Significant Cases

Civil Rights / Constitutional Law Cases

First Amendment – Cornerstone Elementary School Zero-Tolerance “Weapons” Policy Challenge- A fifth-grade promotion ceremony in Rancho Palos Verdes turned into a free-speech battleground when the school principal forced ten students to cut off little plastic firearms from the green toy soldiers the students had glued on their pro-armed-forces decorated mortarboard graduation caps. Because of the school’s zero-tolerance policy for “weapons” on campus, the students were forced to comply with the order before they could participate in the graduation ceremony. At our insistence, the school revised its unconstitutional policy, and the principal was transferred.

First Amendment – B & L Production, Inc. v. 22nd District Agricultural Association- This case challenged  the Del Mar Fair Board’s unfounded decision and order to ban gun shows at the Del Mar Fairgrounds (state property). Our attorneys  successfully sought an injunction and struck down the order as a violation of our clients’ First Amendment rights to free speech and assembly. Following that victory, in a second attempt to ban gun shows the state legislature enacted Assembly Bill 893 which specifically prohibits the sale of firearms and ammunition at the Del Mar Fairgrounds. Our attorneys are currently challenging this second unfounded attempt by the state to ban gun shows at public facilities.

First Amendment – National Rifle Association v. City of Los Angeles- This case challenged unconstitutional “chilling” of speech by the City of Los Angeles. Represented the NRA and an individual contractor with the City of Los Angeles. Contractors faced associational retaliation and viewpoint discrimination by the City’s enactment of ordinance requiring those seeking to do business to disclose their affiliation with the NRA. Obtained an injunction and recovered attorneys fees.

Government Transparency – CRPA v. City of Los Angeles- This case was filed against LAPD to compel disclosure of records relating to firearm confiscations under the Public Records Act. Obtained a judgment affirming the City’s obligation to disclose those records. The City agreed to pay our for attorneys’ fees and costs.

Landlord / Tenant Fuller-Corona v. Huntley Family Trust, et al.- Litigated on behalf of landlord against claims of disparate treatment of tenant’s children at low-income apartment housing complex brought by housing rights advocacy group. Significantly reduced clients’ liability by raising issues of housing rights advocates’ solicitation and investigation practices, and used threat of business practices liability to leverage favorable settlement.

First Amendment – Huish v. Sacramento Unified School District- Steven Huish was a state and national sporting champion and scholarship winner in the National Shooting Sports Foundation (NSSF) Scholastic Clay Target Program. A student at El Camino High School, Huish was disciplined for wearing an NSSF t-shirt with a silhouette picture of a shotgun shooter on it to school. In violation of his First Amendment rights, he was threatened with expulsion if he wore the shirt. Faced with litigation and our demand that the dress code be revised along the lines of Newsom v. Albemarle County School Board, 354 F.3d 249 (4th Cir. 2003), the school board revised the dress code so that only depictions of “unlawful use of weapons” were prohibited. Huish was given 50 identical NSSF t-shirts to hand out to his friends. All wore the shirts to school regularly.

Landlord / Tenant – Ortega v. Long Beach Affordable Housing Coalition, et al.- Litigated on behalf of landlord where housing rights advocacy group alleged discrimination against tenant with companion animal. Significantly reduced clients’ liability by raising issues of housing rights advocates’ business and investigation practices.

Landlord / Tenant – Perez v. Long Beach Affordable Housing Coalition, et al.- Litigated claims on behalf of landlord where housing rights advocacy group alleged discrimination against tenant’s children in access to common areas. Negotiated claim down to a nuisance-value settlement based on developing evidence of tenant’s criminal history and threats against landlord’s employees.

Students’ Rights – Tudesko v. Glenn County Board of Education- Seventeen-year-old Gary Tudesko went duck hunting before school and, since he was aware of Willows High School’s zero-tolerance policy regarding firearms on campus, parked his locked truck containing his unloaded hunting firearms off campus. Tudesko was expelled from school, despite the fact that he broke no laws. Assisted Tudesko on appeal to the County Board of Education. The expulsion was reversed, and Gary went back to school with his record expunged. The matter received significant media attention.
 

