Auto Defense

All the partners have handled numerous auto cases of all types including alleged fraud cases, multiple vehicle, complicated injuries, deaths and any other situations imaginable. Large insurance companies including State Farm, 21st Century, CGU, Mercury, St. Paul and Safeco have all placed the Firm on their approved list to handle cases. Ron Zurek was selected as trial attorney of the year in this area by O'Brien Evaluator in the past.

The Firm wins many cases at trial that the carrier thinks may be difficult to win. We have a reputation for being tough but fair in this area. Many cases settle when they are referred to the Firm because of this reputation before trial, or even arbitration.

Bad Faith

Lawsuits alleging breach of the implied covenant of good faith and fair dealing or insurance bad faith are an ever-present challenge for insurance companies selling policies in California.

Wesierski & Zurek, LLP has a demonstrated expertise defending insurance bad faith actions in litigation, at trial, or on appeal in both state and federal courts.

Its attorneys have extensive experience defending insurers who write homeowners, commercial, automobile, health, disability and casualty policies.

Wesierski & Zurek’s attorneys have developed a sub-specialty handling the rapidly evolving field of mold and toxin claims. The firm also has deep experience representing the independent, catastrophic insurance adjusters who assist insurers when a massive disaster like the 1994 Northridge earthquake, 1993's spate of wildfires, or 1992's Hurricane Andrew occurs.

Whether the insurer is faced with a single claim or a class action involving hundreds or thousands of claims, Wesierski & Zurek provides its insurer clients with efficient, expeditious, and cost-effective counseling and representation.

For example, some claims may require immediate resolution to stave off potentially huge punitive damage exposure. Other claims can be resolved through dispositive motions well before trial.

The Firm has also successfully defended claims at trial or on appeal. No matter what size claims or class action the insurer faces, the Firm can effectively marshal the appropriate level of staffing to efficiently and successfully defend the insurer.

Choosing the type of business entity to use in the operation of a business is one of the most important decisions that a business must make. Most business people want to avoid personal liability for the obligations incurred in the operations of the business while maximizing the financial benefits of the business. There are many possibilities from which to choose and Wesierski & Zurek can help with these decisions.

The Firm provides advice and counseling to our clients to assist them in outlining and analyzing the many factors that distinguish various business entities, and in selecting the one that is right for them. These entities include general partnerships; limited partnerships; corporations (including "S" corporations) limited liability companies, limited liability partnerships; and even sole proprietorships. In addition to assisting our clients during that crucial entity selection process, our attorneys are also experienced in providing the related services involved in formation of the chosen entity and in getting it up and running.

Business Law

Wesierski & Zurek provides a full range of services to assist its business clients. The Firm’s attorneys have extensive experience working with a variety of businesspeople throughout Southern California, and offer business and transactional services at all stages of the business to its clients, whether the client is involved in a start-up enterprise or is seeking to dissolve a business. Our attorneys are called upon to advise and assist our clients regarding business and corporate issues; business entity selection and formation of the venture; record keeping for the business; the negotiation and preparation of the full range of contracts relating to operations of the business; business and commercial litigation arising from the conduct and operations of the business; and business employment matters, from both the employer and employee perspective. The Firm’s attorneys represent clients engaged in an array of business enterprises, real property transactions, partnerships, corporations, limited liability companies, diverse contract and licensing matters, and construction law and related litigation.

Contracts and Commercial Transaction

Contracts are a part of everyday life, especially in the operations of a business. The vast array of decisions facing a business on a daily basis will inevitably involve contractual issues, whether they are questions of deciding on the proper location for the office or the hiring of employees. The attorneys at Wesierski & Zurek are experienced at advising our clients on these and the many other areas associated with business and commercial contracts and transactions.

