Legislation Details

File #: HIST-2887    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 6/26/2006 Final action: 6/26/2006
Title: Consideration of Authorization to Amend Existing Legal and Professional Services Agreements, Including Approval of Extension of Agreement Terms and Rate Changes.
Attachments: 1. A-4__Amend Legal Agreements.DOC, 2. A-4 Legal fees Agreement.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends that the City Council authorize the City Attorney’s Office to amend existing legal services agreements with the firms of Atkinson, Andelson, Loya, Ruud & Romo; Carpenter, Rothans & Dumont; Colantuono & Levin; Dapeer, Rosenblit & Litvak; Fox & Sohagi; Franscell, Strickland, Roberts & Lawrence; Greenberg Glusker; Jones & Mayer (attorney Greg Palmer); Kane, Ballmer & Berkman; Liebert Cassidy Whitmore; Masters & Ribakoff; and McCune & Harber for use on an as- needed basis, and to allow for revision of the agreements utilizing a uniform format, the extension of agreement terms and hourly rate changes. BACKGROUND AND ANALYSIS: The Culver City City Attorney’s Office (“Office”) is an in-house operation, providing a wide variety of legal services with four (4) attorneys, a Legal Operations Manager, Senior Management Analyst and administrative/clerical staff, as well as four full-time staff members and one half-time supervisor in the Code Enforcement Division. Although the Office handles the majority of legal issues facing the City, there are certain legal functions which the Office does not perform on a regular basis, such as representation in complex litigation matters, including, but not limited to tort, employment, and police cases, for which the Office retains outside counsel. As demonstrated during the past several years, there has been an abundance of issues Meeting Date: 06/26/06 Item Number: A-4 AGENDA ITEM: Consideration of Authorization to Amend Existing Legal and Professional Services Agreements, Including Approval of Extension of Agreement Terms and Rate Changes. Contact Person/Dept.: Carol Schwab or Pam Graves/City Attorney Phone Number: (310) 253-5660 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: Yes [] No [X] Action Item: Yes [X] No [] Public Notification: Via e-mail on 06/21/06: Master Notification List; Atkinson, Andelson, Loya, Ruud & Romo; Carpenter, Rothans & Dumont; Colantuono & Levin; Dapeer, Rosenblit & Litvak; Fox & Sohagi; Franscell, Strickland, Roberts & Lawrence; Greenberg Glusker; Jones & Mayer (attorney Greg Palmer); Kane, Ballmer & Berkman; Liebert Cassidy Whitmore; Masters & Ribakoff; and McCune & Harber. Department Approval: Carol Schwab, City Attorney CAO Approval: Jerry B. Fulwood (06/21/2006) City Controller Approval: Marlee Chang (06/21/2006)City of Culver City, California City Council Agenda Item Report that have arisen, requiring consultation with attorneys who have specific expertise in certain areas, such as First Amendment, employment, environmental and tax law. As discussed in our recent budget study session, the combination of our staff’s in- house services, with outside counsel for specific tasks, is a model used by all in- house city attorney’s offices. This continues to be an efficient and productive system. The Office has identified a core group of law firms, most of which specialize in representing cities, that can be relied upon to provide consistent, high quality, legal representation. Such legal services are often needed to quickly respond to immediate requests. In order to facilitate the handling of these issues, the City Attorney needs to have flexibility in managing outside counsel through the use of on- going legal services contracts with these firms that allow the Office to retain legal counsel as necessary. THE LAW FIRMS: Currently, the Office is using the following firms on a regular basis: (Firm resumes attached)  Atkinson, Andelson, Loya, and Ruud & Romo: This firm has provided legal services to the City for the past five years, including workplace investigations, labor relations, employment law and civil litigation.  Carpenter, Rothans & Dumont: Steve Rothans has ably handled a substantial number of the City’s police defense cases and has been representing the City’s interests for the past eight years. In addition, to providing legal services for compensation, this firm has also provided pro bono services to the City over the past several years, including various legal research projects, meetings with various police department personnel involving pending and threatened litigation, and other general advice and counsel.  Colantuono & Levin: Colantuono & Levin has provided legal services to the City over the past three years. The firm’s services have included advice regarding public records, permit and licensing and NPDES issues (stormwater permit matters). In addition, the firm has represented the City as a real party in interest in a series of lawsuits filed by the County of Los Angeles and a host of cities located within the County challenging the storm water permit adopted by the Southern California Regional Water Quality Control Board. City of Culver City, California City Council Agenda Item Report  Dapeer, Rosenblit & Litvak: This firm has provided legal services to the City for the past five years in a variety of matters related to code enforcement and the City’s automated red light enforcement program, including general advice on legal issues and litigation in trial and appellate courts. Over the past several years, the firm has successfully handled over 50 red light citation matters at the trial and appellate levels.  Fox & Sohagi: This firm has provided legal services to the City for over eight years, on matters relating to First Amendment issues, including adult use, signs, and assembly. Deborah Fox’s expertise in these areas has resulted in the important defense of recent litigation related to signs in the City’s public rights-of-way and off-site signs. In addition, the firm has assisted our Office in drafting and updating the free speech policy and guidelines. As new issues present themselves, Ms. Fox has been on-call and provides a quick response.  Franscell, Strickland, Roberts & Lawrence: This firm has provided legal services to the City since 1992, including litigation defense in police matters, including civil rights issues; employment matters, including actions brought under the California Fair Employment and Housing Act and the Americans with Disabilities Act; and appellate matters.  Greenberg Glusker: Greenberg Glusker has provided legal services to the City for nearly five years in connection with a number of environmental, oil and gas, tax and business matters. The firm’s expertise and high quality legal services have proven successful in assisting the City Attorney’s Office in removing several oil wells and a tank farm from Culver City Park and obtaining Brownfields funds to clean-up the site for the Dog Park. Recently, they have assisted in the collection of outstanding Transient Occupancy Tax.  Jones & Mayer (attorney Greg Palmer): Jones & Mayer has provided legal services to the City for the past four years. The firm has represented the City in administrative hearings before the Civil Service Commission and the Committee on Permits & Licenses. In addition, attorney Greg Palmer has provided consultation with the Office as necessary in matters relating to massage establishment regulations and technician licensing, police department issues and the Public Records Act.  Kane, Ballmer & Berkman: KBB has provided legal services to the City since 1989 and to the Redevelopment Agency since 1971. The services provided to the City have included interim city attorney services from November 1989 to March 1990, and from March 1991 to October 1991; and interim deputy city City of Culver City, California City Council Agenda Item Report attorney services in 1996-1997 and as needed from 1998 to the present. Over the last several years, this firm has filled a much needed void in land use and other matters due to various absences of in-house staff, including medical and military leaves. The firm has also provided services for a multitude of subjects relating to local government law, both transactional and litigation related, including contract preparation and review, tort claim review, and public records, Brown Act, conflict of interest and election issues.  Liebert Cassidy Whitmore: Liebert Cassidy Whitmore specializes in employment law and has provided legal services to the City since 1997, including general advice on human resources/personnel matters; MOU negotiations; legal advisor to the Civil Service Commission from 2000 – 2002; personnel investigations; recruitment and examination issues; Americans with Disabilities Act reasonable accommodation issues; employee discipline issues; and several litigation matters.  Masters and Ribakoff: This firm has provided workplace investigations in response to personnel and employment matters.  McCune & Harber: This firm handles a majority of the City’s litigation cases, including tort and personnel cases. In addition, it has represented the City in numerous administrative hearings before the Civil Service Commission. McCune & Harber has provided quality legal representation to the City for nearly 20 years. It is also interesting to note, Dana McCune, who handles many of the City’s cases personally, was recently named one of Southern California’s “Super Lawyer” for 2003-2004 by Super Lawyers magazine and Los Angeles magazine. In order for the City Attorney to effectively manage the City’s outside legal services, through the retention of productive and high quality law firms to assist the City in certain areas of expertise, and represent it in various litigation matters, staff is requesting authority to amend its existing legal services agreements to “as-needed” agreements with all the firms listed above. It should be noted that the City Council has authorized the use of other legal services for specific purposes. One example of this is the LAX expansion litigation, for which the City joined the City of Inglewood and the County of Los Angeles in retaining Chevalier, Allen & Lichman, experts in the area of airport issues litigation. Other situations may arise throughout the year, for which the Office will bring forward, if necessary, contracts for specialized legal services. City of Culver City, California City Council Agenda Item Report HOURLY RATES: Most of these law firms have not increased the rates they charge the City in several years. As such, it is understandable and quite reasonable that many have recently requested rate increases. Some firms requested a rate increase two years ago, but staff requested that implementation be deferred until this item was brought to Council for approval during the budget process. The following chart and attached firm resumes (Attachment 1) represent the current and new hourly rates for each law firm: Firm Current Rate New Rate Atkinson, Andelson, Loya, Ruud & Romo $200 - $225 No Change Carpenter, Rothans & Dumont $130 - $150 $170 - $185 Colantuono & Levin $205 - $225 No Change Dapeer, Rosenblit & Litvak $125 $140 Fox & Sohagi $175 - $295 $225 - $325 Franscell, Strickland, Roberts & Lawrence $175 - $225 No Change Greenberg Glusker $293 - $441 $235 - $485 Jones & Mayer (Greg Palmer) $175 No Change Kane, Ballmer & Berkman $125 - $165 $145 - $200 Liebert Cassidy Whitmore $210 - $260 No Change Masters & Ribakoff $295 No Change McCune & Harber $120 - $135 $175 - $185 FISCAL ANALYSIS: The funding for these services is budgeted in two different budget accounts — the City Attorney’s budget and the Liability Reserve Fund. The Liability Reserve Fund is used for defense of cases filed against the City, the majority of which are tort (slip and fall), employment, and police cases. This fund is supported by allocations from each department. The City Attorney budget (Legal Services line item) covers expenses for assistance in transactional work, litigation initiated by the City as a plaintiff, advisory opinions and investigations. City of Culver City, California City Council Agenda Item Report ATTACHMENT: 1. Firm Resumes MOTIONS: That the City Council: 1. Authorize amendments to existing legal services agreements to allow for retention of the following law firms on an as-needed basis: Atkinson, Andelson, Loya, Ruud & Romo; Carpenter, Rothans & Dumont; Colantuono & Levin; Dapeer, Rosenblit & Litvak; Fox & Sohagi; Franscell, Strickland, Roberts & Lawrence; Greenberg Glusker; Jones & Mayer (attorney Greg Palmer); Kane, Ballmer & Berkman; Liebert Cassidy Whitmore; Masters & Ribakoff; and McCune & Harber; and 2. Approve the rate increases as listed in the above chart; and 3. Direct the City Attorney to prepare the necessary agreements and authorize the Chief Administrative Officer to execute the agreements on behalf of the City. MEETING DATE 06/26/06 AGENDA ITEM Consideration of Authorization to Amend Existing Legal and Professional Services Agreements, Including Approval of Extension of Agreement Terms and Rate Changes ATTACHMENTS Pages|109| Firm Resumes 1-138ATKINSON, ANDELSON, LOYA, RUUD & ROMO ,|1010|,—.--" --i ,16.,_&.,,u,1 1 Nate a s i Manlou F Mirkovich RUUD & ROMO Arrrittoomr- ATKINSON ANDELSON LOYA A PROFESSIONAL CORPORATION ATTOR N EYS AT LAW 17871 PARK PLAZA DRIVE SUITE 200 CERRITOS CALIFORNIA 90703 8597 (562) 653 3200 (7)4) 826 5480 FAX (562) 653 3333 WNW AALRR COM a r R E r c4.5tramo, MALL SUITE 645 '''' '`SdCITA CALIFORNIA 95814 (9 I 6) 447 4300 05 JAN 3 1 Atilt 9 ii 47 4333 C I T ' fs. T —,- , - ., SAN DIEGO ; - . i s., 11440 VIESTS&EFiliffitri COURT SUITE I 74 C1 T 1 0 — C I,SAlt, PIEStprCiALIFDANIA 92 I 27 (858) 485 9526 FAX (858) 485 94 I 2 RIVERSI% 36 I 2 MISSION INN AVENUE UPPER LEVEL RIVERSIDE CALIFORNIA 92501 (909) 683 I I 22 FAX (909) 683 1 I 44 _ PLEASANTON 5776 STONERIDGE MALL ROAD SUITE 200 PLEASANTON CALIFORNIA 94588 (925) 227 9200 FAX (925) 227 9202 SACRAMENTO OUR FILE NUMBER 000845 00000 January 27, 2005 515288v1 Via Overnight Mail Carol A Schwab City Attorney City of Culver City 9770 Culver Boulevard Culver City, CA 90232 RE Response to Request for Letter of Intent Dear Carol This letter is in response to your request for a Letter of Intent from our firm regarding our desire to continue providing contract legal services for the City of Culver City We understand that your office plans to bnng this matter before your City Council in the near future We look forward to being included in your presentation This firm has provided contract services to the City of Culver City for the past five years Our proposed legal services include workplace investigations, labor relations, employment law, civil litigation, and land use/eminent domain Attached please find our firm resume, attorney biographies and rate sheet Should you have any questions, please do not hesitate to call Sincerely, NJK kdc Enclosures tRIVERSIDE 3612 MISSION INN AVENUE UPPER LEVEL RIVERSIDE CALIFORNIA 92501 19091 683 1 122 FAX (909) 683 I I 44 PLEASANTON 5775 STONERIDGE MALL ROAD SURE 200 PLEASANTON CALIFORNIA 94588 (925) 227 9200 FAX (925) 227 9202 ATKINSON ANDELSON LOYA RUUD & ROMO A PROFESSIONAL CORPORATION ATTO R N EYS AT LAW I 787 I PARK PLAZA DRIVE SUITE 200 CERRITOS CALIFORNIA 90703 8597 (562) 653 3200 (7 I 4) 826 5480 FAX (562) 653 3333 VVVVVV AALRR COM SACRAMENTO 555 CAPITOL MALL SURE 645 SACRAMENTO CALIFORNIA 95814 19 I 6) 447 4300 FAX (9 I 5) 447 4333 SAN 01590 I I 440 WEST BERNARDO COURT SUITE 174 SAN DIEGO CALIFORNIA 92127 (858) 485 9526 FAX (858) 485 94 I 2 OUR FILE NUMBER 000845 00000 5 I 5 I 51vI List of Representative Clients Members of our firm have represented dozens of cities, counties and special districts in labor employment, land use, eminent domain and other civil litigation The following is a partial list of the public agencies for whom members of the firm have provided services in the last decade Cities City of Bell Gardens City of Cathedral City City of Culver City City of Hesperia City of Glendora City of Huntington Beach City of Inglewood City of Lancaster City of Long Beach City of Manhattan Beach City of National City Cities City of Pasadena City of Pomona City of Redondo Beach City of Rialto City of San Marmo City of Santa Paula City of Temple City City of Thousand Oaks City of Torrance City of Upland City of Ventura Counties County of Los Angeles County of Merced County of Riverside County of Tulare Special Districts Housing Authority of the City of Los Angeles Metropolitan Water District of Southern California Padre Dam Municipal Water District Santa Paula Library District South Coast Area Transit District 21=1 V CITY OF CULVER CITY Response to Request for Letter of Intent Atkinson, Andelson, Loya, Ruud & Romo A Professional Law Corporation January 27, 2005 Navigating your course Cerritos • Riverside • Pleasanton • Sacramento • San Diego www aalrr corn 3 TIFirm Resume Page I Atkinson, Andelson, Loya, Ruud & Romo Over the last two and a half decades, we have become one of California's most widely respected law firms Our more than 5,000 private and public sector clients include corporations partnerships, and other business entities school and community college districts, trade groups municipalities and various state agencies Our uncompromising approach to high quality legal work enables us to provide consistently practical management solutions in the key practice areas of litigation labor relations employment law, real estate, public and private finance construction law, business law, bankruptcy estate planning and administration, and taxation We take an active role in representing our clients' interests across the state Our proficiency in a number of foreign languages allows us to be responsive to the needs of our clients and their communities Our philosophy is driven by a continuing investment in knowing the broad spectrum of legal issues that affect public agencies The firm grasps these issues and counsels clients with an orientation toward preventive, practical service We believe that the key to providing effective legal service is open, honest and regular communication between the client and our firm We place emphasis on precise information-sharing to avoid misinterpretation and provide our clients with clear direction Central to this approach of course is proactive communication common sense advice and ongoing recognition that our success is tied to our clients' satisfaction 'ERRITOS PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO ww n%.aalmcomFirm Resume Page 2 LITIGATION Our litigation attorneys have handled virtually all types of litigation in both state and federal courts, participating in jury trials, arbitrations, mediations, and class actions We have litigated cases involving wrongful termination, personal injury toxic torts insurance coverage construction defects, discrimination real estate and debt collection We regularly appear in federal and state courts and have extensive experience in alternative dispute resolution including arbitrations and mediations We have also litigated before the Public Employment Relations Board and various state agencies regulating labor standards unemployment compensation and occupational safety and health We attribute our unparalleled success and high level of client satisfaction to our unique approach to litigation When a client requests litigation assistance, we initially focus on identifying our client s goals In some instances, our client s goals might include engaging in alternative dispute resolution such as early mediation In other instances, our client s goals might require us to aggressively litigate an unmeritorious claim Regardless we include our clients in the process, fully analyzing the risks presented by the case early on and constantly communicating with the client throughout the litigation General Litigation Our general litigation practice serves clients across a range of major disputes and civil litigation, from counseling to trial and appeal This practice often involves complex, multi-jurisdictional matters involving multiple adversaries Appellate Practice Our trial and appellate lawyers have assisted our clients in achieving success in the face of the most difficult legal problems We have honed the art of appellate advocacy through countless arguments before federal and state appellate courts We have also mastered trial court litigation through extensive first chair experience and wide range involvement in the presentation of legal issues for trial courts Premises Liability Our premises liability lawyers advise and defend public agencies with respect to a variety of premises issues We also counsel clients on liability prevention in this area CERRITOS PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO Ilww.aalrr.comPage 3 Firm Resume EMPLOYMENT We place significant emphasis on proactive client counseling Our attorneys develop strong working relationships with in-house counsel and public agency administrators Through these relationships we strive to manage employee turnover, successfully merge organizations provide human resource training and communicate and implement liability reduction techniques Areas of particular interest to our clients include interpretation of the federal and state disability laws understanding the family and medical leave laws workplace health and safety and prevention of alcohol and drug use in the workplace In addition to these specialized areas, we advise clients on a broad array of topics, including sound employee practices concerning federal and state wage and hour laws, employment eligibility verification and equal employment opportunity compliance, affirmative action obligations and recordkeeping duties, and posting requirements facing public agencies We also prepare employee handbooks, policies and manuals and review and revise existing employee handbooks and policies We provide organized training programs to sensitize managers to the various pending employment issues and to provide managers with options on how to comply with the law and avoid litigation while carrying out their supervisory responsibilities Our attorneys also have extensive experience with all personnel issues, including discipline and termination, drafting reviewing, and revising employment contracts, policies and procedures hiring procedures (including criminal background checks) leaves of absence, layoffs officer and employee conflicts of interest employment discrimination and employment litigation Representative areas of employment expertise include the following Age Discrimination We counsel public agencies in handling individual terminations and claims or reductions in force to minimize age discrimination claims Our attorneys structure settlement agreements to comply with the special rules applicable to age discrimination cases We defend against administrative agency charges and lawsuits brought under the federal and state age discrimination laws Disability Discrimination We offer advice and management training to ensure compliance with the federal and state disability discrimination laws We actively defend public agencies in administrative proceedings and discrimination lawsuits and assist public agencies to develop policies and procedures designed to prevent disability discrimination claims CERRITOS • PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO