Mr. Wager-Smith defended an oral surgeon who purchased a Northern California practice and was subsequently sued by the seller. The seller claimed our client had breached the purchase agreement by failing to pay a portion of the purchase price. After analyzing the purchase, we filed a cross-complaint alleging that the seller had failed to disclose the fact that top referral sources had stopped referring patients to the practice prior to the sale.

Pursuant to the terms of the purchase agreement, this case was submitted to arbitration.

In the course of several days’ worth of testimony and oral arguments, Mr. Wager-Smith successfully proved that the seller had in fact deceived our client by failing to disclose the loss of revenue and loss of good will of the practice in the months leading up to the sale. Not only did the arbitrator rule against the seller, he also ruled in favor of our client, awarding her $481,830.29 in damages, costs and fees. (Santa Clara County Superior Court Case No. 1-06-CV058010)