The Firm provides its services and advice in both the formation stage of the business, as well as the operations phase that follows. As a result of that close involvement with our clients throughout the life of the business, the Firm’s attorneys are uniquely qualified to assist our clients in the myriad transactional questions that inevitably arise. These issues often involve commercial transactions under the commercial code regarding the purchase and sale of goods and services; purchase and sale of real estate; licensing and distribution agreements; royalty agreements; stock option agreements; stock purchase agreements; confidentiality agreements; non-disclosure agreements; buy-sell agreements; business purchase and sale agreements; business dissolution and/or disassociation agreements; and employment agreements (including termination agreements). All such matter can have extensive implications for the business and its owners. Wesierski & Zurek can assist in considering and addressing these and the many other contract and commercial transaction issues for the business.

Construction Defect

The Firm has represented numerous general contractors and subcontractors on all types of construction defect work. Chris Wesierski and Tom Wianecki as well as Terence Carney have dealt with the problems that arise in this area.

Dental Malpractice

Tom Wianecki leads the Firm's dental malpractice defense unit. Mr. Wianecki has tried over 25 dental cases before juries. Those matters have involved a wide range of claims, such as lingual nerve injury, TMJ damage, failed restorative work, alleged unsuccessful orthodontic treatment, and claimed death from medication/anesthetic.

The Firm specializes in "quick strike" strategies to bring closure against our clients as rapidly as possible. This emphasis usually results in considerable cost savings to both the insurance carrier and client. Wesierski & Zurek LLP has specifically trained associates and paralegals in dental matters to effectively handle any size case.

Mr. Wianecki has represented dentists with high profile celebrity patients as well as practitioners seeing Denti-Cal patients. Our past clients include California dentists in practice from San Luis Obispo to National City as well as Santa Monica to Palm Desert. We have handled dental malpractice cases in all portions of southern and central California.

The Firm is very proud of its overall trial record. This success has been particularly strong in the dental malpractice field.

Employment Law

Wesierski & Zurek 's attorneys have combined decades of experience counseling employers and employees on a wide variety of claims, including discrimination and harassment based on sex, race, age, pregnancy, marital status and sexual orientation. Employers also look to our Firm for advice on complying with wage, hour, restaurant tipping, and benefits laws, as well as the Americans with Disabilities Act. Whether a claim is in mediation, arbitration, litigation, trial or on appeal, Wesierski & Zurek provides its clients with the best results possible, in a cost-effective manner.

Wesierski & Zurek is able to provide immediate answers to pressing issues, as well as to successfully focus on a longer-term result when a claim is in mediation, arbitration, litigation, Labor Board hearing, or before a Court of Appeal. Many cases require quick closure to limit potentially catastrophic damage recoveries, while others need efficient and cost-effective litigation strategies to achieve a positive outcome when the claimants refuse to resolve a claim without extensive litigation. The Firm has taken many employment discrimination and harassment cases to trial, and enjoys an enviable string of excellent results and defense verdicts in jury and bench trials. Whether a case needs only one attorney or many attorneys, Wesierski & Zurek can appropriately staff the case with very knowledgeable and talented attorneys focused on achieving a successful result.

General Civil Litigation

Wesierski & Zurek provides a full range of general civil litigation, arbitration and mediation services to its clients, both regional and national, and in all State and Federal Trial and Appellate Courts throughout California and the western United States. The many areas of litigation expertise possessed by the Firm’s attorneys include business and related commercial disputes of all types, as well as real estate, construction, taxation, and secured transactions. In addition to their experience in the litigation of such contractual matters, the Firm’s attorneys also have experience in the litigation of related business torts cases, intellectual property disputes, and employment controversies, on behalf of both employers and employees. The success of the Firm in this practice area arises from the breadth of its attorneys’ experience in analyzing with clients the myriad complex issues inevitably involved in modern business disputes, counseling clients engaged in a broad variety of business endeavors, and ultimately litigating countless matters of behalf of the Firm’s clients.

