Firm News

LITIGATION VICTORIES

Mitchell E. Abbott and Ginetta L. Giovinco prevailed in the Court of Appeal earlier this month in a contested validating action challenging the issuance of refunding certificates of participation by the City of Poway, in Poway Royal Mobilehome Park Owners Assn. v. City of Poway, Court of Appeal Number D053646. The Court of Appeal, hearing the matter on an expedited schedule, affirmed the San Diego Superior Court judgment upholding the validity of the City’s actions.

Saskia T. Asamura and Susan E. Rusnak obtained dismissal of a lawsuit alleging violations of the Fair Employment and Housing Act in Harrison v. City of Brea, Orange County Superior Court, Case Number 30-2008-00110478. Plaintiff sued the City and 17 individual City officials and employees alleging harassment due to religion and reporting violations of law, retaliation, discrimination, and related claims. After sustaining two demurrers but allowing plaintiff leave to amend the complaint, the court ultimately ruled plaintiff failed to present any allegations to substantiate his claims. The matter is now on appeal.

Saskia T. Asamura and Robert C. Ceccon obtained dismissal of two County employees in Fishback v. County of Ventura, Ventura County Superior Court, Case Number CIV 244304. Plaintiffs belatedly sought to bring the employees into an existing lawsuit against the County as Doe defendants long after it was filed. The County employees argued they were not proper Doe defendants because their identities were known to plaintiffs when they filed their initial complaint. When the trial court initially denied the motion to quash brought on behalf of the two employees, the employees filed a petition for peremptory writ with the Second District Court of Appeal, Sixth Division. The appellate court issued an Order and Alternative Writ that commanded the trial court either to grant the motion to quash or to show cause. The trial court entered a new order granting the motion to quash and to dismiss the action as to the two individual County defendants, and denied plaintiffs’ motion for reconsideration of that order.

Toussaint S. Bailey and T. Peter Pierce prevailed on behalf of the City of Upland in Chang v. City of Upland, Case Number E046204, before the California Court of Appeal, Fourth Appellate District, Division Two. A group of property owners filed a petition for writ of mandate challenging a City Planning Commission decision and City Council affirmance that permitted construction and operation of a new animal shelter at a park owned and operated by the City. The San Bernardino County Superior Court ruled the claim against the Planning Commission was precluded as a matter of law because the Commission’s initial decision to permit the shelter was not the final administrative decision on the matter - a prerequisite to administrative mandamus. The trial court also rejected claims against the City and City Council because petitioners could not establish their compliance with a state statute that governs the manner in which zoning challenges may be brought against local governments. On appeal, petitioners argued that the trial court should have treated the claim against the Planning Commission as a claim against the City and City Council as well. The Court of Appeal summarily rejected petitioners’ position and affirmed the trial court’s judgment in its entirety.

Patrick “Kit” Bobko prevailed in the Second District Court of Appeal, Division One, in City of Monrovia v. Buckner et al, Case Number B209987. The City, its residents and the public have been using the Sawpit Wash trail in the City of Monrovia since the 1950s, and this lawsuit obtained a permanent recreational easement for the continued use of the trail. The trail ran over a portion of private property owned by an individual who attempted to close access to the trail in 2007. The trial court found the City had obtained a permanent recreational easement under Civil Code Section 1009(d) on summary judgment, and the Court of Appeal affirmed.

Robert C. Ceccon prevailed in the Second District Court of Appeal, Division Six, in Cule v. County of Ventura, Case Number B209795. The case was brought by a homeowner who alleged she was damaged by a landslide. RW&G represented the County of Ventura. The trial court dismissed the lawsuit against the County after RW&G argued that plaintiff failed diligently to prosecute the action, and failed to bring it to trial within two years. The Court of Appeal affirmed.

Roy A. Clarke helped a City prevail in labor arbitration on a claim of unlawful retaliation under the Meyers-Milias-Brown Act. The union president alleged that his transfer of work location and assignment within his classification was made in retaliation for protected union activity. While acknowledging a variety of protected activity, disputes and conflicts between the City and union, the arbitrator found that the transfer had not actually harmed the union president since the pay, benefits, work and other conditions were substantially the same before and after the transfer. In addition, the arbitrator noted that the transfer was within the retained discretion of management under the MOU and the union had failed to show that the City did not have a legitimate operational basis for the change.

B. Tilden Kim and Maricela E. Marroquin obtained a temporary restraining order and preliminary injunction on behalf of the People of the State of California and the City of Highland in People v. King, San Bernardino County Superior Court, Case Number CIVDS 906692. The City sought to prevent a motorcycle gang from hosting an illegal party at the headquarters of an alleged philanthropic organization. The Court granted the temporary restraining order and further enjoined defendants from sponsoring or hosting any events at the philanthropic headquarters without first obtaining a special event permit and from using the property for any use other than as a philanthropic headquarters.

Maricela E. Marroquin prevailed in a small claims appeal on behalf of the Mountains Recreation and Conservation Authority (MRCA) in Johnson v. MRCA, Los Angeles Superior Court, Case Number SM 08A02841. Johnson, as President of United Lesbians of African Heritage (ULOAH) and ULOAH filed an action for breach of contract and discrimination under the Unruh Act against MRCA challenging MRCA’s denial of ULOAH’s application to use Temescal Canyon Gateway Park for a four-day retreat. The MRCA lost in small claims court and the court awarded plaintiff $5000 plus costs. The small claims appeal court reversed, ruled in favor of the MRCA, and ordered Johnson and ULOAH to pay the MRCA its costs.

