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Appellate Practice Resume |
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| Walsworth,
Franklin, Bevins & McCall has significant
appellate experience. Our seasoned trial attorneys
have obtained numerous successful verdicts
or judgments on behalf of their clients. The
attorneys who handle appellate work have had
similar success. Below is a sampling of some
specific appeals showing some of the skills
of the firm's attorneys in a variety of different
practice areas. |
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Sampling of Appellate Experience
of WFB&M Attorneys
Addeo v. Unocal
Represented respondent Unocal on appeal of a summary judgment
motion against a claim that Unocal violated the Federal
Petroleum Marketing Practices Act when it terminated Addeo's
dealer franchise agreement. The granting of the motion
was upheld on appeal by the Ninth Circuit Court of Appeal.
Antoinette Lawrence v. City
of Richmond, et al.
Represented respondents in Ninth Circuit and state court
appeal. Both courts affirmed trial court's granting of
summary judgment in favor of defendants.
Citibank v. Boren
Represented respondent Citibank in an appeal of a Los
Angeles Superior Court order granting Citibank's request
for a preliminary injunction enjoining defendant from
doing any act which would cause his stock brokerage account
to fall below one million dollars. Citibank prevailed
on the appeal.
Citibank v. Jitner
Represented bank in an appeal of a municipal court case
heard by the appellate division of the Los Angeles Superior
Court which affirmed the trial court's ruling striking
the cross-complaint, and reversed the trial court's order
of judgment.
City of Richmond v. Superior
Court of the State of California, Contra Costa County
Successfully represented petitioner City of Richmond on
writ to prevent disclosure of employee's personnel records
to Contra Costa Newspapers, Inc.
Daniel Wilson v. John Crane
Filed amicus curie brief on behalf of several asbestos
defendants in support of appellant asbestos product manufacturer's
appeal of San Francisco asbestos verdict, Appeal successful
on issue briefed and reported in 81 Cal.App.4th 952, 97
Cal.Rptr. 240 (2000).
Danny Norton v. Universal
Protection
Represented respondent in appeal of Los Angeles County
Superior Court wrongful termination action, successfully
defended by WFB&M.
Demps v. San Francisco Housing Authority
Represented respondent San Francisco Housing Authority on appeal of a summary judgment motion. The judgment in favor of the Firm's client was affirmed on appeal in a published opinion at 149 Cal.App.4th 564.
Dibuduo v. Southern California
Edison Company, et al.
Currently represent respondent Southern California Edison
in appeal of a personal injury action based on exposure
to alleged toxic substances. Plaintiff filed the appeal
out of the Los Angeles Superior Court after we obtained
summary judgment for our client.
Driver v. Crane
Represented respondent in asbestos action in Alameda County
Court. Appeal denied after defense verdict.
Elliott v. The Gibson Homans
Company
Represented respondent in appeal of dismissal of action
based on three year statute. Appeal successfully defended
by WFB&M.
Fisher v. Citibank
Jointly represented respondent Citibank with Wilmer, Cutler,
and Pickering on the Fishers' appeal. Court of appeal
affirmed trial court's sustaining of demurrer; California
Supreme Court denied review.
Graves v. Meredith
Represented building owner who prevailed on summary judgment
based on the statute of limitations for injuries allegedly
related to its "sick building." Court of appeal
upheld the judgment and awarded costs.
Gump v. Southern California
Edison
Represented petitioner/defendant in its writ on an order
denying a summary judgment motion filed by Edison out
of Riverside Superior Court. The court granted the writ
in part finding in favor of the petitioner/defendant on
key issues.
Hamilton v. City of San
Diego
Represented respondent in an asbestos property damage
case in which the trial court decision was affirmed on
appeal.
Kinsman v. Unocal
Represented appellant, Unocal, in an appeal of a judgment
awarding damages to plaintiff for personal injuries resulting
from asbestos exposure. In an opinion certified for publication,
the First District Court of Appeal reversed the judgment
and remanded for a new trial.