As a result of the extensive experience of its trial attorneys, the Firm is uniquely positioned to provide prompt evaluation of civil litigation matters, whether large or small, and to give timely advice to its clients regarding litigation strategy, settlement, pre-trial discovery and disposition, and limitation of issues in the event of trial or arbitration. The Firm’s goal is to achieve the best ultimate result for its clients, whether it is achieved through a summary litigation procedure of through multi-party complex civil litigation. The Firm has achieved considerable success and recognition in complex, multi-party cases involving this full range of civil litigation matters.

Intellectual Property

The Firm has handled copyright infringement, trademark infringement, false light and all types of intellectual property work in both state and federal court. Chris Wesierski has special expertise in this area and is familiar with the issues that can arise.

Landlord/Tenant

Wesierski and Zurek enjoys an outstanding reputation from San Diego to San Luis Obispo and out to the San Bernardino desert.

Our attorneys have trial experience in landlord/tenant matters and unlawful detainer actions involving issues of habitability, retaliation, housing authority, rent control and the effects of a tenant bankruptcy.

Most of our client base has come from word of mouth and some companies have called because they have noticed the Firm’s results in jury reports.

Benefits of retaining Wesierski & Zurek to handle your landlord/ tenant legal needs  include, first and foremost, having an experienced litigator on your side.

Wesierski & Zurek prides itself in keeping its clients fully apprised on all stages of the clients case. A client can expect personal service and same day response to inquiries or questions that arise.

Wesierski & Zurek will help train and educate property managers on all recent developments in landlord/tenant laws to ensure that proper procedures are followed and met.

Terence P. Carney is the partner in the Irvine office who heads the landlord/tenant practice for the Orange County area. Stephen M. Ziemann is the attorney for the Los Angeles area. They are available to handle any inquiries you might have concerning your legal needs and budgetary requirements.

Malpractice

The Firm has represented doctors, accountants, lawyers, real estate appraisers,  insurance brokers and agents for cases involving claims of negligence, defamation, emotional distress and other multiple claims. We know the experts in this field and we are trial tested in the above cases.

Premises Liability

Personal injury plaintiffs are continuously coming up with new theories of premises liability, including lack of security, dangerous conditions, toxic mold contamination, inadequately trained emergency telephone operators, customer versus employee physical attacks, slip and falls and failure to call 911. Injuries can range from the most minor soft tissue injuries or scrapes to catastrophic physical and mental injuries.

Wesierski & Zurek LLP attorneys collectively have over 200 years experience defending restaurants, manufacturing companies, bars, individual land owners, hotels, property management companies, and all types of fast-food restaurants.

Chris Wesierski has tried cases through the years for most of the restaurants in Orange County, including many large chains. He has represented stores as well as hotels in numerous trials and arbitrations for risk analysis. He has tried rape cases and shootings as well as assault and battery cases in both the state and federal courts to success.

Paul Lipman has had great success in numerous cases for the Marriott in quick strike motions designed to end the case before large amounts of attorney fees are incurred. 

Ron Zurek, Tom Wianecki and Terence Carney have all had experience and success in this area, which is one of our strongest, and the Firm is known for its expertise in this area. Of course, slip and falls, trip and falls, and any other premises liability problem that can arise have been adeptly handled to conclusion for many large companies including but not limited to Pepsi, Taco Bell, Pizza Hut, KFC, Marriott, Wyndham Hotels, Cushman and Wakefield, El Torito, Bob's Big Boy, Ralph's Grocery and others.

The Firm’s attorneys keep abreast of up-to-the-minute changes in appellate case law and new theories of defense in this rapidly evolving area of personal injury law. This experience and knowledge enables the Firm to obtain favorable settlements in liability situations, or extricate clients by way of motions to dismiss and defense verdicts at trial. If a losing plaintiff appeals a successful motion to dismiss or defense verdict, the Firm’s attorneys are also very experienced and well-versed in protecting those successful results at the appellate court level.

Many of Wesierski & Zurek LLP’s premises liability clients are high-profile companies with instantly recognizable names. Some premises liability actions have such egregiously damaging facts from a publicity standpoint that a very quick and reasoned analysis of the liability aspects, combined with skilled negotiating skills, can keep down any negative press.

