Cung, Raphael

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Address: 3 Hutton Centre Drive Ninth Floor, Santa Ana, CA 92707
Lawyer Firm: Callahan & Blaine
Phone: 714-241-4444
Fax: 714-241-4445

Areas of Practice Complex business, corporate, and commercial disputes, Catastrophic personal injury and wrongful death, Breach of contract and contractual interpretation, Fraud, business torts, and unfair competition, Intellectual property (copyright, trademark, entertainment, right of publicity, defamation, false advertising, and trade secrets), Lender liability to borrowers, and anti-foreclosure proceedings, Breach of fiduciary duties and director / officer liability, Probate and trust litigation, including claims between trustees and trust beneficiaries, Attorney malpractice, Real estate contracts and transactions, Insurance coverage, Employment Law

Raphael Cung is a senior attorney with Callahan & Blaine with 15 years of experience in complex business and corporate litigation, as well as representation of plaintiffs with catastrophic personal injuries. Raphael has appeared in state and federal courts throughout California and in other states, as well as multiple arbitration proceedings.

In just the recent past, Raphael, working with other Callahan & Blaine attorneys, achieved the following favorable results for the firm’s clients:

In a client’s action against a national bank, “hard money” lenders, and loan brokers for financial elder abuse, fraud, and related claims, obtained a rarely granted preliminary injunction against the foreclosure of the client’s multimillion dollar residence two days before a scheduled trustee’s sale. Also, defeated two rounds of demurrers, a motion to expunge lis pendens, and defendants’ motion to raise the injunction bond from $1,000 to approximately $500,000.In a lawsuit representing an individual injured while riding as a passenger in a limousine, obtained a seven- figure settlement for the client after prevailing on five discovery motions against defendants. In a related dispute with the client’s former attorneys over their fee lien, obtained 93 percent of the amount at issue.In an action for wrongful deaths arising from the notorious shooting of 8 individuals at an Orange County hair salon, obtained an uncommon denial of defendant’s motion to stay civil proceedings while his criminal prosecution for murder was proceeding. Also, defeated plaintiff’s multiple attempts to prevent written discovery based on the Fifth Amendment.In a case in which Callahan & Blaine was retained as counsel at the last minute, where plaintiffs sued the client alleging familial status and race discrimination in violation of federal fair housing laws, prepared a mediation brief that led to plaintiffs settling for a small fraction of what they had sought, all of which was paid by the client’s insurance carriers.In a 6-year long probate and trust litigation between the trustee of a trust and its beneficiary, the firm’s client, and after multiple previous attorneys for the plaintiff client concluded that case was unwinnable and should be settled on, at best, a walk-away basis, came in as last-minute counsel, prepared mediation materials, and obtained favorable settlement of client’s claims for breach of fiduciary duties by the trustee.In an on-going class action suit against a nationally known surgical center for false advertising, unfair business practices, and related claims, defeated plaintiffs’ attempts to obtain disclosure of the names and addresses of all patients. In a wrongful death action arising from a tow truck’s collision with the car of the clients’ decedent, successfully defeated attempts by a relative to disqualify the client as a guardian ad litem for her children, who are also plaintiffs in the suit, on the ground of alleged financial conflict between them.In a matter resolved before the filing of suit, obtained for the client a disgorgement of 40 percent of the legal fees she had already paid to her former attorney, on the grounds of the latter’s breach of his professional and ethical duties.

In addition to the above, Raphael is currently representing the firm’s clients on the following pending matters, for both plaintiffs and defendants:

Prosecuting the claims of a bicyclist paralyzed from the chest down following a fall caused by a dangerous road construction project, against a governmental entity and its contractors;Representing an individual brain damaged by the negligent acts and omissions of a state-affiliated medical center and its physicians;Defending against a defamation claim against an individual arising from his report of potential criminal activity by plaintiff;Defending an employer against a former employee’s claims of disability discrimination; andRepresenting a parts manufacturer on the appeal of a trial court judgment in the client’s favor, in the U.S. Court of Appeals for the Ninth Circuit.

Among Raphael’s previous accomplishments include the following: successfully representing a major film studio suing over a “knock-off” TV show, which made new case law interpreting the federal Lanham Act; obtaining a walk-away settlement after filing a summary judgment motion in a dispute involving a $17 million real property; defending corporate directors and officers sued for breach of fiduciary duties in connection with a “going private” tender offer, which allowed the $600 million transaction to go forward; winning a motion for a new trial for a client casino resort suing over defective gaming equipment after the court initially granted a directed verdict; winning summary judgment for a real estate brokerage sued for the acts of an employee who had a side business, a result upheld by the California Court of Appeal; and obtaining complete vindication for a corporate president sued for $300 million involving the estate of a prominent billionaire, whose network of companies the client oversaw for 25 years. Raphael previously practiced with, among others, O’Melveny & Myers and Greenberg Glusker in Los Angeles. He has been selected as a “Rising Star” by California Superlawyers. Before going to law school, Raphael served for 4 years in the U.S. Department of Commerce in Washington, D.C., where he formulated trade policy toward East Asia. Raphael was born in Saigon, South Vietnam and is a naturalized U.S. citizen. His family fled the country on the last day before Saigon was overtaken by Communist forces. Raphael is a native speaker of Vietnamese. He has also studied French and Mandarin Chinese.

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