www.aairr.comFirm Resume Page 4 Gender, Race, National Origin and Religious Discrimination Our attorneys handle numerous EEOC and state administrative agency charges as well as federal and state lawsuits alleging discrimination on the basis of gender, race national origin religion and other protected classifications We advise public agencies on how to avoid claims of discrimination or minimize company liability for such claims Family and Medical Leave The Family and Medical Leave Act (FMLA) and analogous state laws generally require covered public agencies to provide eligible employees with up to 12 weeks of unpaid leave for specified medical reasons We routinely provide legal advice to public agencies regarding employees who request, take, and return from leave We focus on the interplay between state and federal laws and regulations including disability discrimination laws, workers compensation laws, family medical leave laws and pregnancy disability laws to implement preventive policies concerning leaves Harassment Our attorneys draft and assist with the implementation of effective policies against harassment We also conduct management and supervisory training to prevent unlawful harassment and can guide public agencies through independent workplace investigations Our attorneys have decades of experience representing management in administrative and court proceedings involving claims of harassment based on sex, race, national origin, age, religion and disability Privacy Issues Our attorneys routinely counsel public agencies with respect to employee privacy matters We assist public agencies in developing or evaluating personnel policies dealing with privacy issues including employee drug testing procedures, monitoring of employees' telephone, email and Internet usage and employer usage of consumer credit motor vehicle, and criminal background reports during the hiring or promotion process Employment Policies & Procedures/Audits We assist public agencies in drafting comprehensive employee handbooks and manuals These handbooks and manuals emphasize employer rights clearly set forth expectations for employees and avoid the unwarranted guarantees of "fairness" or "due process" that frequently become the basis for breach of employment contract lawsuits CERRITOS PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO Ilww.aaIrr.comPage 5 Firm Resume Wage and Hour Our attorneys assist public agencies to achieve compliance with the minimum wage overtime and recordkeeping requirements of all federal and state wage and hour laws We also assist public agencies in complying with other state wage and hour laws such as those governing vacation pay and wage deductions We also defend wage and hour lawsuits in court including class actions Occupational Health and Safety Laws We counsel clients toward prevention of workplace health and safety issues and to achieve practical compliance with applicable federal and state requirements We also represent public agencies during safety and health inspections by OSHA and Cal OSHA We handle litigation before courts and government agencies relating to workplace health and safety issues Labor Relations Our labor relations practice covers all issues arising between our clients employees, and labor unions Several of our attorneys formerly worked for the Public Employment Relations Board (PERB), providing us with the advantage of an insider's perspective In addition to an extensive PERB practice, our labor relations work addresses labor issues and claims arising in state and federal courts In addition to assisting public agencies in collective bargaining negotiations the firm represents them in contract interpretation disputes including grievance proceedings culminating in arbitration Prior to any arbitration the firm believes in being involved at the early levels of the grievance procedure to ensure that all legal issues are explored and raised, possibly with resolution prior to arbitration This practice also ensures that affirmative defenses such as timeliness and arbitrability are preserved Firm personnel interview witnesses compile documents and other information prepare questions for witnesses and present the employers case at the hearing CERRITOS PLEASANTON RIVERSIDE • SACRAMENTO • SAN DIEGO N$ .aalmcomFirm Resume Page 6 LAND USE AND EMINENT DOMAIN The firm has a vast broad range of expertise and experience in public real property and land use issues including purchases and sales eminent domain environmental regulation leases and easements, and redevelopment Eminent Domain The firm has represented public entities throughout the state in eminent domain matters We have advised numerous agencies on appropriate pre-condemnation procedures, including appraisal, compensation just offers, and negotiation We have successfully represented public agencies on both sides of eminent domain matters with respect to the right to take and valuation Finally the firm has defended several public entities against inverse condemnation and Klopping damages claims Environmental Regulation and Compliance The firm has experience in all facets of state and federal environmental and hazardous substances regulation The firm has advised numerous public agencies on compliance measures for the California Environmental Quality Act ( CEQA ), including preparation, review and certification/adoption of environmental impact reports, mitigated negative declarations CEQA exemption and impact studies The firm has also represented public entities in both prosecuting and defending CEQA enforcement action The firm has extensive experience working with agencies charged with environmental oversight and enforcement, including the United States Environmental Protection Agency ( EPA), California Department of Toxic Substances Control ( DTSC ), and various air quality management districts Land Use and Planning The firm has represented numerous public and private entities in land use matters, including zoning compliance and amendments developer fees Subdivision Map Act, permitting and redevelopment CERRITOS PLEASANTON • R IVESIDE SACRAMENTO • SAN DIEGO WWN% .aalmcomFirm Resume Page 7 ATTORNEY CONTINUING EDUCATION AND TRAINING The firm is committed to ensuring that its attorneys paralegals, and staff have up-to- date knowledge of legal issues The firm provides in-house continuing legal education programs and training for all attorneys in a wide range of areas and also arranges for attorneys to attend outside seminars and workshops Each attorney is required to complete at least seven (7) hours of continuing legal education each year with a total of thirty-six (36) hours required over a three-year period Such education includes substantive areas of the law legal ethics and elimination of bias from the profession All attorneys are expected to read legal periodicals and updates on a regular basis We offer a variety of seminars and workshops for our clients, as well as for other organizations Our attorneys frequently attend and participate as a means of remaining current on legal issues We also have an extensive library access to Lexis/Nexis (a computer legal research network) and Internet-based legal research, and cases, statutes and other publications on CD-ROM The library includes numerous treatises books with in-depth analyses of particular areas of the law and periodicals on specific issues such as arbitrations family and medical leave sexual harassment and the Americans with Disabilities Act Special Skills In addition to the extensive legal experience and training of our attorneys and paralegals, all our attorneys are trained and experienced in providing in-service training or workshops on general legal issues or specific issues or concerns of a public agency Firm Publications Our firm publishes Legal Advisories and Alerts These reports provide clients with information concerning laws and case decisions which affect public agencies and business personnel Frequent Alerts are distributed without charge The Alert reports on late-breaking developments in labor and employment and construction/facilities-related laws Our firm also conducts seminars on various topics such as wage & hour, construction industry issues family medical leave act employment law updates, prevailing wage legislative updates and the Americans with Disabilities Act We also present Breakfast Briefings on topics of concern such as legislative updates general conditions and harassment awareness to CERRITOS PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO www.aaimcomNavagating your course Atkinson, Andelson, Loya, Ruud & Romo A Professional Corporation NATE J KOWALSKI Cerritos California Senior Associate phone (562) 653-3200 fax (562) 653-3333 email nkowalski©aalrr corn Employer Services Practice Group Experience Nate Kowalski is a senior associate in the Cerritos office of Atkinson Andelson Loya Ruud & Romo Mr Kowalski is an accomplished litigator who has represented employers in both the private and public sectors Mr Kowalski is also a gifted writer who frequently contributes to the California Labor and Employment Review a periodical published by the State Bar Labor and Employment Section Mr Kowalski has litigated dozens of labor and employment cases in state and federal court and has achieved remarkable results for clients in motions arbitrations trials and appeals Among his victories is a case in which the United States Supreme Court in a unanimous decision ruled in favor of his client His representation of employers encompasses a wide array of issues including defamation trade secrets unfair competition privacy and leaves of absence He has also represented employers in connection with overtime claims and other wage and hour matters including class actions In addition Mr Kowalski has successfully defended employers against discrimination and harassment claims based on gender race religion age and disability Besides employment litigation Mr Kowalski has extensive experience with traditional labor law issues He has handled numerous recognition and unfair practice proceedings before the National Labor Relations Board and the Public Employment Relations Board He has also represented multi employer pension and health plans in employee benefits litigation His labor and employee benefits experience encompasses such areas as collective bargaining union elections successorship and alter ego claims In the past decade Mr Kowalski has litigated a number of precedent setting cases involving issues such as union security provisions in collective bargaining agreements (Marquez vs Screen Actors Guild (1998) 525 U S 33) restnctive endorsements under the Uniform Commercial Code (Directors Guild Pension & Health Plans vs Harmony Pictures (1999) 32 F Supp 2nd 1184) public meetings of government bodies (Momson vs Housing Authority (2003) 107 Cal App 4th 860) and law enforcement disciplinary investigations (Upland Police Officers Association vs City of Upland (2003) 111 Cal App 4th 1294) and surface bargaining (Riverside Sheriffs Association vs County of Riverside (2004) 29 PERC) In 2004 Mr Kowalski obtained summary judgment for a landscape contractor in a trust fund action in federal court This case one of first impression in the Ninth Circuit stemmed from an assignment of work dispute between two competing unions The Court dismissed the action because the union that contested the contractors work assignment failed to exhaust the procedure for resolving jurisdictional disputes under the applicable Project Stabilization Agreement Also in 2004 Mr Kowalski was named a Southern California Rising Star' by Law & Politics magazine and Los Angeles Magazine based on a poll of selected Southern California Lawyers This recognition honors exceptional Southern California attorneys who are under the age of 40 Education Mr Kowalski earned his undergraduate and law degrees from the University of Michigan Admission & Memberships 1995 California Los Angeles Bar Association State Bar of California CERRITOS • PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO www.ailrr. com I'rr Navigating n our course Atkinson, Andelson, Loya, Ruud & Romo A Professional Corporation MARILOU F MIRKOVICH Cerritos California Partner phone(562) 653-3200 fax (562) 653-3333 email mmirkovich aalrr corn Employer Services Practice Group Experience Manlou Mirkovich is a partner in the Cerritos office of Atkinson, Andelson, Loya, Ruud & Romo Ms Mirkovich represents employers in all aspects of labor relations and employment law She specializes in defending discrimination claims in federal and state courts and she handles matters pending before the EEOC, DFEH, and FEHC Ms Mirkovich has served as President of the Board of Directors for the Community Family Guidance Center, an organization which provides low cost mental health care to families at risk in the communities of Artesia, Bellflower, Cerritos, Downey, Hawaiian Gardens Lakewood, Norwalk and Paramount She has been an active participant in the Los Angeles County Bar Association AIDS HOSPICE Project Ms Mirkovich is also on the Board of Directors for the Friends of the Cerritos Center for the Performing Arts Education Ms Mirkovich received her undergraduate degree from the University of Redlands in Economics and her Juns Doctor from Loyola Law School Los Angeles She joined Atkinson, Andelson Loya Ruud & Romo in 1985 Admission 1985 California, 1986, U S District Court Central District of California Julianne Memberships Los Angeles County and American Bar Associations State Bar of California Publications and Speaking Engagements Ms Mirkovich has written many articles for publication in periodicals relating to employment and labor law She is a frequent speaker to various organizations on labor and employment issues CERRITOS • PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO www,aalrr.comNavigating your course Atkinson, Andelson, Loya, Ruud & Romo A Professional Corporation JAMES BACA Cerritos, California Senior Partner phone(562) 653-3200 fax (562) 653-3333 email ibaca©aalrr corn Public Sector Practice Group Experience James Baca is a partner in the Cerritos office of Atkinson, Andelson, Loya Ruud & Romo He represents California public and private sector employers in labor relations and collective bargaining negotiations and represents school districts in general education law matters He specializes in employment discrimination, personnel labor, and special education litigation Mr Baca was the lead attorney in a precedent-setting sexual harassment case Governing Board of ABC Unified School Distnct v Haar (1994) establishing the right of a school district to terminate a tenured teacher for sexually harassing students Education Mr Baca received his Bachelor of Arts with honors in History from Whittier College and his Juns Doctor from the University of California, Los Angeles He has completed all but the dissertation to receiving his Ph D in education administration from the University of California, Los Angeles Admissions 1984, California 1987, U S District Court Central District of California and U S Court of Appeals, Ninth Circuit Memberships Los Angeles County and American Bar Associations State Bar of California Publications and Speaking Engagements Mr Baca has presented workshops and conferences for private sector employers school administrators educational agencies and school board members on such topics as complaint discrimination and classified/certificated evaluation and dismissal He is also a frequent contributor to the firm s school law publications CERRITOS • PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO www.aalrr.comrr Atkinson, Andelson, Loya, Ruud & Romo Navigating yoM . (7ourse A Professional Corporation WARREN S KINSLER Cerritos, California Partner phone(562) 653-3200 fax (562) 653-3333 email wkinsler,aalrr corn Public Sector Practice Group Experience Warren Kinsler is a partner in the Cerritos office of Atkinson Andelson, Loya, Ruud & Romo Mr Kinsler represents California school districts and community college districts and county offices of education in education law administrative law, and labor relations He handles general human resources matters administrative hearings and employment litigation He specializes in personnel matters civil rights litigation, real property transactions, public finance transactions, and government tort liability Prior to joining the firm, Mr Kinsler was general counsel for the Los Angeles Community College District Education Mr Kinsler earned his undergraduate degree in University Planning and Social Policy from the University of California Berkeley, and his Juns Doctor from Loyola Law School Admission 1982 California and U S District Court Eastern District of California 1983, U S District Court Central and Southern Districts of California and U S Court of Appeals Ninth Circuit 1990 U S Supreme Court Memberships Los Angeles County and American Bar Associations State Bar of California Publications and Speaking Engagements Mr Kinsler has lectured extensively to school administrators, board members, and educational agencies on various education law-related topics, including the Brown Act and avoiding employment discrimination He has been a guest lecturer at California State University, Northridge and the Community College League of California He is a frequent contributor to the firm s school law publications vk CERRITOS • PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO www.aalrr.corna rr i! Tati112- , your Course Atkinson, Andelson, Loya, Ruud & Romo A Professional Corporation EDWARD B REITKOPP Cerritos California Senior Associate phone (562) 653-3200 fax (562) 653-3333 email ereitkoppaalrr corn Public Sector Practice Group Experience Ed Reitkopp is a senior associate in the Cerritos office of Atkinson Andelson Loya Ruud & Romo He has more than 20 years experience in labor and employment law his chosen area of expertise He has provided counsel both for agencies in the public sector and for Fortune 500 companies in the private sector He has also served as a hearing officer for the U S Equal Employment Opportunity Commission Mr Reitkopp specializes in the representation of public agencies in lawsuits arbitrations and administrative hearings In that capacity he has successfully represented numerous clients in such matters as employment discrimination and sexual harassment litigation disciplinary hearings and litigation related to collective bargaining issues He has also successfully engaged in both traditional and collaborative collective bargaining on behalf of public agency clients and is an experienced speaker on topics related to numerous labor and employment issues Mr Reitkopp served as in-house labor counsel for the National Broadcasting Company and the Lockheed Corporation representing them in all facets of labor and employment law He also served as counsel in a precedent-setting class action employment discrimination lawsuit involving the County of Los Angeles that was decided by the U S Supreme Court As a hearing officer for the U S Equal Employment Opportunity Commission he presided at administrative hearings to resolve allegations of employment discrimination brought by U S Government employees Education Mr Reitkopp received his Bachelor of Science degree from the School of Industrial and Labor Relations at Cornell University and his Juns Doctor from the University of California Los Angeles Admission 1977 California and U S District Court Central District of California Memberships Los Angeles County Bar Association State Bar of California Publications and Speaking Engagements Mr Reitkopp is a contributor to the firm s publications CERRITOS • PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO www.aalrr.comPage 8 Rate Sheet RATE SHEET Our team s rates for legal services are two hundred twenty-five dollars ($225 00) per hour for partners two hundred dollars ($200 00) per hour for associates and one hundred dollars ($100 00) per hour for paralegals Telephone calls are billed to the client at the actual cost of the call and the attorneys time in quarter hour increments We bill commuting to appointments related to City matters at the regular hourly rate, portal to portal and actual mileage incurred In order to assist in tracking mandated costs and other costs on particular cases or issues our firm has created a "point number" billing system For example, all construction-related matters including claims related to a specific project are billed under a particular point number Additionally, where it appears that a particular matter will require detailed and lengthy work over a period of time, a separate point number is generally created so that costs on that particular issue are segregated and easily trackable by our office and the City Additional expenses associated with our proposal for legal services are as follows Expense Photocopying Document production & word processing Long distance telephone calls Facsimile Messenger services Mileage Overnight mail Computerized legal research Cost $ 20 per page $40 00 per hour At cost $2 00 per page incoming & outgoing $25 00 per hour + $ 375 per mile $ 375 per mile At cost $54 00 per search (standard vendor charge) lko CERRITOS • PLEASANTON • RIVERSIDE • SACRAMENTO • SAN DIEGO Iv y% ‘v.aalrr.cornr's I 4,1 MARTIN L CARPENTER STEVEN J ROTHANS LOUIS R DUMONT DAVID G TORRES SIEGRIST JILL W BABINGTON RONDA L CHOW JUSTIN READE SARNO G Ross TRINDLE III JONATHAN D REDFORD LAW OFFICES OF CARPENTER, ROTHANS & DUM06\10121 M il 25 888 S FIGUEROA STREET SUITE 1960 1r6pJ Los ANGELES, CALIFORNIA 90017 ----1 - f TELEPHONE (213)228 0400 1 C), CUL : ,3, e l 177 Lit T FACSIMILE (213) 228 0401 June 20 2006 MARI, D RUTTER OF COUNSEL Ms Carol A Schwab City Attorney CITY OF CULVER CITY 9770 Culver Boulevard Culver City, CA 90232-0507 RE PROPOSED FEE INCREASE Dear Ms Schwab Following our recent telephone conversation, please be advised that we have determined that our last fee increase for legal services to the CITY OF CULVER CITY was more than eight years ago Our fees have been $130 00 per hour for Partners and Associates for general civil tort litigation, and $150 00 per hour for Partners and Associates for employment litigation matters We have recently discussed our rates with several other defense firms, as well as various other clients including school districts, community colleges, municipalities and public entities, and determined that our fees are considerably lower than the cmient market rates for firms that specialize in the defense of public entities Additionally, as with many of our clients, our law firm's costs associated with employee health insurance Worker's Compensation insurance and liability and malpractice insurance, have literally sky rocketed over the past few years Thus we would respectfully propose a fee increase subject to your approval as follows GENERAL CIVIL LIABILITY Partners & Associates $170 00 per hour LABOR & EMPLOYMENT MATTERS Partners & Associates $185 00 per hour Our proposal applies to all tort liability as well as employment matteis I would respectfully request that you please give due consideration to our proposal for a fee increase Carol, our attorneys have enjoyed a 12 year history with the folks at the CITY OF CULVER CITY We certainly look forward to working with you in the defense of the CITY and its police officers for many years to come riMs