Lurie Zepeda Schmalz

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Mon - Fri:	9:00 am - 5:00 pm

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Phone: (310) 274-1628

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Beverly Hills, West Los Angeles

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Lurie Zepeda Schmalz & Hogan APC

Scmalz, Kurt L

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Phone: (310) 274-8700

Address: 9107 Wilshire Blvd, Beverly Hills, CA 90210

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Lurie Zepeda Schmalz

Child Custody and Visitation
Successfully represented the daughter of Columbo star Peter Falk in a highly-contested conservatorship proceeding to secure visitation rights. Conservatorship was granted and visitation was ordered by the Court, despite the fact that the law does not specifically grant the Court such power.
Guardianship
Troy L. Martin was interviewed by USA Today to provide analysis of the Britney Spears’ conservatorship and opinions regarding the case’s impact on conservatorship law. “’But we have a saying in the law that ‘hard cases make for bad laws,’ so hopefully, advocates (of reform) will realize that guardianships and conservatorships play an important role […]

Criminal Defense
During law school, Ms. Stewart externed for the Honorable Chief Judge Stanley A. Bastian in the United States District Court for the Eastern District of Washington where she worked on both civil and criminal matters. Ms. Stewart also acquired experience in the real estate litigation when she worked for the Neighborhood Legal Services of Los Angeles County Shriver Clinic, helping tenants preserve their housing rights. She was also a member of the International Baseball Arbitration Moot Court team that placed at the Tulane International Baseball Arbitration Competition in 2022.
Wrongful Death
Sued insurance company for bad faith and breach of insurance contract for refusing to contribute to settlement of very high profile wrongful death and personal injury case resulting from an explosion in an apartment complex caused, in part, from glycerine in the fire suppression system. Insured contractor had settled without insurer’s consent because, although insurer was defending insured against plaintiffs’ case, it had failed and refused to defend or indemnify indemnity claims by other parties, leaving insured in untenable position. Settled case at early mediation.
Fraud
Successfully pursued an anti-SLAPP motion for clients in response to a malicious prosecution action brought by a former defendant in a securities fraud action. The trial court granted the anti-SLAPP motion, denied opposing side’s motion for discovery, dismissed its malicious prosecution action and awarded attorney’s fees to our clients. Prevailed on appeal, obtaining dismissal in favor of clients.
Embezzlement
Successfully represented an insurance brokerage in prosecuting claims of breach of fiduciary duty relating to employee embezzlement and misappropriation of trade secrets. Employee had stolen confidential client information. After two-month jury trial, jury rendered $1.1 million verdict in favor of client. Obtained judgment against the employee as well as her new employer for misappropriation of trade secrets.
Restraining Order
Litigated a real estate foreclosure and lender liability case for borrower against a money center bank affiliate. The lender had attempted to foreclose on a large estate home building development in Malibu Canyon, even though assignor bank had promised a loan extension and conditions had been met. Defeated lender’s application for appointment of receiver and obtained a temporary restraining order and preliminary injunction before case was settled for client.
Forgery

Business and Corporate Law

Business Disputes
Troy Martin is an astute litigator who resolves clients’ complex Trusts, Estates & Probate matters and Business disputes. His focused yet kind demeanor brings clients peace-of-mind during highly-contentious situations. Applying experience gained from handling a wide range of matters in federal and state courts, mediation and arbitration, Mr. Martin carefully reviews the merits of a case to establish a strategy, discussing the benefits of alternative approaches with his client.
Trade Secrets
Intellectual Property
Your intellectual property can become compromised by an employee, competitor or an online hacker, putting your company’s future at risk. Alternatively, you may be accused of intellectual property infringement. At Lurie, Zepeda, Schmalz, Hogan & Martin, we prosecute and defend matters related to our clients’ valuable intellectual property, including client lists, manufacturing processes, software and product design. Throughout the process of gathering evidence, formulating a strategy and seeking resolution, we remain sensitive to your goals and needs.
Unfair Competition
Defended a major refiner in mass actions filed by its franchisees asserting contract, unfair competition and antitrust claims arising from point-of-sale and back-office accounting system, wholesale gasoline pricing and selection of third-party vendors. Devised case strategy and implemented discovery plan.
Antitrust
Successfully defended one of the nation’s largest airlines in antitrust litigation brought by other airlines in connection with the client’s development and operation of a highly successful computer reservation system. Participated in virtually every aspect of the case, including the trial in Federal Court.

