Cases of Interest

Police Liability Cases

Bonilla v. City of West Sacramento, et al. (2017) Yolo County Superior Court Case No.:  CV 15-273 – Plaintiff brought a Negligence cause of action against the City of West Sacramento and its officers stemming from the execution of an arrest warrant at Plaintiff’s residence. Plaintiff alleged that after his arrest, officers failed to secure his residence which allowed an unknown third party to burglarize the home.  The Court granted summary judgment in favor of the Defendants and dismissed the case. (Sean O’Dowd)

Collis v. City of Alturas, et al. (2017) Modoc County Superior Court Case No.: CU-16-058 – Defense verdict obtained after jury trial on allegations that excessive force was used resulting in wrist injuries during arrest for  resisting, delaying or obstructing a peace officer in violation of Penal Code Section 148(a)(1) and Public Intoxication  in violation of Penal Code 647 (f).  (Amie McTavish)

Shellabarger v. City of Red Bluff (2016) Tehama Superior Court Case No. CI72153 – Petitioner filed alternative writ seeking City of Red Bluff’s billing invoices from attorneys defending the City in a related federal police case (Shellabarger v. Dicharry, et. al. (E.D. 2013) 2:13-cv-00188).  Petitioner also sought attorney’s fees from City for filing writ after City denied her Public Records Act request.  Court denied the petition, holding that attorney billing invoices submitted to the City were attorney-client privileged.  (Carrie A. McFadden & Sean O’Dowd)


Bernhardt v. City of Susanville, et al. (E.D. 2014) 2:13-CV-02259 – Plaintiff brought allegations of excessive force and false arrest against City of Susanville Police officers after an arrest for violations of Penal Code 647(f) and 148(a)(1). Brought 12(c) motion based on collateral estoppel and Heck v. Humphrey. Plaintiff did not oppose our motion and voluntarily dismissed case. (Amie McTavish)

Niesen v. County of Yolo, et al. (2014) United States Eastern District of California Case No. 2:14-cv-02921-WBS-CKD – Obtained summary judgment in an excessive force lawsuit that involved the shooting of two aggressive pit bulls by police officers during a probation search (Kevin J. Dehoff and John Whitesides)

Ortiz v. McDonald, et al. (2014) Yolo Superior Court Case No. G14-437 – Plaintiff alleged a West Sacramento peace officer fraudulently drafted a collision report erroneously stating Plaintiff caused the traffic accident.  Defendants filed two successful demurrers arguing the officer and the city were immune.  The second demurrer caused Plaintiff to dismiss with prejudice.

 

Tsarnas v. City of Roseville, et al. (2013) SCV-0031332 – Plaintiff alleged unlawful entry into his residence, unlawful arrest and use of excessive force against officers who responded to a report in the middle of the night by a neighbor of hearing a young child screaming. Defendants’ motion for summary adjudication was granted eliminating Plaintiff’s Fourth Amendment causes of action based on collateral estoppel. Plaintiff dismissed his remaining state law causes of action on the eve of trial. (Carrie A. McFadden, & Alex T. Hughes)

Vilar v. County of Yolo, et al. (E.D. 2013) 2:12-CV-01472 – Plaintiff brought allegations of excessive force and false arrest against a Yolo County Sheriff’s Deputy. Plaintiff attempted to use his acquittal in the underlying criminal case to show the Deputy did not have probable cause for the arrest. Summary Judgment was granted and the case ultimately dismissed. (Amie McTavish)