Criminal Defense Cases

Firearms – Alleged Illegal Gun Sale – Co-authored a petition for writ of certiorari to the United States Supreme Court for a Section 1983 civil rights action based on illegal Fourth Amendment search and seizure claims. The unique issue raised for review was whether the damages sought by the convicted defendants were necessarily barred by the fact of the criminal conviction.

Firearms – Glendale Gun Show Sting- The LAPD Gun Unit conducted a sting at the Glendale Gun Show and arrested Defendant for participating in an illegal gun transaction. Charges were dismissed by the Court because the LAPD misinterpreted the law. LAPD then pushed the Ventura District Attorney’s office to file charges for illegally possessing an “unconventional pistol” which was in fact a tear gas dispenser. After three years of litigation, the charges were finally dismissed.

Firearms – Gun Collector Sting- Client was falsely accused by the LAPD Gun Unit of being a “black market gun dealer.” He was enticed into selling a hunting rifle to a persistent undercover LAPD officer without conducting the sale through a licensed firearms dealer. Over 400 rare and collectible firearms were seized. Several of the firearms seized were incorrectly alleged to be unregistered “assault weapons” or otherwise prohibited. Client faced a potential sentence of over 20 years in the state prison. Proved that he was not involved in illegal gun trafficking as the LAPD falsely claimed in a press conference, and negotiated a probationary sentence on a misdemeanor offense.

Environmental – Hazardous Waste Disposal- Intricate criminal prosecution involving the designation of “hazardous waste” as a commercial substitute for explosives. Clients owned and operated a transfer storage and disposal facility in California the Mojave Desert which accepted the materials and produced explosives. Criminal felony charges were brouht against the parent corporation, President, Vice President, and aligned companies. Successful negotiation resulted in a civil settlement and the criminal charges being dismissed.

Environmental – Hazardous Waste Smuggling- Case stemmed from investigation alleging company and four company officers participated in a smuggling operation to transport hazardous waste to Mexico. Fifty combined counts of conspiracy, illegal disposal of hazardous waste, illegal transportation of hazardous waste were filed. The matter was settled prior to trial in the federal court. All company officers were exonerated.

Firearms – LAX Gun Search & Seizure- Defendant was stopped for a random search at Los Angeles International Airport. He was picking up a friend and intended to go directly from the airport to a local shooting range. Police seized his truck, 16 firearms, and about a thousand rounds of ammunition. Days later LAPD raided Defendant’s home in the early morning hours, forcing his wife and daughters into the street in their pajamas. Defendant was charged with eight felony and three misdemeanor violations. The case settled with a misdemeanor charge and fine. The story garnered significant local media attention.

Environmental – Naval Shipyard Hazardous Waste- Client owned and operated Hunters Point Naval Shipyard, the largest shipyard on the West Coast. The company and five individuals were accused of illegal disposal of hazardous waste over a multi-year period. Related civil litigation was stayed pending the outcome of the criminal matter. After conducting a month long preliminary hearing, 11 of the 16 counts were dismissed, and all the charges against individuals were dropped.

Environmental – People v. City of Stockton- Defended the City of Stockton against charges of allegedly releasing chlorine from the City of Stockton Waste Water Treatment Facility into the San Joaquin river. The release resulted in a massive die-off of over 200,000 fish. Charges brought by the San Joaquin County District Attorney’s Office were dismissed during litigation of a pre-trial motion.

Firearms – Octogenarian Love Triangle- Represented a 78 year old man who was amorously involved with an 82 year old woman. She began seeing another octogenarian man at the same time. The jealous defendant confronted the suitor, which lead to a fist-fight, and ultimately a shot fired into the suitor’s dwelling. The defendant was charged with pre-mediated first-degree murder, assault, and illegally discharging a firearm. He faced a sentence of life in prison without the possibility of parole. We negotiated a probationary sentence. This case made national headlines.

Firearms – Out of Business FFL Inventory LiquidationThe LAPD falsely dubbed this client a “gun runner.” He was charged with multiple felonies and faced a possible 32-year prison sentence. Successfully proved that the client was a federal licensed firearms dealer who was merely selling off his on-hand excess inventory after the recent closing of his retail firearm store. Negotiated a probationary sentence.

