Firm News

LITIGATION VICTORIES

David G. Alderson and Mitchell E. Abbott successfully defended against a petition for writ of mandate challenging language in a ballot argument relating to a Mission Viejo initiative measure on the June ballot. A sitting City Councilmember in the City of Mission Viejo sued the City Clerk and the County Registrar under the Elections Code, asserting that 29 passages in the ballot argument written by another City Councilmember were false and misleading. After a full-day hearing on March 29, 2010, Orange County Superior Court Judge Luis Rodriguez struck three words or phrases from the ballot argument, but overruled the other 26 objections. After the minor revisions ordered by the Court, the ballot argument remained almost entirely as originally written. (Schlicht v. Hamman, Orange County Superior Court No. 30-2010-00352765).

Saskia T. Asamura, Robert C. Ceccon and Ginetta L. Giovinco successfully moved to dismiss a federal civil rights lawsuit, Villa Amodei, LLC v. County of Ventura, et al., United States District Court Case Number CV10-00413 R (MANx). Plaintiffs sued the County and its Planning Director in federal court over conditions imposed on a conditional use permit to operate a wedding facility. The complaint alleged claims for violation of First Amendment, due process and equal protection rights and a state law claim to rescind a land use settlement and compliance agreement regarding notices of violation. Judge Manuel Real ruled that plaintiffs' failure to appeal the Planning Commission's decision to the Board of Supervisors, and their failure to petition the state court for a writ of administrative mandamus, barred their claims. He also found that plaintiffs failed to allege any concrete injury to support their federal claims, and that the Planning Director was entitled to qualified immunity. The court declined to exercise supplemental jurisdiction over the state law claim, thus entitling the County defendants to full dismissal of the complaint without leave to amend.

Saskia T. Asamura obtained judgment in an employment lawsuit, Hoetker v. City of Brea et al., Orange County Superior Court Case, Number 30-2009-00292573, after the Court granted the City defendants' special motion to strike the case as a SLAPP suit under Code of Civil Procedure Section 425.16. Plaintiff Hoetker and the Brea Police Association sued the City, its Police Department, and several City officials challenging Hoetker's non-promotion to police sergeant. Plaintiffs alleged claims under the Peace Officers' Bill of Rights Act, among others. The court found that the lawsuit targeted activity and speech protected by the SLAPP statute. The court further ruled, based on the allegations and the evidence presented, that plaintiffs had no probability of prevailing on the merits. The court later granted in full the City's motion to recover attorney fees incurred in preparing the SLAPP motion. The case is currently on appeal.

Saskia T. Asamura won an order of dismissal of another employment lawsuit, Harrison v. City of Brea et al., Orange County Superior Court, Case Number 30-2008-00110478, after the trial court sustained the City defendants' demurrer to the third amended complaint without leave to amend. Plaintiff had sued the City and 17 individual City employees, claiming he suffered a constructive wrongful discharge based on harassment due to religious creed and other claims. Despite several opportunities to amend, the court found plaintiff failed to allege facts to support his claims. The case is currently on appeal.

Saskia T. Asamura and Toussaint S. Bailey obtained dismissal of a third employment lawsuit, Ware v. City of Compton, Los Angeles County Superior Court, Case Number BC410941, where plaintiff failed to amend the complaint within the time permitted. Plaintiff challenged his release from a probationary position with the City. The trial court had granted the City defendants' special motion to strike all but one cause of action as a SLAPP suit, and plaintiff appealed. The parties settled on appeal, but plaintiff revoked the settlement. The dismissal followed after the case was remanded to the trial court. The case is currently on appeal.

Kirsten Bowman, Maricela Marroquín and Katrina Gonzales successfully defeated a property owner's challenge to a court order granting the City of Brea a right to prejudgment possession of property interests needed for the construction of a road improvement project. In City of Brea v. Hemin Properties, LLC, et al., Orange County Superior Court Case Number 30-2009 00287296, the property owner opposed the City's motion for early possession of the property, alleging, in part, that the City did not have the jurisdictional authority to acquire property located in another city. The trial court granted the City's motion. On the eve of the City commencing construction of the project, the property owner sought an emergency stay and a writ of mandate to compel the trial court to deny the City's motion for early possession. The Court of Appeal denied the writ petition and request for stay.

Rochelle Browne successfully defended a challenge to a City's adoption of a senior mobilehome park zoning ordinance in Mission Valley Oaks v. City of Yucaipa, Federal District Court Case No. EDCV 09-02203 VAP. Plaintiff mobilehome parks challenged the ordinance as a violation of the Federal Fair Housing Act and several state laws. Because all the parks subject to the ordinance were already qualified as senior parks under the Federal Fair Housing Act (FFHA), the effect of the ordinance was to prevent them from converting their senior parks to family parks. The City relied on the amendments made to the Act by the Housing for Older Persons Act enacted in 1995 and the 1999 HUD regulations implementing it, which made it easier to qualify for the senior housing exemption in the FFHA. Those regulations indicate that municipally zoned areas can qualify for the exemption. The District Court held that the City properly relied on those regulations and that there was no violation of the FFHA. The District Court declined to address the plaintiffs' claims under California law. There is not yet any reported decision addressing the HUD regulations relied on by the City and plaintiffs have filed an appeal to the Ninth Circuit. Although the plaintiffs have not changed, the case has been re-titled on appeal to Putnam Family Partnership v. City of Yucaipa, Ninth Circuit No. 10-55563.

