Kyle P. kelley, esq.
Mr. Kelley graduated from Rutgers University in 1992 with a B.A. in English and a minor in Writing. Mr. Kelley received his juris doctorate in 1995 from Whittier Law School, where he served as an editor of the Whittier Law Review and was awarded the American Jurisprudence Award in Contracts and Civil Procedure.
Mr. Kelley was admitted to the California Bar in 1995 and the New Jersey Bar in 1996, and was recently admitted to the Texas Bar in 2019. He is admitted to practice before the United States District Courts for the Central, Northern and Eastern Districts of California, the District of New Jersey and the Eastern District of New York. Mr. Kelley has represented clients in a variety of business litigation disputes.
Mr. Kelley’s business practice focuses on the representation of start-ups and small business owners. He regularly assists clients with organizational and capital structure issues, raising outside start-up capital, handling various employment issues, and negotiating/drafting entertainment, employment, real estate and intellectual property contracts on the client’s behalf. In addition, he oversees the filing of copyright and trademark applications. His clients have included independent film producers, medical professionals, product manufacturers/distributors, restaurant/nightclub owners, real estate investors, and entertainment personalities.
Notable Cases
After client suffered a $200,000 arbitration award against it, I obtained a reversal of the damages portion of an arbitration award on appeal in a published opinion. (Sargon Enterprises, Inc. vs. Browne George Ross LLP (2017) 15 Cal.App.4th 749).
Defended a television personality in a breach of contract claim by former management company. Stayed the action by filing a petition with the California Labor Commissioner under the Talent Agency Act, and obtained an order voiding the contract and an $85,000 award against the manager. Case subsequently settled in client’s favor.
Represented an attorney in a collection case for $80,000 against a wealthy businessman. Compelled arbitration in Superior Court over vigorous objections, obtained a $269,000 arbitration award for damages, interest, attorneys’ fees and costs, and an additional $130,000 in attorneys’ fees and costs for Superior Court proceedings, and successfully defended the judgment on appeal, resulting in additional fees and costs.
Represented television personality in real estate dispute. In arbitration, obtained an award rescinding contract and ordering the refund of client’s investment in the deal.
Successfully defended a claim to ownership of a trademark for an 80’s heavy metal band by a former lead singer and obtained a $700,000+ judgment against that individual for trademark infringement, which was preserved in a subsequent bankruptcy case.
Successfully represented a guitar player from Grammy nominated rock band on claims of wrongful termination from the band partnership, which included litigation in trial and appellate courts and in front of the California Labor Commissioner on California Talent Agency Act claims.
Successfully represented the author of a screenplay against claims of joint ownership by an alleged co-author.
Obtained a verdict after a bench trial granting plaintiff’s choice of damages close to $500,000 or specific performance of a contract to purchase four contiguous parcels of real estate, plus close to $200,000 in attorneys’ fees, which was affirmed on appeal.
Obtained a defense verdict after a bench trial for a dentist from Japan who was sued for commercial misappropriation of name on a dental textbook and an award of attorneys’ fees and costs.
Successfully represented a rock musician in litigation over a television appearance contract.
Successfully defended a television director in an action by his former talent agent in a proceeding before the California Labor Commissioner under the Talent Agency Act.
Defended a physician in a dispute over the ownership and management of MediCal clinics, which resulted in a settlement on favorable terms and a significant reduction in the plaintiff’s claimed damages.
Successfully litigated and obtained a substantial settlement for a plaintiff in a legal malpractice case arising out of the loss of patent rights in the former Soviet bloc countries.
Represented a law firm in a collection matter over a $30,000 fee dispute, and obtained a $250,000 attorneys’ fee award which was successfully defended on appeal.
Successfully represented a corporate travel agency in a collection action to obtain reimbursement under a production company’s surety bond.
Represented a handicapped couple in litigation against their former financial manager, which resulted in a $2.8 million default judgment. That judgment was subsequently preserved in an adversary proceeding in the bankruptcy court and in criminal proceedings against the financial manager.
Successfully represented a television news personality in wrongful termination and breach of contract litigation with a network news channel, in which worker’s compensation counsel was utilized in conjunction with the civil litigation claims to maximize the client’s settlement and minimize tax exposure.