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Trial Practice Resume |
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| The
trial attorneys at Walsworth, Franklin, Bevins
& McCall have logged thousands of days
in successful jury and court trials. In addition,
the firm is complemented by John
D. Barnett, of counsel, a trial
specialist who has individually or with the
firm tried over 300 jury cases to verdict.
Below is a sampling of cases tried by the
firm, and a short summary of Mr. Barnett's
experience. |
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General and Business Litigation
Adams v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended a financial institution in a case alleging fraud
in the sale of REO property. The case was favorably resolved
after six days of trial in the Orange County Superior
Court.
Amer v. Western
Trial Attorney: Stephen M. Nichols
Represented an injured party in a claim against a health
insurance carrier that denied coverage under a pre-existing
conditions exclusions. Obtained a jury verdict in favor
of client for the policy proceeds. The case was tried
in the Los Angeles Superior Court, Pomona.
Barasch v. Financial Institution
Trial Attorney: Stephen M. Nichols
Obtained a defense judgment in favor of client after a
one day trial in the Los Angeles Municipal Court.
Smith v. Doe Freighting Company
Trial Attorney: Ferdie F. Franklin
Trial in United States District Court, Central District of California, on claims of breach of contract and fraud brought by former outside sales person. There was a finding in favor of defendant on the fraud cause of action and a verdict in favor of plaintiff on the breach of contract cause of action, the amount being between the highest offer by the defendant and the lowest demand by the plaintiff. The Firm brought a motion for a new trial on behalf of the defendant which was granted. Thereafter, the case settled for a confidential amount.
Breecher v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended a financial institution in an action brought
on a claim of forged endorsements. A defense verdict was
obtained after a court trial in the Orange County Municipal
Court.
Corry v. McDevco
Trial Attorney: Stephen M. Nichols
Represented an electrical contractor in a breach of contract
claim. Obtained a jury verdict
in favor of client in the San Bernardino Municipal Court,
Ontario.
Financial Institution v. Genker, Factor, House Trial
Trial Attorney: Stephen M. Nichols
Prosecuted a claim on behalf of a financial institution
to collect on loans in default that were collateralized
by pool molds. Also defended cross-complaints alleging
lender liability. Case settled after the first day of
trial in the Orange County Superior Court. The client
financial institution received payment on the loans and
the cross-complaints were dismissed.
Financial Institution v.
Western Pacific Auto
Trial Attorney:
Stephen M. Nichols
Prosecuted a claim on behalf of a financial institution
to collect on a loan in default that was collateralized
by a fake high priced sports car. This case involved claims
of appraiser fraud. Obtained a judgment for the loan balance
after a court trial in the Orange County Superior Court.
Fisher v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended a financial institution and successfully prosecuted
a cross-complaint arising from the lead bank's negligence
in managing a participation loan. This thirteen day court
trial was in the Los Angeles Superior Court, Compton.
Golden Rain Foundation v.
Woolslair
Trial attorney: Ferdie F. Franklin
Won defense verdict and award of costs on behalf of elderly
individual defendant and her son in attempted eviction
by retirement community owners following jury trial before
Judge James Smith of the Orange County Superior Court.
Jasik v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended a financial institution and its chairman individually
in this action alleging lender liability and fraud arising
out of the sale of the plaintiff borrower's business.
A jury verdict in favor of clients at conclusion of trial
before the Honorable Thomas Thrasher in the Orange County
Superior Court.
Johnson v. Scheuneman
Trial attorney: Ferdie F. Franklin
Successfully defended client in partnership dispute on
complaint against the firm's client, seeking dissolution,
winding up and accounting as well as a substantial personal
judgment. The firm also successfully prosecuted and obtained
judgment on behalf of the client on a cross-complaint
brought against plaintiff and, further, had the plaintiff
sentenced to 15 days in jail for contempt of court as
the result of the handling of partnership assets in violation
of a preliminary injunction obtained for the client by
the firm. This case was tried before Judge Robert C. Todd
of the Orange County Superior Court.
Kummel v. Old World
Trial Attorneys: Jeffrey P. Walsworth and Ronald H. Bevins,
Jr.
Represented defendant in business tort-contract dispute
involving approximately $15 million in assets. Defense
verdict after approximately one month trial.