Wrongful Termination
“The partners and associates at Lurie, Zepeda, Schmalz, Hogan & Martin are amazing attorneys and very down-to-earth. They patiently kept me informed of my options in fighting an employee’s wrongful termination case, and we got a great outcome.”
Employment Discrimination
Successfully and expediently defended a national retail chain against former employee’s allegations of sexual orientation and race discrimination. In mediation, demonstrated that plaintiff’s termination resulted from performance issues and settled plaintiff’s $500,000 damages claim in client’s favor.
Employment Contract
On the eve of the employee’s deposition, successfully settled a complaint filed by former employee alleging breach of implied employment contract claiming that the offense for which her employment was terminated was a widely accepted practice by the employer.
Employment Litigation
Co-defense counsel with a national law firm (AM Law 100) representing the owner/operator of national senior housing facilities. Since 2006, have efficiently and effectively resolved a variety of employment litigation matters in California state and federal courts

Real Estate Litigation
Real estate’s significance for nearly every business and individual makes it a common subject of litigation. Lurie, Zepeda, Schmalz, Hogan & Martin represents all parties involved in real estate matters – developers, landlords, tenants, brokers, financial institutions and individuals – in wide-ranging disputes. Whether you are embroiled in high-stakes litigation or private arbitration, we strive to conduct a thorough investigation, then plan and implement a strategy to achieve your goals as quickly and cost-effectively as possible.
Premises Liability
Tsylina and her colleague tried a premises liability case where plaintiff was severely injured on-site, requiring extensive orthopedic surgery. Ms. Tsylina was able to prove that plaintiff’s future lost earnings claim of approximately $2,000,000 was actually worth zero. Although plaintiff’s claimed damages exceeded $3,000,000, the jury awarded her only $180,000, barely more than what Ms. Tsylina’s client offered as settlement before trial;
Construction Litigation
In construction litigation, successfully defended land developer against claims that homes built on adjacent property suffered soil subsidence and foundation failure due in part to grading activity on client’s down slope property. Obtained summary judgment based on statute of limitations. The contractor who had built the affected homes was out of business and its records difficult to recover, complicating the ability to determine precisely who was responsible for soil subsidence.
Eminent Domain
Successfully defended a real estate developer in a $16 million lawsuit alleging he had publicized a city’s intentions to take plaintiff’s property through eminent domain, thereby reducing the property’s value and interfering with the plaintiff’s business operated on the property.
Easement

Personal Injury
While trial judge in a personal injury action kept jury’s verdict under seal, successfully engineered a three-way, multi-million dollar settlement between an insurer, driver (defendant) and injured passenger (plaintiff) for the insurer to pay for damages caused by defendant. Insurer had filed a federal court declaratory relief action seeking to withdraw coverage during the personal injury trial. On behalf of defendant, vigorously opposed the insurer’s declaratory relief action while concurrently monitoring insurance defense counsel in the on-going personal injury trial to ensure proper representation.
Medical Malpractice
Tsylina second-chaired the trial of a medical malpractice action involving complex cosmetic surgery procedures. Due to Ms. Tsylina’s strong defense of the action, during the middle of trial, plaintiff agreed to settle for less than 10% of her claimed damages;
Disability Discrimination
Representing the employer against claims of disability discrimination, used aggressive litigation tactics to obtain favorable settlements for clients. Successfully reduced plaintiffs’ requested attorneys’ fees through motion practice.

Trusts and Estates

Estate Planning
On November 1, 2022, Victoria Tsylina was a panelist at the Los Angeles County Bar Association’s Trust and Estates Section, presenting “When To Be Quiet And When To Be Loud: The Attorney-Client Privilege And The Attorney Work Product Privilege In Probate And Trust Matters.” In this presentation, Ms. Tsylina explored answers to the question of […]
Wills
When facing a complex dispute over a trust or estate, you want Lurie, Zepeda, Schmalz, Hogan & Martin’s experienced litigators at the helm. The genesis of our Trust, Estate & Probate Litigation practice was demand from trust and estate planning attorneys. They knew our firm for our successful business litigation practice and wanted us to apply our problem-solving skills to their clients’ complex trust administration disputes, will contests and conservatorship issues.
Trusts
Successfully represented beneficiaries in an elder abuse and trust administration dispute against their aunt’s caregivers for exerting undue influence in inducing the elderly lady to amend her trust. Negotiated a settlement in beneficiaries’ favor. Caregivers acknowledged that the amended trust was invalid and relinquished all remaining trust assets to clients.
Probate

Bankruptcy
Successfully developed and implemented a creative and complex settlement of bankruptcy litigation brought by creditor client, a large commercial airline. Our client received a judgment against the debtors and valuable rights to insurance proceeds.
Foreclosure
Successfully represented trust beneficiary in asserting claims for breach of fiduciary duty and breach of trust against successor trustee and advisors for failing to maintain and preserve trust assets and allowing residential property to sink into foreclosure. Convinced successor trustee to sell defaulted residential property through a conventional sale, rather than an estate auction, and negotiated favorable settlement netting sufficient funds for client to relocate and purchase home.
Tax Law
Negotiated a favorable settlement for a client in accountancy malpractice case involving complex tax issues on innocent spouse relief, equitable relief and separate liability election.

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