October 12, 2021
John Bowerbank and Hugo Lopez represented clients who were sellers of 9,000 acres of land to buyers. The buyers ultimately lost title to the land to creditors in connection with foreclosures. Thereafter, the Plaintiff buyers filed a lawsuit for breach of contract and fraud against the firm’s clients who sold the land. The Plaintiffs sought significant monetary damages, including compensatory damages, punitive damages and attorney’s fees. The Plaintiff buyers tried to forum shop by filing their lawsuit in the United States District Court for the Southern District in San Diego even though the subject dispute related solely to land deals for 9,000 acres in South Dakota.
In response to the lawsuit, John Bowerbank and Hugo Lopez filed (1) a motion to transfer venue from the U.S. District Court in San Diego to the U.S. District Court in South Dakota; and (2) a motion to dismiss all claims against the Firm’s clients based upon lack of standing and the doctrine of res judicata.
After having their Motion to Transfer Venue granted by the United States District Court for the Southern District of California in San Diego on April 14, 2021 and successfully having the case relocated to South Dakota, attorneys John E. Bowerbank and Hugo A. Lopez were victorious yet again on September 30, 2021, when the United States District Court for the District of South Dakota granted their Motion to Dismiss the Plaintiff’s entire lawsuit with prejudice, including the claims for fraud and breach of contract.
In granting the Motion to Dismiss, the South Dakota District Court agreed with Mr. Bowerbank and Mr. Lopez that the Plaintiff buyers had failed to establish plaintiffs had standing to bring their lawsuit. As an alternative basis for its holding, the South Dakota District Court further agreed with Mr. Bowerbank and Mr. Lopez that the Plaintiff buyers’ lawsuit was subject to dismissal under the doctrine of res judicata. The Court entered judgment in favor of the Firm’s clients.
The Firm’s clients are ecstatic about the Courts’ rulings and judgment. The clients intend to file a motion to recover attorney’s fees and costs incurred as the prevailing parties. Mr. Bowerbank and Mr. Lopez are proud that they provided their clients with a swift and positive result.