Mr. Fisher is a partner of Palmieri, Tyler. He has been a trial lawyer for over thirty years and has handled hundreds of litigation matters. He has been lead trial counsel in over 75 trials in both state and federal courts.
In addition to Mr. Fisher's business and real estate trial practice, he has expertise in creditors' rights, bankruptcy, construction and landlord-tenant litigation. Mr. Fisher has broad experience with practice before courts of appeal and in the area of alternative dispute resolution, including mediation, arbitration and judicial reference proceedings. He also has experience in handling writ of mandate actions as well as probate and trust litigation.
The following is a selection of the types of cases which Mr. Fisher has successfully litigated in the recent past:
-Obtained an award of over $9.5 million on behalf of a real estate investor. The litigation related to a residential real estate project and involved allegations of fraudulent transfers and violation of Corporations Code provisions which govern distributions from a limited liability company.
-After an eight day trial involving a multi-million dollar estate, Mr. Fisher obtained a trial court judgment setting aside a will and trust. The trial judge determined that the invalidated estate plan was the result of undue influence exercised by the decedent's sister. Mr. Fisher also successfully handled the appeal of the judgment. The Court of Appeal unanimously affirmed the trial court decision.
-Represented a bank in a trial with a tenant following a foreclosure on a commercial property. The case involved a defense by the tenant that over $500,000 in rent had been pre-paid to the prior property owner. The case involved legal issues related to the priority between the lender's deed of trust and amendments to the recorded lease. The trial judge issued a judgment for eviction of the tenant and an award of unpaid rent.
-Represented a residential developer in obtaining a writ of mandate to compel the refund of school impact fees which had been imposed on a residential redevelopment project. In 2002, Mr. Fisher handled a precedent setting case before the California Court of Appeal in this area of the law.
-Mr. Fisher obtained a full reversal in the Second District Court of Appeal in Los Angeles of a trial court judgment. The case involved the rental provisions of a long term ground lease of a shopping center property. In a unanimous decision, the Court of Appeal determined that the trial court erred in adding language to a ground lease under the guise of interpreting the lease.
