John R. Tate

Lead trial counsel for Huy Fong Foods in public nuisance action filed by the City of Irwindale over odor complaints allegedly caused by the manufacturing of sriracha sauce. Successful defense included both legal proceeding and actions before the city council. (L.A. Cnty. (Cal.) Super. Ct. 2014)

Served as outside trial counsel for the California Board of Accountancy in an administrative disciplinary action against the accounting firm KPMG, its audit partner, and members of its audit staff for professional errors in their audits of Orange County, Calif., and its investment fund immediately prior to the county's filing for bankruptcy. The administrative trial lasted more than 100 days and resulted in professional disciplinary action against the licenses of KPMG and its audit partner, which was upheld on review. The case represents only the second time that a big five audit firm has been disciplined. (Administrative Hearing, California Department of Consumer Affairs 2000)

Defended two regional hospital systems and their joint venture affiliate in multidistrict litigation against a variety of claims, including federal and state RICO violations, securities fraud, fraudulent conveyance, conversion, and breach of fiduciary duties arising from the sale of a life insurance company that subsequently went into receivership as the result of criminal misconduct by the buyers. Favorable resolution of these claims. 907 P.2d 63 (D. Ariz. 2005)

Pursued derivative claims for breach of fiduciary duties against the general partner of the master limited partnership that owns and operates Hard Rock Cafe restaurants. The action resulted in the sale of defendant's equity to outside investors. (L.A. Cnty. (Cal.) Super. Ct.)

Defense of a large healthcare system and its affiliate through trial against claims by a local church organization pertaining to the governance, transfer, and eventual sale of a local hospital and the resulting use of sale proceeds. Settled favorably after seven-day trial. (Maricopa Cnty. (Ariz.) Super. Ct.)

Obtained early dismissal of False Claims Act and retaliation claims asserted by an ambulance service relator. (N.D. Cal. 2013)

Chief trial counsel representing 18 mental health providers seeking payment of claims in excess of $18 million for mental health services provided to Short-Doyle/Medi-Cal beneficiaries that were not paid due to defects in the claims processing systems of the state and county. (L.A. Cnty. (Cal.) Super. Ct. Ongoing)

Prevailed in defense of the California Public Employees' Retirement System in an action by retired firefighters seeking to alter the premium contribution obligations of contracting public agencies under the Public Employees' Medical and Hospital Care Act (California Government Code sections 22751, et seq.). 202 Cal.App. 4th 1563 (2012)

Defense of two hospital systems in qui tam actions purporting to enforce Medicare's Secondary Payor provisions (42 U.S.C. § 1395y(b)(3)). Plaintiff sought recovery of all Medicare funds paid to treat alleged but unspecified hospital malpractice injuries. The cases were dismissed while on appeal to the 9th Circuit Court of Appeals. (C.D. Cal.)

Defense of three hospitals in litigation brought under California Business & Professions Code Section 17200, et seq., against California hospitals and medical-records copying companies for the alleged violation of state statutes regulating the manner and cost of providing medical records to patients and their counsel. (Alameda Cnty. (Cal.) Super. Ct., S.F. Cnty. (Cal.) Super. Ct.)

Defense of lender in action by homeowner over the disbursement of home equity loan proceeds by former loan officer. (Orange Cnty. (Cal.) Super. Ct.)

Defending mortgage bankers and mortgage brokers in more than 40 separate cases involving sub-prime loans filed by IndyMac Bank and the FDIC asserting claims for loan repurchase, loan loss indemnification and professional negligence. These claims have included purported breaches of various representations and warranties and involved a variety of defenses including the applicability and enforceability of IndyMac's Seller/Lending Guide. (L.A. Cnty. (Cal.) Super. Ct., C.D. Cal. Ongoing) 

Representation of Mello-Roos bondholders seeking to compel distribution of delinquent bond payments. (L.A. Cnty. (Cal.) Super. Ct.)

Defending mortgage bankers and mortgage brokers in numerous cases involving sub-prime loans filed by First Franklin asserting claims for loan repurchase, loan loss indemnification and professional negligence. BC358562 and 1-06-cv-069771 (L.A. Cnty. (Cal.) Super. Ct., Santa Clara Cnty. (Cal.) Super. Ct. Ongoing)

Pre-litigation representation of various mortgage brokers and mortgage bankers regarding repurchase, indemnification, professional negligence, and related issues arising from the origination of residential loans.