Cal ol A Schwab CITY OF CULVER CITY June 20, 2006 Page 2 Thank you for your consideration Very truly yours, SJR al kctCarpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Firm Biography Nature of Practice The Law Offices of Carpenter, Rothans & Dumont primarily specializes in the defense of public entities, private businesses and individuals Taking its roots in insurance defense litigation, the firm has grown and expanded into a wide and diverse practice of law m many areas of law for both public and private clients Members of the firm possess significant expertise m tort liability related to public entities and private enterprise, mcludmg the defense of federal and state court civil rights litigation, dangerous conditions of property, sexual harassment, defamation, wrongful termination and discnmmation, among others The firm's combined experience m the complexities of civil litigation has generated business and promoted the firm's growth and diverse clientele Scope and Depth of Representation Present clients include numerous municipalities, public school districts, community college districts, public transportation agencies, municipal water districts, county sheriff's departments, self-insured risk management claims administrators, as well as private educational institutions, insurance carriers, police officers, police and fire chiefs, grocery store chains, western states grocery warehouse, interstate trucking company, international product distributors, individuals, businesses and corporations To pursue our clients' interests, the firm's various members are licensed to argue cases in the highest jurisdictions, including the United States Circuit Courts of Appeal and the United States Supreme Court 888 South Ftgucloa Strea Suite 1960 Ant.des C A 9001- 213 228 0400 213 228 0401 (fax) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o oo B R T o u ab r tt rin e er, s_ sM oinear ng Jill D rills t, David l o Kin, Ronda L o Sarno, Justin Reade o Trindle III, G Ross • Public Entity Trials • Recent Significant Outcomes • Map http //www crdlaw coin/firm html 1/28/2005Carpenter Rothans & Dumont Page 2 of 2 Public Involvement The members of the firm have brought to the profession diverse backgrounds m other areas of business and public life Various individuals have served m a number of official capacities with numerous law related and chantable organizations The firm members are personally involved and committed to the support of both the legal profession and the community at large 213-228-0400 I webm aster 15) http //www crdlaw corn/firm html 1/28/2005Carpenter, Rothans & Dumont Page 1 of 4 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Public Entity Trials • Sherri Servillo v County of Los Angeles, Leroy D Baca, et al , Case Number BC 283883, Chatsworth, by Mark D Rutter (March 2004), violation of civil rights, assault, battery, intentional inflection of emotional distress and harassment claims against sheriff academy instructor during training of cadets, Jury Verdict — Defense • Jeanette Martinez v Oxnard School District, Case Number CIV207809, Ventura, by Martin L Carpenter (August 2003), Dangerous Condition of School Property, student injured during P E class requirmg two surgeries on ankle and need for a fusion m the future, Jury Verdict — Defense • Sharmalee Gnanakone v City of Hawthorne, Case Number YC042858, Torrance, by Mark D Rutter (August 2003), Police Car Code 3 intersection accident, Jury Verdict—Defense • Mary Corson v Palmdale School District, Case Number BC 226806, Van Nuys, by Martin L Carpenter (August 2002), Wrongful Death-Negligent Supervision, Jury Verdict - Defense • Frank Buckley Geddes v County of Los Angeles, Case Number TC013032, Compton, by Mark D Rutter (August 2001), Dangerous Condition of Public Property, Jury Verdict—Defense • Al Allan v Inglewood Unified School District, Case Number BC 223635, Torrance, by Louis R Dumont and Martin L Carpenter (May 2001), School Police Excessive Force §1983, Jury Verdict — Defense 888 South Figuei oa StTet,t Suite 1960 6knat,1es C 9001'- 213 228 0400 213 228-0401 (fa‘) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter Mark D o Torres-Siegnst, David G o Babmgton fill W o King, Ronda L o Sarno, Justin Reade o Trmdle III, G Ross • Public Entity Trials • Recent Significant Outcomes • Map • Daniel Oyeniran v City of Hawthorne, Case Number YCO34874, Torrance, by Mark D Rutter (June 2000), http //www crdlaw com/public html 1/28/2005Carpenter, Rothans & Dumont Page 2 of 4 Wrongful seizure/conversion, Jury Verdict—Defense • John Gunther v City of Huntington Beach, OCSC Case Number 796147 Santa Ana, by Mark D Rutter (December 1999), Dangerous Condition of Public Property, Jury Verdict—Defense • Michelle Gilley, et al v City of Arcadia, et al., Case Number GC 021173, Pasadena, by Martin L Carpenter (June 1999), Police Excessive Force and Deprivation of Civil Rights per §1983, Jury Verdict — Defense • Michelle Rodriguez v City of Arcadia, et a , Case Number GC 017836, Pasadena, by Steven J Rothans (December 1998), Sexual Harassment of a Fire Department employee, Jury Verdict — Defense • William Hemmett v City of Huntington Beach, OCSC Case Number 787940 Santa Ana, by Mark D Rutter (December 1998), Dangerous Condition of Public Property, Jury Verdict—Defense • Kelly Ress v Las Virgenes Unified School District, Case Number LC 026948, Van Nuys, by Martin L Carpenter (February 1997), Dangerous Condition of Public Property and Negligent Supervision, Jury Verdict — Defense • Reith Schoap v City of Huntington Beach, OCSC Case Number 742007 Santa Ana, by Mark D Rutter (December 1996), Dangerous Condition of Public Property, Jury Verdict—Defense • Joshua Foster, et al v Lancaster School District, et aL, Lancaster, by Louis R Dumont (September 1996), Multiple Party Construction Loss and Breach of Contract, Court Tnal — Defense • Noreen Caswell and Myrtle Morris v El Camino Community College District and College District Police Department, Case Numbers YC 023184 and YC 025365, Torrance, by Martin L Carpenter (September 1996), Negligent Operation of a Police Vehicle, Jury Verdict — Plaintiffs, but damages less than arbitration awards with finding of comparative negligence on driver Caswell • James M Kawaguchi v CIO of Arcadia, et a!, Case Number CV 95-3382 EVII(RWBx), USDC, Central 1/11 District of California, by Martin L Carpenter (May http //www crdlaw corn/public html 1/28/2005Carpenter, Rothans & Dumont Page 3 of 4 1996), Police Excessive Force and Deprivation of Civil Rights per §1983, Jury Verdict — Defense • Michael Copper v Las Virgenes Unified School District, Van Nuys, by Louis R Dumont (August 1995), Negligent Supervision, Assault and Battery between student and third party on campus, at the conclusion of plaintiff s case-in-chief defendant's Motion for Non-Suit was granted • Aaron Orange v City of Gardena, et a!, Case Number YC 016700, Torrance, by Martin L Carpenter (May 1995), Dangerous Condition of Public Property, Jury Verdict- Defense for City, but hang jury on negligence of City employee — case settled for less than incurred medical specials • Walter Grantham v City of Huntington Beach, OCSC Case Number 623276 Santa Ana, by Mark D Rutter (June 1994), Police Excessive Force and Unlawful Detention, Jury Verdict—Defense • Kathleen Hancock v City of Huntington Beach, OCSC Case Number 701877 Santa Ana, by Mark D Rutter (May 1994), Police Car Rear-End Accident, Jury Verdict—Defense • Bradley Matthew v City of Arcadia, et al., Case Number C 736486, Los Angeles Central Civil West, by Martin L Carpenter and Steven J Rothans (February 1994), Dangerous Condition of Public Property, Plaintiff rendered a quadriplegic, Jury Verdict — Defense • Garrett Yazell, et al v City of Arcadia, Case Number NEC 64707, Alhambra, by Steven J Rothans (September 1993), Dangerous Condition of Public Property, Wrongful Death and Brain Damage Case, Jury Verdict — Defense • Diamatha Walter, et al v City of Huntington Beach, OCSC Case Number 686342 Santa Ana, by Mark D Rutter (August 1993), Dangerous Condition of Public Property/Road Design/Wrongful Death, Court Trial— Defense • Richard Champion v City of Manhattan Beach, et a!, Case Number SWC 92734 Torrance, by Martin L Carpenter (September 1992), Police Excessive Force, Assault and Battery, Jury Verdict — Defense http //wwvv crdlaw corn/public html 1/20411;Carpenter, Rothans & Dumont Page 4 of 4 • Henry Ten v Teledyne (City of Hawthorne), el al, Case Number SWC 77444 Torrance, by Mark D Rutter (Apnl 1991), False Arrest/Conspiracy, Jury Trial— Defense • Clifton Collins v City of Hawthorne, Case Number SWC 76325 Torrance, by Mark D Rutter (December 1989) Pohce Excessive Force/False Arrest, Jury Verdict—Defense • Carol Young, et al v City of Torrance, Case Number SOC 60365 Long Beach, by Mark D Rutter (February 1986), Rear-end City bus accident, Jury Verdict— Plaintiffs, but for nearly half as much damages as arbitration award before City referral • Romehas Barias, et al v Ruston (City of Carson), et al, Case Number SCC 4346 Compton, by Mark D Rutter (June 1984), Dangerous Condition of Public Property/Road Design/Wrongful Death, Jury Trial— Defense 213-228-0400 I webmaster http //www crdlaw corn/public html 1/28/2005Carpenter, Rothans & Dumont Page 1 of 4 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Recent Significant Outcomes • Alison Newton v Conejo Valley Unified School District, Case Number SC 076703, Santa Momca, by Martin L Carpenter and Ronda L King March 2004), while on a school overnight field trip the 11 year old plaintiff fell down a rocky slope head first The slope was a part of the designated hiking trail selected to be a challenge to the students Plaintiff sustam.ed a concussion and developed traumatic seizure disorder Summary judgment was granted based upon the field trip immunity, Education Code §35330 • Marielena Jenneman v city of Pomona, Case Number BC 300242, Chatsworth, by Steven J Rothans and David G Torres-Siegnst (March 2004), thirteen causes of action m complaint, mainly alleging 42 USC §1983 violations by police m intentionally misrepresentmg facts and making false reports that lead to arrest and filing of criminal charges against plaintiff Demurrers to Second Amended Verified Complamt were sustained as to all causes of action without leave to amend S3b South f• q„tici ol Street Suite 1960 6inat,lcs C X 9001- 2E7 228 0400 213 228 0401 (fax) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter Mark D o Torres-Siegnst, David G o Babmgton Jill W o King Ronda L o Sarno, Justin Reade o Tnndle III, G Ross • Public Entity Trials • Recent Significant Outcomes • Map • Dan Winter v City of Pomona, Case Number RCV 076660, San Bernardino, by Steven J Rothans and David G Torres-Siegnst (February 2004), Pomona police pursuit into Ontario where suspect collided with another motorist Demurrer to ongmal complaint was sustained without leave to amend and case was dismissed, with no appeal • Christopher Flores v County of Los Angeles, City of Monrovia, et a!, Case No GCO31888, Pasadena (December, 2003) by Steven J Rothans and Jill W Babington — A false arrest and 42 U S C civil nghts action was brought by a man who claimed to have been arrested by Monrovia police officers pursuant to an invalid arrest warrant Defendants' demurrers were 2s http //www crdlaw com/recent html 1/28/2005Carpenter, Rothans & Dumont Page 2 of 4 sustained without leave to amend • Sonya Mitch urn, et al v Santa Barbara School Districts, Case Number 01066421, Santa Barbara, by Martm L Carpenter (2003), Taxpayer lawsuit brought under the Unruh Act (Civil Code §§51 & 52) for violation of disabled students rights and failure to comply with the federal Americans with Disability Act (ADA) Lawsuit involved 22 campuses and the district administration offices Using pre-approved bond money Districts agreed to expend $8 2 million modernize and become ADA compliant by December 2006 • Akzan Aleong v City of Rancho Santa Margarita, et aL, Case No 03CC11554, Orange County (October, 2003) by Steven J Rothans and Jill W Babmgton — A multi-million-dollar wrongful death lawsuit was brought against the City of Rancho Santa Margarita by the survivors of nineteen-year-old boy who was killed m a motorcycle accident, alleging that the cause of the accident was a dangerous condition of public property on Dove Canyon Drive After receiving the City's demurrer to the plaintiff's complaint, the plaintiff voluntarily dismissed the case • Gregorio Cruz v County of Los Angeles, Case Number CV 01-09122, District Court and 9th Circuit Court of Appeals, by Steven J Rothans (May 2003), Lawsuit against the Los Angeles County Sheriff's Department for violation of 42 USC §1983 Issues were correct identity on a warrant and excessive bail Defendant's motion to dismiss was granted and affirmed on appeal by the 9th Circuit • Eduarda Tapia v City of El Monte, Case Number KCO39919, Pomona, by Steven J Rothans and David G Tones Siegnst (2003), Shp and Fall, Personal Injury — Dangerous Condition of Public Property, Motion for Summary Judgment granted • Veronica Wilson, et al v City of Hawthorne, Case Number 99 C 01832 Inglewood, by Mark D Rutter (February 2003), False Arrest/Knock- Notice/Excessive Police Force case, summary judgment affirmed on appeal [2nd Civ #B159307] • Natahe Townsend v Palmdale School District, Case Number CV 02-9252, U S District Court, by Martin L Carpenter (January 2003), Plaintiff was denied special education instruction under IDEA Settlement whereby eLLQ http //www crdlaw com/recent html 1/28/2005Carpenter, Rothans & Dumont Page 3 of 4 the disabled student received additional hours of speech therapy and a Functional Analysis Assessment to better meet the needs of student No money damages involved • Robert Locatell v CIO of Monrovia, et al., Case No BC273504, Pasadena (January, 2003) by Steven J Rothans and Jill W Babmgton — An anti-abortion activist brought suit against the City of Monrovia, allegmg that his First Amendment rights had been violated when he was given a citation for distnbutmg anti-abortion literature outside a high school The City's demurrer was sustained without leave to amend • Frank Selig v City of Hawthorne, Case Number YC 038 165 Torrance, by Mark D Rutter (January 2003), False Arrest claim by man held in jail for 40 days based upon false accusation of child, summary judgment upheld on appeal [2nd Civ #B154625] • Dora Montes-Duenas v City of El Monte, et a!, Case Number KCO39900, Pomona, by Steven J Rothans and David G Torres-Siegnst (2003), Shp and Fall/Personal Injury—Dangerous Condition of Public Property, Voluntary dismissal with prejudice • Gerald Pool v Palmdale School District, et al., Case Number MC 011034 Palmdale, by Martin L Carpenter (November 2002), Middle school student slipped and fell on wet walkway and sustamed a fractured hip Surgeon severed sciatic nerve resulting in permanent drop foot Plaintiff did not sue surgeon or hospital for medical malpractice, but School District did Estimated two million dollar case settled for total of $580,000, with contributions by defendants and cross-defendants • Grace Chan, et al. v City of Arcadia, et al., Case Number GC 024498, Pasadena, by Steven J Rothans (2001), Multiple Wrongful Death and Personal Injury — Police Negligence, Demurrers sustained without leave to amend and action was dismissed with prejudice • Eden Dankowski v City of West Covina, BC 209477 Pomona, by Steven J Rothans, (November 2000) Infringement of First Amendment rights and false imprisonment News reporter arrived at cnme scene and was physically removed and detamed Motion for Summary Judgment was granted in favor of defendant • Eugenia Cazares v City of Pomona, et a!, USD C http //www crdlaw corn/recent html 1/28/2005Carpenter, Rothans & Dumont Page 4 of 4 Central District of California, by Steven J Rothans for Chief Fred Sanchez (October 2000), Deprivation of Civil Rights per §1983, Federal court ruled jailhouse strip search policy for non-violent offender unconstitutional, but chief of police was entitled to qualified immunity 213-228-0400 I webm aster ea http //www crdlaw com/recent html 1/28/2005Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Martin L. Carpenter Martin L Carpenter is a native of Los Angeles County After being honorably discharged from the United States Navy in 1969, Mr Carpenter attended the Uruversity of Cahfornia at Los Angeles, where he received his Bachelor of Arts degree m 1973 He then pursued his legal education at Southwestern University As a staff writer on the Southwestern Law Review, Mr Carpenter co-authored an article on insurance bad faith in 1975, which has been cited by the California and South Dakota Supreme Courts for the proposition that in each contract there exists an implied covenant of good faith and fair dealing At Southwestern Mr Carpenter earned a position as an Associate Editor of the Law Review He graduated in 1976 with his Juns Doctor, and was admitted to the practice of law in the State of California and the U S District Court for the Central District of Califorrua in December of the same year S58 South Figueioa Street Suite 1960 Los 1nae1es C1 9001'- 213 228 0400 213 228 0401 (fa‘) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dw.nont, Louis R o Rutter, Mark D o Torres-Siegnst, David G o Babmgton, Jill W o King, Ronda L o Sarno, Justin Reade o Trindle III, G Ross • Public Entity Trials • RecentSignificant Outcomes • Map http //www crdlaw corn/many html Additionally, Mr Carpenter is admitted to practice before the U S District Courts for the Eastern, Northern, and Southern Districts of California, the United States Court of Appeals, Ninth Circuit, and the United States Supreme Court He is an arbitrator with the American Arbitration Association and Los Angeles Superior Court He also sits as a Temporary JudgeCarpenter, Rothans & Dumont Page 2 of 2 for the Superior Court m limited jurisdiction cases He has received recognition from the Los Angeles Superior Court for his volunteer service as a mediator through the ADR Program Mr Carpenter has devoted his professional life to developmg and applying the skills of a civil trial attorney He represents private individuals, corporations, businesses and public entities in the areas of personal injury, products liability, contracts, civil rights violations, discrimination, wrongful termination, defamation, and police excessive force His published decision in Rodriguez v Inglewood Unified School District (1986) 186 Cal App 3d 707 is an often cited authority m educational law Professional associations are American Bar Association, Los Angeles County Bar Association, Association of Southern California Defense Counsel and Southwestern Alumni Association He is also a member of the UCLA Alumni Association and the Bruin Bench Marty married his wife, Catherine in July of 1973, after their graduation from UCLA and just before they both entered law school Catherine is a Professor of Criminal Law at Southwestern She is very active with the ABA Legal Education Division and serves as an educational consultant to colleges and universities across the nation They have three children, David, Scott, and Erica, and reside m the San Fernando Valley e-mail mcarpenter@crdlaw corn 213-228 0400 I webm aster 3 http //www crdlaw com/marty html 1/28/2005Hard work and aggressive lawyenng by Mr Rothans has resulted in favorable verdicts in more than 35 jury tnals in 31 1/28/2005 Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT 588 South rigueloa Street Swte 1960 Steven J Rothans Los AnLt,lcs C\ 90017 213 228 0400 21" 228 0401 (fax) • Main • Firm Bio o Carpenter, Martin L o Rothans Steven J o Dumont, Louis R o Rutter, Mark D o Torres-Siegnst, David G o Babmgton, Jill W o King Ronda L o Sarno, Justin Reade o Trmdle III, G Ross • Public Entity Trials • Recent Significant Outcomes • Map Steven J Rothans graduated from Loyola Marymount University m 1979 His academic honors included membership in Pi Gamma Mu National Social Science Honor Society and continuous listing on the Dean's List during his four years at Loyola He received his legal training from Loyola Law School, earning his Juns Doctor in 1982 Mr Rothans is a member of the Association of Southern California Defense Counsel, the South Bay Bar Association and the Los Angeles County Bar Association Steve also frequently serves as a Judge Pro Tem in the Los Angeles Superior Court m West Los Angeles, San Pedro, downtown Los Angeles and the South Bay He also serves as an arbitrator and mediator with the Los Angeles County Alternative Dispute Resolution Service As a member of the Executive Board of the Los Angeles Area Council, Boys Scouts of America, he currently serves as the Council's Campmg Chairman Steve is proud of the fact that he was one of the youngest recipients of the Boy Scout's Silver Beaver Award, the highest honor given to volunteer Scouters on the Council level http //www crdlaw com/steve htmlCarpenter, Rothans & Dumont Page 2 of 2 Southern California He stands out as having the most defense verdicts by a contract attorney on behalf of the City of Arcadia in civil cases involving wrongful death, a brain damaged plaintiff, a quadriplegic plamtiff, police excessive force and a sexual harassment action Steven is married and resides m the South Bay area with his wife, Sheryl and daughters, Christina, Catherine, and Caroline e-mail srothans@crdlaw corn 213-228 04001webmaster http //www crdlaw com/steve html 1/28/2005Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Louis R. Dumont Louis R Dumont wa: a human resources managemen major at the Umversity of San Francisco, graduating in 1983 His academic and extra- curricular contributions earned him a nomination to the Alpha Sigma Nu Honors Society at USF Mr Dumont moved to Los Angeles to study law at Pepperdme Law School, earning his law degree m 1986 888 South Figucioa Street Suite 1960 Los Anat,ks C A 9001- 213 228 0100 213 228-0401 (fa‘) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter, Mark D o Torres-Siegnst, David G o Babington, Jill W o King, Ronda L o Sarno, Justin Reade o Trmdle III, G Ross • Public Entity Trials • Recent Significant Outcomes • Map Over the years, Mr Dumont has gamed valuable experience in defendmg liability claims on behalf of both governmental entities and insurance carriers He has also been involved m handling environmental litigation concerning asbestos and toxic chemicals, as well as matters mvolving business, real estate and family law Mr Dumont is currently licensed with the State Bar of California and the United States District Court He is a membei of the Los Angeles County Bar Association, Beverly Hills Bar Association, and the Association of Southern California Defense Counsel He is active as a recruiter and fundraiser for USF and is active working with juvenile delinquents through the L A County Bar Association The Court of Appeal, Second District, decision of Arris v Las Virgenes Unified School District (1998) 64 Cal App 4th 1112, 75 Cal Rptr 2d 801 was briefed and successfully argued by Mr http //www crdlaw com/lou html 1/28/215Carpenter, Rothans & Dumont Page 2 of 2 Dumont It is a leading and often cited case on the issues of primary and secondary assumption of risk m the state of California Additionally, Mr Dumont's appellate skills were demonstrated m the amicus brief to the