Biscotti v. City of Yuba City, et al. (E.D Cal. May 2013) 2:11-CV-01347 – Officers knocked on the front door of a home about 10 pm to investigate a report that a female resident had brandished a gun at a census worker earlier that evening.  The woman, a 67-year old grandmother, came to the front door with a shotgun pointed in the officers’ direction and did not comply with commands to put the gun down.  Fearing for their safety and the safety of others, two officers fired their guns, resulting in the woman’s death.  The woman’s two sons alleged that the officers’ pre-shooting conduct and decision to shoot violated their Fourteenth Amendment rights and was negligent.  Plaintiffs attempted to dispute that the officers verbally identified themselves before firing. Plaintiffs also alleged the Police Chief and City were liable for failing to train and supervise the officers.  Summary judgment was granted for the defendants on all claims.  See http://www.appeal-democrat.com/articles/city-125233-police-suit.html. (Bruce Kilday & Carrie McFadden)

Gutierrez v. City of Woodland. (2012) Eastern District of California No. 2:10-cv-01142 — Unanimous defense verdict after month-long trial involving civil rights and wrongful death allegations against Yolo County Sheriff’s Deputies following an officer-involved shooting. See http://www.mercedsunstar.com/2012/10/24/2609756/jury-backs-yolo-officers-in-fatal.html.   (Bruce Kilday & Amie McTavish)

Westfall v. City of Citrus Heights, et al. (2011) Sacramento Superior Court Case No. 34-2008-00025869 – Defense verdict obtained in civil rights case against officers and the City involving allegations of multiple false arrests, improper search, violations of obligations under Miranda and Brady, conspiracy to violate civil rights, inadequate training, and unconstitutional department policies. (Carrie McFadden & Bruce Kilday)

Wyatt v. City of Chico Police Dept., et al. (E.D. Cal. 2011) Case No. 2:05-CV-02025-EFB – Unanimous defense verdict in civil rights case under 42 U.S.C. alleging excessive force and false arrest against City of Chico police officer.  (Amie McTavish)

Perez v. City of Stockton, et al. (2010) San Joaquin Superior Court Case No. 39-2010-00242664-CU-CR-STK – Obtained dismissal of excessive force lawsuit against two police officers and the City stemming from an arrest after a traffic stop. Plaintiff claimed over $1,000,000 in past medical specials. (Kevin J. Dehoff)

McKie v. Rocklin. (2010) Eastern District Case No. 2:10-CV-02180-JAM-DAD – Police shooting case won on a 12(c) motion based on collateral estoppel. (Bruce Kilday & Amie McTavish)

Beecham v. City of West Sacramento, et al. (2009) Eastern District Case No. S-07-1115-JAM-EFB – Trial involving excessive force and unlawful search and seizure that resulted in verdict of less than $40,000 despite Plaintiffs requesting the jury to award over $1 million dollars in damages. Successfully defended Plaintiffs’ post-trial motion for injunctive relief against the police agency. (Carrie McFadden & Laurence Angelo)

Hocking v. Roseville. (2009) Eastern District Case No. 2:06-CV-00316 JAM EFB – Defense verdict in case involving false arrest and excessive force allegations against two officers who arrested a woman pursuant to Penal Code 647(f), drunk in public. The use of force was captured on a dashboard video and presented to the jury. (Bruce Kilday)

Reyes v. City of West Sacramento. (2009) Eastern District Case No. 2:08-CV-01219-MCE-EFB – Plaintiff alleged that the City had a policy for using violent means to take fugitives into custody under a Monell liability theory. Court granted motion for summary judgment. (Amie McTavish & Bruce Kilday)

McCaskill v. Shasta County, et al. (2007) Eastern District Case No. CIV-S-04-0704 – After a 2 week trial, conducted by Larry Angelo and second chaired by Carrie McFadden, involving §1983 claims of excessive force, the jury reached a verdict for the defense. (Laurence Angelo & Carrie McFadden)

White v. City of Stockton. (2005) San Joaquin Superior Court Case No. SV254167 – Obtained dismissal and had costs awarded to the City in a lawsuit filed by former City Councilmember against the Stockton Police Department. (Kevin Dehoff)

Johnson v. Lewis. (2004) 120 Cal.App.4th 443 – Represented a peace officer in a false arrest case. Summary judgment was granted and affirmed on appeal. (John Whitesides)

