News

ESM is seeking a motivated and hard-working associate with minimum 2-years public entity defense OR Unlawful Detainer experience.

 

If you are looking for a firm that not only cares about your work product and performance but also your personal well-being, we encourage you to apply by sending resumes and writing samples to info@esmlawfirm.com 

Recent Trial & Case News

We thought that you might be interested in the firm’s most recent news-- 

____________________________________________________

 

Brennon B. v. Superior Court (2022) 12 Cal. 5th 662:  Edrington, Schirmer & Murphy LLP is pleased to report that the California Supreme Court issued its opinion on August 4, 2022 ratifying our argument that the Unruh Civil Rights Act does not apply to California public school districts.  The decision in Brennon B. v. Superior Court (2022) 13 Cal.5^th 662 confirms that the Unruh Civil Rights Act applies to business establishments in the State of California, but that the term “business establishments” was not intended by the legislature to apply to public school districts.  Consequently, the remedies provided by the Unruh Act, including treble damages and attorneys’ fees, will not be available to plaintiffs in actions involving public school districts.  Cody Lee Saal of our office took the lead in briefing and oral arguments in the Court of Appeal, which also agreed with our arguments, and in the Supreme Court.  This decision represents a significant victory for public school districts statewide and will help preserve their already limited resources for the benefit of all students.   

Li, et al. v. Georgiou, et al. (Nevada County, Superior Court, Case No. NCU14-0001): This wrongful death action arose out of an auto v. pedestrian accident that occurred on Interstate 80 near Soda Springs, California.  Roadway conditions were ice and snow.  While negotiating a sweeping right turn at 50-60 mph, defendant lost control of his vehicle and slid onto the shoulder of the road.  Earlier, another driver had lost control of his car, and collided with a snow embankment on the shoulder of the road.   Decedent (female, age 41) was a passenger in that car and was standing on the shoulder.  When defendant lost control of his vehicle, he struck decedent, causing her death.  The police report concluded that defendant was the primary cause of the accident for traveling too fast for conditions and driving on a suspended driver’s license.  The accident was referred to the District Attorney’s Office for possible criminal prosecution.  During the civil trial, plaintiffs, the husband and son of decedent, asked the jury to award $6,000,000 in economic damages for loss of financial support, benefits and household services, and $8,000,000 apiece in non-economic damages for a total award of $22,000,000.  Mr. Marzan argued that plaintiffs’ economic damages be awarded per the analysis of the defense economist, who opined that the damages ranged from $400,000 to $750,000, depending on work life expectancy tables.  As to  non-economic damages, Mr. Marzan argued that a like amount would be fair and reasonable.  The jury agreed with Mr. Marzan.  After set-offs, the net award to plaintiffs was $371,500.  

Carson F. v. Spencer P., Clovis Unified School District (Fresno County Superior Court, Case No. 14 CE CG 02 070):  Plaintiff, a fourth grade special needs student with extreme behavior problems, was being transported home on a school district bus.  He was accompanied by Spencer P., a school district instructional aide, who had been assigned to ride the bus with plaintiff.  During the ride home, a physical altercation ensued between Carson and Mr. P. wherein Mr. P. forcibly placed his hands on the back of plaintiff’s head, neck and back.  The incident was captured by a bus video camera.  Plaintiff alleged that he was assaulted and battered for no reason.  The incident was referred to the District Attorney’s Office for possible criminal prosecution.  Plaintiff claimed a mild traumatic brain injury, daily headaches, anxiety, fear, trust issues, decreased academic continuity, increase in noncompliant behavior, damage to social relationships, decline in social reciprocity, withdrawal from previously preferred activities and difficulty sleeping.  Mr. Marzan asserted that plaintiff had a bad behavior day in class, got into a fight with another student before boarding the bus and, during the bus ride, acted out by spitting on Mr. P and attempting to head butt him.  Mr. Marzan argued that Mr. P. was only trying to do his job that day to protect himself, Carson and others on the bus by physically restraining plaintiff.  Mr. Marzan further argued that Mr. P. believed Carson posed an imminent danger of harm and that Mr. P. used his judgment in a rapidly unfolding situation to restrain plaintiff, which was reasonable under the circumstances.  As to plaintiff’s claimed injuries and damages, Mr. Marzan asserted that plaintiff’s problems pre-existed the incident and that there was no increase in his behaviors after the incident.  Plaintiff asked the jury to award $2,500,000.00 in damages.  After a five-week jury trial, Mr. Marzan obtained a complete defense verdict.  

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 and James Marzan:  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; 1^st 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

Contact