California Supreme Court m Day v City of Fontana (2001) 25 Cal 4th 268, 105 Cal Rptr 2d 457, where the court held that Proposition 213 (Civil Code, Section 3333 4) applies in premises liability lawsuits against public entities and precludes the recovery of noneconomic damages by uninsured drivers Lou is married and resides in the South Bay area with his wife, Elizabeth, and their daughter and son e-mail ldumont@crdlaw corn 213 228 0400 I 14 ebmaster|1010|h //www crdlaw com/lou html 'I\ 1/28/2005Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Mark D. Rutter Mark D Rutter is a life long resident of the County of Los Angeles He graduated from the University of California at Los Angeles obtaining a Bachelor of Arts degree m 1970 In 1973, he earned a Juns Doctor degree from Loyola University of Los Angeles He is admitted to practice before all California state courts, the United States District Courts for the Central and Southern Distncts of Califonua, the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court He is a member of the Association of Southern California Defense Counsel, the Defense Research Institute and the Los Angeles County, South Bay and Long Beach Bar Associations Mr Rutter has defended public entities m trial and appellate litigation since 1973 He has tried over three dozen cases to verdict and been elected to membership in the American Board of Trial Advocates His public entity trials include cases claiming false arrest, excessive force, civil rights violations, wrongful seizure, dangerous condition of public property (including roadway design/sight distance and obstruction cases) wrongful death and vehicular negligence Other general tort trials include actions involving premises liability (including trip and fall, slip and fall, failure to protect from criminal assault by third party), auto accidents, S38 South Figueioa Street Suite 1960 Los kriades C 900 213 228 0400 211 228 0401 (fa‘) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter, Mark D o Torres-Siegnst, David G o Babmgton, Jill W o King Ronda L o Sarno, Justin Reade o Trmdle III, G Ross • Public Entity Trials • Recent Sigrnficant Outcomes • Map http //www crdlaw corn/mark html 1/2841BCarpenter, Rothans & Dumont Page 2 of 2 defamation, products liability, general negligence, bailment, insurance/contractor fraud and fraud in mducement of employment He has achieved the highest "AV rating by the Martindale-Hubbell Law Directory In addition to his trial experience, he has handled over 60 appellate cases, including 20 involving public entities, and has argued cases before the Umted States Court of Appeals for the Ninth Circuit, California Supreme Court and California Courts of Appeal (Second and Fourth Distncts) Mark mamed his wife Tanya in 1974 and they reside with their son Matt, age 18, m the South Bay mrutter@crdlaw corn 213-228 0400 I webm aster #511° http //www crdlaw com/mark htrnl 1/28/2005Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT S48 South liguLiol Stre—t Suite 1960 Los An,1c C 90017 213 228 0400 213 224 0401 (fa\) David G. Torres-Siegrist • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter, Mark D o Torres-Siemst, David G o Babington fill W o King, Ronda L o Sarno, Justin Reade o Tnndle III, G Ross • Public Entity Trials • Recent Significant Outcomes • Map Born and raised in El Monte, California, David earned the rank of Eagle Scout in 1994 and was named Eagle Scout of the Year for the Lucky Baldwin District David attended the University of Southern California and completed his undergraduate studies m 1998, graduating Magnum Cum Laude, earning a Bachelor's of Music Degree in the Music Industry After graduating from USC, David spent a year teaching kindergarten in El Monte at Voorhis Elementary School within the Mountain View School District In 1999, David continued his education at Southwestern University School of Law earning his Juns Doctor in an intense Two-Year ABA approved SCALE Program The SCALE program gave David a host of opportunities including the chance to extern at Virgin Records America with Vice President of Legal and Business affairs, Scott Bauman At Virgin, David worked directly on contractual and litigation issues involving artists such as Janet Jackson, The Rolling Stones, Manah Carey, and Lenny Kravitz David also played a key role in researching legal issues relatmg to an FTC investigation of Virgin Records and other EMI Subsidiaries As an attorney, David has worked on a wide range of cases, including wrongful death, molestation, personal injury, social security appeals, contractual disputes and worker compensation claims http //www crdlaw com/david htmlCarpenter, Rothans & Dumont Page 2 of 2 David resides in Arcadia with his wife, Mayra, and son, David David remains active in city politics, Boy Scouts, church music, education and other community activities e-mail dsiegrist@cidlaw coin 213-228 04001webmaster 'C() http //www crdlaw com/david html 1/28/2005Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Jill W. Babington An avid outdoorsmai and nature enthusiast, Jill W Babmgton was raised n Utah, and attended the University of Utah, where she earned her Bachelor's Degree in Communication in 1998 Before earning her law degree from Southwestern University School of Law in 2002, she took the opportunity to explore many parts of the world, which included traveling extensively through Europe, working a summer in Denali National Park, Alaska, climbing Mt Kilimanjaro m Kenya, and sailing a 38-foot sloop from Hawaii to Los Angeles During her tenure at Southwestern University School of Law, Jill completed Southwestern's SCALE program, the country's only accredited two-year Juns Doctor Program During those demanding two years, Jill was not only selected to be a wnter for Southwestern's nationally-renowned Moot Court Honor's Program, but was also selected to be a staff member on the Southwestern Journal of Law and Trade Jill is currently licensed with the State Bar of California and th( United States District Court Prior to commencing her career at Carpenter, Rothans & Dumont, she served as a law clerk at the Federal Public Defender's office in Los Angeles, where she assisted in cases dealing with bank robbery, child pornography manufacture and sale of illegal substances, and first degree murder 8S/s South FiguLioa Stre,t Suite 1960 Los C 9001- 212 228 0100 21' 228 0401 ( fax) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter, Mark D o Torres-Siegnst, David G o Babmgton, Jill W o King Ronda L o Sarno, Justin Reade o Trindle III, G Ross • Public Entity Trials • Recent Sigmficant Outcomes • Map http //www crdlaw com/jill html 1/281,51Carpenter, Rothans & Dumont Page 2 of 2 Jill is married and currently lives in Redondo Beach with her husband, Bill e-mail jbabington@crdlaw corn 213 228 0400 I webm aster Lk° http //www crdlaw corn/Jill html 1/28/2005Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT 8S8 South rwiLioa Street Suite 1960 Los Ariar,les C 900F 213 228-0100 21'3 228-0401 (fax) Ronda L. King • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter, Mark D o Torres-Siegrist, David G o Babington, Jill W o King Ronda L o Sarno, Justin Reade o Trmdle III, G Ross • Public Entity Trials • Recent Sigmficant Outcomes • Map Born and raised in Monrovia, California, Ronda attended Scnpps College m Claremont California and completed h undergradua studies in 1999, earning a Bachelors of Arts Degree in Biology, emphasizing exobiology After graduating, Ronda spent a year substitute teaching, in El Monte Union High School District Ronda was an assistant track coach for El Monte High School the spring of 2000 Ronda also was a summer school teacher fo El Monte High School during the summers of 1999, 2000, and 2001, teaching special education and introductory science http //www crdlaw com/ronda html In 2000 Ronda continued her education at the Umversity of Sa Diego School of Law, finishing m the top half of her class, earrnng her Juns Doctor in 2003 During the summer of 2001, Ronda attended the University of San Diego's Institute on International and Comparative Law in Barcelona, Spam, studying international environmental law and international contract law While at USD, Ronda spent two years on the Boa of the Umversity of San Diego's Pro Bono Legal Advocates (PBLA), serving as the Special Education Coordinator As the Special Education Coordinator, Ronda was responsible for the PBLA Special Education Project, by which USD volunteers would work with the San Diego County Office of the Public Defender — Dependency Division in reviewing the education fil of dependent children and advocating for their needs at IEP meetings Additionally, Ronda spent a semester working at theCarpenter Rothans & Dumont Page 2 of 2 San Diego County Office of the Public Defender as a certified] arraignments and assisted in legal research and drafting motion Advocacy Program — Special Education division Ronda playec representing clients at IEP meetmgs and researching legal issue the 2002 —2003 Ronda was an ex-officio member of the Depen Committee San Diego Juvemle Court Members, Training Subc developing curriculum to educate judges, attorneys, and court a issues facing children in the foster care system Ronda also wa, Advocacy Institute and University of San Diego's Special Educ Outstanding Special Education Clinic Intern award for her part] Ronda resides m Monterey Park with her husband, Winfred Rc issues e-mail rking@crdlaw corn 213 228-0400 j webm aster Ik #L http //www crdlaw com/ronda html 1/28/2005Carpenter Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT Justin Reade Sarno Born in Los Angeles, California, Justin grew up with an affimty for writing and the creative arts In 2000, after graduating Magna Cum Laude from the Umversity of California, Los Angeles, with a bachelor' 's degree in English, Justin wrote his first novel, entitled The Laureate, a work of historical fiction set in early 19th century England In the fall of 2000, Justm continued his education at Southwestern University School of Law, earning his Juns Doctorate degree in the summer of 2003 As a member of the Moot Court Honors Program, Justin made his way to the final round of the Southwestern Intramural Moot Court Competition m 2001 where he argued before distinguished state Supreme Court Justices from the states of Hawaii, New Mexico Washmgton, and Nevada In 2002, Justin competed in the 26th annual Robert F Wagner National Labor & Employment Law Moot Court Competition in New York City, where his team reached the semi-final round Previously, Justm has worked for Epic Records, a division of SONY Music, as well as Priority Records and Warner Brother Records, where he was an administrative assistant in the Video Production Department Justin currently resides in Los Feliz, California 858 South ItImLioa Strcet Suite 1960 Los Anadcs C 9001' 213 228 0400 213 228-0401 (fa \) • Main • Firm Bio o Carpenter, Martin L o Rothans, Steven J o Dumont, Louis R o Rutter, Mark D o Torres-Siegnst, David G o Babmgton, Jill W o King Ronda L o Sarno, Justin Reade o Tnndle III, G Ross • Public Entity Trials • Recent Significant Outcomes • Map i3 1/28/ 005 http //www crdlaw com/justin htmlCarpenter, Rothans & Dumont Page 2 of 2 e-mail Jsarno@crdlaw corn 213 228-0400 I webmastei l iklik http //www crdlaw corn/Justin html 1/28/2005Carpenter, Rothans & Dumont Page 1 of 2 LAW OFFICES OF CARPENTER, ROTHANS & DUMONT 838 South Fic,uu oa Street Suite 1960 G. Ross Trindle III Los Angeles C A 90017 213 228 0400 21`; 228 0401 (111) Born m • Main Honolulu, • Firm Bio Hawaf o Carpenter, Martin L and raised o Rothans, Steven J on both o Dumont Louis R U S o Rutter, Mark D coasts, o Torres-Siegrist, David G Ross o Babmgton, Jill W attended o King Ronda L the o Sarno, Justin Reade University o Trmdle III, G Ross of • Public Entity Trials California, • Recent Significant Outcomes Santa •Map Barbara Ross graduated in 1999 and earned a Bachelor's of Arts degree in Law & Society with an emphasis in Criminal Justice After spending a year working and traveling through Europe, Ross attended Santa Clara University School of Law starting m the fall of 2000 Three years later, in the spring of 2003, Ross graduated and earned his Juris Doctorate degree and a special certificate in High Technology Law for completion of a special curriculum in addition to the required law school classes In the summer of between first and second year, Ross took part in the Santa Clara University Study Abroad Program where he attended classes and worked for the law firm of Rajah & Tann m the Republic of Singapore Rajah & Tann is known throughout Southeast Asia as one of the top Intellectual Property and High Technology law firms in the region There, Ross worked on such issues as international software licensing agreements, Digital Millennium Copyright Act compliance, digital rights management, as well as assisting with China's ascension to the World Trade Organization http //vvww crdlaw com/ross html 1/281 /11/SCarpenter, Rothans & Dumont Page 2 of 2 In his second year of law school, Ross and his partner reached the Semi Final Round of the Honors Moot Court Competition placing third out of a field of thirty-two teams, on a problem dealing with First Amendment freedom of association and the Americans with Disabilities Act The following year, Ross contmued his Honors Moot Court experience by serving on the Honors Moot Court Board, where he Co-Chaired the Problem Committee, charged with researching and constructing the final problem Previously, Ross has worked in the Information Technology and hospitality industries During law school, Ross worked as a research assistant for the Broadband Institute of California focusing on the satellite broadband Internet industry, as well as for Sony Computer Entertainment America, Inc , the multi- billion dollar company responsible for the PlayStation and PlayStation2 video game systems, as a law clerk At SCEA, Ross handled all manner of software and copyright issues, Department of Commerce export compliance regulations concerning the exportation of encryption technology and software, and multiple hcensmg agreements relating to the appearance of National Basketball Association stadiums and arenas in SCEA video games From the summer of 2003 to early 2004, Ross worked for the Law Offices of Randy Renick and the Law Offices of Nora A Quinn, as a law clerk Both firms handle plaintiff's civil rights issues Ross was admitted to the California State Bar m December of 2003 and is licensed to practice m the U S District Court, Central California District Ross currently resides in Pasadena, California rtmdle@crdlaw corn 213-228-0400 I webnzaster tik p //wwvv crdlaw com/ross html 1/28/200573414_1 C1 ' ED Colantuono & Levin, PC 05JAN31 Mil 10 555 West 5th Street 31st Floor Sandra J Levin SlevingCLIAW US (213) 533 4143 -IT P TT -f 1-SIS'41 C'T t CF CUL E CI f Y Los Angeles CA 90013 Main (213) 533-4155 FAX (213) 533-4191 www CLLAW US January 28, 2005 Carol A Schwab, City Attorney City of Culver City 9770 Culver Boulevard Culver City, CA 90232 Re Letter of Intent Regarding Contract Legal Services Dear Ms Schwab This letter is in response to your request for a Letter of Intent from our firm regarding our desire to continue providing contract legal services for the City of Culver City We understand that your office plans to bring this matter before your City Council in the near future and are very pleased to be included in your presentation We believe that my familiarity with the organization, history, practices and policies of Culver City, combined with the high quality legal work we offer all of our clients, provides a unique resource and value for Culver City We have very much enjoyed the opportunity to provide contract legal services to the City of Culver City over the course of the past two years and look forward to continuing to work with you in the future In the past, we have provided advice to Culver City regarding Public Records Act requests, permit and licensing issues and related disputes, as well as representing the City as a real party in interest in a series of lawsuits filed by the County of Los Angeles and a host of cities located within the County challenging the storm water permit adopted by the Southern California Regional Water Quality Control Board As you know, we also have expertise in the full range of municipal legal services, representing four cities as general counsel and dozens of other cities throughout the state on a contract or special project basis A significant portion of our special counsel work is concentrated in municipal finance, housing, Brown Act, election law and administrative special projects We would be happy to assist you in any of these areas Our current (undiscounted) hourly rates are between $185 and $350 for attorneys, and between $100 and $150 for paralegals and legal assistants However, given our past relationship and the fact that the City is a public agency we will agree to cap our rates at $225 per hour for attorneys and $100 per hour for paralegalsJanuary 28, 2005 Page 2 Although I know that you and the City Council are familiar with my background, and likely with that of my partner Michael Colantuono as well, we are very proud of the high caliber attorneys we have working with us and would like to introduce you to them as well Accordingly, I have enclosed copies of our firm resume for your consideration and use As you know, we also produce a quarterly newsletter and maintain a website with additional information and resources for city attorneys at www cllaw us where you can find further information about our practice, our attorneys and some of our recent activities Please do not hesitate to contact me if I, or any member of my team, can be of further assistance or if we can provide any additional information that would assist you or the City Council in considering this matter Sincerely, )1,4-7tzu4, p 4&w/& Sandra J Levin SJL agm Enclosures lA 414_1 /Colantuono & Levin, PC Firm Profile (213) 533-4155 (530) 432-7359 info@cllaw us Colantuono & Levin, PC is a municipal law firm with offices in Los Angeles and the Sierra Foothills that represents public and private clients throughout California in municipal law, including the law governing public revenues, land use, redevelopment, housing, the California Environmental Quality Act, federally funded job training and economic assistance programs and associated litigation We are committed to providing advice that is helpful, understandable, and fairly priced Our attorneys have practiced in California for many years The firm includes one of California's leading experts on the law of local government revenues, such as Propositions 13, 62, and 218 Our litigators have broad experience in public-sector litigation and such private-sector topics as general commercial litigation, employment law, and unfair competition In the public sector, the firm serves as general counsel or city attorney to the cities of Barstow, Calabasas, La Habra Heights, and Sierra Madre, the Barstow Redevelopment Agency, the Sierra Madre Community Redevelopment Agency, the Orangeline Development Authority and the SELACO Workforce Investment Board The firm's lawyers serve as special counsel to local governments throughout California, including the cities of Alameda, Belmont, Benicia, Calexico, Cerritos, Fresno, Glendora, Huntington Beach, Lathrop, Long Beach, Mammoth Lakes, Moreno Valley, Morgan Hill, Newark, Pacifica, Palo Alto, Rialto, Richmond, San Mateo, Solana Beach, South Lake Tahoe, Torrance and Vacaville LictMichael G Colantuono (530) 432 7359 mcolantuonocllaw us Michael has specialized in municipal law since 1989 He currently serves as City Attorney for the Cities of Calabasas and Sierra Madre, as Agency Counsel for the Sierra Madre Community Redevelopment Agency He was elected by his peers to serve as President of the City Attorneys Department of the League of California Cities in 2003-04 Michael has substantial expertise concerning Propositions 13, 62 and 218 and assisted the Legislative Analyst's Office in the impartial analysis of the latter measure As a leading expert on Proposition 218, Michael co-chairs the League of California Cities' Proposition 218 Legal Issues Coordinating Committee He also has expertise in a broad range of areas of concern to local governments in California, including constitutional law, land use, open meetings, elections, municipal litigation, conflicts of interest and public finance Prior to founding Colantuono & Levin, Michael practiced at Richards, Watson & Gershon for twelve years Michael graduated magna cum laude from Harvard University (BA, 1983) and received his law degree from University of California, Boalt Hall School of Law (JD, 1988) In law school, he was an Articles Editor of the California Law Review, and became a member of the Order of the Coif upon graduation He received the Thelen Marrm Award, given annually to Boalt's top ranked graduate Michael was law clerk to the Honorable James R Brownmg, Judge of the United States Court of Appeals for the Ninth Circuit in 1988-89 Michael was appointed by the Rules Committee of the California State Assembly to the Commission on Local Governance in the 21st Century The Commission was formed in 1997 to study the Cortese- 50Knox-Hertzberg Local Government Reorganization Act and the bulk of its recommendations became law in 2000 Michael served as City Attorney of Cudahy from 1994 1999, as General Counsel of the Big Bear City Community Services District from 1994-2001, as City Attorney and Redevelopment Agency Counsel of Monrovia from 1999 2002, as City Attorney and Redevelopment Agency Council for the City of Barstow from 1997- 2004 and as City Attorney of La Habra Heights from 1995-2004 51Sandra J Levin (213) 533-4143 slevin(d cllaw us Sandi is the City Attorney of La Habra Heights, the Assistant City Attorney in Calabasas and was the Interim City Attorney of Bradbury in 2004 Sandi offers not only extensive expertise accumulated over her years of practice, but also the benefit of participating in municipal law from a variety of perspectives As a city attorney, Sandi regularly advises councils and commissions on the Brown Act, conflict of interest and meeting management issues, as well as a variety of questions on the full range of municipal operations, including land use and development, public finance, contracts, election law and tort liability In addition to this advisory work as a city attorney, Sandi is an experienced litigator with a diverse practice in complex litigation Her specialties include local government and regulatory matters, campaign and election law, unfair competition and employment issues Sandi also has extensive experience litigating wrongful termination cases, civil rights and RICO claims, construction matters and other significant business contractual disputes Recent successes include the defense of police labor and pension matters, civil rights and liability claims, challenges to municipal land use approvals, disputes over interpretation of employee MOUs, an inverse condemnation claim and various CEQA matters She has also handled municipal tort liability, employment and employee discipline claims, contract disputes, land use, municipal finance issues and a variety of writ claims Sandi's litigation experience covers a broad range