Negligent Homicide InvestigationUnited States v. Freedom Sport Fishing- The Freedom commercial sport fishing vessel took passenger Patrick McDermott on an overnight sport fishing trip off the Santa Barbara Islands. After the vessel returned, Mr. McDermott’s family reported him missing. Some of his belongings were discovered at the dock. The international news media picked up on the case because McDermott was involved with actress and singer Olivia Newton-John, who issued a statement calling for assistance in locating her friend. There was rampant speculation about what had happened to McDermott. A federal grand jury was convened to investigate. Our investigation provided information to reporters and other investigators and identified people who had sighted McDermott at various fishing villages throughout Mexico after his disappearance. As a result, the grand jury investigation was called off and no civil or criminal charges were filed. The case received significant media attention.

Environmental – United States v. Laminating Company of America- Arose as a result of an alleged illegal hazardous waste transporter smuggling hazardous waste into Mexico. As a result of the Federal Bureau of investigation’s inquiry into the activities of the transporter LCOA was indicted on over 50 counts of conspiracy, illegal disposal of hazardous waste and illegal transportation of hazardous waste. The matter was settled prior to trial in the Central District Federal Court of Los Angeles.

Firearms – Politically Incorrect Gun Possession by Military Police- Defendant was a decorated military police officer who was attending Los Angeles City College in 2007 while on injured reserve leave from the Army before being reactivated to serve in Iraq. An anonymous caller told police that numerous pictures of firearms, as well as videos of Mr. Corwin shooting, a semi-automatic firearm which law enforcement believed to be fully – automatic, were posted on his Myspace page. Police mistakenly believed the depicted firearms were illegal “assault weapons” and claimed they thought Corwin might be a “threat” to the school. A search of Mr. Corwin’s house turned up allegedly illegal firearms and other items. Twelve felony criminal charges were filed. Established that the firearms were not illegal. The District Attorney’s Office then dismissed all of the criminal charges. This case received significant media coverage:

Firearms / Second Amendment – Pomona “Saturday Night Special” Ordinance- Firearm retailer who exhibited the Great Western gun Show was charged with a misdemeanor violation of a Pomona municipal ordinance for selling a Jennings J-22 handgun at the Great Western Gun Show at the Pomona Fairgrounds. Pomona failed to notify the gun show and dealers in the City that an ordinance was going to be enforced at the County-owned fairgrounds, over which the City had no jurisdiction. The case was dismissed, and the guns were returned. The case received significant media attention.

Firearms / Preemption – Preempted Los Angeles Local Magazine Ordinance- A gun dealer was charged under a Los Angeles municipal code section with illegally selling a magazine capable of holding over ten rounds. Case dismissed.

Firearms – San Diego Firearm Seizure- Police were called to defendant’s home after receiving reports of an argument between parents and their son. When police arrived, the son was no longer at the home. Police seized the son’s firearms. Police never took the son into custody under Welfare & Institutions Code section 5150 (evaluation for mental instability), yet ordered the firearms forfeited under Welfare & Institutions Code section 8102. In a published opinion, City of San Diego v. Kevin B., 118 Cal. App. 4th 933 (Ct. App. 2004), the Appellate Court found that the government could not forfeit the firearms since they failed to comply with the Welfare and Institutions Code section 8102.

Firearms – SKS Sporter Rifle Mischaracterization- Defendant was charged in Downey Municpal Court with a felony of possessing an SKS “assault weapon” and a second “assault weapon.” The SKS was a “Sporter” model that had been bought legally from a gun store in 1993. The SKS charge was dismissed, the other firearm was registered, and the felony charge was reduced to an infraction with a small fine.

Firearms – SKS Type 56 Rifle Entrapment – Defendant was prosecuted for possessing an SKS “Type 56” rifle. When DOJ Firearms Program staff who had represented that this make and model firearm was not illegal were placed under subpoena for the preliminary hearing, the case was dismissed.

