Recent Trial Record
As we are now well into the year, we thought that you might be interested in the firm’s most recent trial record.
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· Freitas v. City of Pleasant Hill and Pleasant Hill Police Department,
Chief Dunbar and Lt. Enea
Peter Edrington: Defense Counsel for all named defendants
This case involved allegations by plaintiff that his civil rights were violated when he was wrongfully arrested and incarcerated for a stabbing of a fellow student at his high school. (Plaintiff was not prosecuted and not involved in the crime.) This was a highly political case with much press coverage.
Jury Trial: Defense Verdict
· Schoenfeld v. City of Walnut Creek
Peter Edrington: Defense Counsel for City of Walnut Creek
This wrongful death lawsuit arose out of the death of plaintiff’s husband when his bicycle was struck by an automobile at an intersection in the City. Plaintiff alleged a dangerous condition of the narrow roadway where the accident occurred, and failure to warn.
Jury Trial: Defense Verdict.
· Lucky v. Livermore Valley Joint Unified School District
Peter Edrington: Defense Counsel for LVJUSD
Plaintiffs, mother and daughter, sued for damages and injunctive relief arising out of alleged threats made by a high school coach to mother, and for failure to perform mandatory background checks on coaches and volunteers. (Two female students molested by two coaches not disputed.) Plaintiffs’ counsel had hoped to recover up to Two Million Dollars in attorney’s fees.
Court Trial: Defense Verdict
· Shen v. City of San Ramon
Peter Edrington and James Marzan: Defense Counsel for the City of San Ramon
This personal injury action arose out of an automobile versus pedestrian accident which occurred while plaintiff was crossing a street within a marked crosswalk at an uncontrolled intersection, while pulling a wagon in which her grandson, aged 2, was riding. Plaintiff suffered catastrophic injuries; exposure may well have exceeded Twenty Million Dollars. The grandson was also injured. Plaintiffs alleged the intersection was dangerous by having a marked crosswalk at a busy, uncontrolled intersection crossing multiple lanes of travel.
Jury Trial: Defense Verdict.
· Jackson v. City of Pittsburg, Officers Lombardi, Smith, Dumpa and Hatcher
Peter Edrington: Defense Counsel for all defendants
This lawsuit alleged violations of plaintiffs’ constitutional rights stemming from multiple use of tasers (3 officers) on one subject.
Jury Trial: All excessive force claims dismissed; 1st Amendment claim on appeal.
· Weingarten v. East Bay Municipal Utility District
Peter Edrington: Defense Counsel for EBMUD
This lawsuit arose out of injuries sustained by plaintiff when he stepped into a concrete meter box owned by EBMUD. The box cover had been modified at installation owing to an improper fit. Plaintiff and Intervenor asked the jury for damages exceeding $600,000.
Jury Trial: Defense Verdict
· Godoy v. Wadsworth, California Department of Corrections, et al.)
Timothy Murphy and Dolores Donohoe: Defense Counsel for all 16 defendants
Plaintiff/inmate sued for Section 1983 civil rights violations after being shot in the eye by a correctional officer during a “riot” in the prison cafeteria. The eye was irreparably damaged. Plaintiff alleged that prison staff employed excessive force and then improperly investigated the incident. Our office represented all defendants (16) ranging from correctional officers to the Director of the Department of Corrections and Rehabilitation.
Jury Trial: Defense Verdict
· Ceballos v. Mt. Diablo Unified School District, et al.
Timothy Murphy: Defense Counsel for all defendants
This employment action was filed by two school district employees, alleging discrimination against them based on their race (Hispanic). Our office represented the School District and the involved Principal and Director of Custodial Services.
Jury Trial: Defense Verdict.
(In post-trial motions, the defendants were awarded attorney’s fees as the prevailing parties.)
· Russ v. Fremont Unified School District
James Marzan: Defense Counsel for Fremont USD
This was a complex wage and hours case brought by three (3) “vandal watchers” who claimed they were entitled to back wages and overtime pay under state and federal labor laws arising out of their agreements to perform campus surveillance pursuant to Education Code Section 17574. Each plaintiff was seeking in excess of $250,000, plus their attorney’s fees.
Jury Trial: Defense Verdict.
(Accordingly, a companion case in U.S. District Court was dismissed on our motion.)
· Kruse v. Charos
Keith Schirmer: Defense Counsel for defendant Charos
This case involved a low speed vehicle impact where plaintiff demanded over One Million Dollars following back and foot surgery.
Jury Trial: Defense Verdict
. Steele v. Garcia
Keith Schirmer: Defense counsel for defendant Garcia
This case of clear liability occurred when defendant drifted over into oncoming traffic and caused a head-on collision with plaintiff. Plaintiff suffered catastrophic injuries including lifelong confinement to a wheelchair. Special damages exceeded $900,000. Jury verdict limited to $1,262,192.25.
Unlawful Detainer Cases for Oakland and Richmond Housing Authorities
. OHA v. White
Venued in Alameda County Superior Court
ES&M represented the plaintiff Housing Authority
Court Trial: Verdict in favor of plaintiff
. OHA v. Moore
Venued in Alameda County Superior Court
ES&M represented the plaintiff Housing Authority
Court Trial: Verdict in favor of plaintiff
. OHA v. Bryant
Venued in Alameda County Superior Court
ES&M represented the plaintiff Housing Authority
Court Trial: Verdict in favor of plaintiff
. RHA v. Henry
Venued in Contra Costa Superior Court
ES&M represented the plaintiff Housing Authority
Court Trial: Verdict in favor of plaintiff
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