of matters and includes extensive experience in both state and federal courts, as well as administrative hearings and administrative writ proceedings Sandi has also argued numerous appeals in both state and federal appellate courts Sandi also served as Mayor, Councilmember and Planning Commission Chair for the City of Culver City during the years 1993 to 2000, during which time she became quite familiar with the Public Records Act, the Brown Act and the laws pertaining to conflicts and disclosure from a practical as well as a legal perspective As a representative of Culver City, Sandi also served as 51.liaison to other governmental agencies, sat on many local government committees and boards, and spoke as a panelist at a variety of forums and seminars Prior to forming Colantuono & Levin, Sandi practiced at Riordan & McKinzie for 13 years, where she was a principal in the litigation department Education Sandi received her J D from the University of California, BoaIt Hall School of Law in 1987 and became a member of the California Bar that same year While at BoaIt, she was a member of the California Law Review, Senior Note and Comment Editor of the High Technology Law Journal and President of the BoaIt Hall Women's Association She served as an extern to the Honorable William Norris, Judge of the United State Court of Appeals for the Ninth Circuit in 1987 Practice Areas Election Law Complex Business Litigation Public Law Land Use and Planning Conflicts of Interest $3Yvette M Abich (213) 533-4201 yabich@cllaw us Yvette Abich joined Colantuono & Levin in April 2004 as an experienced City Attorney, having represented the City of Commerce for more than five years She currently serves as the City Attorney for the City of Barstow She also serves as Assistant City Attorney for the City of Sierra Madre She advises the Firm's local government clients in the areas of Brown Act compliance, issues arising under the Political Reform Act and other conflict of interest laws, Elections Code compliance and other municipal legal issues Yvette has substantial experience in land use law and serves as counsel to the Barstow, Sierra Madre and Calabasas Planning Commissions She has also provided land use advice to the cities of Bell Gardens, Commerce, Huntington Park and Maywood She has advised local land use regulators regarding the issuance, modification and revocation of conditional use permits, variances, site plans, and other land use entitlements She has assisted cities in the amendment of general plans and zoning codes, and is experienced in subdivision matters Yvette has also developed an expertise in the creation and enforcement of massage and adult business regulations Yvette has extensive experience in labor and employment law, and has advised both public and private employers on hiring, ADA compliance, disciplinary matters and PERS issues, as well as wage and hour laws Yvette also assists employers in performing investigations of employee grievances She also represents employers in labor negotiations with unions and employee associations and has drafted numerous Memoranda of Understanding Yvette has assisted local governments in matters involving Proposition 218 compliance for revenue measures and Proposition 218 ballot measures During her long tenure at Commerce, Yvette was responsible for overseeing Casino revenue matters, as well as enforcing local gaming regulations of the Commerce Club, one of the largest card clubs in California Yvette also has litigation experience, havmg obtained a gang injunction for the City of Commerce, modeled after the injunctions obtained by the Los Angeles CityAttorney's Office She has also successfully represented her public clients on various 1st Amendment issues Yvette serves on the Board of the Mexican American Alumni Association of Loyola Marymount University, raising scholarship money to assist university students She donates her time to grade and high school students, speaking about a career in law Yvette was featured in the April 2003 issue of Hispanic Business Magazine and was recognized as the Mexican American Bar Association's "Amazing Woman" in its October 2003 Quarterly Newsletter Yvette was also recognized for her accomplishments in the legal profession by being named as a "2004 Southern California Rising Star" in the area of municipal law Yvette obtained her B A from Loyola Marymount University in 1990 and graduated from Loyola Law School in 1994 Yvette is admitted to practice before all the courts in the State of California, as well as the U S District Court for the Central District, and the Ninth Circuit Court of Appeals ssHannah Bentley (213) 533-4157 hbentley©cllaw us Hannah has litigated for nearly ten years She is a leading member of the firm's litigation practice, handling both public- and private-sector matters for the firm's clients Hannah has handled cases under the California Environmental Quality Act ("CEQA") at both the trial and appellate levels Prior to joining Colantuono & Levin in March 2004, she handled citizen enforcement actions of environmental laws in state and federal courts She has also represented independent artists and labels in litigation under the Copyright Act and the Lanham Trademark Act, and has litigated a number of constitutional issues She also acted as lead counsel in citizen suits to require the labeling of products made with ozone-depleting chemicals under state and federal labeling laws, obtained a court order leading to the designation of critical habitat under the Endangered Species Act, and obtained a preliminary injunction on behalf of independent artists in the Napster copyright litigation In addition to her work in California's federal district courts, she has represented clients in appeals before the U S Court of Appeals for the Ninth Circuit Hannah began her legal career as an associate in the Washington, D C and San Francisco offices of Morrison & Foerster, and she spent over a year in Tokyo on behalf of a client in the Fujitsu-IBM intellectual property arbitration Hannah holds a B A in Political Science from Occidental College where she graduated as a member of Phi Beta Kappa and received her J D from Columbia Law School in 1987 She obtained both pursuant to an accelerated program between the two institutions 50Kenneth C Hardy 213/533-4206 khardy@cllaw us Ken is an experienced attorney specializing in labor and employment law and public agency law He advises and represents public agencies and private businesses on many employment matters, including wrongful termination, reasonable accommodation for disabled persons, leaves of absence for serious health conditions and pregnancy disability, discrimination and harassment, employee discipline, police and fire issues, civil service, and collective bargaining Ken provides a full range of services, including training, drafting policies, day-to- day advice, and representation in administrative proceedings and litigation With a good understanding of management principles, Ken seeks to minimize the impact of employment issues on employer operations by focusing on preventive measures and, when disputes arise, aggressive and intelligent problem solving Ken advises cities, public school districts, community college districts, and other public agencies on a wide range of public law, including open meeting law, conflict of interest law, public records requests, and code enforcement Prior to joining C&L, Ken was a Deputy City Attorney for the City of Riverside Before his tenure at the City of Riverside, he was a Senior Associate with the Pasadena-based law firm of Jones & Matson, which specialized in representing public school districts and other public agencies Education Ken earned a Bachelor of Science in Business Administration from the University of Southern California in 1988, a Juris Doctor from Stanford Law School in 1992, and a Master of Arts in Political Science from the University of California, Los Angeles, in 1996 While in law school, Ken served as an Associate Managing Editor of the Stanford Journal of International Law, and co authored an article, "Not by Seeds Alone The Biodiversity Treaty and the Role for Native Agriculture," Stanford Environmental Law Journal, volume 12, 1993 Practice Areas • Labor and Employment Law • Litigation • Public Law • School Law 5'1Katherine A Paspalis (213) 533-4163 kapaspalis cllaw us Kathy Paspalis is an Associate in the firm's litigation practice She serves our clients in a wide variety of litigation matters and administrative dispute resolution procedures Prior to joining the firm, she developed experience in a vanety of municipal, civil and family law topics Current projects include a dispute regarding a major residential development in a hillside community in Southern California, a lawsuit under the Religious Land Use and Institutionalized Persons Act in the Central District of California, and a commercial dispute among ownership interests in a substantial mixed use development project in Oxnard, California Education Kathy received her J D from the Southwestern University School of Law in 1996 and became a member of the California bar that same year She received her B A in Economics and Political Science from Pennsylvania's Bucknell University in 1985 Practice Areas Litigation Municipal Law 56Steven N Skolnik (213) 533 4203 sskolnikcllaw us Steve has specialized in municipal and community redevelopment law since 1979 He has been the City Attorney for the City of Santa Fe Springs and the Commission Attorney for the Community Development Commission of the City of Santa Fe Springs since 1986 He was recently selected by the Lakewood City Council to serve as City Attorney of that city He previously served as City Attorney for the City of Huntington Park from 1987 to 1998, and as Agency Attorney for the Huntington Park Redevelopment Agency, later the Community Development Commission of the City of Huntington Park, from 1992 to 2003 At various times throughout the past 24 years, Steve has acted as Special Counsel for the Cities and/or the Redevelopment Agencies of the Cities of Commerce, Duarte, El Centro, Fullerton, Gardena, Irwindale, La Mirada, La Verne, Pico Rivera, San Gabriel, Temple City, West Covina, Westminster and Whittier Steve has substantial expertise in the fields of eminent domain, community redevelopment and general land use law He has been the attorney responsible for all of the transactional and other work involved in numerous major redevelopment projects involving large numbers of properties and very substantial investments He also has been the lead attorney in the acquisition by eminent domain of many hundreds of properties for public purposes, and has been the trial attorney in over 40 jury trials Steve also argued approximately 20 cases before various appellate courts, and is admitted to practice before the United States Supreme Court As a result of his expertise, he has been a member of the Los Angeles County Bar Association's Committee on Eminent Domain and Land Valuation for more than 20 years Steve received his undergraduate degree from the University of California, Berkeley (A B 1976), and his law degree from Southwestern University (J D 1979) 51Amy C Sparrow (213) 533-4205 aspairow@cllaw us Amy Sparrow is a Senior Associate in the firm's litigation and public finance practices She serves our clients in a wide variety of litigation matters and administrative dispute resolution procedures Prior to joining the firm, she combined the breadth of general corporate and partnership representation with the peculiarities of administrative law, representing clients in a variety of industries and endeavors from Fortune 100 companies to cities, schools, and family partnerships Her broad range of experience includes tax planning and controversy, municipal and commercial litigation, debt and equity financing, contract negotiation and real estate transactions Before joining Colantuono & Levin, Amy practiced with DeCastro, West, Chodorow, Glickfeld & Nass and with Irell & Manella, where she was involved in complex transactional work, including the restructuring of a broadcast business providing predominately Spanish language programming and equity financing for a satellite based international telecommunications venture Education Amy received her J D from Boalt Hall School of Law at U C Berkeley in 1997, where she was President of the Boalt Hall Parents Association She received her B S in Mathematics from UCLA in 1987 Practice Areas Public Revenues and Taxation Litigation General Municipal Law (JPLAW OFFICES DAPEER, ROSENBLIT LLP l ' ECEI /ED PLEASE DIRECT MAIM/. WEST LOS ANGELES OFFICE WEST LOS ANGELES co. t cgtii „.2:_. P 5. ) 170 W OLYMPIC BLVD SUITE 550 K i h ,s4T FACSIMILE (3 I OT 477 7090 LOS ANGELES CA 90064 (524 -II I I, TELEPHONE (3 I 0) 477 5575 "IL YE? C Ck ANITA ZUCKERMAN PATRICIA H FITZGERALD PAUL 0 FIX JAMES C ECKART LISA A VIDRA ALMAM HERNANDEZ NORMA COPADO KENNETH A OHASHI MtiNOPOLITAN CMES OFFICE 2770 E SLAUSON AVENUE HUN11NGTON PARK CA 90255 3099 TELEPHONE (3231 587 522) FACSIMILE (3231587 4 I 90 tVEN H ROSENBUT KENNETH B DAPEER WILLIAM LID/AK l Y January 28 2005 Carol A Schwab City Attorney City of Culver City 9770 Culver Blvd Culver City CA 90232 Via Messenger Re Letter of Intent - Contract Code Enforcement Services Dear Ms Schwab This letter is in response to your request for a letter of intent from our firm concerning contract code enforcement services Our firm has had the pnvilege of representing your city for the past five (5) years in a variety of matters related to code enforcement and your city s Automated Red Light Enforcement Program Our representation has included advising staff on legal issues litigation in trial courts and representing the City s interest before appellate courts During the past three (3) years we have successfully handled over fifty (50) matters Enclosed please find a Firm Profile and Rate Sheet that sets forth our firm s qualifications services and experience in the field of code enforcement and our proposed service rates A summary of important points about our firm is as follows • Thirty (30) years of code enforcement experience while representing forty- five (45) cities/agencies spanning six (6) counties O Full range of pre-litigation services designed to obtain code compliance as soon as possible with the conservation of staff time and attorney s fees Our firm excels m obtaining results without resorting to court actions • Complete array of litigation services utilizing administrative civil/injunctive and criminal remedies In addition we have expenence in litigating matters related to inverse condemnation and other taking" claims including 1983 actions • Extensive background as instructors regarding code enforcement and nuisance abatement procedures as well as legal and cost recovery issues O Leading firm in the administration of automated red-light enforcement programs as instructors of vendors and police departmentsCarol A Schwab City Attorney City of Culver City Re Letter of Intent - Contract Code Enforcement Services January 28 2005 Page two We request the opportunity to continue to represent your city If you have any questions reg dmg this matter please do not hesitate to contact me Sincerely yours I A 1 i Dapeer iRrenblit & Litvak LLP (, By 1/4 1yfi1ham Litvak Esq Endl cc Steven Rosenbht Esq 0-RECEIVED DAPEER, ROSENBLIT Et LITVAK, LLP|1010|5M128 PM 5 17 FIRM PROFILE AND RATE SHEET :IT A TTON ,E v -ri- r,- liGur MI OF CUL vt. 3?'C1T Y Section 1 Firm History 1 1 The firm (hereafter "DRL") consists of partners -Kenneth B Dapeer Steven H Rosenbht and William Litvak and eight (8) associates The firm is "AV" rated by Martindale-Hubbell (their highest rating) All attorneys are licensed by the State of California Fifteen support persons also assist the attorneys 1 2 Messrs Dapeer and Rosenblit have served as city prosecutors since 1979 William Litvak joined the firm in 1989 The firm has provided services to forty five (45) cities /agencies in six (6) counties as hereafter described 1 3 DRL has also acted as educators in the field of code enforcement as follows • Workshops with city councils commissions and staffs • Speaker at a convention of the Independent Cities Assn • Instructor for the Southern California Association of Code Enforcement Officials (SCACE 0") • Instructor for the California Code Enforcement Council ("C C E C ") • Lecturer L A County Fire Department Fire Prevention • Lecturer Artesia Baldwin Park and Montebello Crime Free Multi Housing Programs • Lecturer March 2001 - CALBO Annual Meetmg • Lecturer August 2001 - LA County Housing Program Page 1 of 11 to3Section 2 Services 2 1 DRL s philosophy and commitment are to obtain voluntary code compliance whenever possible The arts of persuasion and diplomacy are utilized with great success to achieve this objective and to either avoid or conclude litigation However when communication alone is insufficient to resolve a problem our firm can utilize various remedies to obtain compliance with the law These include administrative actions criminal prosecution and/or civil litigation (for nuisance abatement injunctive orders and where appropriate receivers) Local and state codes are utilized to effectively and efficiently cause abatement of prohibited activities and conditions The following is a sample of remedies used • Code of Civil Procedure Section 731 [Abatement of Public Nuisance by a city] • Business & Professions Code Sections 17203 [Appointment of a Receiver] and 17206 (a) [Imposition of Civil Penalties] for a landlord s maintenance of property maintenance and technical code violations e an unlawful business practice that constitutes unfair business competition] • Health & Safety Code Section 17980 1 (c) [Appointment of Receivers for Dwellings When an Agency s Abatement Orders are Ignored] • Health 8z Safety Code Section 11570 [Abatement of Narcotic Nuisances in Dwellings] • Government Code Section 38773 5 (a) and Civil Code Section 3496 [Recovery of Attorney s Fees] when appropriate 4kk, Page 2 of 112 2 DRL also regularly represents Cities before all trial courts of this State and the United States District Court for the Central District of Califorma in such matters as • Traditional Mandamus • Administrative Mandamus • Inverse Condemnation • 1983" litigation • Sign" and "billboard" litigation • Red light abatement programs including prostitution gambling and gang activity 2 3 DRL adapts to each city s code enforcement program and regards itself as a team player" DRL is typically asked to provide the following services • Oversee mvestigations analyze legal issues and make recommendations for effective enforcement programs and solutions for particular cases • Issue "compliance letters" to violators who have ignored staff notices of violations • Conduct compliance conferences with violators at City Hall • Obtam mspection warrants from a court when consent to enter private property is refused and abatement warrants when city forces elect to abate a public nuisance • Prosecute violators (whether actions are commenced by citation or complaint) to obtain court imposed conditions of probation that achieve code compliance Page 3 of 11 45Page 4 of 11 • Initiate probation violation hearings for future code violations that are in disregard of conditions of probation • Initiate civil actions to preclude nuisances and other illicit activities This extends to almost any type of prohibited condition or activity since municipal codes provide that any violation thereof is unlawful and a public nuisance • Seek the appointment of a receiver to oversee and cause the abatement of housing code violations and other code enforcement problems • Provide comments to staff regarding proposed conditions to permits and licenses particularly when future code compliance is of concern • At the request of the city attorney represent staff at administrative proceedings to declare and abate a public nuisance and for the revocation of a permit or license • Review existing and proposed ordinances for code enforcement issues • Upon request provide training to staff persons to promote effective code enforcement procedures Topics may include review and analysis of frequently used codes proper inspections of code violations the selection of the best remedy report writing techniques for eliciting prompt voluntary compliance and testimony in court 2 4 DRL seeks the recovery of staff investigative and other recoverable costs in obtammg code compliance as part of the disposition of court cases Depending on the size of the code enforcement program this can amount to substantial sums per year2 5 William Litvalc is the firms designated attorney for the city The services of partners and associates would be utilwed as needed Section 3 Experience 3 1 DRL bnngs over thirty (30) years of code enforcement experience and the resulting wisdom and sound judgment to each municipal client This enables the firm to expeditiously resolve routine and complex code enforcement cases and to reduce the need for and duration of litigation Attorney s fees are thus substantially conserved 3 2 DRL s experience is also demonstrated by effective communication and advocacy In our contact with the public we cultivate a sense of civic responsibility so that persons do not violate municipal codes in the first place and should this occur they voluntarily and promptly fulfill their legal obligations The firm discharges its responsibilities to each city by • Promptly returning telephone calls and responding to questions or assignments • Counseling each client on the best remedy or solution to a code enforcement problem • Providing staff with copies of our communications to violators or their attorneys This includes written updates regarding court appearances and other case developments • Always discussing options to resolve a case with staff before acting on it • Regularly providing a client with a case summary • Identifying possible civil ramifications in a code enforcement matter and promptly reporting it to the city attorney Page 5 of 11 67• Advising each client on the need for new legislation or the amendment of existing ordinances with regard to code enforcement matters 3 3 DRL has represented the following 47 municipal chents Huntington Park Cudahy South El Monte West Hollywood San Marino Artesia Bell Lynwood South Gate Commerce Monterey Park Carson Hespena Agoura Hills Bellflower Baldwin Park Bell Gardens Malibu Cerntos Hawaiian Gardens Beverly Hills Rancho Cucamonga (as special counsel) Sierra Madre Irwindale Hemet Monteb ello Pomona La Habra Heights Los Alamitos Costa Mesa (as special counsel) Compton Lomita (as special counsel) Temple City The City of Big Bear Lake Pacifica San Dimas Palmdale Culver City Monrovia Benicia (special counsel) LaCanada Flintridge San Bruno Pleasant Hill Diamond Bar Colma Barstow Town of Apple Valley 3 4 DRL has successfully resolved thousands of cases involving the following Building Codes • illegal garage conversions room additions structural hazards alterations or other construction without all required permits and approvals • Unpermitted conversion/expansion of tenant dwellings garages and other structures A Page 6 of 11• Actions in disregard of stop work orders • Maintenance of unsafe buildings • Hazardous excavations and embankments Grading without all required reports