VALENCIA & CYWINSKA

A Law Corporation

October 2014:

Los Angeles Superior Court Appoints VALENCIA & CYWINSKA as Lead Class Counsel in Class Action Involving in Excess of 1000 Class Members. Courts Grants Final Approval of Class Action After Three Years of Class Action Litigation.
Los Angeles Superior Court, Unlimited



March 2013:

It is extremely difficult to attain appellate review by the California Supreme Court. The Law Offices of Mark Joseph Valencia, the sole attorneys for petitioner, attained review in the matter Baltazar v. Forever 21, Inc., (2012) 212 Cal.App.4th 221. The successful petition was completed by both Mr. Mark Joseph Valencia, Esq. and Mrs. Izabela Cywinska Valencia, Esq.
California Supreme Court, S208345

Click Here - Notification of Grant of Review By California Supreme Court



February 2013:

On Behalf of Plaintiff, The Law Offices of Mark Joseph Valencia defended against an appeal brought by Monex Credit Company. The Court of Appeal agreed with The Law Offices of Mark Joseph Valencia and concurred that there was extrinsic mistake and positive misconduct. Accordingly, Plaintiff may pursue his claims for damages in excess of 1.4 million dollars.

California Court of Appeals, Fourth Appellate District, Division 3, G046132
Click Here for Opinion - February 15, 2013



October 2011:
On Behalf of Plaintiff, The Law Offices of Mark Joseph Valencia Litigates a Sexual and Racial Harassment Action Against Plaintiff's Former Employer, Forever 21, Inc. The Defendants Petition the Court to Enforce the Arbitration Agreement that Plaintiff Signed with Forever 21, Inc., Which Would Compel the Action to Arbitration. The Law Offices of Mark Joseph Valencia, After Significant Briefing, Proves That the Arbitration Agreement is Unenforceable, as it is Unconscionable. Accordingly, the Court Denies The Motion to Compel Arbitration, and Therefore the Action Will Proceed in Los Angeles Superior Court.
Los Angeles Superior Court, Civil Unlimited



September 2011:
Client Retain Law Firm to Set Aside/Vacate Dismissal With Prejudice From April 2010. Appealing to the Equitable Powers of the Court, The Law Offices of Mark Joseph Valencia Successfully Brings a Motion to Reactivate the Litigation and Set Aside the Dismissal With Prejudice. Initially, the Tentative Ruling was to Deny the Motion, but after Successful Oral Argument by Mr. Valencia, the Trial Court Reverses Itself and Grants the Motion.
Orange County Superior Court, Civil Unlimited



November 2010:
Superior Court Denies Playboy Entertainment Group's Motion for Judgment Notwithstanding the Verdict (JNOV) and Motion for Remittitur. The Court, However, Grants Plaintiff's Motion for Attorney's Fees and Awards $404,425.00. The Court Further Reimburses Plaintiff Her Costs of Litigation In The Amount of $61,740.38. This Is All In Addition to the Jury Award of $182,500.00
Los Angeles Superior Court, Civil Unlimited



August 2010:
GREAT NEWS: After a Three Week Jury Trial, The Law Offices of Mark Joseph Valencia, ALC, Attains a Sexual Harassment Jury Verdict Against Playboy Entertainment Group. The Jury Also Found that Playboy Failed to Prevent Sexual Harassment Against Plaintiff. Jury Awards $182,500.00. Defendants Represented by International Law Firm Morgan Lewis and Bockius.
Click Here for Courtroom View Network News Article

http://info.courtroomview.com/Blog/bid/45476/Employee-Wins-Sexual-Harassment-Claim-Against-Playboy
Click Here for Beverly Hills Courier Article
http://www.bhcourier.com/article/Local_News/Local_News/Jury_Awards_More_Than_180000_to_Former_Playboy_TV_Employee/70634
Los Angeles Superior Court, Civil Unlimited



May 2010:
The Law Offices of Mark Joseph Valencia, ALC Files Wrongful Termination Action on Behalf of Senior Scientist Against Pall Corporation.
Click Here to See Copy of Complaint
http://www.mjvattorneys.com/Final%20Cut/Ma%20v.%20Pall%20Corp.pdf
Los Angeles Superior Court, Civil Unlimited


April 2010:
Federal Bankruptcy Judge Agrees with Mr. Valencia and Orders Two Superior Court Actions to Return to Los Angeles Superior Court, Despite Fierce Opposition by Bankruptcy Attorneys Representing Debtor in Possession in Chapter 11 Proceedings.
United States Bankruptcy Court, Central District


