Representation of Community College District before Bay Area Air Quality Management District concerning application for permit to “prevent” significant deterioration of the air to construct 600 megawatt thermal power plant.
Successfully represented group of non-profits before the California Energy Commission defeating application to sight 115 megawatt thermal power plant adjacent to general aviation airport in densely populated urban area.
Reversed adverse probate order transmuting San Francisco commercial real property into personal property and refusing to address requests for statement of decision concerning transmutation and amount of disputed surcharge.
Won 3 out of 4 consolidated appeals successfully affirming jury verdicts as respondents and modifying judgment as cross-appellants representing sellers, builders and developers concerning purchase sale and rescission action.
Representation of group of statewide and local non-profit organizations in administrative proceedings before Calif. Public Utilities Commission concerning purchase power agreement.
Argued and briefed Scott v. Blount (1999) 20 Cal.4th 110 concerning scope of section 998 of the Code of Civil Procedure. Supreme Court reversed and affirmed in part Sixth District Court of Appeal.
Argued and briefed Scott Co. v. United States Fidelity & Guaranty Ins. Co. (2003) 107 Cal.App.4th 197, establishing sureties’ liability for attorney fees when sureties fail to participate in settlement offer under section 998 of the Code of Civil Procedure and scope of entitlement to reconsideration by different judges.
Argued and briefed Hayward Area Planning Association, et al. v. City of Hayward (2005) 128 Cal.App.4th 176, successfully reversing a $22,000 cost bill in favor of large developer against non-profit environmental organizations on statutory question of first impression of the Public Resource Code.
Won 3 out of 4 consolidated appeals in First District from 4 lower court trust & estate probate orders in David v. Hermann (2005) 129 Cal.App.4th 672.
Successfully dismissed federal RICO action by City & County of San Francisco against contractors on large public works contracts (SFO airport and ball park).
Won 3 out of 4 appeals in the Sixth District affirming and reversing the lower court; awarded costs on appeal.
Initiated and assisted in drafting 1997/1998 statutory amendments to section 998 of Code of Civil Procedure for State Senator with Trial Attorneys Assoc.
Successfully secured $6 million/19 miles of telecommunications facilities in San Francisco and San Mateo Counties and $1.2 million settlement with MCI approved by Nebraska Bankruptcy Court.
Obtained $1.2 million pre-judgment writ of attachment, without notice over multi-million-dollar real estate trust deed fraud scheme.
Successfully vacated arbitration award based on arbitrator’s failure to disclose relationship with opposing party.
Briefed and argued 20 motions in limine for trial on water treatment plant – won them all; also developed key trial theory leading to settlement.
Wrote some nine trial briefs over 30 pages each within six-week period for three-month trial over the San Jose Convention Center.
Argued, briefed and successfully reversed adverse decision construing the scope of mandatory provisions of subdivision (b) of section 473 of the Code of Civil Procedure resulting in J.A.T. Entertainment, Inc. v. Reed (1998) 62 Cal.App.4th 1485.
Argued and briefed Liton General Engineering Contractors, Inc. v. United Pacific Insurance (1993) 16 Cal.App.4th 577; although First District Court of Appeal affirmed adverse trial court decision, it was by a divided Court with a substantial dissent in our favor for which Witkin provides significant discussion distinguishing the Liton majority opinion.
Helped brief Blair Excavators, Inc. v. Paschen Contractors, Inc. (1992) 9 Cal. App.4th 1815 concerning the scope of necessary notice and prejudicial reliance related to section 3091 of the Civil Code.
Briefed Lungren v. Dukmejian (1988) 45 Cal.3rd 727 petition for a writ under original jurisdiction of the Supreme Court concerning conflicting ballot initiatives.
Researched and briefed election issues concerning state initiatives and local propositions.
Drafted petitions for writs of mandate to challenge ballot arguments as false and misleading within five to ten day window.
Researched and drafted argument resulting in Mandicino v. Maggard (1989) 210 Cal.App.3d 1413 successfully reversing Superior Court award of attorney fees for court ordered ballot language changes on ground award chilled protected political opinion.
Analyzed impact on proposed legislation, such as whether proposal was retroactive or declaratory.
Briefed City of Gilroy v. State Board of Equalization (1989) 212 Cal.App.3d 589 successfully reversing San Francisco Superior Court interpreting scope of ballot initiative creating California lottery.