permits and approvals Zoning Codes • Improper uses in all residential commercial and other zones • Violations of conditional use permits temporary use permits variances and site plan approvals • Illegal outdoor storage • The use of illegal screening or fencing materials • The display of signs without permits or which are otherwise illegal • The establishment or intensification of a use on property without submitting to a site plan or other review process Fire Codes • Overcrowding m places of public assembly • Failure to install or maintain department approved fire alarms systems and/or sprinklers in commercial structures • Maintaining obstructions to fire doors & fire apparatus • Improper storage of flammable substances and the maintenance of other fire hazards Property Maintenance & Health Codes • Maintaining structures in a state of disrepair or detenoration • Maintaining unsanitary premises • Accumulations of junk trash debns and discarded items or inoperable vehicles in yard areas Page 7 of 11 0• Overgrown vegetation • Prohibited outdoor storage Specially Regulated Activities • Activities by fortune tellers dance halls/club operators junk dealers arcade operators private security operators motel operators masseurs escort services and valet operators without the required permits or in violation of conditions thereof • Illegal activities by taxi operators refuse haulers and bus bench providers • Activities without special event and/or entertainment permits License and Tax Codes • Unlicensed business operations • Non compliant hotel operators • Failure to pay delinquent business taxes or transient occupancy taxes and penalties • Illegal home occupations Miscellaneous Matters • Working with police/sheriff agencies to abate narcotic and red light nuisance violations • Police citations for noise disturbances illegal peddhng drinking in public aggressive panhandling illegal use of public property and vicious dog bite cases • Representing staff m admmistrative proceedings involving tax issues nuisance abatement actions permit revocations and appeals • Defending cities in mandamus proceedings in the superior court b Page 8 of 11 I• Representing appellants and respondents governmental and private party appeals • Formulating or revising code enforcement programs • Assisting task force programs (police fire building planning county health and state agencies) to reduce crime and related Housing and Building Code violations • Overseeing sting" operations by police/ sheriff personnel regarding motel operators and illegal massage parlors • Presenting cases to district attorneys for possible state code misdemeanor and felony offenses • Prosecuting injunctive actions in the superior court to abate continuing public nuisances • Prosecuting related state code misdemeanor offenses with district attorney approval pursuant to Government Code Section 41803 5 if asked to do so by a city • Implementing cost recovery programs • Analyzing ordinances or proposed amendments thereto for code enforcement issues Such reviews have been undertaken for zoning fire license narcotic nuisance and property maintenance codes 3 5 The following results also indicate the breadth of the firm s experience in the field of code enforcement • Illegal hospital/medical facilities were closed • Illegally operated massage parlors were closed • An unlicensed and unpermitted tattoo parlor was closed • Our firm successfully defended a lawsuit to overturn a city s closure of two massage parlors • A property owner demolished a structurally unsafe apartment building by reason of a successfully negotiated plea agreement Page 9 of 11 11Page 10 of 11 • Delinquent transient occupancy taxes exceeding $320 000 have been recovered from dehnquent hotel operators • Delinquent business taxes exceeding $4 000 000 have been recovered in the past thirty six months from business operators Section 4 Proposed Fees and Costs 4 1 A monthly retainer is not requested 4 2 Fees are charged at an hourly rate of $140 00 for attorney time when utihzmg the criminal remedy Services rendered in connection with (i) code! ordinance changes or reviews to promote effective enforcement practices and to improve compliance results (u) administrative hearings before a reviewing authority (in) civil/injunctive/mandamus court and related actions and for (iv) appeals before an appellate or higher court would have an additional surcharge of $25 00 per hour for attorney time DRL may utilize paralegals for support services provided the time charged the city is less than the rate for attorney time 4 3 Miscellaneous Costs • Attorney Service Charges - As incurred (our cost) for service of arraignment notices the filing of pleadings in court and the procurement of pubhc records from governmental agencies or court reporters when needed for a particular case • Commercial Data Base Providers - Our firm is often asked by staff to conduct pubhc record searches (via DSL lines) to identify property owners or the form of business operations as well as to locate violators NonPage 11 of 11 lawyer staff time is billed at the rate of $15 00 for each request/search in addition to the actual charges of the service provider which are passed through to the city at cost It should be noted that these providers are not utilized if staff provides the firm with the needed information to carry out a particular assignment • On Line Legal Research Charges - As incurred • Copier charges 20 cents/page Faxes 25 cents/page • Extraordinary expenses with pnor city approval for Any third party expert witness or consulting fee Any court reporter or transcript fees Any exhibit preparation or photograph expense Contact Information William Litvak 11500 W Olympic Boulevard Suite 550 Los Angeles, California Tel (310) 477-5575 Fax (310) 477-7090 whtvak@drllaw cornA REGISTERED LIM TED LIABILITY PARTNERSHIP Fox 8 SOHAGI, LLP , FACSIMILE .[9 z 10) 444 7813 DEBORAH J FOX MARGARET MOORE SOHAGI THERESA E FUENTES MARGARET W ROSEQUIST STEVEN L FLOWER HELENE V SMOOKLER PHILIP A SEYMOUR DAWN ANDREWS McINTOSH OF COUNSEL LAW OFFICES 10960 WILSHIRE BOULEVARD SUITE LOS ANGELES CALIFORNIA 90024 3702 January 31, 2005 ItYll LE ONE 1270 it f 7- , C.19)) 444 7805 CI y 0216 1; 1 ' y 5 z7ly (1F -.4Iff e`;'1 7 ?(9 CC D AE VIA FACSIMILE AND FIRST CLASS MAIL Carol A Schwab, City Attorney City of Culver City P0 Box 507 Culver City, California 90232 Re Letter of Intent Dear Ms Schwab This letter is m response to your request for a Letter of Intent from our film regarding our desire to continue providing contract legal services for the City of Culver City We understand that your office plans to bring this matter before your City Council in the near future We look forward to being included in your presentation This firm has provided contract services to the City of Culver City for over eight years The current hourly rates contracted to the City are attached hereto Please be adNised thal i e have recertly researched our rates and found them to be competitive and at market levels or below We strive to always be sensitive to the fiscal issues facing public entities while keeping our rates competitive Our proposed legal services currently include Davidson et al v City of Culver City, USDC Case No CV02-2566-GAF(CWx) ("Davidson I"), Davidson et al v City of Culver City, USDC Case No CVO4-2220-GAF(CWx) including Ninth Circuit Court of Appeals No 04-56889 ("Davidson II") and various First Amendment issues within the CityFox 8 SOHAGI LLP Carol A Schwab, City Attorney January 31, 2005 Page 2 We have enjoyed working with the City and look forward to a future relationship Please do not hesitate to contact me if you need any further information Very truly yours, Vo-iiror DEBORAH J FOX of FOX & SOHAGI, LLP Attachment cc\schwab legal services 050128 wpd\70166 007 008 009 1,5LAW OFFICES Fox SOHAGI, LLP 75 A REGISTERED LIMITED LIABILITY TM4LRSHIP 10960 WILSHIRE BOULEVARD UlTiegc763 AMU ii Los ANGELES CALIFORNIA 90024 3702 - r r C"- - - f . - l',G T . 'i" 1 & 'f cdry DEBORAH J FOX MARGARET MOORE SOHAGI STEVEN L FLOWER NICOLE GOODHUE HOEKSMA HELENE V SMOOKLER PHILIP A SEYMOUR DAWN ANDREWS McINTOSH OF COUNSEL FACSIMILE (310) 444 7813 TELEPHONE (310) 444 7805 REC C 0 AP December 12, 2005 Carol A Schwab, City Attorney City of Culver City 9770 Culver Boulevard Culver City, California 90232-0507 Re Fox & Sohagi Billing No 70166 009 Davidson et al v City of Culver City USDC Case No CVO4-2220-GAF(CWx) Dear Carol As the end of the calendar year is upon us, we have reviewed our contract with the City of Culver City ("the City") and based on an assessment of the current rates within the municipal community, we determined it is appropriate to increase our rate structure In light of our valued and longstandmg relationship, these new rates are discounted from our standard 2006 rates The new discounted rates are as follows Deborah J Fox $325 00 Margaret Moore Sohagi $325 00 Helene V Smookler $325 00 Philip A Seymour $300 00 Dawn A McIntosh $300 00 Steven L Flower $225 00 Nicole G Hoeksma $225 00 Law Clerks $15000 Paralegals $125 00 Fox & Sohagi looks forward to our continued work on behalf of the City We will continue to produce a high quality work product while being sensitive to the fiscal restraints facing public entitiesFox 8 SOHAG1 LLP Carol Schwab, City Attorney City of Culver City December 12, 2005 Page 2 If you have any questions, please do not hesitate to call Very truly yours, DEBORAH J FOX of FOX & SOHAGI, LLP cc Collette Ehrich, Bookkeeper forrnsaate Increase \2005 \Culver City 2005 It- wpd 17ly yours, DAVID D LAWRENCE CIND1 S LEE PAUL B BEACH -I JON S CHOI MICHAEL D ALLEN R_AYMOND W S AKA] CHRISTINA M SPRENGER JENNIFER R. HONG JENNIFER L PRIETO JORJE CHICA DARYOUSH NIKNEJ AD WILLIAM S HONG DAVID S MAOZ JONI E BELL JUSTIN W CLARK Al adm tt d An o -1 Also adm tt d D tnct f C I FRANSCELL, STRICKLAND, ROBERTS & LAWRENCE' t. F-13 "S A PROFESSIONAL CORPORATION C15 JAN 2 7 11 25 Am ATTORNEYS AT LAW 100 WEST BROADWAY 4 T7 poo r — .BARR,ARA ROBERTS GLENDALE CALIFORNIA 9 '10 1,19 (818)547 19/ (3'3)684 7830 FACSIMILE (818) 54 1937 umb a OF COUNSEL GEORGEJ FRANSCELL WWW franscell corn ORANGE COUNT] OFFICE 500 N STATE COLLEGE BLVD SUITE I )0 ORANGE CA 97868-1604 (714) 456-0180 FACSIMILE (714) 456-0181 January 25, 2005 Carol A Schwab, City Attorney City of Culver City 9770 Culver Boulevard Culver City, CA 90232 Dear Ms Schwab This letter is in response to your request for a Letter of Intent from our firm regarding our desire to continue providing contract legal services for the City of Culver City We understand that your office plans to bring this matter before your City Council in the near future We look forward to being included in your presentation This firm, which was established in 1992, has provided contract services to the City of Culver City since its inception Its predecessor firm, Cotlun, Collins & Franscell, also provided legal services to the City of Culver City, however, I am not able to say how many years prior to 1992 that relationship existed The onginal attorneys of Franscell, Strickland, Roberts & Lawrence were all attorneys that previously worked at Cotkin, Collins & Franscell Our proposed lea' ser ces -e 1 4de deferse of police szenducticA I rigt-fs employment defense, including actions brought under the California Fair Employment and Housing Act and under the Americans with Disabilities Act and appellate matters Attached hereto, please find our rate sheet and firm resume Thank you for your consideration AVID LAWRENCE DDL/dta Enclosures 14$FRANSCELL, STRICKLAND, ROBERTS & LAWRENCE Fees for Legal Services Employment Litigation Partners $225 00/hr Associates $175 00/hr Law Clerks $ 80 00/hr Paralegals $ 80 00/hr All other matters Attorneys [blended rate] $150 00/hr Law Clerk And Paralegals $90 00/hr 11Franscell, Strickland, Roberts & Lawrence A Professional Law Corporation Firm Biography Since its formation in 1992, Franscell, Strickland, Roberts and Lawrence has established itself as one of the foremost litigation and trial law firms in Southern California practicing pnmanly in the areas of police civil rights, employment law, public entity defense and appellate practice FSRL has a very active appellate department, having successfully represented clients before the United States Supreme Court, the Ninth Circuit Court of Appeals, the California Supreme Court, and the California Court of Appeal FSRL has over forty published opinions from the highest courts of the land covering important issues of constitutional law, employment law, police practices and administrative mandamus FSRL has represented numerous Southern California cities, public officials, counties, prosecutors, city attorneys and peace officers m high profile civil rights cases and cases involving allegations of police misconduct, malicious prosecution, defamation, legal and medical malpractice, gender and racial harassment and discrimination and violations under the Americans with Disabilities Act (ADA), as well as the Fair Employment and Housing Act (FEHA) In 2000 and 2003, the Los Angeles County Sheriffs Department named David Lawrence and Paul Beach "Attorney of the Year" for exemplary performance representing the Los Angeles County Sheriffs Department while maintaining the highest standards of ethics and integrity FSRL's clients have found that the combination of trial and appellate excellence makes FSRL a wise choice yielding excellent results at an affordable price Attorney resumes, jury trial results, published opinions and general office information can be viewed by visiting our websfte located at hftp //vvww franscell com FSRL has offices in Los Angeles and Orange Counties Los Angeles Office Orange County Office 100 West Broadway 500 N State College Boulevard Suite 1200 Suite 1350 Glendale CA 91210-1219 Orange CA 92868-1604 Tel (818) 545-1925 Tel (714) 456-0180 Fax (818) 545-1937 Fax (714) 456-0181 01 at -14 wwfi anscell corn 9David E Cranston Direct Dial 310 785 6897 Direct Fax 310 201 2361 E Mail dcranston@ggfirm corn File Number 14314 00001 Document Number 1456125 FN'E.CEIVED 05 FEB -7 PH 12 39 T Y VGMT CITY O CUL ER CITY Greenberg GREENBERG GLUSKER FIELDS CLAMAN MACHTINGER & KINSELLA LLP February 2, 2005 Federal Express Carol A Schwab, Esq City Attorney City of Culver City 9770 Culver Boulevard Culver City, CA 90232-0507 Re Letter of Intent Dear Carol This letter is in response to your request for a Letter of Intent from our firm regardmg our desire to continue providing contract legal services for the City of Culver City We understand that your office plans to bring this matter before your City Council m the near future We look forward to being included in your presentation This firm has provided contract legal services to the City of Culver City for nearly five (5) years We have represented the City in connection with a number environmental, tax and busmess matters and would be very pleased to continue our representation of the City m connection with such matters Our proposed legal services include the matters which we are currently handling, described below, any other environmental, oil and gas, tax or business matters, including litigation, m which the City believes our representation could well serve the City|109| City of Culver City v Terra Exploration and Production et al In this matter, the City is seeking to establish that Terra has not right to operate certain wells m Culver City Park The City also seeks damages relating to Terra s wrongful use of those wells and for environmental cleanup This matter is set for trial on May 2, 2005 We recently received a favorable decision from the Court increasing the likelihood that the City will prevail at trial In the meantime, however, we have been and will continue to assist the City in negotiating with Terra and MCP to reach a settlement As currently proposed, PXP will take over Terra's operations, will plug and abandon certain wells on a designated time table, abandon the tank farm 1900 Avenue Of The Stars 21st Floor Los Angeles California 90067 Telephone 310 553 3610 Fax 310 553 0687 Website www ggfirm cornGREENBERG GLUSKER FIELDS CLAMAN MACHTINGER & KINSELLA LLP Carol A Schwab, Esq February 2, 2005 Page 2 and conduct environmental cleanup|109| City of Culver City v Terra Exploration and Production This is a separate matter seeking to recover certain unpaid hazardous material fees from Terra|109| Oil Well Permit Ordinance Assist the City in revising its ordinances addressing oil drilling, permits and royalties|109| Cars corn Represent the City in connection with its dispute with Cars corn over business license taxes Attached please find our rate sheet and firm resume We will continue to provide the City with a 10% discount on our fees We have enjoyed the opportunity to represent the City and look forward to doing so in the future Very truly yours, David E Cranston DEC sl Enclosure 4C3 14E10001 1456125 1Partner Flews Bertram ecTI 4.,5,,,t4,,gt Class Year 1952 900 T-124 P 003/006 F-222 310-553-3550 06-20-2002 05 45 p m From-GREENBERG GLUSKER - GREENBERG GLuSKER 2006 BILLING RATES Name C la( re lit Rate 1967 525 4.40(8-15 1971 500 4 Claman Stephen Friedman Harvey R Greenberg Arthur N Kaplan Gary L -" V 6' 1:7 - " .erPRA34 Bennett Jr RoOart E Fujikawe Ronald K Posell Richard E Shearer Bernard ,74-44 Chapman Robert S 1975 520 Levine Norman H 1974 520 Greene fvticnael A 1970 510 ir,(3Se4154 i4 Ellman Dennis B 1976 500 Kann Arnold D 1964 500 Marshall Robert F 1973 500 Opk$ tt!'71 "A 4 Haldeman E Barry 1969 495 Hanken Garrett L 1 973 495 Snephard Charles N 1977 495 Fiolt Roger 1971 485 , Berk Michael 1957 475 Eskenazi Bonnie E 1985 475 Neff Ricnaro 1980 475 Stem Marc M 1985 475 Finkelstein Henry D 1981 470 '4PT 4tt' f.;" Bertrando Nancy A 1985 460 Mi,11#174,43L ,'"ohir Gallo Jon J Levine C Bruce f'"1 1959 550 1953 550 1952 550 1976 550 1969 525 1973 525 '1965 525 1959 52506-20-2006 05 46Pm From-GREENBERG GLUSKER 310-553-3550 1-184 P 004/006 F-Z20 GREENBERG GLITSICER 2006 BILLING RATS Nd i3 C tee Alt f a ii; Cranston David E 1985 450 Lune Steven J 1988 450 Spitz Jeffrey 1985 450 Walker willarn 1985 450 Watson Elizabeth 1981 450 Wood Craig 1960 450 ,-,-Tr ,go w .14 I • 7.1'i n.V.....-.1."1,6:1;42 BlocK, Kart E 1903 435 , Dresie Lee A 1982 45 Zwicker Laura A 1991 425 14- 4 :74 J r dfok,e. Bartlett Joseph p 1585 420 414:tirRe4 1 r 7 Cossman Jill A /983 410 SoKol Jonathan 1907 410 ,t Bibicoff 1991 400 Blechner Paul A 1991 400 Moriarty Elisabeth A Smith Stephen S 1991 1993 400 400 Iteil;' ,41e4ke,,,P.F11477 Cooke Michelle 1992 395 -51 1' 44% Binford Heidi t!gainOkh 1993 390 Krieger Jeffrey A 1991 385 • , .• .„ Baradaran BoD 1996 375 Maclsaac Suann C 1996 365 Moss Aaron J 1997 365 Of Counsel C ass Year Moms Jean 1979 450 Stanley David 500 Thompson Scott 375 -10e. 440 Contract Class Year Carlo Candace 1978 450• ;',i1,,v1-; 2000 2001 2001 2001 2001 2001 2001 310 285 285 285 285 285 285 ornery Steve ,see Montt 2002 4:3rA.11: 2003 2003 2005 2003 2004 2004 2005 250 250 250 250 240 240 240 06-20-2006 05 46pm From-GREENBERG MAUER GREENBERG GLu-swea 2006 BILLING RATES Nittale C I re4It Sherman Sandra IMP ANL:11.ti* - Associates Class Year Tip ett Robert S '1987 Cluster Darryl W 1989 Roberts Carla 1991 Tan n Shiraz 1995 7:??, Burgos Caroline H 1997 Falle Matthew N 1997 Beall Juditn 1998 Bovond!e Susan A 1998 ',4'ic= 92,1,;iii n,3 ;a' ' Cestera Ricardo P 1999 320 Galsor Matt 1999 320 Sauced° S via 1999 285 1-184 P 005/006 F-228 295 310 355 325 340 325 355 330 530 lwasaKa Ryan M mow, Bloom Aaron Das Benda Finch Robin R GurKa Allison Konnersman Jolene Tama, -lames 4 '4144 Banlis Samna Karig Brian Friedman Tanya Tavalcali Brenda :41224r1 Fiscrie/ Andrew Nassar, Natalie SIdarz Cambra 245 310-553-3550 13508- 20-Z008 05 47pm From-GREENBERG CLUSKER GREENBERG GLIJSKER 2006 BILLING RATES 310-553-2550 T-184 P 008/006 fsLifile Cuff-stl Rate Weinberger Pierson Lisa 2004 240 2005 230 Balciunas Lina Kiineoinst, Katy 2005 230 Reed Natalie 2005 no Salver Jesse 2005 230 Sher Kevin 2005 230 WiUces,Racnel 2005 230 - faraleoale, Antolick Penny G 195 thu Linaa 195 Welton Pamela S 190 Blythe Joanna 190 McNamee, Leese 180 Laux Trisha 175 Lewis Leslie 175 Stone l-lope 170 Antonoff, SanOrq 165 Pel Nat- Sandra 135 F-228Greenberg Glusker Fields Claman Machtinger & Kinsella LLP Greenberg THE COUNSEL YOU KEEP' wwwggfirmcom Greenberg Glusker Fields Clam an Machtinger & Kinsella LLP was founded in 1959 and is recognized as one of the leading mid size law firms in California with over 100 lawyers serving a wide variety of clients throughout the United States The Firm is engaged in a general civil practice including real estate entertainm ent litigation intellectual property and technology alternative dispute resolution business and tax labor and employment commercial transactions and restructurings environmental law nonprofit organizations probate and estate planning ? 