William Cumming Attorney

First Admitted: 1999, California

Professional Webpage: https://www.cummingandassociateslaw.com/william-r-cumming/

Bar/Professional Activity:

Presentation to CPA Firm Re Estate Planning and Asset Protection In February 2024, I gave a presentation to a large CPA firm that dealt with the topics of estate planning and asset protection. A large group of CPAs and other professionals attended the 45-minute PowerPoint presentation, which was well received. , 2024
Association of Business Trial Lawyers, 2024
American Bar Association, 2024
Orange County Bar Association, Member, 2024
Federal Bar Association, Orange County Chapter, 2024
Sworn in as a judge for the Temporary Judge Program I was selected and sworn in as a judge for the Temporary Judge Program. Through this program, the court maintains a panel of trained and experienced attorneys who preside over various types of cases, including small claims, traffic, family law, probate and in other capacities at the discretion of the Presiding Judge. Temporary judges can serve in all court locations. It has been a privilege to serve the legal community in this capacity. , 2024
Frequent Lecturer at different organizations regarding real estate and bankruptcy issues, 2023
Federal Bar Association, Orange County Chapter, 2023
American Bar Association, 2023
Orange County Bar Association, Member, 2023
Association of Business Trial Lawyers, 2023
Adjunct Law Professor, Trinity Law School, 2023
U.S. District Court for the Central District of California, 2023
U.S. District Court for the Eastern District of California, 2023
U.S. District Court for the Northern District of California, 2022
U.S. District Court for the Southern District of California, 2023
U.S. Court of Appeals for the Ninth Circuit, 2023

Verdicts/Settlements (Case Results):

