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Buchalter

Jason E. Goldstein

Jason E. Goldstein

Shareholder

Expertise

  • Litigation
  • Insurance Law
  • Real Estate
  • Mortgage Lending

WSG Practice Industries

Activity

WSG Leadership

WSG Coronavirus Task Force Group
Member

Buchalter
California, U.S.A.

Profile

Jason E. Goldstein specializes in resolving complex business disputes for a diverse cross-section of clients, ranging from national banks to insureds, private money lenders, credit unions, individuals, loan servicers, landowners, pharmaceutical companies, vaping companies, equipment finance companies, brokers and investors.

Jason is a Shareholder in Buchalter’s Irvine office, Co-Chair of Buchalter’s Mortgage Banking Group, a fellow of the American College of Mortgage Attorneys (“ACMA”) and a member of the ACMA Title Insurance Committee.

Jason has an extensive legal background in state and federal courts across the country, which includes business litigation, real property related litigation, “private money,” title insurance claims and litigation (as well as CGL, D&O, etc.), escrow claims and litigation and misappropriation of trade secrets litigation. Jason also handles litigation involving wrongful foreclosure, lender liability defense, leases (commercial, residential and equipment), general contractors, receiverships and judicial foreclosures.

Jason is a trial lawyer and handles lawsuits from beginning to end.  Examples of his experience include obtaining:

  • Unanimous jury defense verdict in the United States District Court for the Central District of California in favor of a former employee of a national bank whom was subject to RICO and fraud claims arising from a multi-hundred million dollar investment scheme involving alleged oil pipelines and other fabricated investments (he previously obtained a summary judgment in favor of the bank). There was an article about the scheme in Forbes.
  • Jury defense verdict in favor of a bank in an action filed by disgruntled husband and wife borrowers in the Stanley Mosk Courthouse in downtown Los Angeles. After the jury trial, the jurors stated that while they felt compassion for the borrowers (the wife was emotional on the stand), Jason had convinced them that the bank had done everything it was required to do under the subject contracts.
  • Bench trial verdict in favor of the plaintiff in a usury action, which also included the successful defense of the elder abuse, conversion, fraud and money had and received causes of action contained in his adversaries’ cross-complaint.
  • Bench trial verdict in favor of a defendant in a quiet title action brought by a title insurer, in the name of purchasers of real property, pursuant to which the Court quieted title to the purchased real property subject to the defendant’s abstract of judgment.  The Court quieted title based upon the imputation of the actual knowledge of the escrow agent to the plaintiffs – pursuant to the laws of agency – that the seller used a slightly different name than that on the Grant Deed.
  • Bench trial verdict in favor of private money lender in a judicial foreclosure action pursuant to which the private money lender obtained a substantial deficiency judgment against its borrower.
  • Temporary Restraining Order and Preliminary Injunction in favor of a market leader in the business of creating, producing and selling “E-juice/E-liquid” on the open market for use in vaping and against a former employee who had misappropriated trade secret formulas for “E-juice/E-liquid.”
  • Temporary Restraining Orders and Preliminary Injunctions in favor a national equipment leasing finance company against former employees who had misappropriated the company’s trade secret information.
  • Permanent Injunction in favor a national loan servicer against former employees who had misappropriated the company’s trade secret information.
  • Orders and Judgments dismissing lawsuits brought against retail, wholesale and correspondent lenders by borrowers based on successful Demurrers (in state court) or Motions to Dismiss (in federal court).

In addition to litigation matters, Jason has obtained millions of dollars in indemnity payments for his clients from title insurers. He has successfully tendered a multitude of insurance claims which have resulted in the insurer paying for a lawyer to defend his clients in litigation matters and/or paying the limits of their policies. When title retained counsel is appointed, Jason frequently monitors the insurer and its title retained counsel to try to prevent the bad faith denial of claims.

Jason is a frequent speaker and author on broker and lender liability, title insurance, escrow and trade secrets. He has spoken at conferences conducted by the California Mortgage Association, the California MBA, the MBA, the California Receivers Forum and the Northern and Southern California Chief Appraisers organization.

Jason’s article, “The Laundry Route Cases and How Not to Get Taken to the Cleaners” is cited as authority in the West’s Civil Code Annotated under the heading of “Misappropriation – Enjoined,” in the Uniform Trade Secrets Act. Civil Code § 3426.2. In addition, on September 13, 2016, Law360 included in its “Expert Analysis” section Jason’s Truth-In-Lending Act article entitled, “The Jesinoski Opinion Vs. The Statute of Limitations.”

Memberships/Associations

  • American College of Mortgage Attorneys – Fellow
  • California Mortgage Association
  • California Mortgage Bankers Association
  • SoCal Elite/AAU Basketball Coach
  • Lakeridge Maintenance Association – Member-At-Large
  • Stone Creek Elementary School PTA – President (former)
  • Parkview Maintenance Association – Vice – President (former)

 

Bar Admissions

  • California
  • Florida

Education

  • University of Miami School of Law
  • University of Southern California
Areas of Practice

Insurance Law | Litigation | Mortgage Lending | Real Estate | Trade Secrets & Employee Mobility | White Collar & Investigations

Professional Career

Significant Accomplishments

(Partial List)