Lee v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended financial institution in action claiming wrongful
foreclosure and fraud. Plaintiffs case was dismissed by
the trial court after ruling on a number of motions in
limine prepared and filed on behalf of client. Case venued
in the Los Angeles Superior Court, Norwalk.
Los Angeles Engineering
v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended financial institution in action arising out of
multiple bookkeeper forgeries. Defense judgment after
three day court trial in the Los Angeles Superior Court.
Martino v. DOE Department Store
Trial Attorney: Ferdie F. Franklin
Represented plaintiff in a false arrest/malicious prosecution
case in Orange County Superior Court before the Honorable
Ronald Bauer. The jury returned a verdict of $325,000.00
in compensatory damages with a finding of malice. The
case thereafter settled for a confidential amount during
the punitive damage phase of the trial.
Mendoza v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended financial institution in breach of contract and
bad faith claim arising out of failure to renew SB A loan.
Nonsuit granted at close of plaintiff s case by Judge
James J. Alfano in the Orange County Superior Court.
Millard v. Kent Realty
Trial Attorneys: Jeffrey P. Walsworth and Ronald H. Bevins,
Jr.
Successful unanimous plaintiff jury verdict in favor
of real estate investors against real estate company selling
properties in Arizona, including an award of $300,000 in punitive damages. Approximately one month jury trial
held in San Diego Superior Court before Judge Alpha Montgomery.
Rose v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended financial institution in action arising out of
forged endorsements on insurance policy checks. Defense
verdict for client rendered after five day court trial
in the Los Angeles Superior Court.
Security Pacific Mortgage
Co. v. Nourian
Trial Attorneys: Jeffrey P. Walsworth and Ronald H. Bevins,
Jr.
Successful plaintiff jury verdict (12-0), including fraud
and punitive damages in excess of $1 million against defendants
in the Orange County Superior Court before Judge Fitzgerald.
Vista v. Financial Institution
Trial Attorney: Stephen M. Nichols
Defended financial institution in action for lender liability
arising out of construction loan and disbursement of construction
moneys. Judgment for the defendant after a fifteen day
court trial in the San Bernardino Superior Court, Indio.
Abbis v. Southern California
Edison
Trial Attorney: Stephen M. Nichols
Defended Southern California Edison Company in case arising
out of plaintiffs claim that he suffered from asbestosis
as a result of exposure while working on Edison property.
Orange County Superior Court. The jury returned a verdict
in favor of our client in the first phase of a bifurcated
trial.
Childress v. Various Defendants
Trial Attorney: Ingrid K. Campagne
Dismissal with prejudice on behalf of a general contractor
defendant represented by WFB&M on the day of closing
argument in a case involving fatal asbestos-related lung
cancer. San Francisco Superior Court Judge Donald Mitchell
presided.
Heffel v. The Presley Companies
Trial Attorney: Laurie Sherwood
Defended roofer in case by owner of a large single family home that alleged variety of construction defects, water intrusion and mold. Defense verdict for roofer after a six week jury trial in Alameda County. Jury awarded roofer over $160,000 in attorney's fees and costs.
Holmes v. Various Defendants
Trial Attorney: Jennifer A. Cormier
Nonsuit awarded by judge to defendant insulation contractor
and supplier represented by WFB&M in alleged asbestosis
case. Judge Carlos Bea of the San Francisco Superior Court
presided.
Hudnall v. Various Defendants
Trial Attorney: Robert M. Channel and Sharon L. Clisham
Unanimous defense verdict by jury for construction site
contractor represented by firm in action involving claim
of exposure to asbestos by a career carpenter. San Francisco
Superior Court Judge Alfred A. Chiantelli.
McFadden v. Various Defendants
Trial Attorney: Robert M. Channel
Won arbitrated judgment on behalf of shipyard contractor
client who found in favor of client on both "substantial
factor" and negligence grounds before Judge Frances
Mayer of the San Francisco Superior Court.
Mora v. Various Defendants
Trial Attorney: Sharon L. Clisham
Nonsuit awarded by judge to defendant insulation contractor
and supplier represented by WFB&M in mesothelioma
case. Judge Paul Alvarado of the San Francisco Superior
Court presided.
Mott v. Various Defendants
Trial Attorney: Robert M. Channel
Won jury defense verdict on medical causation grounds
for WFB&M represented contractor in an alleged asbestosis
case tried before San Francisco Superior Court Judge Donna
Kitchens.
