved receive their rightful entitlements.

In a post-trial motion, Turner Law was recently awarded not only the damages but also our client’s attorney fees and costs incurred, which were notably more than the amount of the damages award, reflecting the extensive legal work and dedication invested in securing a just outcome for our client. This victory not only reinforces Turner Law’s commitment to fighting for investor rights but also sends a clear message about the potential consequences for those who fail to uphold their financial responsibilities in real estate transactions.

The defendants should have paid our client long before litigation was filed, and we provided them a number of opportunities to settle, demonstrating our commitment to finding an amicable resolution without the need for extensive legal proceedings, and our ability to win at trial if necessary. This case not only underscores the financial ramifications of delaying payments but also highlights the pivotal role that strategic decision-making plays in litigation. The importance of making reasonable litigation decisions is especially pronounced when there is a potential “prevailing party” attorney fees provision at stake, as it can significantly impact the overall costs incurred by both parties. Turner Law represented the prevailing party of the seminal case establishing reciprocity of statutory fees provisions, TRACT 19051 HOA v. KEMP (2015) 60 Cal.4th 1135, which serves as a critical benchmark in our legal framework and reinforces the need to approach settlement seriously to avoid unnecessary escalation of disputes and expenses.