Firearms – SKS Type 56 Seizure and Unprecedented DOJ Amicus for Criminal Defendant- Defendant was prosecuted for possessing an SKS “Type 56” rifle that had been modified to accept a detachable magazine. Since 1991, the DOJ had represented that such modification was perfectly legal and that an SKS rifle so modified was not an “assault weapon.” Unfortunately, the Santa Clara District Attorney nonetheless prosecuted the Defendant, who was convicted. On appeal we convinced the DOJ to file an unprecedented amicus brief on behalf of this criminal defendant, something DOJ had never done before. The California Supreme Court accepted the case, but when Attorney General Lockyer was elected, he withdrew the amicus brief for political reasons, and the Supreme Court dropped the case. Nonetheless, the firm successfully got Defendant’s conviction reduced to a misdemeanor and his gun possession rights restored. (47 Cal. App. 4th 1068 (Ct. App. 1996), review dismissed and cause remanded, 100 Cal. Rptr. 2d 547 (Ct. App. 2000).)


Environmental & Land Use Cases

CEQA – Association for a Cleaner Environment v. City of Palos Verdes Estates- Palos Verdes Estates and Surfline, Inc. installed a webcam in a residential area to monitor surf conditions and shoreline activity. ACE contended the project was subject to CEQA review. The City Council voted unanimously to remove the camera.

CEQA – Association for a Cleaner Environment v. Yosemite Community College District (YCCD)- We represented ACE in its petition for a writ of mandate to force YCCD to comply with CEQA in closing an on-campus shooting range facility and moving its operations to an off-campus range facility adjacent to a wetlands area. The Petition was denied. ACE appealed. The appellate court ruled in favor of ACE on all issues in a published opinion that has since been widely cited. (116 Cal. App. 4th 629 (Ct. App. 2004).) ACE then successfully moved to enforce the judgment requiring YCCD to comply with CEQA. YCCD settled.

CERCLA – CalMat Co. v. San Gabriel Valley Gun Club- Obtained complete dismissal of CERCLA action brought in federal court by a division of Vulcan Materials Company, one of the largest mining companies in the country. Vulcan’s action complained that the San Gabriel Valley Gun Club had left spent bullets on property the Club leased from Vulcan, or a predecessor, from 1947 to 2006, even though the relevant lease documents clearly indicated the Club was leasing property to be used as a shooting range. The evidence produced showed that Vulcan’s lawsuit was premature at best, and a motion for summary judgment was granted on that basis (20i11 WL 3665327).

CERCLA / RCRA – Center for Biological Diversity v. U.S. Bureau of Land Management- Successfully intervened on behalf of hunters’ rights group in this lawsuit brought by environmental groups against the BLM to prohibit the use of lead ammunition for hunting in the Arizona Strip, a popular hunting area. Resulted in a favorable published decision on intervention standards. (266 F.R.D. 369 (D. Ariz. 2010).)

CERCLA – City of Los Angeles v. San Pedro Boat Works Inc.- San Pedro Boat Works, Inc. operated a marine ship repair and maintenance facility in San Pedro in the Port of Los Angeles for more than 70 years. The business was run by various owners and operators, who used different material and techniques over the years. Los Angeles filed this CERCA action seeking damages, injunctive relief and the recovery of costs incurred in connection with the alleged release of hazardous substances.

CEQA – Friends of Colorado Lagoon (FOCL) v. County of Los Angeles- FOCL sought a writ of mandate under CEQA to set aside the Los Angeles County Board of Supervisors’ Mitigated Negative Declaration concerning the environmental impacts of the proposed Termino Avenue Drain Project. The project would have tripled the storm water drainage into the Colorado Lagoon and nearby water bodies in Long Beach. Prevailed at trial. Established that the approval of the Mitigated Negative Declaration was in violation CEQA and that an Environmental Impact Report was required.

CERCLA – Hinds v. Gregory- Settled potential multi-million dollar dry cleaning contamination lawsuit on behalf of current operators of dry cleaning business. Aggressively defended clients and uncovered evidence suggesting that contamination near dry cleaner was actually caused by prior dry cleaning operations that used machinery designed to allowed chemical-tainted water to drain into the sewer.

CERCLA / RCRA – IMACC, et al., v. Warburton, et al.- A complicated federal CERLA/RCRA recovery action with extensive cross-over in contract, bankruptcy, and environmental issues.

