Severson and Werson

John Sullivan is a member of Severson & Werson, representing auto finance and other financial institution clients, with an emphasis on complex business disputes and fraud claims. His substantive experience includes the following areas:

Class Actions: Mr. Sullivan defends class actions brought by consumers and/or retailers under various national and state consumer protection statutes, as well as common law claims. He is involved with both nationwide class actions and those brought in individual states.

Collateral Protection Insurance: Mr. Sullivan defends automobile finance companies, banks, and mortgage lenders against claims for breach of fiduciary duty, breach of contract and claims arising under Business & Professions Code Section 17200.

Lender Liability Claims: Mr. Sullivan defends lenders against lender liability claims, including fraud, breach of fiduciary duty, usury, unconscionability, bad faith, RICO, and other commercial torts.

Real Property Litigation: Mr. Sullivan prosecutes lenders’ suits to collect loans, including receivership actions, claims against guarantors, attachment proceedings on real property and claims against other lenders. He also prosecutes suits to judicially foreclose on real property security.

Automobile Dealership Litigation: Mr. Sullivan prosecutes claims against automobile dealers for breach of flooring and capital loan agreements, including actions for claim and delivery and injunctive relief.

Accountant Malpractice: Mr. Sullivan prosecutes claims against certified public accountants on behalf of financial institutions.

Corporate Litigation: Mr. Sullivan prosecutes and defends claims against directors and officers for negligence, fraud and breach of fiduciary duties; litigation regarding minority shareholder claims and rights, buyout of minority shareholders and corporate valuation.

Credit Card Litigation: Mr. Sullivan defends claims of collection torts, and prosecutes actions to collect credit accounts.

Mr. Sullivan practices in the area of civil litigation with an emphasis on complex business disputes, contact claims, fraud claims, and consumer class action suits involving the financial services industry. He has handled numerous trials, in state and federal courts and has familiarity with all forms of alternative dispute resolution including arbitration.

Mr. Sullivan's specific experience includes:

Consumer Class Actions: Defense of nationwide and state-wide class actions brought under a variety of state and federal consumer protection statutes, including the Truth-In-Lending Act, Real Estate Settlement Procedures Act (“RESPA”), the Fair Debt Collection Practices Act (both California and federal), the Fair Credit Reporting Act, California’s Consumer Legal Remedies Act, Unruh Act and “Unfair Competition Law,” federal and state leasing acts, and various state-specific consumer finance statutes.

Unfair Competition Claims: Defense of lawsuits alleging violation of California’s “Unfair Competition Law,” sections 17200 and 17500 of California’s Business & Professions Code, which prohibit unfair business practices and false advertising. Defense of lawsuits brought under similar state statutes in numerous states. Resolution of unfair competition claims through dispositive motions, settlement and trial.

Commercial Litigation: Representation of companies in complex commercial disputes involving contract and misrepresentation claims.

Force-Placed Insurance: Representation of lenders and carriers in lawsuits challenging the forced-placement of insurance on lenders’ collateral, both in California and other states, including state and national class actions. Advise lenders and carriers regarding force-placed insurance programs and litigation exposure.

Dealer Reserve Litigation: Defense of automobile finance companies and mortgage lenders from class action claims arising out of “dealer reserve” payments in connection with the purchase of conditional sale contracts.

Lender Liability: Representation of lenders against a wide variety of claims, including breach of loan agreement, fraud, intentional and negligent misrepresentation, breach of fiduciary duty, negligence, tortious interference with business relationships, intentional and negligent infliction of emotional distress, unfair debt collection practices, “predatory” lending practices and alleged statutory violations.

Bankruptcy Code Violations: Defense of secured creditors in nationwide class actions filed in bankruptcy court and alleging collection activities in violation of the automatic stay and discharge injunction under the United States Bankruptcy Code.

Automobile Finance Litigation: Defense of claims arising out of the distribution, sale and financing of automobiles, including claims brought under the antitrust laws, state specific motor vehicle sales financing statutes (such as the “Rees-Levering” Act in California), the federal Automobile Dealer’s Day In Court Act, California’s Vehicle Leasing Act and the federal Consumer Leasing Act. Prosecution of claims against automobile dealers for breach of flooring and capital loan agreements, including actions for claim and delivery and injunctive relief.

Real Estate Finance Litigation: Defense of lawsuits arising out of the sale and financing of real property, including claims for violation of RESPA (Real Estate Settlement Procedures Act) and claims arising out of escrow and title company practices. Prosecution of lenders' suits to collect loans, including receivership actions, claims against guarantors, attachment proceedings on real property and claims against other lenders. Prosecution of suits to judicially foreclose on real property security.

Insurance Coverage Disputes: Representation of financial institutions and insurance brokers in disputes regarding the interpretation and procurement of commercial insurance policies.

Trial Experience: Includes jury trials and bench trials of both class actions and individual actions, in California and other jurisdictions. Arbitration experience in complex commercial issues.

Biographical Information:

Employment History:
Member, Severson & Werson since 1987; joined the firm, 1981
Law Clerk to Honorable Eugene F. Lynch, California Superior Court, 1979-1980

Education: B.A., University of San Francisco, School of Business Administration, 1977. J.D., Hastings College of Law, University of California, 1980.

Admitted to Practice: California state and federal courts, 1980.

Professional Affiliations: Member, American Bar Association, Litigation Section; State Bar of California; Bar Association of San Francisco. Lecturer before the American Financial Services Association and for the California Financial Services Association; Member of the Governing Committee of the Conference on Consumer Law.

• Severson & Werson attorneys nominated as Northern California Super Lawyers 2011.
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