Korea Data Systems v. Superior
Court
Represented petitioner on a writ of mandate regarding
discovery. The petition was granted and trial court judge's
discovery order was modified.
Kuggelman v. Crane
Represented respondent in this living mesothelioma case
in the San Francisco Superior Court. The appeal was denied.
Lee Dymits v. San Francisco
Housing Authority
Represented respondent San Francisco Housing Authority
in joint response to appeal and Ninth Circuit affirmed
trial court's dismissal for failure to comply with court's
order regarding amending of complaint.
Mendiola v. Carlsmith
Representing appellant Special Administrator in challenging
trial court's granting of partial summary judgment motion
related to a damages issue in the Commonwealth of the
Northern Marianas Islands. Writ has been fully briefed
and is under submission before the CNMI Supreme Court.
Pavone v. Citicorp Credit
Services, Inc.
Represented respondent in appeal of district court (Southern
District) action involving debt collection practices.
Judgment successfully defended by WFB&M.
Robin Watson v. Universal
Security Concepts
Represented respondent in appeal of Los Angeles County
Superior in sexual harassment/wrongful termination action.
Successfully defended summary adjudication regarding punitive
damages obtained by WFB&M.
Ruth Pullman v. Pacific Crest Mills, et al.
Represented respondent Pacific Crest Mills in joint defense
response to Pullman's appeal. Court of appeal affirmed
trial court's granting of summary judgment in favor of
defendants. California Supreme Court denied review.
Santa Fe Springs Realty
v. ABC Appeals Board
Represented respondent on an appeal of the Alcohol Beverage
Control Board, which was successfully defended.
Security Pacific Mortgage Corp. v. Nourian
Represented plaintiff respondent Security Pacific in fraud claim against sophisticated borrower and others perpetrating loan fraud on a number of banking institutions. Appellate court affirmed jury verdict in favor of plaintiff and upheld award of $1 million in compensatory damages and $1 million in punitive damages.
Sherman v. Raft
Represented plaintiff respondent in contracts action.
Appeal denied in an unpublished opinion.
Torres v. Unocal
Represented respondent on appeal of a summary judgment
motion against a malicious prosecution action. The trial
court's granting of our clients' summary judgment motion
was upheld on appeal. A petition for review was denied
by the California Supreme Court.
Tran v. Huchingson
Represented appellant Huchingson on appeal of San Bernardino
Superior Court (Rancho Cucamonga) decision on cross complaint
for interference with prospective economic advantage/interference
with contract. The matter was ultimately settled while
on appeal.
Underwood v. Habasit
Represented plaintiffs in personal injury case. Defendants
moved to quash service based on lack of jurisdiction and
prevailed in Orange County Superior Court. WFB&M overturned
the ruling as to the main defendant.
Valencia, et al. v. J.H.
Armington, Inc., et al.
Represented respondent on an appeal wherein appellants'
Petition for Writ of Mandate, WFB&M successfully argued
that California law empowered trial courts to implement
case management orders requiring plaintiffs to establish
a prima facie case of causation through expert witness
opinion, prior to statutory expert witness exchanges and
summary judgment motions. After the Appellants filed a
Petition for Review to the California Supreme Court, WFB&M
briefed the issue for the Supreme Court, which in turn
denied the Petition for Review.
Valencia v. Superior Court
(State Farm v. Newhall Land & Farming)
Represented joining appellant (cross-defendant) in galvanized
pipe/construction defect case. Writ granted and remanded
to trial court.
Wallace v. Gash
Represented the respondent in a development dispute on
an appeal of the trial court compelling appellant to arbitrate
the case. Decision affirmed.
Weston v. Doe Automobile Parts Distributor
Represented respondent on appeal of a judgment in a wrongful termination/breach of contract case. The judgment in favor of the Firm's client was based on an issue of contract interpretation. The plaintiff appealed to the Ninth Circuit of the federal appellate system, where judgment in favor of the defendant was affirmed.
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