Moua v. Chico et al. (2004) 324 F. Supp. 2d 1132 – Hmong victims of an assault filed a federal lawsuit against the police officer who responded, claiming that he failed to obtain the services of an interpreter, thereby failing to provide them with police services that an English speaker would have received. Plaintiffs also sued police chief, City Council and city. District Court granted Defendants’ motion for summary judgment finding that there was no equal protection violation and no evidence if disparate treatment. Plaintiffs subsequently filed similar action in state court, which is dismissed as a result of a demurer based on res judicata. Subsequently, plaintiffs file qui tam action in federal court, which was also dismissed. (Bruce Kilday)

Ford v. Ramirez-Palmer et al. (9th Cir. 2002) 301 F. 3d 1043 – State prison inmate is brutally murdered by another inmate in a psych unit. Killer had been determined to be a “predator” and was sharing a cell with victim. We assumed representation from the Attorney General’s Office after close of discovery. Our motion for summary judgment was granted as to the warden, but denied as to the associate warden and two lieutenants. On interlocutory appeal, the Ninth Circuit reversed, holding that plaintiffs had failed to establish the elements of Deliberate Indifference on the part of the associate warden and the two correctional lieutenants. (Bruce Kilday)

Torres v. Terhune. (2002) 2002 U.S. Dist. LEXIS 1137 – State prison inmate is shot and killed by a guard who was trying to stop a series of violent assaults in the exercise yard at High Desert Prison. We represented the Warden and prevailed on a motion for summary judgment by demonstrated that the warden did not have the knowledge necessary to establish deliberate indifference. Trial court decision was upheld by the Ninth Circuit. (Bruce Kilday)

Davis v. City of Sacramento. (1994) 24 Cal. App. 4th 393 – Obtained unanimous defense verdict in a fatal police shooting. (Bruce Kilday)

Orozco v. Yolo et al. (1993) 814 F. Supp. 885 – Family members of man shot after shooting and killing a police officer, were brought into the police station for questioning and kept there until the next morning. Family members alleged illegal detention. Defendants were able to negotiate a settlement. (Bruce Kilday)

Sullivan v. Sacramento. (1987) 190 Cal. App. 3d 1070 – Plaintiff alleged improper response by police dispatcher. Defendant’s demurrer in the trial court on duty grounds was sustained, and affirmed on appeal. (Bruce Kilday)

Additional Policy Liability Cases

Emerson v. Amador County (2006) United States District Court, Eastern District of California CIV-S-02-1510– Alleged excessive force

Driessen v. Tehama County, 125 Fed. Appx. 178 (9th Cir. 2005) – Alleged false arrest and excessive force

Dell’Orto v. Stark, 123 Fed. Appx. 761 (9th Cir. 2005) – First amendment violation and false arrest

B.C. v. Hagwood, 1997 U.S. Dist. LEXIS 23798 (1997) – Illegal search and seizure of students at public school

Ellis v. City of Roseville – Fatal shooting of suspect who charge at officers with a hammer after being Teased and hit with pepper spray. Federal Court granted defense’s motion for summary judgment.

Nunnelley v. City of Sacramento – Obtained a nonsuit in case involving the shooting of an innocent bystander by police officer.


Labor & Employment Cases

Discrimination

Jeffries v. City of Galt (2014) Sacramento Superior Court Case No. 34-2011-00115333 – Defense verdict in a 10-week age discrimination trial filed by former Parks and Recreation Director against City of Galt.  Tried by (Carolee G. Kilduff & Serena M. Warner)

O’Roy v. Thunder Cuts, Inc., et al. (2013) California Unemployment Insurance Appeals Board, Ab No. AO-3340018 – Convinced the UIAB appeals board to overturn and adverse ruling by an Administrative Law Judge who had awarded Plaintiff unemployment benefits. After the ruling by the UIAB, potential state court lawsuit involving FEHA racial discrimination and sexual harassment was abandoned. (Kevin Dehoff)