I represented a seller in a real estate transaction that went bad. The buyers alleged the clients failed to disclose several defects associated with the home at the time of sale. The sellers disputed the allegations. The sellers, real estate broker, and real estate salesperson were all named in the complaint. The parties reached a confidential settlement offer at the mediation. , 2024
I represented a father, his daughter, and son in law in a dispute involving the transfer of real property and issues involving elder abuse. My clients were the defendants and we argued that the claims made by the plaintiffs, who were the father's two other daughters, had no merit. The plaintiffs were seeking nearly a million dollars. We settled right before the trial for a small fraction of the demand. , 2024
I went to trial in federal court in Los Angeles relating to a dispute involving the use of a trademark and service mark. I represented the defendant and counter-claimant. After a two-day jury trial, which was phase one of the case, the jury returned a verdict that was helpful for my client as we entered phase two of the trial, which should be later in the year. , 2024
I represented several plaintiffs in a breach of contract case in the Orange County Superior Court. The case went to trial, and the plaintiffs prevailed. The Court entered a judgment against the defendant for approximately $400,000., 2024
Represented a client whose husband had a judgment against him and later filed Chapter 7 bankruptcy. The judgment was deemed non-dischargeable. The judgment creditor pursued a claim against the spouse of the debtor, claiming he could obtain the sale proceeds from the sale of her home that she owned as her sole and separate property. The spouse argued the judgment creditor was not entitled to the sales proceeds. The court granted the spouse's motion and held the judgment could not be used to obtain the sale proceeds, and the judgment creditor appealed. On appeal, the parties reached a confidential settlement. , 2023
I represented two defendants in an alleged securities litigation case and the potential exposure was seven figures. We filed two demurrers that were granted. After much negotiation for over two years, we were able to settle the case for what we offered two years earlier. , 2023
Motion to Set Aside Default Judgment Prevailed on a motion to set aside an entry of default and default judgment against a defendant in which the judgment totaled $3.4 million that was based upon claims of conversion and fraud. , 2022
Prevailed on a motion for summary judgment relating a dispute between the parties as to whether the money the defendants invested was considered a loan or investment and whether the repayment to the defendants was at a usuary interest rate. , 2022
Settlement I represented a company called Hand Air Express, LLC as a defendant in a lawsuit. A lawsuit alleged Hand Air Express, LLC owed a staffing company that provided employees to Hand Air Express, LLC approximately $300,000. The parties litigated the dispute and over a period of time, the general consensus was that plaintiff's claims had little to no merit. The parties settled for a nominal amount. , 2022
Settlement I represented defendant Sunny Wong in a litigation case entitled Yiu Tung So v. Sunny Wong, et al. filed in the Orange County Superior Court. The dispute related to and arose out of a partnership dispute. After extensive negotiations, the case was settled for a confidential amount. , 2021
Settlement I represented Mission Viejo Ornamental Iron, Inc. in a federal copyright infringement lawsuit filed in the United States District Court Central District of California and entitled Parasoleil, LLC v. Coastal Cuttings, LLC, et al. After discovery and motion practice, Mission Viejo Ornamental Iron, Inc. settled for a confidential amount. , 2021
Settlement I represented Adam Bright who was a defendant in a breach of contract case filed in the Orange County Superior Court involving a dispute relating to a breach of promissory note for approximately $70,000. After extensive negotiations, the parties reached a settlement without the time and expense of litigation. , 2021
Verdict We represented MFC Lending, LLC in a complaint against Westbrook Pacific & Associates and Brandon Demps relating to the breach of a promissory note and fraud-related claims relating to the promissory note. After presenting evidence at trial, the court awarded MFC Lending, LLC approximately one million relating to the breach of the promissory note and upheld the fraud claims., 2021
Verdict I represented a plaintiff named Afshin Shahintabe in a lawsuit against Brad Gorman filed in the Orange County Superior Court. The lawsuit related to Mr. Gorman improperly taking $545,000 from Mr. Shahintabe relating to EB-5 visa program. After presenting evidence at trial, the court entered a default judgment against Mr. Gorman and in favor of Mr. Shahintabe for approximately $800,000. Their was also a finding of fraud. , 2021
Represented the plaintiff real to a real property dispute relating to who was the correct owner. The parties settled shortly before trial for a confidential amount., 2020
Represented an employer who hired two people as independent contractors. A lawsuit was filed alleging misclassification of their employment status, PAGA violations, and other various employment claims. The parties reached a confidential settlement before trial, 2020
Bill Cumming was retained to represent a defendant in a lawsuit filed in the Orange County Superior Court relating to whether the defendant improperly obtained money from another business while he was employed by the plaintiff who was his prior employer. The plaintiff was demanding $200,000 in damages. A letter was sent to the plaintiff's counsel explaining the weakness of the case. The parties settled for a nominal amount and avoided the time and expense of litigation, 2020
Represented an individual as a defendant who was sued for breach of contract relating to the purchase and sale of a business. The client was the defendant. We argued the contract at issue was not between the plaintiff and the individual defendant, but rather the plaintiff and the corporate defendant. We file a motion for summary judgment and it was granted it is entirety, 2019
Bill Cumming was retained to represent the plaintiff in two separate lawsuits relating to a derivative action and a dissolution action. The two cases were consolidated. The case related to a business dispute between two parties and whether the defendant improperly started a new company to compete with an existing company the parties owned together. Shortly before trial, the parties reached a confidential settlement after a 15 hour mediation, 2018
Bill Cumming was retained to represent defendant Juny Campos in a case entitled Aracelia Aguilar-Garcia v. Juny Camps filed in the Superior Court of the State of California, County of Riverside. The case related to whether the plaintiff was entitled to have an ownership interest in a house located in Riverside County. After a 14 day bench trial, the court issued a defense verdict and awarded the defendant approximately $80,000 in attorney's fees and costs, 2018
Bill Cumming represented plaintiff Cynthia Daniel in an adversary action filed in the United States Bankruptcy Court Central District of California entitled Cynthia Daniel v. Jose Del Valle, Adversary Case No. 6:10-ap-01361-MJ. After a 10-day bench trial, the court issued a memorandum of decision holding that defendant Jose Del Valle engaged in fraudulent conduct relating to a real estate Ponzi scheme, and a judgment was entered against Jose Del Valle for $1,136,321, 2017

Representative Clients:

World Challenge, Inc. a nonprofit organization., 2023
Represented several private companies in stock and asset sales in 2022 to a publicly traded buyer. I was responsible for drafting, reviewing, and revising the purchase agreement and related documents, the due diligence process, and other related issues. The transaction totaled around $11 million. , 2022

Transactions:

