Mark Flewelling

 
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Founding Partner

JD 1980 - University of Southern California

AB 1976 - Occidental College

Practice Areas

 

A founding partner of AFRCT, Mark has represented financial institutions and the business community in a wide variety of state and federal court litigation for nearly 40 years.  Mark’s banking practice includes consumer lending litigation, negotiable instrument cases and commercial lending disputes.  Mark has represented business clients in real estate disputes, investment fraud, and commercial litigation. 

Mark led an AFRCT team that secured dismissals of several putative class actions, including: 

  • An action where plaintiffs claimed a bank improperly influenced a regional costs of funds index. The bank’s summary judgment motion was granted, and a threatened fee motion against the representative plaintiff leveraged a waiver of an appeal. 

  • An action where plaintiffs alleged that a bank made improper changes to a proprietary adjustable rate index. After a series of pleadings motions resulted in a dismissal, the bank’s fee motion was granted. The representative plaintiff later waived an appeal.

  • An action over the handling of loan escrow accounts, where the bank’s motion to dismiss was granted.

Mark has also:

  • Supervised thousands of lender liability cases filed in state and federal courts in California, Washington and Oregon.

  • Overseen AFRCT’s appellate team, which has secured key victories for lenders, including a Ninth Circuit Court of Appeals opinion holding that national banks are “citizens” only of the state where they designated their main office.  (Rouse v. Wachovia Mortgage, FSB, 747 F.3d 707 (9th Cir. 2013).)

Litigated negotiable instruments cases involving forged endorsements, counterfeit checks, wire transfers, and other cases governed by the UCC.

Mark’s experience with commercial lending disputes include:

  • A dispute over the sale and financing of a Southern California office building. The court granted dispositive motions and dismissed the lender with prejudice. 

  • A dispute over the financing of a Texas hotel. The district court granted the lender’s summary judgment motion and a subsequent fee motion. The Ninth Circuit Court of Appeals upheld both awards. 

Mark has also represented large and small businesses in litigation arising from:

  • Import/Export Transactions;

  • Probate Matters;

  • Real Estate Transactions;

  • Collection Matters.

Devoted to his community, Mark has served on several school boards and was elected as a mayor and member of a city council.