Passuello v. Sierra Community College District (2012) Placer County Superior Court Case No. 0026583 – Defense verdict following a 10 week jury trial in a case by two Plaintiffs alleging disability discrimination and retaliation against their employer Sierra Community College. Tried by (Carolee Kilduff & Cori Sarno)

Fonseca v. City of Red Bluff (2010) Eastern District of California Case No. 2:10-cv-02685-MCE-CMK – ADA lawsuit by litigious Plaintiff’s firm was dismissed after obtaining significant discovery sanction. (Kevin Dehoff & Cori Sarno)

Scott v. City of Yuba City (2009) 2009 U.S. Dist. LEXIS 115482 – Obtained summary judgment on disability discrimination claims (diabetes) under state and federal law, harassment, retaliation, failure to accommodate, and failure to engage in interactive process before close of discovery. (Carrie McFadden & Cori Sarno)

Bell v. City of Woodland (2008) Yolo Superior Court Case No. CV05-1215- Motion for summary judgment granted as to pregnancy discrimination claim. Case proceeded to trial on remaining gender discrimination claim and ultimately settled after numerous successful motions in limine. (Carolee Kilduff & Carrie McFadden)

Lancaster v. County of Yolo (2007) 2007 U.S. Dist. LEXIS 47374 – Court granted Defendant’s motion for summary judgment in an employment case involving § 1983, Title VII, and FEHA discrimination claims. (Carolee Kilduff & Cori Sarno)

Enriquez v. City of Sacramento (1995) Eastern District Court No. CIV-S 92-1195 DFL/JFM – Complex federal suit by two police officers against their own department alleging that they were the victims of racial discrimination and harassment. District court granted motion for summary judgment and dismissed the entire case. (Bruce Kilday & Carolee Kilduff)

Hanson v. City of Sacramento – Defended the City of Sacramento in a lawsuit filed by a police officer alleging that she had been subjected to discrimination and harassment based on her gender preference. Plaintiff was represented by nine lawyers from three San Francisco law firms plus the ACLU, who ran up over $900,000.00 in attorneys’ fees. Defense fees were less than 25% of plaintiff’s fees, case ultimately settled. (Carolee Kilduff & Bruce Kilday)

Bonenfant v. County of Yolo (1998) 1998 U.S. App. LEXIS 29571 – ADA case filed by former criminal investigator against the District Attorney’s Office. All civil rights allegations were dismissed through summary judgment motion. At trial, the jury gave a defense verdict on the ADA failure to accommodate theory, but gave the plaintiff a small award on a theory of termination because of a disability. However, the trial judge granted a motion for judgment (similar to JNOV) and the Ninth Circuit affirmed the entry of judgment on all grounds on behalf of the defendants. (Bruce Kilday)

Sullivan v. Davis (1993) Yolo Superior Court No. 69561 – Sexual harassment case against Davis P.D. and Chief of Police. After a 4 week jury trial, the jury delivered a verdict for the defense. (Carolee Kilduff)

Lloyd v. Davis (1992) Yolo Superior Court Case – Gender discrimination case against City and several individual defendants. 3 day jury trial, motion for nonsuit granted after opening statement. (Carolee Kilduff)

Wrongful Termination


Lancaster v. County of Yolo (Cal. 3d. App. Dist. 2009) Case No. C058651 – Plaintiff claimed that her rights under the Public Safety Officers Procedural Bill of Rights were violated. Trial court sustained County’s demurrer, affirmed on appeal and awarded attorneys fees in the amount of $70,033.89. (Cori Sarno)


Scott v. Solano County, et al. (2008) Eastern District Case No. 2:06-cv-01216 – Solano County investigated plaintiff, a welfare eligibility worker, for welfare fraud that resulted in her termination. The court determined that legitimate, good faith reasons existed for plaintiff’s termination and that plaintiff failed to meet her burden in demonstrating that the County and individual defendants harassed, retaliated or discriminated against her. Summary judgment was granted for plaintiff’s race discrimination, harassment, retaliation, and wrongful termination claims. (Carrie McFadden & Laurence Angelo)