CERCLA Islands Extremes, Inc. v. Industrial Zinc Plating Corp., et al.- Islander Extremes, Inc., as successor in ownership of a parcel previously owned by Industrial Zinc Plating Corporation, filed suit under CERCLA for subsurface soil and groundwater contamination. Because of a long history of industrial operations at and around the site in the City of Signal Hill, numerous PRPs and various contaminants were involved. Prevailed with a summary judgment and obtained a default judgment against plaintiff.

CEQA – Paradise Rod & Gun Club- The Board of Supervisors of Butte County approved a shooting range for the club. The opponents of the shooting range, who privately admitted being opposed to civilian possession of firearms, challenged in court the awarding of the permit based upon the California Environmental Quality Act. In a letter of August 7, 2003, counsel for the club advised that noise testing is taking place and that a settlement conference has been scheduled. On January 20, 2004, the Butte County Superior Court denied the plaintiffs’ peremptory writ of mandamus; ruled that the club have judgment on the complaint for declaratory and injunctive relief; and vacated an order enjoining the construction activity. The California Court of Appeal on May 24, 2005, affirmed the decision of the Butte County Superior Court denying the peremptory writ of mandamus and vacating the injunction prohibiting the gun club from opening a shooting range in Butte County. Neighbors for Responsible Action v. County of Butte, 2005 WL 1232430 (Cal. App. 3 Dist.).

CERCLA – REV 973, LLC v. Mouren-Laurens Oil Company- Multi-decade cost-recovery action under CERCLA involving multiple parties, properties, cross actions, and potential responsible parties (PRPs).

Insurance Coverage – San Pedro Boat Works, Inc. v. Water Quality Insurance Syndicate, et al.- Bankruptcy Trustee filed suit for bad faith and declaratory relief against certain marine insurers for defense and indemnity obligations. Served as Special Counsel to the Trustee for environmental and insurance expertise.

Land Use / CERCLA – South Gate Rod & Gun Club, Inc. v. City of South Gate- South Gate Rod & Gun Club, Inc. operated a trap and skeet range on city-owned property on top of a landfill at the confluence of the Los Angeles and Rio Hondo Rivers in the City of Signal Hill. Lead shot accumulated on the property over the course of several decades. The City improperly canceled the Club’s lease, then sued the Club under CERCLA for range clean up.Obtained insurance coverage for club and negotiated an acceptable settlement.

Oil & Gas / Land Use – Tran v. Warren E&P, Inc.- Successfully defended and countersued on a property line dispute between an oil company and a neighboring commercial business.  Defeated the neighboring business’s claims of a prescriptive easement and won a judgment for damages and injunctive relief on a cross-claim for the reasonable rental value of the disputed property.

Land Use / First Amendment – Trump National Golf Club v. City of Rancho Palos Verdes- Represented the golf club in a dispute with the City over the installation and display of a large United States flag on its property. Successfully argued that denial of the club’s Conditional Use Permit request was preempted by Government Code section 434.5, which provides that a government agency may not regulate the display of a United States flag based on aesthetic considerations. Faced with these claims, the City compromised. The flag continues to fly over the property and has become a landmark. The case received significant media attention.

Environmental – TSC v. Civil K & L Plating et al., and State of California v. K & L Plating, et al.- Parallel and criminal proceedings involved an accidental death and alleged environmental violations at the electronic plating company. The cases involved complicated fraud allegations, workers compensation, and Board of Equalization issues. Settlement was reached during jury selection for a fraction of the original offer.

Land Use – Ventura Shooting Range- This range apparently is on property deeded to the city “for a public park or resort.” The range has been in existence since 1957. In 1993, the city turned over operation of the public portion of the range to a private concessionaire. The city voted to shut the range down. While initial indications were that the range was constructed on the gifted portion of the park, the city has recently opined that the range is situated on the purchased parcel. At present, this factual issue remains to be resolved. While California law abolished reversionary interests in 1982, California courts have recognized that such former conditions amount to covenants that run with the land and are enforceable equitable servitudes that can be enforced by injunction.


Firearms Law & Second Amendment Cases

Mandatory Lock Storage- Kirk v. City of Morgan Hill- This case challenges the City of Morgan Hill’s 48-hour firearm loss/theft reporting ordinance due to state level preemption. This matter will soon be appealed to the California Court of Appeal.

