TriPacific Capital Advisors, LLC, an SEC-registered real estate investment advisory firm, recently prevailed on every count of a lawsuit brought by its former employee, Tom F. Mahathirath. Mr. Mahathirath, who was terminated by TriPacific in September 2020, initiated a lawsuit against his former employer alleging various breaches of contract and tort claims, and demanding almost $9 million in asserted damages.

Following the one-week arbitration, retired Federal Magistrate Judge Rosalyn Chapman found in favor of TriPacific and its President, Geoffrey Fearns, on all counts. In her ruling dismissing all of Mahathirath’s claims, Judge Chapman found that they were “without merit” and that Mahathirath’s case against TriPacific Capital and Fearns had been brought “in bad faith”. In making her ruling, Judge Chapman expressly found that Mahathirath’s testimony was “simply not credible”, and that the evidence established that Mahathirath “made several significant intentional misrepresentations”, and wrongfully took and withheld proprietary Company information. The final arbitration award, which was confirmed and entered as a Judgment in the Orange County Superior Court on May 16, 2023, included an award against Tom Mahathirath for over $1.5 million in attorney’s fees and costs to TriPacific as the prevailing party. Mahathirath v. TriPacific Capital Advisors, Orange County Superior Court Case No. 30-2020-01170513-CU-BC-CJC.

Tom F. Mahathirath was represented by David Affeld and Brian England, who are partners in the Los Angeles firm of Affeld and Grivakes. TriPacific was represented by Dan Livingston and Jeffrey Brown of Payne & Fears, LLP in Irvine.

TriPacific Capital CEO Geoffrey S. Fearns noted that “The ruling in this case represents a complete vindication of our position with its finding that Mr. Mahathirath’s allegations were without merit and brought in bad faith. Although we were disappointed that we had to defend ourselves at trial, Dan Livingston and Jeff Brown did a truly superlative job in exposing the complete lack of foundation to this case, and Judge Chapman’s ruling is a testament to their outstanding advocacy skills.”