April 2010:
After 16 Months of Litigation, Plaintiff and Defendant Settle Sexual Harassment Action.
Superior Court



January 2010:
Superior Court Judge Grants Plaintiff's Motion Compelling Witness to Answer Questions At Deposition. Superior Court Further Sanctions Both Defendant and Defense Attorney in the Amount of $2,500.00.
San Bernardino Superior Court, Civil – Unlimited

August - September 2006:
Represented a Roman Catholic Priest And Successfully Attained a Temporary Restraining Order Against Third Party For Harassing Conduct, Despite Zealous First Amendment Arguments.
Los Angeles Superior Court, North Central District, Pasadena, Unlimited



July 2006:
Attained Thousands of Dollars in Sanctions Against Defendant Corporation, Defendant President, and Defendants’ Lawyers Under Code of Civil Procedure Section 128.5. Defendants Brought a Frivolous Anti-SLAPP Motion as their Defense . . . and Lost.
Los Angeles Superior Court, Central, Los Angeles


December 2005 - May 2006:
Along With Plaintiff's Team, Successfully Defeated Defendants’ Summary Judgment Motion Regarding an Employment Action That Involved a Former President Suing the Company he founded. Two Large National Litigation Firms Represented Defendants.
Orange County Superior Court, Central Justice Center, Santa Ana​

AGGRESSIVE TRIAL ADVOCACY AND STRONG WORK ETHIC

2006 Experience

December 2009:
GREAT NEWS: Appellate Court Reverses Judgment by Trial Court. In September 2008, The Law Offices of Mark Joseph Valencia Tried A Four Week Jury Trial to Verdict. Trial Court Did Not Allow Pertinent Issues To Go To The Jury. Verdict Against Plaintiff. Mark Joseph Valencia Appeals And The Appellate Court Vacates Judgment. Case Will Proceed to Retrial!
California Court of Appeals, Fourth District, Division Three (Orange County)

Click Here to See Ruling from Appellate Court
http://www.mjvattorneys.com/Final%20Cut/Kinses.pdf

Press Articles - Click Here
http://www.metnews.com/articles/2009/kins120409.htm

Website Press Articles - Click Here
http://www.protectconsumerjustice.org/court-says-dentist-should-not-have-claimed-usc-ties-28-teeth-later.html



September 2009:
Plaintiff sues Defendant for upwards of $75,000 for contractual damages. The Law Offices of Mark Joseph Valencia represents Defendant. The case is dismissed and Defendant does not pay any monetary amount to Plaintiff.
Los Angeles Superior Court, Unlimited, Central


July 2009:
The Law Offices of Mark Joseph Valencia Petitions the California Supreme Court For Review With Regard to Specific Employment Litigation Defenses and Its Affect on Public Policy.
California Supreme Court

 
June 2009:
The Law Offices of Mark Joseph Valencia, ALC Prevails in the California Court of Appeals. The Appellate Court, In Full, Reverses the Trial Court's Ruling.
Click Here To See Copy of Ruling
http://www.mjvattorneys.com/Final%20Cut/Tentative%20Ruling%20-%20Appeal.pdf

California Court of Appeals, 4th Appellate District, Division Two


January 2009:
Client Retains Firm to Prosecute Sexual Harassment and Sexual Battery Action Against Playboy Entertainment Group, Inc.
Los Angeles Superior Court, Unlimited, Santa Monica


January 2009:
Mr. Valencia Represents Defendants in Civil Harassment Action. Plaintiffs Are Represented by Mega-Firm Nixon Peabody. Defendants Refuse to Settle With Plaintiffs. After Witness Testimony and Argument, Judge Dismisses The Case.
Los Angeles Superior Court, Unlimited, Santa Monica

Please contact Valencia & Cywinska for a free initial consultation. Experienced representation is just a phone call away.

