Public Sector Litigation Matters
Federal District Court and Ninth Circuit Appellate Cases
Rosemead Hotel/Motel Association v. City of Rosemead. This was a Civil rights/inverse condemnation action challenging adoption of an ordinance regulating hotels and motels. All claims were successfully disposed of on motion to dismiss followed by motion for summary judgment.
Harrison v. City of El Segundo. Secured civil service bumping rights for laid-off assistant city manager on appeal to the Ninth Circuit. Matter was successfully settled following appeal and decision overturning adverse District Court decision.
Old Ivy Homebuilders v. Rudolph and Old Ivy Homebuilders v. City of Lawndale. Developer brought civil rights and RICO lawsuits against city officials in the first suit and the city in the second suit. On a motion for summary judgment in the first case we obtained a dismissal of all city officials. The second action was then filed in state court and we obtained a voluntary dismissal upon removal to federal court.
Gallegos v. City of San Gabriel. Civil rights action brought by unsuccessful zoning applicant against City and City officials. On our motion for summary judgment the court dismissed all individual defendants. Remaining claims tried before jury and then dismissed on our motion for non-suit at close of plaintiff's case.
United States v. Montrose Chemical Corp. We served as court appointed co-liasion counsel representing 77 Los Angeles County cities in this federal Superfund action seeking to remediate DDT and PCB contamination of the continental shelf. The liasion counsel team successfully negotiated two consent decrees with the plaintiffs.
Superior Court Cases
Dearden v. City of Rosemead. This inverse condemnation action followed by a direct action initiated by the Redevelopment Agency was settled within 15% of the Agency's appraisal and at a fraction of the condemnee's claimed damages.
City of Hawthorne v. City of Lawndale. Successfully validated redevelopment project and Hawthorne Boulevard Specific Plan in the face of CEQA action filed by neighboring city.
Estrada v. City of Gardena. Claim for wrongful termination and discrimination dismissed on our motion for summary judgment.
City of Signal Hill v. Long Beach Acquisition Corp. Successfully represented City by enjoining sale of cable franchisee without the approval of the City Council.
O'Brien v. City of Gardena. Successfully represented City in CEQA action challenging zoning and environmental approvals for a gas station and mini-mart.
United Rock v. City of Irwindale. Successfully represented City in action to remove charter amendment measure from ballot.
Samoa Acupressure v. City of Gardena. Obtained judgment denying writ of mandate and upholding revocation of massage permit based upon violations of City's Massage Ordinance.
City of La Verne v. City of Pomona. Filed CEQA actions on behalf of four cities to challenge ordinances establishing licensing and zoning for card clubs. Settled with judgment requiring EIR and providing for recovery of attorneys fees for our city clients.
Committee to Recall v. City of Diamond Bar. Obtained judgment upholding City Clerk's determination that there were an insufficient number of qualified signatures on recall petitions.
Wentz v. City of Maywood. Prevailed in administrative mandamus action challenging zoning determinations and alleged general plan inconsistency.
Mastro v. City of La Verne. Successfully defended at trial the City's approval of a theater development challenged upon CEQA grounds.
City of Bell Gardens v. Park Water. Successfully acquired waterworks system for the City over challenge brought by the Public Utilities Commission.
Patrick Media v. City of Bell Gardens. Prevailed in suit seeking compensation for "compelled" removal of billboard and recovered attorneys fees for City.
Appellate Court Cases
Jayaweera v. City of La Verne. At trial, and on appeal, successfully disposed of plaintiff's CEQA action and general plan inconsistency claim.
LAROSA v. City of Gardena. At trial, and upheld on appeal, successfully represented City in CEQA action challenging development approvals for a market and drug store.
Highland Federal Savings and Loan v. City of Maywood. At trial, and on appeal, successfully defeated plaintiff's claims that the City's nonconforming use regulations were unenforceable and constituted a taking.
Modern Service v. City of Rosemead. Prevailed in trial court and on appeal in challenge to trash franchise award brought by competing applicant.
New Way Recycling Center v. City of Pasadena. Prevailed in trial court and on appeal in challenge to City's revocation of recycling center's business license for alleged nuisance.
Norberg v. City of San Gabriel. Prevailed in trial court and on appeal in challenge to City's denial of an application for a driveway.
Robinson and Taylor v. Greenberg. Successfullly defended unlawful detainer actions against Section 8 tenants. Judgment for attorney fees of $72,000.00, affirmed on appeal. Settlement negotiated and firm was paid $125,000.00 in attorney fees by opposing party.
Schwartz v. City of Rosemead. Prevailed on appeal by CEQA plaintiff who was denied attorney fees as private attorney general based on failure to notify Attorney General, and because self benefit was greater than public benefit.