Scott E. Radcliffe Attorney

First Admitted: 2011, California

Professional Webpage: https://www.alvesradcliffe.com/scott-e-radcliffe/

Bar/Professional Activity:

McGeorge’s nationally ranked Moot Court Team, Member
American Bar Association, 2022
Contra Costa County Bar Association, 2022
Sacramento County Bar Association, 2022
California Lawyers Association (formerly State Bar of California), 2022

Verdicts/Settlements (Case Results):

Represented Plaintiffs-homeowner versus their former contractor alleging claims of breach of contract, fraud, negligence and disgorgement pursuant to Bus. & Prof. Code Section 7031(b). Plaintiffs alleged that Defendant breached the parties' contract, violated California laws and local building codes, and defrauded Plaintiffs into paying sums defendant was not entitled to. Defendant denied liability and damages and the insurance carrier denied coverage on Plaintiffs' claims. Defendant's last offer was $10,000. Plaintiffs successfully persuaded the carrier of its coverage obligations. Following multiple successful rulings on motions in limine the day before trial, Defendant agreed to settle with Plaintiffs for more than $705,000. , 2024
Represented Plaintiffs-homeowners in a lawsuit against their former pool contractor and gunite subcontractor. Plaintiffs alleged claims for fraud, breach of contract, negligence and disgorgement pursuant to Bus. & Prof. Code Section 7130(b). Plaintiffs employed eight experts and performed a ten month investigation using state of the art technology including ground penetrating radar. Plaintiffs' investigation conclusively established the pool was not properly constructed requiring complete removal and replacement of the pool, decking and expansive soils with non-expansive soils. Defendants disputed liability, damages and the insurance carriers disputed any coverage. One defendant declared bankruptcy twice during the litigation. Defendants' last offers were a combined $10,000. Plaintiffs successfully removed the case from bankruptcy and persuaded the carriers they were in bad faith for denying their coverage obligations. On the day prior to trial, the matter settled with Defendants paying Plaintiffs $935,000 including their full cost of repair, Stearman costs and attorney's fees. , 2024
Represented Plaintiffs-homeowners against their former pool contractor for claims of negligence, breach of contract and disgorgement pursuant to Bus. & Prof. Code Section 7031(b). Plaintiffs alleged Defendant negligently constructed the pool, decking, and arbor. The matter resolved in a favorable settlement with Plaintiffs receiving $120,000. , 2024
Successfully defended a commercial parts broker in a case brought by a leading agricultural supplier for fraud, breach of contract and implied warranties brought under the California Commercial Code. Plaintiff alleged Defendant fraudulent induced it into an oral contract for the purchase of $500,000 of brass check valves. Plaintiff alleged that Defendant provided valves that were not manufactured according to the specifications requested. Defendant disputed liability and damages. Following a three week bench trial, the Court entered judgment in favor of the defendant awarding Plaintiff $0. The Court agreed with the defense theory of the case that Plaintiff had not suffered any damages. Defendant prevailed on its pre-trial C.C.P. Section 998 Offer for $0. Defendant was awarded more than $30,000 in costs. , 2023
Retained as defense trial counsel days before trial in a contentious business partnership dispute. Plaintiff sought over $600,000 in damages for claims of fraud, conversion, and breach of fiduciary duty. Defendant disputed liability and damages. Following a one week trial continuance, the matter settled favorably with Defendant paying Plaintiff nothing. , 2023
Cannabis Law - Obtained Motion for Judgment on the Pleadings dismissing Plaintiff's Corporate Code Section 709 claim seeking judicial determination to remove Cannabis Company's Chief Executive Officer., 2021
Construction law - Obtained Motion for Judgment on the Pleadings dismissing Plaintiff's Mechanic's Lien., 2021
Construction Defect Litigation - Tried a 3 month trial during the pandemic resulting in a judgment of $475,000. Heavily disputed action with sixteen witnesses including eleven experts testifying at trial, 2021
Construct defect/assault - confidential settlement in favor of plaintiffs, 2021
Premises liability claim alleging permanent loss of eye - Obtained favorable Defense settlement, 2021
Cannabis Law - County fined landlord $3.1 million dollars. Successfully negotiated settlement for $7,500, 2020
Cannabis Law: County fined landlord $1.8 million. Resolved for $50,000, 2019
Cannabis Law - following successful administrative hearing, fine of $657,000 reduced by City to $10,000 and resolved, 2019
Cannabis Law - Represented a large Sacramento cannabis courier against its commercial landlord who attempted to lock client out from premises. Immediately obtained mandatory injunction reinstating client to its business followed by a favorable, confidential settlement, 2019
Pedestrian versus vehicle - defense settlement on eve of trial, 2019
Cannabis Law: partnership dispute - favorable confidential settlement in favor of plaintiff, 2019
Cannabis Law: City fined landlord $667,000. Resolved for $0.00., 2019
Trade secret litigation - defense verdict reached on demurrer with attorney's fees awarded and Court finding that plaintiffs’ claims were objectively specious, 2019
Property damage dispute - summary judgment granted, 2019
Commercial Real Estate - represented nightclub against billionaire landlord for wrongful eviction. Confidential settlement in favor of client/night club, 2018
Cannabis fine - fine of $657,000 resolved for $0.00, 2018
Commercial Lease Dispute - represented a restaurant being sued against a national real estate developer. Following filing of Restaurant’s Cross-Complaint, matter settled with developer receiving nothing and paying client five figure settlement, 2018
Professional Malpractice - Complete defense verdict obtained on Plaintiffs' claims for $2.7 million in damages despite finding that client fell below standard of care in rendering services. Successfully litigated issue of lack of causation between malpractice and Plaintiffs' alleged damages., 2018
Cannabis cultivation/ partnership dispute - defense verdict, 2018
Commercial Lease Dispute - represented restaurant against landlord, a $2 Billion REIT. Obtained favorable six figure confidential settlement for breach of lease, 2017
Trial for Commercial eviction - represented landlord against restaurant for unlawful assignment and failure to pay rent. Following trial, landlord was awarded $50,000 in damages and restored possession, 2017
Breach of Contract/Fraud: Following six-week jury trial, verdict award and costs of $400,000 for skincare manufacturer against distributor, 2015
Legal Malpractice - represented a national real estate developer against their former transaction attorney for malpractice. $550,000 settlement obtained, 2014

Pro bono/Community Service:

Volunteer Appellate Judge for McGeorge Law School Moot Court competitions Over ten hours of pro bono work assisting landlords and tenants in commercial and residential real estate issues. , 2023

Honors/Awards:

McGeorge School of Law, University of the Pacific, Sacramento, California, Dean’s List, 2009-2011
McGeorge School of Law, University of the Pacific, Sacramento, California, Member of the Roger J. Traynor
McGeorge School of Law, University of the Pacific, Sacramento, California, Society
McGeorge School of Law, University of the Pacific, Sacramento, California, Witkin Award for receiving the highest grade in Appellate Writing & Advocacy
Business Litigation, Sacramento Top Lawyer, Sacramento Magazine, 2021
Business litigation, Sacramento Top Lawyer, Sacramento Magazine, 2020
Business litigation, Sacramento Top Lawyer, Sacramento Magazine, 2017
Finalist, Pace International Criminal Court Moot Court Competition
Witkin Award for receiving the highest grade in Appellate Writing & Advocacy, McGeorge School of Law

Educational Background:

University of San Diego, B.A., 2007

Industry Groups:

Business
Cannabis
Real Estate

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