Retaliation


Winters v. County of Solano (2011) Solano County Case No. FCS035144 – Five week trial against County by current employee alleging whistleblower retaliation. Tried by Carolee G. Kilduff and Carrie A. McFadden. Plaintiff was represented by three lawyers from two Oakland law firms who ran up over $1 million in attorneys’ fees, while the defense fees were significantly less. Case ultimately settled. (Carolee Kilduff & Carrie McFadden)


Patche v. Dept. of General Services (2011) Sacramento Superior Court Case No. 06AS03408 – Plaintiff filed three civil complaints alleging whistleblower retaliation after the case had already been adjudicated before the State Personnel Board. The three cases were consolidated and dismissed after the court granted defendant’s motion to strike the consolidated complaint in its entirety. (Carolee Kilduff & Serena Warner)

Schantz v. Yuba Community College, et al. (2010) Eastern District Case No. 2:10-CV-00630-FCD-JFM – Obtained dismissal of FEHA harassment and retaliation claims after filing demurrer. (Carrie McFadden)


Hirschler v. Dept. of Corrections (Cal. 3d App. Dist. 2008) Case No. C053955 – Case involving whistleblower causes of action under Business and Professions Code. Trial court granted motion for summary judgment and awarded $160,000 in attorney fees. The MSJ and attorneys fees award were both affirmed on appeal. (Carolee Kilduff & Cori Sarno)


Williamson v. City of Dixon (2008) Solano Superior Court Case No.: FCS030623 – Represented the City in a wrongful termination/assault case involving an employee whose barn burned down after a confrontation with the Assistant Fire Chief. Plaintiff agreed to amend the complaint, dropping several causes of action after a demurrer and the case settled prior to summary judgment hearing. (John Whitesides)


Moosa v. CSU Chico (2006) Butte Superior Court Case No. 123346 – Professor filed lawsuit against university employer alleging First amendment retaliation, whistleblower retaliation and violation of privacy. After a 6 week jury trial, the court granted Defendant’s motion for directed verdict as to the Dean, defense verdict as to the Chancellor Charles Reed, President Esteban and CSU Chico. Upheld on appeal. (Carolee Kilduff)

Clark v. Washington Unified School District, Yolo Superior Court No. V96-000608 – Plaintiff was a high school instructor who alleged that she was victimized because of her advocacy for immigrant students, and therefore forced to work excessive hours and denied pay for a position that she was actually working. Court sustained our demurrer to the Second Amended Complaint without leave to amend on a combination of grounds, including FEHA application, Govt. Tort Claims Act compliance, exhaustion of administrative remedies, and Statute of Limitations. (Bruce Kilday)

State Personnel Board Appeals


Patche v. Dept. of General Services (2005) – Successfully defended the Department of General Services against whistleblower retaliation and merit issue complaints. (Carolee Kilduff)

Other


Bartsch v. Regents (Cal. 3d App. Dist 2006) Case No. C049752 – A breach of contract and defamation suit arising out of employment. Defendant’s demurrer was sustained, anti-SLAPP motion granted and attorney’s fees were awarded on appeal. (Cori Sarno)

Additional Labor & Employment Cases

Dilg v. Butte Community College (2000)Butte Superior – Alleged sexual harassment

Stanley v. Amador County (1998) Amador Superior 96-CI-8036 – gender discrimination and wrongful termination

Buckley v. Butte Community College District (1997) Butte Superior 117443 – age discrimination

Diruzza v. County of Tehama (9th Cir. 2003) 323 F.3d 1147 – Employment discrimination

Larson v. Harrington (1998) 11 F. Supp. 2d 1198 – Discrimination and sexual harassment