​We're on Your Side

2007 Experience

EXPERIENCE:

2008 Experience

December 2007:
Mr. Valencia Represents Both the Corporate President and the Defendant Corporation in a Two Week Jury Trial Regarding a Breach of Contract Action.
Orange County Superior Court, Santa Ana, Unlimited



December 2007:
Successfully Defeats Defendant's Motion to Modify and/or Terminate Preliminary Injunction. Motion Denied in its Entirety Despite Defendant Presenting Affidavits from Approximately 150 Different Witnesses.
Los Angeles Superior Court, Glendale, Unlimited



September 2007:
Successfully Defeated Defendants' Motion for Summary Adjudication In Its Entirety. Plaintiff's Claims for Fraud and Intentional Infliction of Emotional Distress Will Proceed Forward, As Well As Plaintiff's Request for Punitive Damages.
Orange County Superior Court, Santa Ana, Unlimited



August 2007:
Represented Defendant Corporation and Defendant President in a Lawsuit Where Plaintiff Was Seeking $145,000 in Damages. After Successful Argument, Court Dismissed Action In Its Entirety Based on the Holding that the Contract was Illegal.
Los Angeles Superior Court, South East District, Norwalk, Unlimited



July 2007:
Despite Fierce Opposition, Successfully Attained a Preliminary Injunction and Court Order Pursuant to Both Uniform Trade Secrets Act and Unfair Competition Statutes. The Order States that Former Employee Cannot Solicit Any Current or Former Clients of His Former Employer.
Los Angeles Superior Court, North District, Glendale, Unlimited



June 2007:
Tried a Two Week Medical Malpractice Lawsuit to Jury Verdict. Trial Defense Attorney was Chuck Law of Law and Brandmeyer. Six Medical Doctors Called to the Stand, Along with Corporate Representatives. Defendant's Motions for Non-Suit and Directed Verdict Denied.
Los Angeles Superior Court, North Valley District, Chatsworth, Unlimited


May 2007:
Attained a Temporary Restraining Order For Corporation With 10,000 Tax Clients. The Temporary Restraining Order Prevents Former Employee From Soliciting Any Current Clients of His Former Employer.
Los Angeles Superior Court, North District, Glendale, Unlimited



April 2007:
Filed a Shareholders Derivative Lawsuit On Behalf of Shareholders of Beverly Hills Corporation Suing Other Shareholders of Same Corporation.
Los Angeles Superior Court, Central, Los Angeles, Unlimited



March 2007:
Attained Leave to Add Punitive Damages to Amended Complaint Under Code of Civil Procedure Section 425.13.
Orange County Superior Court, Central Justice Center, Unlimited



January 2007:
Medical Doctor Retains Firm to Explore All Possible Causes of Action, Including Discrimination, Against Residency Program.

 December 2008:
Appellant Files 50 Page Opening Brief in California Court of Appeals in the Case: Park v. Countrywide Home Loans, Inc. The Appeal Seeks To Reverse The Application of the Judicial Estoppel Doctrine in an Employment Action.
California Court of Appeals
2nd Appellate District, Division Six


November 2008:
Appellant Files Opening Brief in California Court of Appeals in the Case: Valle v. Washington Mutual Bank, NA.
California Court of Appeals
4th Appellate District, 2nd Division



October 2008:
After 17 Months of Litigation, Approximately 30 Motions, At Least 30 Depositions, Injunctions, and Uniform Trade Secret Protective Orders, Corporate Plaintiff and Defendant Settle to the Satisfaction of Both Parties.
Los Angeles Superior Court, Unlimited



September 2008:
Before the Presiding Judge at Orange County Superior Court, Mr. Valencia was Lead Plaintiff's Attorney for a Four Week Jury Trial.
Orange County Superior Court, Santa Ana, Unlimited 



August 2008:
Client Retains Firm to Prosecute Claims of Sexual Battery and Sexual Harassment Against Hotel Chain, Asserting that One of the Owners Sexually Harassed Plaintiff.
Los Angeles Superior Court, Central, Unlimited


March/April 2008:
On Behalf of Corporate Plaintiff, Mr. Valencia Takes Approximately 20-30 Depositions in a Two Month Time Period, Building Case of Liability Against Defendant.
Los Angeles Superior Court, Glendale, Unlimited


March/April 2008:
Mr. Valencia Successfully Defeats Motion for Summary Adjudication Against Law Firm with 600+ attorneys. Court States that the Continuing Violation Doctrine Applies and Specific Acts Cannot be Barred by the Statute of Limitations.
Ventura Superior Court, Simi Valley, Unlimited



January 2008:
Successfully Deposes Senior Level Executives of Fortune 500 Company. Mr. Valencia Deposes the Senior Human Resources Representative who Oversees Approximately 10,000 Employees Nationwide. Per Court Order, Mr. Valencia Also Attains the Declaration of Angelo Mozilo, Chief Executive Officer of then-Fortune 500 Company.
Ventura Superior Court, Simi Valley, Unlimited

2009 Experience

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