Second Amendment – Assenza v. City of Los Angeles- This matter challenged Los Angeles’s illegal refusal to issue CCWs.  A Los Angeles Superior Court Judge has ordered LAPD Chief Parks to bring the policed department in compliance with a 1994 judgment against the city for refusing to issue CCWs.  Judge Buckner found that the City had failed to freely provide CCW applications to would be applicants, and had failed to supply applicants with a copy of the judgment against the City, as the Judgment itself required.  The Judgment explained what constitutes “good cause” for a permit, and limits the City’s ability to deny CCWs without reason.  This was a significant victory for self-defense advocates, as it enabled CRPA/NRA civil rights attorneys to monitor LAPD’s CCW practices by tracking applicants.

Preemption – B&B Sales v. City of Los Angeles- This case challenged a Los Angeles city ordinance prohibiting the “sale or transfer” of magazines that hold over ten rounds. The ordinance contained no exception for the motion picture industry and firearms museums, so the ordinance would have put the movie industry out of business in Los Angeles. Plaintiffs joined with the American Entertainment Armorer’s Association, demanding an exemption to the ordinance. The ordinance was amended. The ordinance was then superseded by state law. The case made national news and was covered by Variety and the Hollywood Reporter.

Administrative Law – Belemjian v. Becerra- This case forced the California Department of Justice to comply with the process for enacting regulations, which it sought to avoid when implementing the FSC program in February 2015.

Regulatory – California Fish and Game Commission- Gathered thousands of records from agencies involved with the California Condor recovery, and collaborated with scientists to debunk the pseudo-science being used to support the theory of condor death from lead ammo ingestion. Appeared at various Commission hearings to convince the Commission to vote against a proposal to ban lead .22 rimfire and shot for use in hunting squirrels and game birds, due to the scientific and legal deficiencies with the those regulations. The Commission ultimately agreed that the science was invalid and overwhelmingly voted to reject the proposed regulations.

Firearm Seizures – County of San Diego v. Kevin B.- Police were called to defendant’s home after receiving reports of an argument between parents and their son. When police arrived, the son was no longer at the home. Police seized the son’s firearms. Police never took the son into custody under Welfare & Institutions Code section 5150 (evaluation for mental instability), yet ordered the firearms forfeited under Welfare & Institutions Code section 8102. In a published opinion, City of San Diego v. Kevin B., 118 Cal. App. 4th 933 (Ct. App. 2004), the Appellate Court found that the government could not forfeit the firearms since they failed to comply with the Welfare and Institutions Code section 8102.

Preemption – CRPA v. West Hollywood- Challenged West Hollywood’s ban on the sale of affordable self-defense handguns. In 1993, the Second District Court of Appeal ruled the California preemption statute did not bar these laws, but subsequent cases such as the Fiscal decision have essentially nullified this incorrect ruling. The ordinance was ultimately repealed at our insistence. (66 Cal. App. 4th 1302 (Ct. App. 1998).)

Regulatory – Doss v. Lungren- This lawsuit sought an injunction against District Attorneys in Los Angeles and Santa Clara and the California Department of Justice (DOJ) from prosecuting people who possessed SKS “Sporter” rifles. Between 1991 and 1997, thousands of SKS “Sporter” rifles were sold in California with the explicit approval of the DOJ, which had declared the rifles legal. As a result of this litigation and the political response, an unprecedented retroactive immunity bill (AB 48) and state funding to buy back these rifles was passed.

Second Amendment – Grace v. District of Columbia- Filed an amicus curiae brief in the D.C. Circuit Court of Appeals supporting plaintiffs lawsuit seeking to overturn D.C.’s restriction on concealed carry licenses as unconstitutional. On July 25, the D.C. Circuit issued its decision declaring Washington D.C.’s “good reason” requirement for the issuance of a CCW as a violation of the Second Amendment. The Court also issued a permanent injunction prohibiting D.C. from enforcing the requirement.