Schweitzer v. Various Defendants
Trial Attorney: Sharon L. Clisham
Won unanimous defense verdict by jury on behalf of Southern
California Edison Company represented by WFB&M in
a confirmed mesothelioma case. The jury returned its verdict
based on plaintiffs failure to prove negligence against
the premises owner. San Francisco Superior Court Judge
Ollie Marie-Victoire presided.
Shawhan v. Various Defendants
Trial Attorneys: Robert M. Channel
Defense verdict by jury for refinery contractor represented
by WFB&M based on "substantial factor" defense
involving 54-year-old plaintiff with undisputed mesothelioma.
Judge Daniel Hanlon presided over this all issues trial
in which the WFB&M client was the only defendant.
Stark v. Various Defendants
Trial Attorney: Stephen M. Nichols
Unanimous defense verdict by jury on behalf of a large
utility company represented by WFB&M in an alleged
asbestosis/pleural injury case. The jury returned a verdict
in favor of the client represented by WFB&M in the
first phase of a bifurcated trial. Orange County Superior
Court Judge Philip Petty (Ret.) presided.
Thompson v. Soltek
Trial Attorney: John D. Barnett and Stephen M. Nichols
Represented general contractor in personal injury and
wrongful death action brought by five plaintiffs arising
out of exposure to toxic chemicals. Defense verdict for
client after a five week jury trial. Case venued in the
San Diego Superior Court before Judge J. Richard Haden.
Products Liability Cases
Ash v. Various Defendants
Trial Attorney: Ingrid K. Campagne
Won jury defense verdict for a manufacturing client in
asbestosis action after four week jury trial. Plaintiffs
verdicts were returned against another defendant represented
by different law firm in similar cases tried before the
same jury. Judge Ernest Goldsmith of the San Francisco
Superior Court presided.
Brown v. Various Defendants
Trial Attorney: Robert M. Channel
Won jury defense verdict in favor of insulation distributor
in a case involving a 53-year-old plaintiff with two minor
children. Compensatory damages taking $2.1 million awarded
against the only other defendant in trial. Judge Maxine
Chesney of the San Francisco Superior Court presided.
Carter v. GP Resources
Trial Attorneys: Stephen M. Nichols and Deidre F. Cohen
Defended petroleum supplier in action arising out of plaintiff
s exposure to its product. Plaintiff claimed permanent
injuries that prevented work. Won defense verdict after
ten day jury trial. Case tried in the Long Beach Superior
Court.
Crowley v. Various Defendants
Trial Attorney: Robert M. Channel
Nonsuit awarded to defendant manufacturer represented
by WFB&M between phases in reverse bifurcated trial.
San Francisco Superior Court Judge Daniel Hanlon presided.
Duffy v. Various Defendants
Trial Attorney: Robert M. Channel
Nonsuit for defendant manufacturer represented by WFB&M
involving plaintiff with lung cancer granted after plaintiff
rested his case in this all issues trial. The jury found
against the only other defendant remaining in the case
and ultimately awarded plaintiff in excess of $2 million.
San Francisco Superior Court Judge Paul Alvarado presided.
Enroth v. Various Defendants
Livingston v. Various Defendants
Hoke v. Various Defendants
Trial Attorney: Ingrid K. Campagne
Nonsuits awarded to defendant manufacturer and contractor
represented by WFB&M in three alleged asbestosis cases.
Judge Ernest Goldsmith of the San Francisco Superior Court
presided.
Goodwin v. Ingersoll-Rand
Company
Trial Attorneys: Ferdie Franklin, Sage Knauft
Defense verdict in a wrongful death case venued in the
Riverside Superior Court before the Honorable E. Michael
Kaiser after a six day jury trial. Decedent was riding
on our client's golf car and fell sustaining fatal injuries.
Decedent's spouse and children claimed that our client
failed to provide adequate warnings regarding the use
of the car and that it defectively designed the braking
system. Plaintiffs' expert was Reuben Vollmer, a well
known expert witness on vehicle accidents who has testified
in a number of golf car cases.
Graham v. Club Car
Trial Attorney: Michael T. McCall
Defense verdict by jury in favor of our client, a golf
cart manufacturer, in personal injury strict products
liability claim. Case tried in the San Diego Superior
Court.