Sayre Weaver, T. Peter Pierce and Veronica Gunderson achieved victory in the United States Court of Appeals for the Ninth Circuit, successfully defending a regulation adopted by Alameda County that bans the possession of firearms on County-owned property. The regulation was adopted in the wake of a shooting that resulted in several injuries at the County Fairgrounds. In Nordyke v. King, 563 F.3d 439 (9th Cir. 2009), the Court rejected challenges to the County’s ordinance brought by a gun show operator, and held that the ordinance is valid under the First Amendment, Second Amendment, and the Equal Protection Clause of the Fourteenth Amendment.

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PUBLICATIONS

Debbie Cho and Michael Estrada authored an article entitled “Using Design-Build Can Save Money on Public Construction” in the May 2009 edition of Western City. Copies of the article are available upon request.

Norman A. Dupont authored an article titled “Supreme Court Rules on Federal Preemption of State Unfair Trade Practices Act: A Renewed Constitutional Presumption Against Preemption” in the January 2009 edition of the American Bar Association (ABA), Environment & Energy Resources Constitutional Law Committee Newsletter. Norm also authored an article titled “NEPA and Climate Change: Are We at the ‘Tipping Point’?” in the Spring 2009 edition of the ABA, Natural Resources & Environment Section. Copies of both articles are available upon request.

Gena M. Stinnett authored an article titled “Bolting The Doors Can Be Costly: ‘Effective Denial of Access’ Theory Affords CPRA Plaintiffs Attorney Fees” in the Spring 2009 edition of the Public Law Journal. A copy of the article is available upon request.

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PRESENTATIONS

Roy A. Clarke presented “Performance Appraisals: Using Them Effectively and Legally in Your Agency” at the annual training seminar of the Southern California Public Management Association - Human Resources on April 16, 2009. Roy also presented management training to Fire Department Command Officers on the “Supervisor’s Guide to the Firefighters Procedural Bill of Rights Act.” He conducted training on Fair Labor Standards Act compliance for local agency supervisors. He also continues to make presentations on “Sexual Harassment Prevention Training for Supervisors” to meet the biennial training requirements of AB 1825.

Kevin G. Ennis presented a paper entitled “Significant California Land Use Legislation in Calendar Year 2008” to the Planning Directors Association of Orange County at their meeting in Costa Mesa on February 9, 2009. Kevin also conducted a seminar for UCLA Extension’s Public Policy Program for Planning Commissioner training on conflicts of interest and ethics laws in Los Angeles on February 9, 2009. He also served as a co-instructor of an Advanced Seminar on the Subdivision Map Act in Los Angeles on June 12, 2009.

Steven L. Flower served on a panel of speakers at the League of California Cities, Mayors and Council Members Executive Forum, for a presentation entitled “Making Design-Build Work for Your City,” on May 27, 2009. James L. Markman presented “Reasonable Accommodations From Zoning Regulations Related To Handicapped Housing” at the League of California Cities, City Attorneys Division Conference, on May 6, 2009.

Trisha Ortiz participated in a panel discussion at the Palm Desert Assembly Bill (AB) 811 Conference. This one day, intensive conference compared and contrasted emerging program models for providing municipal financing for renewable energy and energy efficiency improvements to private property. Local governments, financial institutions, and public/private sector representatives from throughout California joined together on June 12, 2009 to hear about the opportunities and key considerations associated with AB 811 Financing. Trisha worked with the City of Palm Desert to draft AB 811, which became law as an urgency measure in July 2008.

Gena M. Stinnett presented “All Things Electronic: Advising Public Officials on Email Best Practices and Electronic Records” at the City Attorneys Association of Los Angeles County meeting on June 18, 2009. Gena also served on a panel of speakers at the League of California Cities, Mayors and Council Members Executive Forum, for a presentation entitled “Best Practices for Use of Email” on May 28, 2009, and presented “Electronic Records” at the meeting of the Orange County City Clerks on April 13, 2009.

Sayre Weaver served on a panel of faculty speakers at the American Bar Association (ABA) presentation entitled “Gun Regulation and Litigation after Heller,” sponsored by the ABA Government and Public Sector Lawyer’s Division and the ABA Committee on Gun Violence, on May 19, 2009.

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APPOINTMENTS

Patrick “Kit” Bobko was sworn-in for a term as Mayor of the City of Hermosa Beach on January 27, 2009. Kit has served on the Hermosa Beach City Council since June 2006.

Jim Karpiak became General Counsel of the Marin Emergency Radio Authority, replacing Greg Stepanicich.

Greg Stepanicich was appointed General Counsel for the Marin Energy Authority in February 2009.

Peter M. Thorson was appointed to the California League of Cities’ Municipal Law Handbook Committee for the 2009 to 2011 term. He will serve as the editor for the Land Use section of the Municipal Law Handbook.

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2009 SUMMER ASSOCIATES

Andrew Brady received his B.A. in English from the University of California at Irvine in 2005 and will obtain his law degree from the University of California, Los Angeles School of Law in 2010.

Julie Hamill received her B.A. in International Relations from the University of San Diego in 2003 and will obtain her law degree from the American University, Washington College of Law in 2010.

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2009 COMMUNITY IMPACT PROJECT

A team of RW&G lawyers and support staff volunteered their time to the Los Angeles Regional Food Bank this summer. The hands-on volunteer crew made food packages for needy families, individuals, children and seniors who live in our community on Saturday, July 11, 2009.

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