  • Melikhov v. Drab (2019 M.D. Fla.) 2019 U.S. Dist. LEXIS 161435 (granting judgment creditors’ motion for contempt and sanctions against nonparties)
  • Warner v. CMG Mortg., Inc. (9th Cir. 2017) 2017 U.S. App. LEXIS 3415 (affirmed dismissal of Truth-In-Lending Act Claim)
  • Meinhart v. CMG Mortg., Inc. (W.D. Washington 2016) 2016 U.S. Dist. LEXIS 152835 (granting motion to dismiss lender liability claims)
  • Hedman v. Nationstar Mortgage, et al. (2016) 2016 Cal.App.Unpub. LEXIS 3236 (affirmed order granting motion for attorneys’ fees after prevailing on a demurrer)
  • Palmer Events, LLC v. Hyundai Hope on Wheels (D. Or. 2016) 2016 U.S. Dist. LEXIS 40238, adopted in 2016 U.S. Dist. LEXIS 39282 (granting motion to transfer venue)
  • Warner v. CMG Mortg. Inc. (N.D. Cal. 2015) 2015 U.S. Dist. LEXIS 158880 (granting motion to dismiss Truth-In-Lending Act claim)
  • Estate of Lane v. CMG Mortg. Inc. (D. Minn. 2015) 2015 U.S. Dist. LEXIS 62188 (granting motion to dismiss lender liability lawsuit)
  • Haas Automation, Inc. v. Brian Denny, et al. (C.D.Cal. 2013) 2013 WL 6502876 (granting motion for partial summary judgment as to anti-cybersquatting claim)
  • Marshack v. Helvetica Capital Funding, LLC (9th Cir. 2012) 495 Fed.Appx. 808 (dismissing appeal from bankruptcy court)
  • Lyman v. Loan Correspondents Inc. (9th Cir. 2012) 470 Fed.Appx. 688 (affirming dismissal of Truth-In-Lending Act and Real Estate Settlement Procedures Act claims)
  • Kris Kaszuba, et al. v. Fidelity Nat’l Default Svcs. (S.D.Cal. 2012) 2012 U.S. Dist. LEXIS 579 (granting motion to dismiss lender liability lawsuit relative to RESPA, TILA and FDCPA claims)
  • Kris Kaszuba, et al. v. Fidelity Nat’l Default Svcs. (S.D.Cal. 2011) 2011 WL 2445860 (granting motion to set aside default)
  • Curt Gumbs, et al. v. Litton Loan Servicing (E.D.Cal. 2010) 2010 WL 3341618 (granting motion to dismiss, in part, lender liability lawsuit)
  • Ricardo Marcelos v. Edwin Mauricio Parada Dominguez, et al. (N.D. Cal. 2008) 2008 WL 1820683 (granting motion to dismiss, in part, lender liability lawsuit)

Articles

  • Buchalter COVID-19 Client Alert: HUD, FHFA, VA Announce Extensions of Foreclosure and Eviction Moratoriums to December 31, 2020
  • Buchalter COVID-19 Client Alert: FHFA to Extend GSE Covid-Related Origination Processing Flexibility Until August 31
  • Buchalter COVID-19 Client Alert: CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR
  • Buchalter COVID-19 Client Alert: ARCC Discusses Expected Time Periods for Discontinuance of LIBOR in Mortgage Originations
  • Buchalter Client Alert COVID-19: New HMDA Final Rule Raises Loan Origination Reporting Threshold; Particular Significance for Certain Multifamily Lenders
  • CFPB Further Defines Abusiveness Standard; Expresses Intent to Limit Duplicative Enforcement
  • OCC and FDIC Propose New Community Reinvestment Act Rules
  • A Patent For A Formula Does Not Destroy Trade Secret Status So Long As The Patent Does Not Disclose The “Process” For Applying The Trade Secret
  • FDIC Issues Proposed Rule Clarifying “Valid-When-Made” Doctrine for State Banks, to Match OCC Proposed Rule for National Banks
  • Should You Include a Limitation of Liability Provision in Your Next Contract?
  • Freddie Mac and Fannie Adopt New ARRC Recommended Fallback LIBOR Language for Residential ARM Loans
  • HUD and DOJ Release Guidance on False Claims Act
  • Probe the Borrower’s Reason for Seeking a Loan
  • Bankers Trust Company v. Transamerica Title Insurance and Its Progeny: A Construction Lender’s Nightmare
  • The Jesinoski Opinion Vs. The Statute Of Limitations
  • Truth-In-Lending Act Rescission Part I: Why The U.S. Supreme Court’s Jesinoski Opinion Does Not Defeat The Statute of Limitations
  • Current Developments In Risk Management For Mortgage Brokers
  • Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares
  • The California Homeowners’ Bill of Rights: The Safe Harbor Provisions
  • The Limits to Title Insurance Protection and the Advantages of Escrow Instructions
  • Title Insurance: 5 Things Every CMBA Member Should Know
  • Additional Insured Status: Is the Protection Illusion or Reality?
  • Lender Beware: When Real Property Title Issues Arise, Don’t Forget Your Escrow Claim
  • The Products Completed Operations Hazard: What It Is, and Why Everyone Involved in Construction or Real Estate Development Needs To Know About It, Air Quality Impacts Could Thwart Bay Area Infill Development
  • Title Insurance Coverage and Escrow Claims
  • Don’t Be Left Naked When it Comes to Insurance Coverage
  • Products Completed Operations Hazard
  • The Laundry Route Cases and How Not to Get Taken to the Cleaners
  • Defending Wholesale Lenders: Pitfalls and Potential Safety Nets


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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