Preemption – Fiscal v. City and County of San Francisco- This case addresses “Prop H,” a ballot initiative that banned civilian residents of San Francisco from possessing handguns and also banned the sale, transfer, and/or distribution of all firearms and ammunition within the city. In June 2006, the Superior Court invalidated the ordinance on preemption grounds. The City appealed and lost in a published opinion which clarified California’s preemption doctrine as applied to local firearms regulations and serves as current leading precedent on the subject. (158 Cal. App. 4th 895 (Ct. App. 2008).) The City paid back $380,000 to NRA in attorney’s fees. This victory received significant media coverage and made international news.

Second Amendment – Heller v. District of Columbia- Co-Authored amcius brief to the United States Supreme Court on behalf of 29 California elected District Attorneys, various law enforcement groups, and others. This case resulted in the Supreme Court’s acknowledgment that the Second Amendment protects a fundamental individual right to self-defense. The case received significant media coverage.

Second Amendment – Hunt & Vroman v. Lockyer- Two elected District Attorneys and others sued to invalidate or clarify the state’s so-called “assault weapon” law in this unprecedented prosecutor vs. prosecutor lawsuit. The case got the attention of police and prosecutors throughout the state, many of whom then recognized that the law’s vague terms were impossible to understand. Many prosecutions were avoided, valuable discovery obtained, and many vague interpretations were clarified in favor of gun owners as a result of this case. The case was settled in light of imminent pending Second Amendment challenges to these laws. The issue received significant media attention.

Product Liability – In re Firearm Cases- Represented multiple firearm industry defendants in three coordinated actions brought by dozens of California cities and counties. Plaintiffs alleged the defendants market, distribute, and design handguns in an illegal way that facilitates their misuse by criminals. The trial court granted an omnibus motion for summary judgment against the cities, finding no connection between any practice of the defendants and the harm caused by illegal misuse of guns by criminals and that there was no violation of the Unfair Business Practices law nor public nuisance created. The Court of Appeal affirmed. (126 Cal. App. 4th 959 (Ct. App. 2005).) The case received significant media coverage.

Second Amendment – Jackson v. City and County of San Francisco- This case challenged city ordinances requiring that firearms be disabled by a trigger lock or stored in a locked container, banning the sale of certain ammunition, and prohibiting firearm discharges with no self-defense exception unconstitutionally infringe the right to keep and bear arms for self-defense. The case has already prompted the City to amend its discharge ban – a law that had been in place for some 75 years – to allow for discharges in lawful self-defense and all other circumstances allowed for under state and federal law. The NRA’s attorneys at Michel & Associates, P.C. have successfully defended against each of the City’s preliminary motions, and secured an important published “standing” ruling that clarifies the rights of future litigants in the Ninth Circuit to bring Second Amendment challenges to improper restrictions on the right to arms.

Due Process / Second Amendment – Kasler v. Lungren- Represented a consortium of law professors, doctors, law enforcement officers, and Colt Manufacturing in a civil lawsuit against the State of California, challenging the constitutionality of the 1989 Roberti/Roos ‘Assault Weapons’ Control Act.” The Third District Court of Appeal ruled that AWCA is unconstitutional. In its 51 page decision, the Court held that the list of firearms deemed “assault weapons” was vague and violated constitutional equal protection principals and that other provisions of the Act allowing guns to be added to the prohibited list violated constitutional due process and separation of powers requirements.

Second Amendment – McDonald v. City of Chicago- Authored amicus brief in United States Supreme Court on behalf of 34 California elected District Attorneys, various law enforcement groups, and others. This case resulted in the Second Amendment being “incorporated” to limit state and local government infringement. The case received significant media coverage.

Firearm Seizures – McGee v. City of Los Angeles- This case challenged LAPD’s policy of seizing guns without legal justification and refusing to return them although they had no legal right to keep them. LAPD revised its policy in response to the suit, but this continues to be a problem throughout California, particularly in urban areas.

Preemption – Miller v. Sacramento- Challenged Sacramento’s ban on the sale of affordable self-defense handguns on preemption grounds. The ordinance was repealed while an appeal was pending.

