Results

The firm recently obtained a voluntary dismissal in a wrongful death case where the plaintiff alleged negligence and claims under 42 U.S.C. section 1983. After a demurrer was sustained, Mr. Wells consulted with plaintiff’s counsel, who, as a result of the consultation, agreed to dismiss all claims against the County of Los Angeles with prejudice. The County was represented by Edward Wells.

The Ninth Circuit issued a memorandum decision affirming summary judgment in favor of Los Angeles County Sheriff’s Department Commander Daniel Dyer in a federal civil rights action entitled Claudell Hatter v. Daniel Dyer. In the action, Claudell Hatter asserted a single claim for violation of the Eighth and Fourteenth Amendments based upon the theory that Commander Dyer was deliberately indifferent to unsanitary conditions at the Los Angeles County Men’s Central Jail facility, which allegedly posed a serious risk to Mr. Hatter’s health during the time he was incarcerated there. The Ninth Circuit found that Mr. Hatter failed to support his legal claim with sufficient evidence on summary judgment and, as such, Commander Dyer was entitled to judgment as a matter of law. The County of Los Angeles was represented by Jill Williams.

In the case of Aarefah Mosavi v. Mt. San Antonio College, et. al., bearing United States District Court Case No. 2:15-cv-04147, handled by attorneys Martin L. Carpenter and Joseph A. Gordon (August 2018), CR&D obtained a defense verdict in a federal jury trial. The case involved a female Muslim student-employee who alleged work place sexual and religious discrimination, and sexual assault by her male co-worker. Congratulations to Mr. Carpenter and Mr. Gordon on a job well done!

The Ninth Circuit issued a memorandum decision affirming summary judgment in favor of the City of Upland and Upland Police Department Officer Lavell Brown in a federal civil rights action entitled Harshod Mehta, et al. v. City of Upland, et al. The case arose out of allegations that Officer Brown violated the Fourth Amendment by using excessive force against Harshod Mehta while removing him from his vehicle in the aftermath of a high speed police pursuit of a third party. The Ninth Circuit held that Officer Brown’s actions did not constitute excessive force and, even if they did, Officer Brown was entitled to qualified immunity. The City of Upland was represented by Jill Williams.

Fourth Appellate District, Division 3, Case No. G056076 by Steven J. Rothans and Justin Reade Sarno (August 2019); three young girls were struck and killed by a motorist on Halloween night in 2014 at a midblock crosswalk in the City of Santa Ana. Plaintiffs claimed the existence of a “peculiar” condition as a result of inadequate lighting at crosswalk on evening of incident, despite evidence of motorist traveling at approximately 70 miles per hour at the time of the collision. SAPD officers engaged in a three day man hunt for the suspect, who was ultimately apprehended and convicted of vehicular manslaughter. Court affirmed entry of summary judgment in favor of City of Santa Ana, in light of no prior accidents at the location and finding no duty to light the streets under the decision in Antenor. No triable issue of material fact as to the existence of a peculiar condition.

United States District Court Case No. 2:15-cv-04147 by Martin L. Carpenter and Joseph A. Gordon (August 2018); Female Muslim student-employee alleged workplace sexual and religious discrimination, and sexual assault by her male co-worker. Federal jury trial resulted in defense verdict.

Fourth Appellate District, Division 3, Case No. G054434 by Justin Reade Sarno (2018); Affirmed summary judgment in favor of Fountain Valley Police Department and individual officers in use of force case regarding bean bag deployments brought under 42 U.S.C. section 1983, as a result of claim preclusion doctrine as set forth under Heck v. Humphrey (1994) 512 U.S. 477 and Susag v. City of Lake Forest (2002) 94 Cal.App.4th 1401.

Ninth Circuit Court of Appeals Case No. (16-55892) by Justin Reade Sarno (2018); Affirmed grant of summary judgment in lawsuit brought by elementary school student student alleging institutional, district-wide Title IX violations in relation to single incident of peer-on-peer sexual harassment.

Los Angeles Superior Court Case No. BC615534, by Jill Williams and Steven J. Rothans (May 2017); Alleged whistelblower retaliation case and FEHA related retaliation case, arising from allegations that Michelle Rex, former City Council Deputy for the City of West Hollywood suffered whistleblower retaliation as a result of City’s decision to dissolve deputy program. Verdict – DEFENSE.

U.S. District Court Case No. 8:14−cv−00387−JLS−DFM, by Steven J. Rothans and Mark D. Rutter (September 2015); Alleged excessive force, federal civil rights action under 42 U.S.C. 1983, arising from the shooting of Ignacio Leon, Jr. on December 12, 2012, by Officer Garcia, an on-duty police officer working for the Santa Ana Police Department. Verdict – DEFENSE.