The Firm is able to promptly evaluate a new case, big or small, as soon as pertinent information regarding liability and damages are received. Wesierski & Zurek LLP has had substantial success over the years in achieving pre-trial dismissals or significantly narrowing the scope of the litigation. All new cases are evaluated as to whether they should be settled quickly, settled when plaintiff makes a reasonable demand, or taken to trial if plaintiff does not make a reasonable demand or if there is no liability.

The Firm is able to appropriately staff new premises liability matters, simple or complex, to achieve the best possible result for its clients.

Please contact named partner Christopher Wesierski in our Irvine office to discuss your representation in premises liability actions. You may also visit our website at We look forward to serving your needs in a highly efficient and cost-effective manner.

Seminars are available and inquiries are always encouraged.

In this area, the Firm is quite fortunate to have a number of attorneys who have tried cases for many large corporations who entrust their work to our Firm. Tom Ely has handled numerous cases involving car and motorcycle manufacturers such as Kawasaki, Honda, Isuzu and claims involving glass products from Corning. He has also represented McKesson for claims of all sorts on their products.

Chris Wesierski has tried numerous cases to verdict in both state and federal court for Pepsi on claims of defective bottles, for Becker Orthopedics on claims of defective braces for the handicapped, on ladder cases and on claims of product failure for Ecolab and others.

Terence Carney and Dan Ford also have had  numerous cases they have handled through the years for various companies.

The Firm has a proven track record in getting quick closure to cases by use of motions for summary judgment or motions to dismiss on numerous product defenses. For example, John Paul Mitchell had been sued on a defective warning case involving ingestion and a death. The case was extricated quickly by use of a motion for summary judgment, which proved no causation. There are numerous examples for multiple companies, and client referral is one reason the Firm has grown so rapidly in this area.

We are particularly well suited to handle these cases at a cost-efficient rate and with successful results. We have handled cases that required up to five attorneys and we have handled cases for companies that were the largest claim ever made against the company involving death cases and quadriplegic cases.

Sexual Harassment or Discrimination

Chris Wesierski heads up this area of the practice and has published in two different journals on the continuing violation doctrine.  Mr. Wesierski has tried cases in federal court under Title VII and in state court under governmental claims or typical causes of action for all kinds of claims of harassment or discrimination. Many companies and individuals consult the Firm on wage and hour questions, discrimination issues, or claims of sexual misconduct against key employees or directors or the owner of the company.

The Firm's personnel are trained to handle all cases in a confidential manner, which is  frequently required in cases of this nature. Correct assessments as to liability and value are obtained as quickly as possible and then decisions about what to do to handle the matter in the best means possible are made so as to minimize publicity, cost and repercussions within the company.

The Firm then advises about any changes necessary at the client's company to avoid any potential problems in the future.

Mr. Wesierski is a member of The James Editorial Group for sexual harassment articles and has significant expertise in this complex area of the law.

Our firm provides training in sexual harassment prevention to comply with the recent changes in the law brought about by AD 1825 (Government Code Section 12950.1) This change requires employers with 50 or more employees to provide their supervisors with extensive “interactive” training and education by the end of 2005.

We are able to bring a seminar to your location for a reasonable flat fee and supply your company with the required certificates verifying that your supervisors have completed this necessary training.

 
For more information on this seminar, please contact Deanna L. Fox at (949) 975-1000 or e-mail jdauherty@wzllp.com.

Toxic Torts

Chris Wesierski was selected as the lead counsel in a case in Los Angeles involving 120 defendants and a plaintiff who lost a lung  that she claimed resulted from a toxic work environment. The trial lasted over a year and involved hundreds of motions in limine and pretrial motions, as well as severed and bifurcated issues tried in separate mini-trials. The case ended successfully and all motions and trials were handled expeditiously and thoroughly.

The Firm has a group who specializes in this area under the leadership of Chris Wesierski with all its special handling requirements and defenses.