So far, I worked with different clients to create approximately 15 corporate entities during the calendar year. , 2024
I worked with different clients to create approximately 25 corporate entities during the calendar year. , 2023
In 2023, I have completed 30 estate plans for families. , 2023
So far, for 2024, I have completed 15 estate plans for families. , 2024
So far, for 2024, I have been personally involved in four transactions relating to the purchase and sale of companies, which involved stock purchase agreements and asset purchase agreements. I represented both the buyers and sellers. The total value for all the transactions was about $5 million. , 2024
By the close of 2023, I was personally involved in about a dozen transactions relating to the purchase and sale of companies, which involved stock purchase agreements and asset purchase agreements. I represented both the buyers and sellers. The total value for all the transactions was about $30 million. , 2022
Represented the seller of a private company in a stock sale transaction to a buyer that is a publicly traded company. I was responsible for drafting, reviewing, and revising the purchase agreement and related documents, the due diligence process, and other related issues. The transaction was for $1.6 million. , 2022
Represented the seller of a private company in a stock sale transaction to a buyer that is a publicly traded company. I was responsible for drafting, reviewing, and revising the purchase agreement and related documents, the due diligence process, and other related issues. The transaction was for $3.2 million. , 2022
Represented the seller of a private company in a stock sale transaction to a buyer that is a publicly traded company. I was responsible for drafting, reviewing, and revising the purchase agreement and related documents, the due diligence process, and other related issues. The transaction was for $5.6 million. , 2022
I represented the buyer in selling real property in Menifee, California. I was responsible for due diligence, preparing and revising the purchase agreement documents, and other related issues. The real property sold for $11 million. , 2023
Represented the seller in the sale of a limousine business for $4 million dollars, 2020
Represented several clients in the creation of corporations and limited liability companies, 2020
Represented the buyer in a purchase of a manufacturing company for $125,000, 2020
Represent the seller in a pending sale of his insurance business for $2.8 million, 2020
Represented two partners in a joint venture agreement to purchase three assisted living companies and real properties that operated each company, 2019
Represented several clients in the creation of corporations and limited liability companies, 2019
Represented the seller in a sale of a limousine business and the purchase price was $7.5 million, 2018
Represented several clients in the creation of corporations and limited liability companies, 2018

Special Licenses/Certifications:

Pilot's License, 2023
Real Estate Brokers License., 2024
Pilot's license., 2024
Real Estate Brokers License, 2023

Pro bono/Community Service:

Volunteer in different capacities at church, which include playing music, kids's ministry, and AWANA., 2023
Volunteer in different capacities at church, which include playing music, kids's ministry, and AWANA., 2024
I represented a retired pastor pro bono that was sued by a former church member that alleged the pastor owed her money. The pastor did not owe her any money. We filed a motion for summary judgment that was granted. The case was resolved in 2023 after five years of litigation. , 2023

Honors/Awards:

I received a reward from Lawyer Monthly ADR Awards relating to my work as a litigation attorney. , Lawyer Monthly ADR Awards, Lawyer Monthly ADR Awards, 2023
I was nominated and selected as a Super Lawyer. , Super Lawyers, Super Lawyers, 2021
I was nominated and selected as a Super Lawyer. , Super Lawyers, Super Lawyers, 2022

Educational Background:

The University of California Los Angeles (UCLA), B.A. in Economics and Political Science, 1994

Scholarly Lectures/Writings:

Overseas Missionary Fellowship, English Trainer
Presentation to CPA Firm presentation called Estate Planning and Asset Protection - What You Need to Know, in February 2024. I gave a presentation to a large CPA firm that dealt with the topics of estate planning and asset protection. A large group of CPAs and other professionals attended the 45-minute PowerPoint presentation, which was well received. , Presenter, Estate Planning and Asset Protection - What You Need to Know, CPA Firm, 2024
Adjunct Law Professor, Trinity Law School

Other Outstanding Achievements:

Selected as Super Lawyer., 2023
Selected as Super Lawyer., 2024
Nominated and selected for the Elite Lawyer award. , 2024
Nominated and selected for the Elite Lawyer award. , 2023

Industry Groups:

Business Community
Churches
individuals needing estate plans
Real Estate

Contact William

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