Docstoc

MAX- STICH- CURRICULUM- VITAE-1-31-11

Document Sample
MAX- STICH- CURRICULUM- VITAE-1-31-11 Powered By Docstoc
					                                CURRICULUM VITAE

                                  Max S. Stich, Esq.
                               TIEMEIER & STICH, P.C.
                         1000 East 16th Ave, Denver, CO 80218
                                Direct: (720) 473-7524
                                Main: (303) 531-0022
                                 Fax: (303) 531-0021
                             Email: mstich@tslawpc.com


BORN:

        July 16, 1978, Denver, Colorado

EDUCATION:

        2005   J. D., University of Denver, College of Law

        2001   B.A., University of California, Santa Barbara

PROFESSIONAL ORGANIZATIONS AND AWARDS:

        Member: Arapahoe, Denver, and Colorado Bar Associations

        Member: Thompson Marsh Inn of Court

        Board Member: Friends of Manual High School

        Participant: Anti-Defamation League, Catholic-Jewish Dialogue

        Recipient: Univ. of Denver, Jonathan T. Olom Trial Advocacy Scholarship

        Selection: In 2010, Mr. Stich was selected as a Colorado “Rising Star” in the area
        of construction litigation in a 2010 survey of top lawyers published in Denver's
        5280 Magazine.

PROFESSIONAL EXPERIENCE:

        2005 – 2006: Judicial Law Clerk for Judges John P. Leopold and Gerald J.
        Rafferty, 18th Judicial District, Colorado

        2006 – 2009: Associate Attorney, Montgomery Little Soran & Murray, P.C.

        2010 – Present: Shareholder, Tiemeier & Stich, P.C.
SIGNIFICANT TRIAL, LITIGATION, AND APPELLATE EXPERIENCE:

      1. Commercial Litigation

            Mr. Stich, representing an out-of-state real estate mortgage investor in
             Denver District Court, successfully moved to have a receiver appointed
             for a mortgage company who was servicing the client’s loans in Colorado,
             which totaled nearly five million dollars. Prior to the appointment of the
             receiver, Mr. Stich and the client determined that the servicing company
             had absconded nearly $200,000 of the client’s funds. After the
             appointment of the receiver, Mr. Stich was able to obtain a judgment in
             the complete amount of loss to the client. Collection efforts where then
             initiated, which included post judgment depositions, garnishments of
             multiple accounts, and execution upon the debtor’s personal property.

            Mr. Stich successfully argued to the Court of Appeals while representing a
             large judgment creditor in a lien revival action. The case involved a
             revival of a transcript of judgment in excess of hundreds of thousands of
             dollars. The appellants were property owners whose home was
             encumbered by the transcript of judgment. The property owners presented
             various due process arguments related to the revival proceeding. The
             Court of Appeals disregarded with these arguments and allowed the
             judgment to be revived.

            Mr. Stich, obtained judgment in excess of $1,000,000 while representing a
             national lending institution in an unsecured promissory note claim.

            Mr. Stich, representing a hard money lender in a collection action against
             retail store and guarantors, obtained summary judgment in Arapahoe
             County against the debtors for nearly $650,000. This judgment was
             obtained over objections based upon the credit agreement statute of frauds.
             Mr. Stich, subsequently negotiated a payment schedule for the judgment,
             wherein the client was repaid in monthly cash installments and then upon
             the sale of certain real property.

            In Arapahoe County District Court, Mr. Stich, obtained judgment for
             $175,000 against a former Denver Bronco, who failed to repay an
             unsecured loan.

            While representing a national lending institution in a Mechanic’s Lien
             foreclosure lawsuit in Pagosa Springs, Mr. Stich negotiated a settlement to
             keep bank’s deed of trust in first priority position.

            Mr. Stich, representing a secured hard money lender in a lawsuit filed by a
             national lending institution in Douglas County, negotiated a settlement
             with the lending institution, wherein this bank provided Mr. Stich’s client

                                          2
       a cash settlement in exchange for a stipulation regarding lien priority and
       stipulated judgment and decree of foreclosure.

      In Arapahoe County District Court, Mr. Stich obtained a stipulation for
       judgment for $375,000 against a debtor whose property was encumbered
       by the client’s deed of trust. Instead of foreclosure, Mr. Stich and the
       debtor’s counsel negotiated a six month stay of execution to allow the
       debtor to sell the property, pay the judgment, and release the deed of trust.

2. Construction Litigation

      Mr. Stich defended a general contractor in a payment dispute with a
       subcontractor in Denver District Court. The subcontractor’s claims
       stemmed from unapproved and rejected change orders. After a three-day
       trial, judgment was entered in favor of the Mr. Stich’s client on all claims.
       The Court also awarded the general contractor all of its legal costs
       associated with the lawsuit.

      Mr. Stich, representing a geotechnical engineer, successfully moved to
       have the Larimer District Court limit the engineer’s liability under the
       terms of its contract with the landowner. The trial court’s decision was
       then appealed. Mr. Stich drafted the appellate brief and the Court of
       Appeals upheld the trial court’s decision.

      While representing a civil engineer, Mr. Stich successfully moved to have
       a general contractor’s claims dismissed, under the economic loss rule, in a
       multi-million dollar residential construction defect action in Arapahoe
       County.

      Mr. Stich, representing a restaurant in the Park Meadows Mall,
       successfully bonded over hundreds of thousands of dollars of mechanic’s
       liens in Douglas County District Court.

      Mr. Stich, while representing a general contractor in a claim against a pro
       se Plaintiff obtained summary judgment on all of the Plaintiff’s claims.
       The Denver District Court also awarded Mr. Stich’s client its attorney fees
       in defending the action. The Plaintiff then appealed the trial court’s
       decision. Mr. Stich effectively argued to the Court of Appeals that the
       trial court’s decision was correct. The Court of Appeals agreed and
       upheld the issuance of Summary Judgment.

      As sole trial counsel, Mr. Stich, successfully represented an architectural
       firm in a payment dispute with a commercial landowner. After a one-day
       trial in Adams County, the Court entered judgment in the architect’s favor
       and against the landowner individually. The individual landowner then
       immediately made payment in the full amount of the judgment.

                                     3
3. Landlord / Tenant

      Mr. Stich, as lead trial counsel, successfully represented a commercial
       landlord in a hotly contested eviction action. After an initial one-day
       hearing, despite the tenant’s vigorous attempts to disprove the landlord’s
       claims, the client was awarded possession of the property. A second one-
       day hearing to determine damages was then conducted. At this hearing,
       the tenant attempted to use expert witness testimony to refute various
       charges under the lease. The Denver District Court found in favor of Mr.
       Stich’s client and awarded nearly a quarter of a million dollars in damages
       for back rent, late fees, interest and renovation costs, plus its attorney fees
       and litigation costs.

      In Arapahoe County, Mr. Stich was able to successfully overturn an order
       for possession for a client who was facing an eviction. After the court
       overturned the eviction order, the parties entered into a settlement to allow
       the client to remain in her home.

4. Criminal

      In Arapahoe County Court, Mr. Stich obtained a not guilty verdict for a
       client accused for driving while her ability was impaired.

      Mr. Stich obtained a not-guilty verdict for a client accused of
       misdemeanor assault. The Adams County jury took approximately 20
       minutes to deliberate.

      Mr. Stich, prior to trial, obtained a complete and voluntarily dismissal of
       all charges in a misdemeanor protection order violation matter in Denver
       County Court.




                                      4

				
DOCUMENT INFO
Shared By:
Tags:
Stats:
views:3
posted:9/7/2011
language:English
pages:4