REPRESENTATIVE PUBLISHED APPELLATE CASES

As lead counsel for a party or lead author of an amicus brief

Building Industry Association of Northern California v. City of Livermore (1996)
45 Cal.App.4th 719
(upholding City's building standard against claim of preemption)

Bunch v. Coachella Valley Water District (1997)
15 Cal.4th 432
(amicus brief for 109 cities and local agencies addressing public agency liability for flood damage)

City of Dinuba v. County of Tulare (2007)
41 Cal.4th 859
(allowing City redevelopment agency’s suit against County for improper allocation of property tax revenue; lead counsel in Court of Appeal)

City of Dublin v. County of Alameda (1993)
14 Cal.App.4th 264
(addressing solid waste; special taxes; initiatives; preemption)

City of Santa Barbara v. Superior Court (Janeway) (2007)
14 Cal.4th 747
(holding City’s release of liability for recreational program was not effective for gross negligence)

Claremont Police Officers Assn. v. City of Claremont (2006)
39 Cal.4th 623
(amicus brief for League of California Cities arguing City was not required to “meet and confer” with police officers before instituting study of racial profiling)

Contra Costa County Flood Control District v. Lone Tree Investments (1992)
17 Cal.App.4th 930
(eminent domain; valuation of property subject to dedication if developed)

Empire Waste Management v. Town of Windsor (1998)
67 Cal.App.4th 714
(upholding referendum on solid waste franchise against claim of preemption)

Hale v. Morgan (1978)
22 Cal.3d 388
(amicus brief in substantive due process challenge to statute imposing daily fines)

Harman v. City and County of San Francisco (2007)
158 Cal.App.4th 407
(amicus brief for League of California Cities and California State Association of Counties in United States Supreme Court arguing certiorari should be granted to overturn attorney fee award grossly disproportionate to relief obtained)

Malick v. Athenour (1995)
37 Cal.App.4th 1120
(challenge to referendum petition on development condition)

Naegele v. R.J. Reynolds Tobacco Co. (2002)
28 Cal.4th 856
(amicus brief on tobacco company liability for smoking-related health problems)

Neecke v. City of Mill Valley (1995)
39 Cal.App.4th 946
(upholding City tax against claim it was special tax; class actions; attorney’s fees)

Patterson v. City of Livermore (1998)
74 Cal.Rptr.2d 815 [not published in official reports]
(addressing City's immunity for hazardous recreational activity [off-road biking])

People ex rel., Dept. of Conservation v. Triplett (1996)
48 Cal.App.4th 233
(Williamson Act penalty calculation)

Schuhart v. Pinguelo (1991)
230 Cal.App.3d 1599
(upholding City's interest calculation after assessment bond foreclosure)

Sierra Club v. San Joaquin Local Agency Formation Commission (1999)
21 Cal.4th 489
(amicus brief for 74 cities arguing there was no exhaustion of remedies in CEQA case)

Stanislaus County Natural Heritage Project v. County of Stanislaus (1996)
48 Cal.App.4th 182
(CEQA; water issues; endangered species; general plan consistency)

Sutherland v. City of Fort Bragg (2000)
86 Cal.App.4th 13
(holding City immune from liability for development approval despite failure to do mandatory design review)

Traders Sports, Inc. v. City of San Leandro (2001)
93 Cal.App.4th 37
(upholding business license tax on gun dealers; charter city powers)

Vasquez v. State of California (2008)
47 Cal.4th 747
(amicus brief for League of California Cities and California State Association arguing attorney fees should not be awarded when there is no pre-litigation attempt at settlement)

Watsonville Pilots Association v. City of Watsonville (2010)
183 Cal.App 4th 1059
(addressing airport land use compatibility planning in City’s general plan; CEQA challenge to general plan)

Western States Petroleum Ass'n. v. Superior Court (1995)
9 Cal.4th 559
(amicus brief for 95 cities on standard of review and admissible evidence in CEQA challenge to quasi-legislative action)

Woodland Park Management v. City of East Palo Alto (2010)
181 Cal.App.4th 915
(holding attorney’s fees provision in City’s rent stabilization ordinance does not apply in litigation against the City)

Woods v. Superior Court (1981)
28 Cal.3d 668
(amicus brief in case addressing question whether regulations may be challenged through administrative mandate)

Substantial work other than as lead counsel

Alameda County Land Use Assn. v. City Of Hayward (1995)
38 Cal.App.4th 1716
(general plan challenge; contracting away legislative powers)

City of Brentwood v. Central Valley Reg. Water Qual. Com'n. (2004)
23 Cal.App.4th 714
(Clean Water Act; mandatory minimum penalties; due process)

City of Hollister v. McCullough (1994)
26 Cal.App.4th 289
(eminent domain and takings claim, dedication requirements for subdivision)

City of South San Francisco v. Mayer (1998)
67 Cal.App.4th 1350
(leasehold valuation in eminent domain)

Kalway v. City of Berkeley (2007)
151 Cal.App.4th 827
(upholding merger of lots under Subdivision Map Act)

Mason v. Retirement Bd. of San Francisco (2003)
111 Cal.App.4th 1221
(upholding City's pension calculation under retirement plan)

Redevelopment Agency of San Ramon v. Sghayer (1993)
21 Cal.Rptr.2d 183 [not published in official reports]
(eminent domain; statute of limitations for zoning challenge)

Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412
(CEQA challenge to approval of large development, particularly on water supply)