Tim Agajanian, tort law attorney, focuses his practice on complex commercial litigation, business law, and catastrophic injury and tort matters, including construction, motorsports and racing, entertainment and hospitality, environmental, municipal contracting and government affairs, professional liability, personal and catastrophic injury, and landlord-tenant/real estate, and government investigations.
His clients rely on him for his ability to find creative solutions that keep deals on track, mitigate the need for litigation, minimize legal spending, and expedite the efficient handling of litigation. He often settles complex cases, avoids costly trials, and handles a trial when required. Tim also has extensive experience handling environmental remediation matters in California and nationally, involving Superfund issues and other regulatory compliance concerns for waste management and landfill companies.
Tim provides practical, hands-on advice to regional and national clients in business transactions, risk management, and litigation. He counsels clients regarding regulatory and compliance issues, including DOJ, SEC, and IRS subpoenas, proceedings, related investigations, and possible enforcement actions.
Background
A frequent speaker and author, Tim offers custom-tailored programs to his clients, providing updates on regulations and case law and overviews of best practices across various industries and business lines. After joining Thompson Coe, he looks forward to developing his practice in the state of Texas.
Representative Experience
Government Investigations & Compliance
Counseled a client on an SEC/PCAOB subpoena case, favorably settling the matter with no litigation filed.
Successfully defended accounting clients in relation to two SEC Subpoenas on public offering enforced actions against issuers and accounting firms.
Advised a client regarding a grand jury subpoena and investigation of an accounting firm which was successfully resolved with no enforcement.
Successfully resolved DOJ and SEC subpoenas on behalf of accounting firms, accountants, and other professionals.
Represented clients in grand jury subpoenas related to DOJ and IRS investigation inquiries in California, Hawaii, Texas, and other jurisdictions.
Construction and real estate
Obtained a favorable settlement and early dismissal of a $750,000 landlord-tenant lawsuit in which 13 former tenants complained of habitability defects in each of their units in a building previously owned by our clients.
Successfully negotiated a favorable settlement for a mid-sized developer and construction company where plaintiffs were seeking $19 million. The settlement was reached during the pre-litigation process required for residential construction defect cases under CCP Section 895.
Secured a favorable settlement for a subcontractor in a construction defect suit for which our client only had to contribute 40% of the more than $680,000 in water and mold damages arising from defects following the construction of a custom, single-family home.
Defended a general contractor in a construction defect case in which the plaintiff claimed that all the installed windows and doors leaked and required removal and replacement. Settled the matter for less than 20% of the total settlement by demonstrating that the client’s subcontractors were primarily responsible for the defect.
Secured dismissal on behalf of our client, a solar panel installer, by demonstrating that the failure of a $1 million solar energy array, which the plaintiffs expected to operate for at least 10 years at its facility, was due to manufacturing and not installation defects.
Currently defending a building owner in a case where one of its tenants in a residential apartment building assaulted another tenant with a gun. The plaintiff, who seeks approximately $175,000 in damages, alleges our clients should have prevented the attack by evicting the perpetrator of the attack sooner.
Personal Injury and Tort
Resolved a workplace injury matter with a dispositive motion with a potential liability of more than $3 million after the plaintiff’s hand was amputated by an industrial accident while operating machinery at our client’s business. The plaintiff claimed to be our client's guest, but we argued that he was an employee whose remedies were preempted by workers’ compensation laws.
Convinced the plaintiff to dismiss our client, a distributor of stone products, for a waiver of costs before the motion for summary judgment hearing occurred. The plaintiff was diagnosed with an incurable lung disease allegedly sustained as a result of working with various natural and artificial stone products and related materials. The plaintiff sued our client and a number of other manufacturers and distributors for the products that he handled in the course of his work.
Persuaded the plaintiff to dismiss a $500,000 claim against our client, an atomizer manufacturer, after the plaintiff’s e-cigarette exploded in his pocket, causing him to sustain third-degree burns to his thigh and torso. We demonstrated that the explosion was likely caused by the e-cigarette’s battery, not the atomizer.
Settled a case with a minimal amount of discovery after a patron got into an altercation with another customer at our client’s popular bar/restaurant, suffering a serious traumatic brain injury. The plaintiff initially filed a $3 million claim, arguing that the bar had inadequate security.
Negotiated a favorable settlement for less than half of the amount of damages sought for a major national emergency protection manufacturer facing a wrongful death and products liability action in which an elderly couple died from a fire at their home. As part of the terms of the settlement, the manufacturer admitted no fault. The original claim on behalf of the three plaintiff heirs included a $1 million policy limit demand.
Efficiently resolved all claims filed against a corporation in a $2.5 million breach of contract matter related to an alleged failure to provide defense and indemnity in a prior catastrophic injury case by moving quickly to bring all the parties together at an early mediation.
Settled a $4 million nuisance suit on behalf of a security firm for a popular New Jersey seaside restaurant in which a patron alleged to have been served excessive amounts of liquor, and upon leaving the premises, sustained severe injuries after being involved in a motor vehicle accident.
Related Services
Publications & Speaking Engagements
Education, Admissions & Activities
Education
University of Southern California
B.S., 1983
Southwestern Law School
J.D., 1986
Bar Admissions
California
1987
Texas
2022
Court Admissions
United States District Court of California
Central, Eastern, and Southern
Professional and Community Activities
Association of Defense Trial Attorneys - Former Member