Grider v. Asbestos Defendants
Trial Attorneys: Robert M. Channel and Ingrid K. Campagne
Dismissal of boiler manufacturer client immediately after
opening statement given on client's behalf in a living
mesothelioma case. San Francisco Judge Donald Mitchell
presided.
LaChapelle v. Various Defendants
Trial Attorney: Stephen M. Nichols
Defended multiple defendants in a case brought by a Plaintiff
suffering from mesothelioma allegedly caused by his exposure
to client's asbestos containing products. Sucessful in
having jury apportion only 10% fault to the firm's clients.
Net result after set offs for prior settlements with other
parties is that client paid less than 2% of the settlement
demand through trial.
Llamas v. Yosemite Waters
Trial attorney: Ferdie Franklin
Products liability case in Imperial County Superior Court,
Judge Harmon. The firm's client was sued on behalf of
three children who allegedly suffered severe injuries
as a result of exposure to lead from the client's water.
The case successfully settled after three days of trial.
McCrary v. Various Defendants
Trial Attorney: Robert M. Channel
Won arbitration judgment on behalf of manufacturing client
in reverse bifurcated trial on both negligence and "substantial
factor" grounds before Judge Frances Mayer of the
San Francisco Superior Court.
Nagl v. Various Defendants
Trial Attorneys: Stephen M. Nichols and Karen Agelson
Defended client in case brought by a Plaintiff suffering
from
mesothelioma allegedly caused by his exposure to client's
product. This
matter was tried before a jury in Portland, Oregon. Net
result after set
offs for prior settlements by other parties at the commencement
of trial
is that Plaintiff recovered zero damages from client.
Police Misconduct Cases
Bey v. City of Richmond,
et al.
Trial Attorneys: Noel Edlin and Laurie E. Sherwood
Defense verdict for police officer defendants by jury
on grounds that plaintiff had not proven individually
named Richmond Police Officers had violated his rights
during arrest.
Kwamilele v. City of Oakland,
et al.
Trial Attorney: Noel Edlin
Defense verdict for police officer defendant by jury based
on grounds that plaintiffs constitutional rights were
not violated during arrest by individually named Oakland
Police Officer.
May v. City of Richmond
Trial Attorneys: James N. Penrod and Noel Edlin
Defense verdict for defendant police officers on grounds
that individually named officers had not violated the
constitutional rights of plaintiffs during detention and
arrest procedures. This was a consolidated trial involving
four other plaintiffs and seven defendants.
Mignon, et al. v. City of
Oakland, et al.
Trial Attorneys: James N. Penrod and Noel Edlin
Defense verdict for defendant police officer based on
grounds that plaintiffs' constitutional rights were not
violated by acts of individually named Oakland Police
Officers.
Morgan v. City of Oakland,
et al.
Trial Attorneys: James N. Penrod and Noel Edlin
Defense judgment by trial judge for our client on grounds
that shooting of plaintiff, brother of Baseball Hall of
Fame member Joe Morgan, was not a violation of plaintiff
s constitutional rights.
Employment Cases
Bowes v. Club Car
Trial Attorney: Ferdie F. Franklin
The firm represented the defendants in a wrongful termination/harassment
case brought in Solano County Superior Court. The jury
deadlocked 7 - 5 in favor of a defense verdict. The case
thereafter settled for a confidential amount.
Cline v. Bastanchury
Trial Attorney: Ferdie F. Franklin
United States District Court, Central District before
the Honorable Terry Hatter. The case was brought by a
former driver/distributor for the firm's client and made
allegations of wrongful termination, breach of contract,
etc. Judge Hatter rendered a defense judgment.
Smith v. Doe Freighting Company
Trial Attorney: Ferdie F. Franklin
Trial in United States District Court, Central District of California, on claims of breach of contract and fraud brought by former outside sales person. There was a finding in favor of defendant on the fraud cause of action and a verdict in favor of plaintiff on the breach of contract cause of action, the amount being between the highest offer by the defendant and the lowest demand by the plaintiff. The Firm brought a motion for a new trial on behalf of the defendant which was granted. Thereafter, the case settled for a confidential amount.
