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Experience
Co-Chair of Downey Brand's Litigation Practice Management Group; Litigation Department, Former Chair; Executive Committee, Former Member
Business, Civil and Commercial Litigation
Lead trial attorney for real estate holding company Park Cattle Co. in litigation against Bill Yung and his Tropicana gaming and holding companies regarding the enforcement of a ground lease for the Horizon Casino Resort in South Lake Tahoe. Two month jury trial in 2008 resolved two days before closing argument when Yung and Tropicana agreed to dismiss their complaints against Park Cattle, return Horizon property, and pay $165 million in damages, plus interest, to Park Cattle.
Lead trial counsel for individual plaintiff in action involving breach of fiduciary duties. Trial in Los Angeles County resulted in $6.2 million judgment for client.
Lead trial counsel for entity suing to enforce contract involving significant real estate purchase and defending against cross-complaint. Jury reached substantial verdict in favor of client, awarded punitive damages, and dismissed cross-complaint against client in its entirety.
Lead counsel for Office Depot, defending action filed in San Francisco County Superior Court under Proposition 65. Case dismissed after obtaining judgment in favor of Office Depot.
Lead trial counsel for medical group in significant corporate practice of medicine, anti-trust, and Section 17200 litigation against major Northern California hospital. Matter is still pending.
Lead counsel for Dr. Chae Moon, Redding cardiologist, in successful defense of California Medical Board's effort to obtain a preemptory suspension of Dr. Moon's medical license.
Defended durable medical equipment supplier in multi-million dollar federal qui tam action in United States District Court, Central District of California. Matter resulted in favorable settlement for client.
Lead counsel for California city in action alleging breach of contract against neighboring municipality regarding agreement to share State subventions arising from prison population.
Lead counsel for plaintiff in United States District Court, Northern District of California against American participant in Russian joint venture. Defendant settled matter in plaintiff's favor on first day of trial.
Lead counsel for State's largest private parking fee collection company in a matter against the Department of Motor Vehicles involving statutory interpretation. Received judgment against DMV.
Lead counsel for plaintiffs in multi-million dollar trust dispute. The matter recently settled in clients' favor for $2.75 million.
Intellectual Property
Lead trial counsel for major litigation against company relating to trade secret misappropriation.
Lead counsel for plaintiff in trademark infringement action involving major financial institutions.
Lead counsel defending franchiser sued for copyright and trademark infringement action.
Real Estate & Land Use
Lead trial counsel for major land developer in action seeking petition for writ of mandamus against City of Chico to enjoin City's action in directing developer to prepare supplemental environmental impact report. Obtained alternative writ at outset of case, staying any action by City pending trial. Court granted writ in favor of client after trial.
Lead counsel for Stockton hotel owner in federal action in Eastern District of California against City of Stockton regarding City's unconstitutional taking of property, and to enforce terms of resulting favorable settlement. Action to enforce settlement decided in client's favor. Appeal pending.
Lead counsel for landlord in commercial lease dispute with tenant. Matter resolved before trial through stipulated judgment against tenant.
Lead counsel for California land owner in significant dispute regarding scope of aggregate mining lease with major mining company. Matter resulted in extremely favorable settlement for client after mediation.
Lead counsel for large California mining company defending action filed in Yuba County Superior Court involving claims regarding company's Yuba River water usage.
Defense of Professional Licenses
Lead counsel for Dr. Chae Moon, Redding cardiologist, in successful defense of California Medical Board's effort to obtain a preemptory suspension of Dr. Moon's medical license.
Lead trial counsel for land surveying company owner and president in successful defense of action brought by California Board of Professional Engineers & Land Surveyors regarding residential development surveys. 21 of 24 counts dismissed after three week trial.
Employment Defense
Lead counsel for Agilent in defense of action brought by former employee suing under California Labor Code Section 1102.5. Matter successfully resolved through mediation.
Served as outside general counsel for J&W Scientific, a high technology company in Folsom, California. Handled numerous contract and employment issues, and successfully defended the company from various employment related complaints.
Securities and Banking
Lead counsel for financial products company in SEC enforcement action relating to commercial paper program. Matter settled in client's favor.
Represented plaintiff in major federal action involving claim for breach of contract and securities fraud. Action settled in client's favor.
Represented Nevada County, Ione and Wheatland in separate SEC enforcement actions pertaining to municipal bond issuance disclosure requirements.
Defended large California credit union in legal action pertaining to legality of late charges. Action was dismissed after obtaining summary judgment in favor of client.
General
Former Law Clerk for Judge Gregory G. Hollows, United States Magistrate for the Eastern District of California
Former Senior Law Clerk for Judge Raul A. Ramirez, Former District Court Judge for the Eastern District of California
MEMBERSHIPS
Federal Bar Association, Sacramento Chapter, Past President
National Institute for Trial Advocacy's National Session in Trial Advocacy, Graduate
Eastern District Conference Planning Committee, Former Member
Sacramento County Bar Association, Member
Milton L. Schwartz Inns of Court, Former Barrister
U.S. District Court of Arizona, Admitted to Practice
United States Court of Appeals for the Ninth Circuit, Admitted to Practice
EDUCATION
University of California, Hastings College of the Law (J.D., 1988)
California State University, Sacramento (B.A., 1984)
California State University, Sacramento (B.S., 1984)
PRESENTATIONS
National Institute of Trial Attorney (NITA) trial advocacy training program at L.S.U. for the last five years, Instructor
Continuing Education of the Bar program (CEB), Preparing for, Taking and Using Depositions, 2000, 2003, 2005, Speaker
CHARITABLE
Sacramento Children's Chorus, Board Member
St. John's Shelter for Women and Children, Board of Directors, 1996:2004, Former Member
KXPR (public radio station), Fundraiser Participant
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