Important or Memorable Cases Attorney in Dorado Beach, Puerto Rico

Creative Lawyering

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well i’ve handled a number of cases and

i can bring creativity to each case now

one example is radco versus diamond

walnut this is one of my first cases

after i left the big firms and opened up

my own shop radco manufactured urethane

foam and they sold it for construction

sites to a subcontractor named midstate

midstate applied it to diamond walnut’s

roofs then they didn’t pay radco so my

client calls me and how do i get a

mechanical and i said well did you do

your 20 day notice so you have to do a

notice to the owner that you’re

providing materials if you want to get a

lien against that owner’s property

they didn’t do a 20-day notice the time

had expired you have to do it within 20

days of the delivery of the product to

the site

so i said well can you go and drive

there and pick up these 55-gallon drums

drive them around the block and then

drop off again you’re releasing

possession and boom here’s your 20-day

notice well no they’re all locked up

they’re all locked up in a warehouse

so that’s just great so i thought about

my conversation with him he said


could not pay their bills when due they

were basically insolvent when they

purchased that product on credit

i remembered something about my reading

of the ucc uniform commercial code

and if someone buys a good on credit

and is insolvent at the time

that you can demand return of those

goods and you get constructive

possession of the goods

so i demanded the return

and then i now had constructive

possession and then i served a 20-day

notice and i released constructor

possession although the 55-gallon drums

never left the warehouse so i explained

this to

diamond walnut they laughed at me i said

don’t don’t do not pay mid-state and

they did we sued we won

it was precedent setting because nobody

had ever grafted the ucc under a

mechanical lean statute

and the judge ordered diamond walnut to

pay us in full although they had already

paid mid-state who later filed


Santa Ana, CA commercial litigation attorney Dan Callahan shares the story of his memorable case: Radco v. Diamond Walnut.

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