7Real Estate Greenberg Glusker has played a significant role in Southern California s real estate industry for more than 35 years and enjoys a reputation as one of Los Angeles premier real estate firms We represent developers lenders hotel operators office and shopping center owners office and retail tenants commercial and residential brokerage firms title insurers construction companies and real estate investors Our real estate lawyers are more than skilled technicians We understand our client s business objectives and we help them achieve those objectives in an efficient cost effective manner Our approach is businesslike and deal oriented We focus on what is important and keep that focus until the transaction closes We are deal makers not deal breakers We advise our clients on all aspects of their transactions This includes determining the appropriate ownership vehicle in light of tax and liability issues negotiating the necessary docum entation performing the required due diligence and closing the deal We are experienced in office buildings industrial parks community and power and regional shopping centers residential development including single family condom inium and apartment projects mobile hom e p arks warehouse club development country club and resort projects and mixed use developments When appropriate we call up on our real estate litigation group to prosecute or defend contract partnership construction defect land use environmental and landlord tenant litigation We also work closely with our income and estate tax planners to achieve the optimal tax treatment for our clients 16 e%Land Use and Administrative Law Real estate developers as well as essentially all businesses today which use real property in the course of their business activities are constantly confronted with the complex and perpetually changing scheme of governmental land use regulations which specifically provide and in many cases severely limit how a given property may legally be used or developed Greenberg Glusker s land use and administrative law practice provides its clients with valuable expertise as to h ow to successfully navigate through these regulatory complexities We represent a prestigious roster of real estate and business clients in the development of a wide variety of projects including corn m ercial residential industrial and mixed use developments From the inception of a real estate development project through the entitlement process and beyond through project construction operation and disposition our attorneys frequently work as integral parts of development teams of architects engineers and consultants to successfully implement our clients real estate development goals m a timely and cost effective manner Where appropriate we pursue a consensus planning approach But if a development is challenged by a private party or threatened by overeaching governmental actions our attorneys will vigorously represent our clients interests through litigation at the trial court as well as appellate level Entitlements Our attorneys assist our clients in obtaining a wide range of entitlements including general plans specific plans subdivisions variances conditional use perm its zone changes site plan reviews development agreements costal development permits initiatives and referenda cultural/ historical landmark proceedings and transportation infrastructure planning and financing which encompass the full spectrum of descretionary local regional and state planning decisions CEQA Compliance We assist our clients in preparing all documentation required by the California Environmental Quality Act (CEQ A) including categorized exemplar negative declarations and environmental impact reports Our attorneys are also experienced in vigorously defending su ch documentation against legal challenges Redevelopment We are w ell acquainted with the redevelopment process and we assist our clients in structuring negotiating and documenting both subsidized and unsubsidized redevelopment projects including owner participation agreement (OPAs) and disposition and development agreements (DDAs) Litigation When it becomes necessary our attorneys will vigorously challenge overreaching governmental actions including fending off efforts by governmental agencies to take our clients property through eminent domain or to exact exorbitant fees or require excessive dedications We are experienced in defending projects bifrom a variety of legal challenges including those alleging the failure to comply with CEQ A Local Legislation We also engage in lobbying to assist our clients in influencing governmental legislation We have experience in most jurisdictions in California soIntellectual Property and Technology The Firm s Intellectua I Prop erty Group has special expertise in handling the complex problems involved in the registration exploitation and enforcem en't of the rights to intellectual property including trademarks copyrights rights of publicity patents and trade secrets General Representation The Firm is well known for its representation of both creative talent and companies in the entertainment communication and publishing industries Lawyers in the Intellectual Property Group are frequently involved in negotiating and documenting agreem ents to obtain literary and other proprietary materials which serve as the basis of interactive multimedia products and other entertainment productions As new technologies make it possible to exploit intellectual property in new and different ways the complexity of the transaction increases Corporate and Business The Intellectual Property Group represents a wide variety of domestic and international companies ranging from start ups to publicly traded multinational corporations These clients require traditional day to day business counseling involving all types of tangible and intangible property as well as specialized services involving intellectual property including the clearance registration transfer licensing and acquisition of software film and music libraries copyrights trademarks and trademark portfolios trade secrets patents and products The corporate and business lawyers also handle secured and unsecured financing transactions franchising public offerings private placements and leveraged buyouts and obtaining and perfecting security interests in intellectual property Tax The Firm provides tax advice for companies and individuals from all over the world who invest and conduct business in the U S as well as for domestic companies and U S citizens doing business domestically and abroad The tax lawyers have particular expertise in corporate and partnership tax planning including structuring multinational ventures for domestic and international clients involving intellectual property and technology related issues Dispute Resolution Intellectual Property Group lawyers handle virtually all types of civil litigation involving intellectual property such as trade secret misappropriation trademark copyright and patent infringement defamation right of publicity right of privacy unfair competition antitrust and franchise litigation The Intellectual Property Group has special expertise in obtaining emergency and preliminary injunctive relief in cases involving intellectual property rights They engage in litigation throughout the United States as well as alternative dispute resolution specific to the entertainment industry including arbitration under the rules of the Screen Actors Guild the Directors Guild the Writers Guild and other entertainment unions guilds and trade associations Insolvency Issues The Firm s bankruptcy lawyers are particularly experienced in handling debtor/ creditor matters involving intellectual property assets and frequently assist other lawyers in structuring transactions to anticipate and avert insolvency related problems 'IiEntertainment Greenberg Greenberg Glusker has one of the preeminent entertainment law practices in the nation Our Entertainment Department handles a broad range of legal matters in all entertainm ent and interactive media for actors directors producers screenwriters authors publishers independent production companies fin an ciers distributors and major entertainment studios Although the Entertainm en t Departm en t is best known for its representation of high profile clients including Tom Cruise Nicole Kid m an Joel Silver Mike Nichols Dem i Moore Larry Kasd an Jam es Cameron Jonathan Demme Dustin Hoffman Warren Beatty Andie MacDowell the Firm represents new and emerging talent and production companies involved in all entertainment media such as Galan Entertainment Lucasfilm Ltd TransContmental Pictures and Records and the Cisneros Group Greenberg Glusker is one of the few entertainment law firms with full service capability so our entertainment clients benefit from the Firm s expertise in a wide variety of legal disciplines Business and tax lawyers assist in structuring sophisticated business and financial transactions Ifneeded throughout the course of difficult negotiations our entertainment attorneys are able to strategize with the Firm s outstanding entertainment litigators who can help avoid or resolve potential problems Similarly in appropriate circumstances the advice of the Firm s bankruptcy attorneys safeguards a client s rights and economic position in a transaction Our estate planning lawyers have the special expertise to assist entertainment clients in establishing estate plans and in the administration of estates trusts guardianships and conservatorsh Ts General Representation The Firm s entertainment lawyers serve as general counsel for a diverse group of artists entertainers and entertainment related businesses Our lawyers understand the needs of entertainment clients and familiarize them selves with each client s particular goals and objectives This enables the entertainment attorneys to advise clients on all business and legal matters including negotiation and documentation of a wide variety of contractual relationships involving individual talent studios networks Internet and production companies banks financiers bond companies and all forms of distributors Our entertainm ent lawyers also advise clients regarding the use and formation of corporations joint ventures limited and general partnerships limited liability entities loanout companies and other business formats and assist our clients in complying with relevant collective bargaining agreements and state and federal laws and regulations Talent Agreements Our entertainment attorneys are w ell known for negotiating and documenting creative talent agreements for services procured in theatrical feature films television series television movies and mini series Internet and interactive multimedia productions comm ercials end orsem ents publishing and stage plays Project Financing and Distribution The lawyers in our Entertainment Department negotiate arrangements and prepare contracts for the financing development and production of motion pictures television programs books plays and other creative outlets Such arrangements can have a number of legal components including distribution licenses bank loan agreementscomp letion bon ds and equity investments which often involve obtaining and perfecting (and ifnecessary foreclosing upon) security interests in various forms of intellectual property Celebrity Proprietary Rights The rights to the name voice likeness and other characteristics of a celebrity are of unusual and special importance The Firm s entertainment attorneys advise clients on the protection of p erson al publicity trademark and other proprietary rights and with the licensing of such rights when used for products and services Rights Acquisitions Our entertainment attorneys represent producers directors and production companies in the negotiation and documentation of agreements to obtain critically important literary rights which are the basis of entertainment productions Likewise our entertainm ent lawyers represent authors and other owners of such rights in sale and licensing transactions having on many occasions implemented precedent setting deals Production Legal Work We often perform the production legal work for production companies working on movies television programs music videos and other entertainment productions Such work includes creating solid chain of title agreements for all underlying prop erty fundamental to the production and the negotiation and preparation of agreements for securing rights to locations property crew and cast Dispute Resolution Our entertainment lawyers assist clients in the resolution of disputes involving individuals, partnerships production companies distributors guilds and/ or governmental agencies If litigation is necessary our litigators have extensive experience with entertainment industry cases having handled numerous high profile cases some of which established important legal precedents in the entertainment industry 613Alternative Dispute Resolution cvik The Firm is familiar with and often assists parties in resolving disputes through various methods of Alternative Dispute Resolution (AD R) instead of traditional litigation The term ADR covers a wide variety of formal and informal dispute resolution techniques Use of an appropriate ADR technique can yield many benefits In addition to containing litigation costs and expediting resolution ADR presents an opportunity to resolve disputes in a manner which protects the participants privacy and can maintain ongoing business and personal relationships Both as advocates and as arbitrators or mediators the Firm s lawyers have used ADR techniques to resolve variety of complex disputes including business commercial entertainm ent real estate labor trust and estate controversies Arbitration The Firm has broad experience in using arbitration to resolve disputes In arbitration an appointed arbitrator rather than a Judge sitting in a court oflaw resolves the dispute Arbitration can be especially helpful in avoiding the expense of extensive discovery battles and costly appeals and in obtaining a decision from a person familiar with the area of business involved in the dispute The Firm handles arbitrations before the commonly recognized arbitral forums such as the Am erican Arbitration Association Am erican Film Marketing Association and the Screen Actors Guild as well as arbitrations in which the parties agree upon their own procedures Several of the Firm s lawyers also serve as arbitrators The Firm has arbitrated virtually every type of business commercial entertainment construction real estate labor trust and estate dispute both in situations in which the parties had agreed to arbitration in advance and in situations where a matter was submitted to arbitration rather than litigation The Firm s transactional lawyers are frequently involved in drafting ADR provisions carefully tailored to meet the client s specific needs Mediation Mediation is a non binding process in which the participants design a solution to their dispute with the guidance of an experienced facilitator or mediator The Firm s lawyers frequently use mediation techniques to assist parties in negotiating early settlements of th eir differences The Firm has found that in ediation is particularly useful to resolve disputes in which the parties personal relationship is an issue such as sexual harassment matters or differences between family members or business partners Other AD R Techniques The flexible nature of ADR is an essential part of its effectiveness Accordingly the Firm s lawyers have used and continue to explore a variety of techniques by which disputes can be resolved efficiently These include retaining a retired Judge at the beginning of a dispute to assist the parties in identifying focusing and resolving important issues commencing a bifurcated arbitration on key issues and holding a mini trial at which the parties decisions makers are educated on the merits of th eir resp ective positions While there are disputes that are not amenable to resolution through the ADR process the Firm believes that exploring alternatives to litigation often yields superior results at substantial cost savingsLitigation The Firm s Litigation Department handles a wide variety of matters before federal and state trial and appellate courts including the United States Supreme Court arbitration tribunals and administrative agencies in virtually every type of business commercial entertainment and communication litigation Working with the Firm s bankruptcy lawyers the Firm represents debtors and creditors in bankruptcy related litigation Real Estate and Construction Litigation The Firm s litigators handle a wide variety of real estate litigation covering actions for specific performance partnership disputes and controversies arising from agreements to purchase and sell real prop erty The Firm represents clients in lease controversies rent control land use and zoning disputes brokers commission actions and mechanics lien and construction defect litigation Entertainment and Communications Litigation The Firm represents entertainment clients in contract disputes antitrust actions defamation suits First Amendment issues copyright trademark and other intellectual property infringement matters and actions for and against agents and business and personal managers Well know n for handling numerous high profile cases the Firm represents actors producers directors screenwriters authors musicians songwriters composers and major film and television studios Secunbes and Business Litigation The Firm represents publicly owned and closely held corporations lending institutions partnerships and individuals in a broad range of litigated matters The Firm s litigators handle breach of contract actions corporate and partnership dissolutions private antitrust actions copyright an d trademark matters intellectual prop erty infnn gem en t unfair competition and franchise litigation The Firm represents plaintiffs and defendants in major securities fraud litigation including class actions and shareholder derivative suits as well as business tort and insurance related matters Labor and Employment Litigation The Firm represents employers in a variety of industries defending state and federal claims of individual and systematic discrimination sexual harassment wrongful termination breach of contract unfair competition defamation and other employment related claims Appellate Matters The Firm s appellate practice includes prosecution and defense of civil appeals writ of m and ate and other extraordinary writ petitions stay ord ers appellate motions and other proceedings before the California Supreme Court and California Courts of Appeal and the United States Supreme Court and Circuit Courts of Appeals in addition to various federal and state administrative agencies Complex civil litigation often necessitates appellate review of jurisdictional orders preliminary injunctions summary adjudications demurrer rulings and other interim trial court rulings as well as appeals from final judgments after jury verdicts or bench trials Several of the Firm s litigators specialize in appellate work and are frequently associated as appellate counsel in cases that were tried by others 15Business and Tax oklo The Business and Tax Department represents entrepreneurial mid size companies in a variety of industries including manufacturing and distribution communications entertainment health care hospitality and professional service organizations The Firm has a longstanding commitment to develop and maintain a close relationship with the entrepreneur chief executive officer and business owner Corporate and business clients are served primarily by one partner who is responsible for the client relationship and overall coordination of services provided Each client receives responsive personal attention while also having access to a wide variety of specialized services and resources General Representation The Firm s corporate lawyers serve as general counsel for numerous public and closely held businesses As general counsel they develop a familiarity with each client s business which enables them to advise the client on virtually all legal matters affecting day to day operations This traditional business counseling includes legal advice about entity formation operational problems stock option and other compensation plans contractual relationships with suppliers distributors customers employees lenders and others employee and stockholder relations unfair competition protection of prop rietary rights licensing of products in the United States and abroad franchising and general compliance with state and federal laws and regulations The Firm s corporate and business lawyers are often engaged to negotiate and resolve disputes among the owners of closely held partnerships and corporations Business Planning The Firm has substantial experience in sophisticated business planning and in advising clients concerning the purchase and sale of businesses corporate buyouts mergers acquisitions split ups and divestitures and financial restructuring of debt and equity In addition the Firm handles franchising leveraged buyouts and secured and unsecured financing transactions Since many of the Firm s clients are closely held or family businesses the business lawyers are also involved in estate and business planning to ensure the continued vitality of these enterprises Partnerships and " S Corporations The Firm has developed particular expertise in the legal problems of partnerships and S corporations as business entities The corporate and business lawyers advise clients on all phases of organizing operating and dissolving partnerships and S corporations Corporate Finance and Securities The Firm s corporate lawyers represent both issuers and broker dealers in connection with public offermgs of equity and debt securities They represent N YSE and other publicly traded clients before the Securities and Exchange Commission and the California Corporations Commissioner The private offering of corporate and other securities including partnership syndications constitutes an important part of the Firm s practice The Firm advises clients on international federal state and local tax matters Tax lawyers work closely with lawyers from other departments assisting them in the tax aspects of business entertainm ent real estate litigation and bankruptcy mattersCorporate Tax Planning The Firm s tax and corporate lawyers work together to structure major business transactions such as mergers corporate reorganizations acquisitions stock redemptions divisions and dispositions The tax lawyers obtain rulings and technical advice from the Internal Revenue Service and are involved with such matters as consolidated returns net operating losses unreasonable accumulations of income personal hold ing coin panics and collapsible corp orations International Matters The Firm s tax lawyers structure transactions for nonresident aliens and foreign entities engaged in business or investing in the United States and for United States businesses and individuals operating abroad They work closely with foreign lawyers and accountants with respect to the tax issues of international transactions Real Estate and Partnership Tax Planning The Tax Department structures real estate transactions to include the resolution of tax issues arising from establishing and operating partnerships and joint ventures purchase and sale of real estate advising real estate investment trusts (REITs) installment sales leasing financing and refinancing special allocation of partnership income tax free exchanges term ination of partnerships and real estate transactions involving tax exempt entities such as charitable foundations and pension plans Personal Tax Planning The Firm engages in personal tax planning for owners of closely held businesses corporate executives persons in the entertamm ent industry entrepreneurs high net worth individuals estates and trusts This work includes employee benefit plans use of loanout corporations executive fringe ben efits analysis of tax shelters and deferred compensation arrangements State and Local Taxation The Firm s tax lawyers frequently provide advice and handle controversies involving California income sales and use taxes property tax (including the impact of Prop osition 13) and local business license taxes Audits and Tax Litigation The Tax Department handles state and federal tax audits and represents clients before the Appellate Division of the Internal Revenue Service the Franchise Tax Board and the State Board of Equalization The Firm s tax lawyers also represent clients in the United States Tax and District Courts criEnvironmental The Firm s environmental practice reflects the broad impact of environm ental law on business and personal matters Thus the Firm s environmental lawyers are frequently Involved in litigation matters real estate transactions business matters financing arrangements bankruptcy proceedings and even trust and estate issues In addition they provide compliance counseling and representation in administrative and judicial proceedings involving federal state and local agencies They are experienced in analyzing legislative and regulatory initiatives and providing assistance to the clients whose business can be affected by them Litigation The Firm represents clients in a wide range ofhtigation over environmental issues These cases include CERCLA cost recovery actions non CERCLA actions for cleanup of contamination and damages and disputes over the adequacy of the Environmental Impact Reports The Firm also assists clients with pollution related insurance coverage issues Transactional Work Environmental due diligence has become a critical element of many business transactions including real estate development