Ginetta L. Giovinco prevailed in a CEQA case in South Orange County Wastewater Authority (SOCWA) v. City of Dana Point and Makar Properties, LLC, Orange County Superior Court Case No. 30-2009-00283523. This action challenged the City's approval of amendments to its General Plan and Local Coastal Program that would enable our client, Makar, to develop its coastal property with residential and commercial uses. SOCWA, the adjoining property owner, claimed that the potential odors from the aeration tanks at its sewage treatment facility would adversely impact the future residents of Makar's property. SOCWA sought to invalidate the entitlements and require the City to prepare an environmental impact report for the project (with a possible mitigation measure requiring Makar to pay $4.5 million to cover the tanks). The court denied the writ petition in its entirety, ruling that the California Environmental Quality Act does not require a city to analyze the effects of existing conditions (such as odors from a sewage treatment plant) on a project, and that Makar's project would not itself create any adverse changes or impacts.

Ginetta L. Giovinco successfully obtained a reversal from the Court of Appeal in Gaviota Coast Conservancy, et al. v. Santa Barbara Local Agency Formation Commission, et al. (California Court of Appeal Civil, Second District, Division Six, Case Number B215836). Petitioners contended that Santa Barbara LAFCO erred when it recorded a ministerial certificate of completion in 2008 to finalize an annexation that it had approved in 1998. The annexation would allow our client, Makar Properties, L.L.C., to obtain water service for the ultimate development of its 200-acre property on the Gaviota Coast. The trial court ruled in favor of petitioners/respondents and awarded over $185,000 in attorneys' fees. The Court of Appeal reversed the judgment in its entirety. The Court held that all conditions necessary to complete the annexation had been satisfied and that merger of nearby lots owned by Makar was not a condition of annexation. The Court therefore ruled that the certificate of completion was properly recorded and the annexation is valid.  

Gregory M. Kunert and Maricela Marroquín successfully defended the City of Agoura Hills in a mandamus action brought by a property owner who sought to overturn the City Council's decision to deny him a site plan/architectural review permit to construct a car wash. In Hillel v. City of Agoura Hills, Los Angeles County Superior Court Case Number BS114736, the property owner argued that the City abused its discretion in denying the permit because his property is zoned to permit car washes. After a trial on the matter, the court denied the writ, thus affirming the City's denial of the permit.

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PUBLICATIONS

Trisha Ortiz published an article in the Winter 2010 edition of the California Bar Association, Public Law Journal, titled "AB 811: The Promise and Challenge of Public Agency Financing for Private Renewable Energy and Energy Efficiency Improvements." Trisha was also quoted in the March 29, 2010 edition of the Los Angeles Daily Journal regarding AB 811, which she helped draft.

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PRESENTATIONS

Robert C. Ceccon participated in a panel discussion titled: "Disasters - Beginning to End," at the City Attorneys Association of Los Angeles Annual Spring Conference in Santa Barbara on March 13, 2010. Bob described his handling of the trial and appeal arising out of the 2005 La Conchita landslide disaster that resulted in 10 deaths and dozens of claims. Bob's presentation focused on how a governmental entity can create a record that will allow it to prevail on a design immunity defense.

Roy A. Clarke presented "The Nine Deadly Sins of Hiring and Recruiting in California: How to Avoid These Common - and Costly – Mistakes" for the Employer Resource Institute at their program on April 1, 2010.

Kevin G. Ennis presented "Significant California Land Use Legislation in Calendar Year 2009" to the Planning Directors Association of Orange County on February 10, 2010.

Gena M. Stinnett participated in a panel discussion titled: "Disasters - Beginning to End," at the City Attorneys Association of Los Angeles Annual Spring Conference in Santa Barbara on March 13, 2010. The presentation focused on the city attorney's role in preparing for and responding to disasters. Gena's topics included the basics of emergency services law; how to comply with state law when drafting local emergency services ordinances; steps a city attorney can take to protect a city from liability; how to ensure government continuity during a disaster; and advance actions cities should take to be eligible for state and federal funds.

Gena M. Stinnett presented "All Things Electronic - Advising Public Officials on Email Best Practices and Electronic Records" at the Orange County City Attorneys Association meeting in Fountain Valley, California on January 21, 2010. The presentation focused on the reasons behind increased concern that public officials may be compelled to disclose emails sent or received by them in conducting the public's business. Issues relating to the Public Records Act, as well as litigation discovery and electronic records retention, were covered in the presentation. Gena also discussed "best email practices" designed to address some of the disclosure concerns, as well as issues raised by the Brown Act and due process considerations.

Laurence S. Wiener presented the course entitled: "The Subdivision Map Act: An Introduction and 2010 Update" for the UCLA Extension public policy program, on March 12, 2010. On March 25, 2010, Larry spoke at the League of California Cities Planner's Institute. The presentation is entitled: "How to read an EIR."

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APPOINTMENTS

Jim R. Karpiak was appointed the General Counsel of the East Contra Costa Fire Protection District on February 1, 2010.

Greg Stepanicich was appointed to the Board of Directors of the California City Management Foundation. In January 2010, Greg also became General Counsel for the California Statewide Communities Development Authority.

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NEW LAWYERS

Christopher L. Hendricks received his J.D. from the University of San Diego School of Law in 2008. Christopher joins the Firm's Litigation Department in our Los Angeles office.

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