Froyd v. Cook (1988) 681 F. Supp. 669 – Discrimination

Hedrick v. Marchand (1983) 1983 U.S. Dist. LEXIS 19474 – Discrimination

Fain v. County of Sacramento (9th Cir. 1997) 1997 U.S. App. LEXIS 8633 – Discrimination

Rodgers v. County of Yolo-Sheriff’s Dep’t (1995) 889 F. Supp. 1284 – harassment/discrimination


Parsons v. Solano County (9th Cir. 2003) 70 Fed. Appx. 467 – Due process/wrongful termination

Tetzlaff v. City of Woodland (9th Cir. 2000) 2000 U.S. App. LEXIS 24868 – Sexual harassment/gender discrimination


General Torts & Dangerous Conditions

Canulli v. City of Auburn, et al. (2016) Placer County Superior Court Case No. SCV0037612 – Obtained complete indemnity from co-Defendant’s insurer after coverage dispute for personal injury settlement stemming from a trip and fall into an allegedly defective planter box. (Kevin J. Dehoff)

Garcia v. City of Isleton (2016) Sacramento County Superior Court Case No. 34-2016-00200786 – Obtained dismissal of a personal injury lawsuit involving a motorist who collided with another vehicle in an intersection that was an allegedly dangerous condition of public property due to the placement of traffic control devices.  (Kevin Dehoff)


Barbour vs. City of Winters. (2014) Yolo County Superior Court Case No. ED14-527 – Successfully obtained the dismissal of an environmental tort lawsuit involving claims of inverse condemnation, nuisance, trespass, and negligence against the City for a purported taking of private property. (Kevin Dehoff & John Whitesides)


Catlin v. City of Isleton. (2013) Sacramento Superior Court Case No. 34-2013-00146861- Obtained dismissal of the City on governmental immunity in a lawsuit involving traumatic brain injuries claimed by Plaintiff. (Kevin Dehoff)

Bellamy v. City of Isleton. (2012) Sacramento Superior Court Case No. 34-2012-00133018 – Successfully litigated insurance coverage dispute between Defendants resulting in Co-Defendant indemnifying City client in its entirety for significant Complex Regional Pain Syndrome settlement. (Kevin Dehoff)

Hettinger v. Harris, et al. (2010) Sacramento Superior Court Case No. 34-2010-00085458 – Obtained dismissal of public entity before incurring discovery expenses in personal injury lawsuit. (Carrie McFadden)

Stockinger v. Feather River Community College. (2003) 111 Cal.App.4th 1014 –A college student on a class trip rode in the bed of a fellow student’s truck without a seatbelt was injured during a collision. Plaintiff filed a lawsuit against the college alleging negligence in planning and supervising. The college’s motion for summary judgment was granted and affirmed on appeal. The Ninth Circuit held that a college does not have general liability for off-campus injuries to students. (Laurence Angelo)

Lyon v. County of Yolo. (2002) 2002 Cal. App. Unpub. LEXIS 471 – Dangerous Condition case involving a young woman who enters an intersection in Yolo County and is struck by a large farm vehicle, causing serious injuries and over $1.2 million in medical bills. Obtained summary judgment using both photographic and video evidence of visibility. Affirmed by Court of Appeal. (Bruce Kilday)

Alcala v. Auburn Area Recreation & Park Dist. (2001) 2001 Cal.App. Unpub. LEXIS 2011) – Little League coach sued Park and Recreation District as a result of his being suspended for abusing an umpire. Plaintiff alleged defamation as a result of the publication of information in connection with a public hearing that he had requested. Trial court granted summary judgment, and issued an award of costs, including over $18,000 in attorney’s fees. Court of appeal affirmed the granting of the summary judgment motion and also issued an additional award of sanctions, including attorney fees for a frivolous appeal. (Bruce Kilday)