Weston v. Doe Automobile Parts Distributor
Trial Attorney: Ferdie F. Franklin
Defense Judgment on a wrongful termination/breach of contract case brought by a former sales person against the employer. The Firm removed the case from state to federal court and subsequently obtained an order directing that the trial be bifurcated and an issue of contract interpretation be tried to the court (as compared to a jury). The Firm's client, the defendant, prevailed. The plaintiff appealed to the Ninth Circuit of the federal appellate courts, where the judgment was affirmed.
Trial Experience of John D. Barnett, Of Counsel to the
Firm
Mr. Barnett graduated from the University of San Francisco
Law School in 1973, and began his practice with the
Orange County Public Defender's Office in 1974 through
1978. He then moved to private practice where he has
tried both civil and criminal cases, including several
capital murder cases and representation of police officers,
including serving as lead counsel for Officer Ted Briseno
in the case entitled People v. Powell, more commonly
known to the public as the "Rodney King" case.
In 2002, Mr. Barnett again gained national attention
when he was retained as counsel for an Inglewood police
officer, Jeremy Morse who in July of that year was indicted
as a result of his actions seen in a nationally televised
videotape.
Mr. Barnett's practice has evolved from strictly criminal
defense to include trial of complex civil matters. He
has associated in as trial counsel on many cases with
the law offices of Walsworth, Franklin, Bevins &
McCall, a firm consisting of more than seventy lawyers,
with offices in both Orange and San Francisco. These
cases have included the defense of asbestos and environmental
contamination claims; the defense of banks and construction
firms; the defense and prosecution of attorney malpractice
claims; the prosecution of "whistle-blower"
claims; and the defense of municipalities in police
misconduct cases and the defense of large corporations
in discrimination claims. He has also defended clients
on various personal injury actions and obtained a defense
verdict in a five-week wrongful death jury trial in
San Diego brought by five separate plaintiffs arising
out of alleged exposure to toxic chemicals.
Mr. Barnett has been accorded numerous honors and awards,
has served on the Orange County Bar College of Trial Advocacy,
is a member of the American College of Trial Lawyers,
and has lectured on trial tactics to the Bar Associations
of Orange, Riverside, and Los Angeles Counties. He has
also lectured at the State Bar Litigation Section meeting
on trial tactics, argued a matter before the United States
Supreme Court, and has served as consultant or expert
witness on the issue of trial skills and tactics.
The following is a listing of some of the police
cases that Mr. Barnett has worked on as well as the results
of same:
People v. Thomas Chandler
In this case two police officers were accused of excessive
use of force against a prisoner. This case was dismissed
during the jury trial.
People v. Beckert
In this case involving similar excessive force charges,
Mr. Barnett obtained a not guilty verdict for the defendant/officer.
People v. Iverson
Mr. Barnett also represented Police Officer Douglas Iverson
in both of his Superior Court cases involving a charge
of murder in a highly publicized police shooting case.
In both cases the trial resulted in hung juries. After
the second trial, the court dismissed the case against
Officer Iverson.
People v. Hamby
The officer was accused of 24 counts of sexual abuse of
prisoners. Again, Mr. Barnett obtained a not guilty verdict
for his client.
People v. Ice
Mr. Barnett represented Officer Allan Ice in a criminal
action where he was accused of assault with a firearm
while off duty. The first trial resulted in a hung jury.
The second trial also resulted in a hung jury. After such
verdict, the court dismissed the case against Officer
Ice.
People v. Ballew
Mr. Barnett obtained a not guilty verdict for Officer
Ballew who had been accused of kidnap and rape.
People v. Briseno
Mr. Barnett represented Officer Ted Briseno in the highly
publicized State Court "Rodney King" case. Mr.
Barnett obtained a not guilty verdict for Mr. Briseno.
People v. Griffin
Mr. Barnett represented Orange County Sheriff Officer
Bill Griffin in the criminal case where he was accused
of statutory rape of a police explorer. Again, Mr. Barnett
obtained a not guilty verdict for Orange County Sheriff
Officer Griffin.
People v. Erickson
Mr. Barnett represented Riverside Sheriff Officer Erickson
in a criminal case where the deputy was accused of 30
counts of child molestation. Again, Mr. Barnett obtained
a not guilty verdict for Riverside Sheriff Officer Erickson.
People v. Morris
Mr. Barnett represented Los Angeles Police Officer Jeremy
Morris in a highly publicized trial in Los Angeles in
which it was alleged that Officer Morris used excessive
force. The trial resulted in a hung jury.
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