Second Amendment – Guy Montag Doe v. San Francisco Housing Authority- Challenged San Francisco Housing Authority’s ban on the possession of firearms by public housing residents. The strategic litigation was filed to secure a ruling that the Second Amendment limited state and local governmental infringement on the right to keep and bear arms. Rather than litigate, San Francisco repealed the gun-banning policies. The case has since been used as precedent in fighting bans on lawful gun possession in public housing across the country. The case received significant media coverage.

Due Process – Sheriff Clay Parker v. State of California- This case challenges various California statutes regulating “handgun ammunition” on the ground that the statutes were unconstitutionally vague. That challenge succeeded in the Fresno County Superior Court and was affirmed by the California’s Fifth Appellate District. Former California Attorney General Kamala Harris petitioned the California Supreme Court to review that victory, which the high court granted. Before the could be heard, however, laws expanding AB 962’s provisions to all ammunition passed.  As a result, the California Supreme Court dismissed the case as moot. But because we were successful in the lower courts, we were entitled to reimbursement of our fees and costs in litigating the case. As a result, California agreed to settle that issue by paying us a total of $419,860.20 to cover legal expenses for the lawsuit.

Second Amendment – Peruta v. County of San Diego- This case challenges the local jurisdiction’s failure to issue concealed carry licenses to lawful citizens and supports the concept that individuals have the right to carry outside of the home On June 26, the Supreme Court issued an order declining to hear the case, but not without a strong dissenting opinion from newly appointed Justice Gorsuch and Justice Thomas, highlighting how the “en banc” panel improperly declined to answer the core question of the case.


Labor & Employment Cases

Trade Secret – AcuSport Corp. v. Renda, et al.- Litigated against two former corporate employees where substantial claims of trade secret misappropriation, fraud in connection with computers, breach of duty of confidentiality, breach of contract, breach of duty of loyalty, and other causes of actions were asserted. After almost three years of extensive litigation, involving intricate components of computer forensic analysis and e-discovery, a favorable settlement agreement was entered.

Trade Secret – Atlas Sales, Inc. v. Former Employee- This case involved claims for breach of contract and trade secret misappropriation against one of Atlas’ former employees who allegedly stole confidential business information, including trade secrets, marketing strategies, website meta tags, and customer and vendor information The former employee then used this information to directly compete with, and wrongly acquire business belonging to Atlas. The case settled. Defendant went out of business.

Wage & Hour – Escobar v. Pacific Broadband Technical Services- This case allowed our firm to represent the corporation in this wage and hour claim. Defendant faced a claim for over two million dollars in unpaid overtime. Defeated plaintiffs’ efforts to obtain class action status and settled on extremely favorable terms.

Unions – Golden v. Pacific Maritime Association- This landmark labor law class action claim alleged violations of civil rights and reverse discrimination among casual longshore workers at the Port of Los Angeles and Long Beach. Representing over 200 male casual workers, the case successfully challenged the proposed extension of a 16-year-old consent decree that required the International Longshore and Warehouse Union to increase its female membership at the expense of more qualified male casuals.

Wage & Hour – Guerrero v. Bad Boy Bail Bonds- This case allowed our firm to represent the corporation in this wage-and-hour claim. Defendant was facing a claim for a million dollars in unpaid overtime. Defeated plaintiffs’ efforts to obtain class action status and settled on extremely favorable terms.

 

Personal Injury / Tort Cases

Wrongful Death – Patel v. Govin: $148 Million Verdict- Represented plaintiffs who sought compensation for the brutal murders of four of their relatives by defendants. The murders arose out of a dispute over an easement/right-of-way adjacent to plaintiffs’ and defendants’ separate neighboring motel properties. Obtained a $148 million dollar damage award. Los Angeles County Superior Court No. BC288577 (Cal. Super. Ct. 2006). The case received significant media attention.

 

Commercial Civil Litigation Cases

Business Interruption – Advanced  Polymer Technologies, LLC v. County of San JoaquinRecovered $520,000 for a business damaged when a county employee drove a commercial truck into power poles causing a surge that damaged business’s manufacturing equipment.

Fraud – Tan, et al. v. Great Khan Mongolian Festival, Inc., et al.- Obtained summary judgment $1,392,000.00 on behalf of defrauded investor. Also received rights to the investment corporation’s shares and its corporate trademark.