Hoff v. Vacaville Unified School District. (1998) 19 Cal.4th 925 – Plaintiff husband was injured when a student exiting a high school parking lot jumped the curb with his car and struck plaintiff husband, who was on the sidewalk across the street. The appellate court held that plaintiffs husband and wife could pursue a negligence claim against defendant school district based on the breach of a duty to supervise the student. The California Supreme Court reversed and remanded, as there was no duty to plaintiff, because he was a non-student who was not on school property at the time of the accident. (Laurence Angelo)

Heitz v. County of Sacramento. (1978) 87 Cal.App.3d 754 – Plaintiff brought suit for injuries sustained from receiving a flu immunization from Defendant county. The trial court sustained County’s general demurrer asserting total immunity and dismissed the case, affirmed on appeal. (Laurence Angelo)

Delaney v. Yolo County. – Dangerous condition case involving two plaintiffs who ran off a road at a “T” intersection. Obtained unanimous defense verdict in jury trial. (Bruce Kilday)

Additional General Torts Cases

Nunez v. St Helena High School District. (1998) Napa Superior C-77661 – Alleged negligence of coach

Hoff v. Vacaville Unified School District. ( 1997) Solano Superior A071269  – Alleged negligent supervision


Civil Rights Cases


Sowers v. City of Roseville. (2015) Placer County Superior Court Case No. SCV0035958 – Obtained dismissal of the City of Roseville Police Department in lawsuit filed by arrested suspect pursuant to 42 U.S.C. § 1983 who challenged his seizure. Later defeated challenges to overturn the dismissal by a motion to vacate judgment. (Kevin Dehoff & Amie McTavish)

Levi v. Rosenberg, et al. (2014) Yolo Superior Court Case No. CV14-196 – Plaintiff brought allegations of illegal search and seizure against the Yolo County District Attorney’s Office.  Plaintiff claimed that an assistant district attorney misled the judge about the facts supporting the search warrant and the warrant was improperly executed Yolo DA employees.  The demurrer was sustained, the anti-SLAPP motion was granted, and attorney fees were awarded. (Alex G. Hughes)

Buzayan v. City of Davis. (E.D. Cal 2013) 927 F.Supp.2d 893 – District attorney’s media statements about a dismissed juvenile prosecution could not support invasion of privacy liability. (John Whitesides)

Sherman v. City of Davis. (2012) Yolo Superior Court Case No. 2:11-cv-00820 – Quick dismissal of a vexatious litigant’s Complaint which alleged violations of Plaintiff’s First and Fourth Amendment rights pursuant to a city-wide conspiracy.  (Serena Warner)

Cardoza v. Tann, et al. (2011) United States Eastern District Court Case No. 1:11-cv-01386-RRB- Obtained summary judgment in favor of state prison warden and correctional officer Defendants in case alleging constitutional violations related to prisoner Plaintiff’s cell extraction, pepper spray decontamination, and holding. (Kevin Dehoff & John Whitesides)

Westfall v. City of Crescent City. (N.D. Cal. 2011) 2011 U.S. Dist. LEXIS 101710 – Won dismissal of First Amendment claim filed by a City Councilwoman against City Council. The court granted the City’s two anti-SLAPP motions against plaintiff and awarded full attorneys’ fees for both. The City obtained a writ of execution for the judgment. (Cori Sarno & Serena Warner)

Fabbrini v. Dunsmuir. (9th Cir. 2011) 631 F.3d 1299 – Won dismissal of civil rights claim in federal court alleging First Amendment violation and malicious prosecution. The court granted Defendant’s anti-SLAPP motion and also granted summary judgment, both affirmed by the Ninth Circuit. (Bruce Kilday, John Whitesides & Cori Sarno)

Richards v. Prieto. (E.D. Cal 2011) Case No. 2:09-CV-01235-MCE-DAD – Constitutional challenge of sheriff’s concealed weapon permitting policy. Won on summary judgment, on appeal in the Ninth Circuit. (Peter Halloran and Serena Warner)

