Project Description

Mark Flewelling

mflewelling@afrct.com   |    Download vCard

  Tel: 626.535.1900       Fax: 626.577.7764

Consumer Class Actions

In the last two years, Mark and his AFRCT team have obtained dismissals with prejudice of three consumer class actions that had drawn widespread interest:

  • In a complex putative class action, plaintiffs claimed the bank improperly influenced a regional cost of funds index. AFRCT substituted in late in the case, conducted much of the remaining discovery, and moved for summary judgment. The District Court granted the bank’s motion for summary judgment shortly before trial. Click Here To View The Law 360 Article.
  • In another complex putative class action, plaintiffs alleged improper changes to a proprietary cost of savings index. Though Mark and his AFRCT team again substituted in late in the case, they achieved a dismissal with prejudice after a successful motion for judgment on the pleadings. Later, the San Francisco Superior Court granted the bank’s fee motion.
  • Plaintiffs alleged the improper handling of loan escrow accounts on behalf of a large putative class. After one round of pleadings motions, the District Court granted the bank’s motion to dismiss the case with prejudice. The case settled with the bank’s fee motion pending. Click Here To View The Law 360 Article.

Commercial Lending Litigation and Workouts

Mark has represented lenders in commercial lending disputes for over 30 years, including:

  • A dispute over the sale and financing of a Southern California office building. After Mark filed a series of pleadings challenges, the court dismissed the lender with prejudice. An unpublished opinion from the Court of Appeals upheld the trial court’s decision.
  • A dispute over the financing of a Texas hotel. After early motions streamlined the case to several issues, the District Court granted the lender’s summary judgment motion as well as a subsequent fee motion. The Ninth Circuit Court of Appeals upheld both awards.
  • Dozens of workouts for troubled real estate, business and trade finance assets.

Mark T. Flewelling

A graduate of Occidental College and the University of Southern California Law School, Mark Flewelling, has represented financial institutions, businesses and entrepreneurs in a wide variety of litigation for nearly 35 years.

Mark’s banking practice includes consumer class actions, lender liability disputes, negotiable instruments cases, and commercial lending matters.

His business litigation practice includes disputes over real property purchases and financing, investment fraud, and import/export transactions.

Mark is currently defending consumer class actions in Maine, Florida, Washington and California.

Lender Liability.

Since 2008, Mark has overseen AFRCT’s defense of more than 2000 lender liability cases filed in state and federal courts throughout California.

AFRCT’s successful track record includes dismissals of the vast majority of these cases in less than six months.

Of the several cases that have been tried, all have resulted in judgments for the lender.

One of these cases became a key victory for national banks when the Ninth Circuit Court of Appeals held that national banks are citizens only of the state where they have designated their main office.

Business and Real Estate Litigation.

Paired with AFRCT’s Bob Bailey, Mark recently tried and won an unusual lawsuit involving a contract to exchange two starkly different properties – – vacant land in Tehran, Iran for a duplex near Disneyland.

Mark defended an importer sued by a freight forwarder over disputed shipments from China.

The court granted the importer’s summary judgment motion and later granted the importer’s motion for attorney’s fees against the freight forwarder.

The decision was upheld in an unpublished opinion issued by the Second District Court of Appeal.

Married with three adult children and one grandchild, Mark enjoys fly fishing, golf, and tennis in his spare time.

Devoted to community service, Mark has served as a mayor and councilman for a nearby city as well as a trustee of three school boards.

Practice Areas