Thompson, et al. v. City of Redding, et al. (2009) Eastern District Case No. 2:09-cv-01609-WBS-CMK – Civil rights lawsuit pursuant to 42 U.S.C. §1983 related to real estate and building code violations was dismissed after filing summary judgment related to information contained in Plaintiffs’ Chapter 7 bankruptcy schedules. (Kevin Dehoff)

Olson v. City of Etna. (2009) Eastern District Case No. 2:10-CV-02309-GEB-GGH – Obtained dismissal in pro per case involving City Council and issuance of building permits alleging variety of claims from defamation to due process, equal protection, retaliation, conspiracy, and negligence for nominal value before incurring significant discovery expenses. (Laurence Angelo & Carrie McFadden)

Ceremello v. Dixon. (2009) – Successfully defended City Council and City Manager against allegations of First Amendment violations based on limitation on time of public comments at City Council meetings. Case dismissed in federal court for a waiver of costs.


Sherman v. City of Davis, et al. (2008) Eastern District Case No. CIV S-04-2320 LKK EFB – Successful motion for summary judgment in section 1983 action, upheld on appeal. (Carrie McFadden)

Arnold v. Yolo County. (2008) Yolo County Superior Court Case No. P006-685 – Plaintiff alleged wrongful seizure of livestock, due process violations, and various torts including negligent infliction of emotional distress and wrongful interference with economic advantage. Motion for summary judgment granted. (Carrie McFadden & Laurence Angelo)

B.C. v. Plumas Unified School District. (9th Cir. 1999) 192 F.3d 1260 – Student brought § 1983 suit for an unreasonable dog sniff search at a school. The Ninth Circuit held that the student lacked standing to bring a suit for violation of constitutional rights and that the school district defendants, in their individual capacities were entitled to qualified immunity from money damages. (Laurence Angelo)

Harris v. YONET – Civil rights challenge to asset forfeiture law. Obtained summary judgment in federal court. (Bruce Kilday)

Fain v. Kearns. (9th Cir. 1997) 1997 U.S. App. LEXIS 8633 – Civil rights case alleging unconstitutional seizure of blood sample. Obtained unanimous defense verdict in federal court. (Bruce Kilday)

Lagos v. Modesto City Schools Dist. (9th Cir. 1988) 843 F.2d 347 – Plaintiff teacher brought a § 1983 claim against school district alleging he had been denied due process and equal protection when terminated from his assignment as a baseball coach. Ninth Circuit affirmed dismissal of civil rights action for failure to state a cause of action. (Carolee Kilduff)

Saracini v. City of Roseville, et al. – Civil rights and false arrest case filed against Mayor, City Attorney, Police Chief and the police officer who arrested plaintiff for creating a disturbance during a City Council meeting. Summary judgment was granted by the superior court and affirmed on appeal.

Additional Civil Rights Cases

Chico Feminist Women’s Health Center v. Butte Glenn Medical Soc. (1983) 557 F. Supp. 1190 – Denial of equal protection

M. J. Brock & Sons, Inc. v. Davis (1975) 401 F. Supp. 354 (1975) – Public agency liability – unlawful taking

Estate of Ford (2003) 301 F. 3d 1043 – Alleged 8th Amendment violation (Bruce Kilday)


Corporate Cases


Sacore Partnership Cases (1996) Sacramento Superior Court Case No. C034522 – Insurance bad faith case won at trial and affirmed on appeal. (John Whitesides)

Peppermill v. Industrial Indemnity Co. (9th Cir. 1995) 46 F.3d 1144 – Plaintiff insureds sought coverage pursuant to a policy of insurance it had with defendant insurer. Defendant insurer denied coverage 10 months later. The district court dismissed plaintiffs’ claim for coverage on grounds that defendant had not waived its ability to contest coverage, affirmed on appeal. (John Whitesides)

Other

City of Chico v. Superior Court. (1979) 89 Cal. App. 3d 187 – Venue (Laurence Angelo)

People v. Allison. 245 Cal. App. 2d 568 (under appointment) – Criminal appeal