redevelopm ent sales and leases the transfer of business op erations secured financing arrangements and even equipment sales and leases The Firm counsels clients on the environmental asp ects of all such transactions This includes planning and evaluating appropriate studies interfacing with government officials as necessary negotiating mitigating measures or cleanups and advising clients about the risks that may arise from environmental conditions or their regulation Regulatory Compliance The Firm s lawyers have substantial experience in assisting clients with environmental compliance issues This includes interpreting regulations negotiating with government agencies over the application of environmental requirements to prop osed developments and operating projects devising compliance plans and providing advice regarding government investigations It also includes handling perm it applications hearings and appeals and defending clients in enforcement actions Legislative and Regulatory Development The Firm s environmental lawyers have experience in drafting environmental legislation reviewing proposed legislation and regulations for potential impact on clients and preparing comments and testimony to influence legislative and regulatory activity Bankruptcy The Firm assists in addressing the interaction of bankruptcy legislation and case law with the cleanup obligations and liabilities created by environmental statutesEmployment The Firm s Labor Department has diverse expertise ranging from preventive counseling to representation before administrative agencies and in trial and appellate litigation Clients are from industries including entertainment retail professional service organizations manufacturing and distribution real estate health care gaming and hospitality The Firm has substantial experience with state and federal civil rights and anti discrimination legislation such as the California Fair Employment and H ou sing Act Title VII of the Civil Rights Act of 1964 the Americans with Disabilities Act the Civil Rights Act of 1991 as well as with the Family and Medical Leave Act of 1993 the Immigration Reform Act the National Labor Relations Act the Worker Adjustment Retraining and Notification Act and the California Injury and Illness Prevention Program Act and all state and federal wage and hour laws Preventive Counseling As well as defending employers in the investigation of charges and in litigation of claims involving alleged violations of state and federal laws the Firm also emphasizes preventive counseling designed to minimize the risk ofhtigation or administrative claims These services include advice on issues such as sexual harassment the progressive discipline of employees the importance ofproper documentation of employment issues the risks associated with drug and alcohol screening the handling of work related stress claims privacy concerns raised by the use of employee searches and the interception of voice m ail e mail and sim liar technological issues The Firm s labor lawyers draft and review employment handbooks as well as policies and procedures to address these personnel issues They also advise clients with respect to daily operational issues such as proposed hinngs disciplinary procedures and terminations and draft the employment and severance agreem ents associated with such Issues Employee Terminations and Contract Disputes The Labor Departm ent represents employers in defense of individual and systemic discrimination claims sexual harassment actions wrongful termination suits and contract and tort claims They counsel clients undergoing reductions in force as a result of plant closings and corporate reorganizations and structure employee severance arrangements They also work with the Firm s Bankruptcy Departm en t to handle problem s arising out of the relationship between labor and bankruptcy law General Employment Matters The Firm counsels and represents employers with respect to all aspects of the laws of trade secrets and unfair competition including the misuse of proprietary information by former employees noncompete provisions solicitation of employees and interference with contracts and business relationships The Labor attorneys advise clients with respect to structuring independent contractor relationships and in evaluating the potential liabilities which can arise from mischaracterizing employees as independent contractors They also conduct in house training and seminars concerning corn pliance with new ly enacted legislation and other issues of interest to the Firm s clients 91Commercial Transactions and Restructurings The Firm s bankruptcy lawyers advise on all aspects of bankruptcy and insolvency law including representation of secured creditors purchasers of distressed companies creditors committees bondholders equity committees and debtors in possession Clients include banks and financial institutions and companies in a variety of industries such as manufacturing and distribution real estate hospitality en tertainm ent retail and food products Bankruptcy Planning The Firm counsels clients with regard to their own financial difficulties and in avoid ing the pitfalls of p ending bankruptcies of their borrowers or business associates These planning services include structuring the purchase or sale of assets to or from financially distressed business entities advising on the tax consequences ofbankruptcy or property for and negotiating informal debt workouts with the creditors of fin ancially troubled clients The Firm consults with clients on various aspects of commercial transactions including attachment and perfection of security interests obtaining or demanding payment of letters of credit and repossession of or foreclosure upon real or personal property collateral and analyzing commercial transactions with a view toward minimizing the impact of a bankruptcy filing by another party to the transaction Bankruptcy Case Administration The Firm represents debtors in Chapter 11 reorganizations secured and unsecured creditors dissenting shareholders who wish to provide new direction and leadership for troubled companies creditors committees appointed by bankruptcy court and informal committees of bondholders The Firm s expertise ranges from single asset real estate cases to reorganization of m ulti million dollar operating businesses and restructuring of public debt Bankruptcy Litigation The Firm handles all aspects of bankruptcy litigation from claims objections and automatic stay litigation to complex lender liability matters related to bankruptcy proceedings This includes both the prosecution and defense of fraudulent conveyance preference and equitable subordination litigation The Firm assists commercial and industrial landlords and tenants to protect lease rights in a bankruptcy Workouts and Financial Restructuring The Firm s Workout and Financial Restructuring Group are a team of lawyers with specialized expertise in the restructuring of debt and equity financing both inside and outside of bankruptcy proceedings The workout team includes lawyers with expertise in real estate entertainment bankruptcy corporate matters tax and litigation The Firm has expertise in representing both lenders and borrow ers in complex workouts General Insolvency The Firm provides legal counsel in insolvency alternatives to bankruptcy including non judicial debt workouts assignments for the benefit of creditors receiverships and liquidations of partnerships and corporations I ti)Estate Planning The Firm s Probate and Estate Planning Departm ent assists clients with all aspects of estate planning probate and trust law Clients include owners of closely held businesses corporate executives entrepreneurs entertainers and high net worth individuals The department also serves as planned giving counsel for nonprofit organizations Estate Planning The Firm represents individual clients in estate planning and in the administration of estates trusts guard ianships and conservatorships This encompasses the implementation of estate plans that permit family wealth to be transferred at the low est possible tax and administrative cost disability planning through the use of durable pow ers of attorney for health care and asset management nominations of conservator of the person and estate and creation of funded revocable trusts It also includes the selection of the appropriate estate planning vehicles such as custodianships wills testamentary trusts and domestic and offshore revocable and irrevocable inter vivos trusts as well as liquidity planning to provid e for the payment of death taxes and costs of adm inistration through optimal use of the unified credit marital deduction life insurance and charitable giving The Firm also assists clients in maximizing use of the generation skipping transfer tax exemptions through lifetime and testamentary gifts and irrevocable life insurance trusts and the evaluation and implementation of sophisticated estate freezing techniques such as charitable split Interest trusts grantor retained interest tru sts installment sales corporate recapitalizations partnership freezes buy sell agreements family partnerships and specialized insurance protection Probate and Trust Administration The Firm handles the full range of probate and trust administration conservatorships guardianships and gifts pursuant to the Uniform Transfers to Minors Act The Firm s probate lawyers represent clients in will contests proceedings to determine heirship petitions to interpret wills and trusts and petitions to establish title to real and personal property They also handle complex estate and gift tax proceedings including audits and litigation before the Appellate Division of the Internal Revenue Service in the United States Tax Court and state and federal courts Planned Giving The Firm provides planned giving services for charitable clients such as hospitals educational institutions and community organizations Services to clients cover developm ent of planned giving guidelines assistance in prep aration of planned giving brochures prototype charitable trusts estate planning and planned giving seminars and all necessary proceedings before state and federal regulatory agencies including the Attorney General Commissioner of Insurance Franchise Tax Board and Internal Revenue Service /0 IPro Bono Greenberg Glusker has a long tradition of public service through pro bono activities The Firm encourages each lawyer to devote a portion of his or her time to pro bono service and other public interest activities The Firm is a recipient of the William 0 Douglas Award from Public Counsel a legal aid organization funded by the Los Angeles County and Beverly Hills Bar Associations Members of the Firm provide pro bono representation on cases referred by diverse legal and public interest groups such as Public Counsel Bet Tzedek Legal Services and the Westside Fair Housing Council Lawyers in the Firm frequently serve as small claims court or pro tern judges or arbitrators as part of the Firm s pro bono program They also serve as officers and directors of Public Counsel the Legal Aid Foundation of Los Angeles American Civil Liberties Union UCLA School of Medicine and other charitable and community organizations Pro bono projects the Firm has supported over the years include advising the developers ofa low income owner occupied housing project in South Central Los Angeles serving as general counsel to a Los Angeles based nonprofit organization that investigates discrimination complaints and monitors compliance with fair housing laws serving as co chair of the committee creating the Central District of Bankruptcy Mediation Program serving as general counsel to the Miracle Mile Civic Coalition representing numerous individuals who are the victims of housing insurance fraud representing a nonprofit mental health and drug abuse counseling center in its real estate matters advising the NRC stockpile committee regarding the disposal of chemical weapons representing Earth Corn munication Organization a nonprofit entertainment industry group which uses the media to educate the public on environmental issues representing political refugees seeking asylum and representing numerous educational Industry health care theatre and arts organizations including AIDS Project LA Lupus Foundation of America LA Goal Camp Pacific Heartland Prototypes and Caring for Babies with AIDS The Firm also encourages its lawyers to participate in state and local bar activities Members of the Firm are contributors to the Continuing Education of the Bar and other legal publications and are frequent lecturers before legal and other professional groups They serve as officers and section and committee chairpersons of the state and local bar associations ( 0-Nonprofit Organizations The rep resentation of nonprofit organizations has become an increasingly important p art of the Firm s practice The Firm represents a wide variety of nonprofit organizations including private and public charitable foundations membership and non membership organizations mental health anti drug abuse and AIDS treatment organizations business leagues schools environmental groups various civic and community organizations and a low income housing corporation Formation The Firm s business and tax lawyers assist nonprofit organizations in all aspects of organization and operation including selecting the appropriate form of entity drafting appropriate charter docum ents obtaining state and federal recognition of tax exempt status and organization of the board of directors and election of officers Operational Issues The Firm advises organization on numerous operating issues such as self dealing compliance with public solicitation regulations executive compensation conduct ofboard and committee meetings unrelated business taxable income (UBTI) regulation of investment activity and perm issible political contributions and lobbying activities The Firm also provides advice to charitable organizations in developing and implementing their planned giving program s (0J & M JONES & MAYER E9`, 9 MU 42 r ATTORNEYS AT LAW CITY 076 '61 1-, "' ?AGA., CITy"' 3777 NORTH HARBOR BOULEVARD • FULLERTON CALIFORNIA 92835 (714) 446 1400 • (562) 697 1751 • FAX (714) 446 1448 Of Counsel Michael R Capizzi February 1, 2005 Richard D Jones* Martin J Mayer Kimberly Hall Barlow Christian L Bettenhausen Cynthia W Blaylock Paul R Coble Thomas P Duarte Elizabeth R Feffer Elena Q Geri' Knsta MacNevin Jee Jeffrey B Love Thien Vu L Ngo Gregory P Palmer Dan L Peelman Harold W Potter Dean J Pucci Ivy M Tsai Consultant Mervin D Feinstein Steven H Staveley Yours trul ry P Palmer GPP/mlt uk closures *a Professional Law Corporation Carol A Schwab, City Attorney City of Culver City 9770 Culver Blvd Culver City, CA 90232 Dear Ms Schwab This letter is m response to your request for a Letter of Intent from our firm regarding our desire to continue providing contract legal services for the City of Culver City We understand that your office plans to bring this matter before your City Council in the near future We look forward to being included in your presentation This firm has provided contract services to the City of Culver City for the past three years Our proposed legal services mclude Consultation with the City Attorney's office as necessary on matters dealing with massage establishments and technician permits, police department issues and the Public Record Act Our rate is $1 5 00 per hour and our firm resume is enclosedLaw Office of Jones & Mayer Firm Resume The Law Office of Jones & Mayer specializes m public sector and law enforcement law issues, and is dedicated to serving governments and other public agencies throughout California The firm was formed by the merger of two highly-regarded legal offices, each with specialties in a variety of municipal issues Jones & Mayer offers expertise m virtually every area of public sector law, and is retained in advisory and representative capacities by nearly city, county and state agencies m California Richard D Jones and Martin J Mayer have spent most of their professional careers m the area of municipal law Likewise, their staff of experienced attorneys and "of counsel" associates are all experienced in many aspects of public sector law Together they form a highly-skilled team that concentrates exclusively on legal issues that affect municipalities and government agencies The members of the staff of Jones & Mayer represent a variety of disciplmes within the municipal law sector Many of our staff received experience working for municipal governments or agencies prior to entering private practice, and regularly put that experience to work m representing our clients m all legal matters Staff members also serve as advisors to law enforcement executives throughout the state Several regularly teach seminars, lecture and author articles on public sector legal issues Our "Of Counsel" associates are specialized consultants to the firm, who assist m matters relating to city prosecutor issues, internal investigations, administrative hearmgs, and litigation As with our staff, many of these attorneys had and/or have direct experience working m municipal law enforcement or legal departments OUR EXPERTISE Mumcipal Law Collectively, the staff of Jones & Mayer has more than a century of experience in public sector legal issues City Attorney Owner, Richard D Jones currently serves as City Attorney for the cities of Whittier, La Habra, Fullerton and Westminster Kimberly Hall Barlow of our firm serves as City Attorney for the City of Costa Mesa 105City Prosecutor The firm serves as City Prosecutor for 13 cities in Southern California Redevelopment The firm has negotiated agreements with major retailers, and has handled condemnation, relocation and housing set aside issues and serves as general counsel to two Redevelopment Agencies Water Law Jones & Mayer is expert m all areas of water-related legal matters Government Tort Defense in State and Federal Courts The firm has successfully defended dozens of cities and counties m State and Federal litigation involving police litigation, including officer involved shootings and negligence Training in Personnel and Labor Issues The firm regularly holds lectures, seminars and traimng on all of these issues Personnel Matters Jones & Mayer has advised many government agencies on these issues, and successfully represented them m administrative appeals, arbitrations and court proceedmgs Internal Affairs Investigations Several staff members have successfully conducted and/or analyzed hundreds of internal affairs investigations for both police and shenff s departments Labor Negotiations Jones & Mayer has effectively represented numerous municipalities m labor negotiations Drafting, Reviewing and Revision of Policy and Procedure Manuals The firm has reviewed, revised and/or developed manuals for more than 50 law enforcement agencies in California Americans with Disabilities Act (ADA) The staff of Jones & Mayer has the expertise to advise municipalities on the implications of this federal mandate Management/Operational Audits Jones & Mayer has conducted thorough audits on behalf of cities on their agency organizational structures and operating procedures (e g Internal Affairs process) Brown Act Mr Jones has extensive expertise on advising cities with information regarding the Brown ActKANE, BALLMER 8c BERKMAN A LAW CORPORATION 5)5 SOUTH FIGUEROA STREET SUITE 850 BRUCE D BALLMER LOS ANGELES CALIFORNIA 90071 (RETIRED) TELEPHONE (2)3) 617 0480 ROBERT P BERKMAN FAX (213) 625 0931 (1919 200)) Www kbblaw corn January 26, 2005 Carol A Schwab, City Attorney City of Culver City 9770 Culver Boulevard Culver City, CA 90232-0507 Re Your January 26, 2005 Request for a Letter of Intent Dear Carol This letter is in response to your request for a Letter of Intent from our firm regarding our desire to continue providing contract legal services for the City of Culver City We understand your office plans to bring this matter before your City Council in the near future We look forward to being included in that presentation and the opportunity to continue to provide exceptional and ethical services for your community Our firm has provided contract services for the City since November, 1989 We have also provided legal services as special and general counsel to the Culver City Redevelopment Agency since 1971 The types of services we have provided your City, and are willing and able to continue to provide as you and your decision makers decide appropriate, cover a full gambit of legal needs a Charter murncipality faces Over the last 16 years we have provided interim city attorney services for two separate periods from November, 1989 to March, 1990 and from March 1991 to October 1991, we have provided interim deputy city attorney services in 1996-97 and from 1998 to the present, and we have provided special counsel services for a multitude of subjects relating to local government law both transactional and litigation related We have provided the City prompt and efficient legal services for a variety of matters including the City Attorney Department Community Development Department the Public Works/Engineering Department, the Transportation Department, the Parks, Recreation and Community Services Department, the Personnel Department the Police Department, the FireCarol A Schwab, City Attorney January 26, 2005 Page 2 Department, the Information Technology Department, the City Clerk Department, the City Treasurer Department, the Admnustration Department, contract preparation and review, tort claim review the Public Records Act, the Brown Act, the Political Reform Act and election law We have also provided litigation services to the City in many of the same areas of law As also requested, please find enclosed a firm resume, as well as our suggested hourlybillmg rates We have provided ten copies of this letter and the enclosures, as well as the ongmal for your use If you desire more copies please let us know For additional information regarding our firm and its members, please visit our web site at www kbblaw coin Please let us know if you have any questions Thank you for our continued and future relationship Very truly yours KANE, BALLMER & BERKMAN|1010|Murray 0 Kane • "---rii6t-4-AAAA-'`"----- /I , one Enclosures tgFIRM RESUME GENERAL - The Firm is AV-rated with 12 attorneys and full support staff Since its inception in 1963, the Firm has specialized in providing legal services to redevelopment agencies, municipalities, development commissions, special districts and other public entities within and outside the State of California, primarily in the fields of municipal and redevelopment law In connection with this practice, the Firm also provides legal services in related substantive fields such as environmental procedures and determinations (CEQA and NEPA), hazardous waste litigation and remediation, land use and general real estate development and finance, the negotiation and drafting of development agreements on behalf of municipalities, assessment district creation, surety bonds and public works, municipal bonds, secuntization programs, property taxation and assessments, affordable and market- rate housing, eminent domain, general municipal and trial and appellate litigation relating to these subjects The Firm cunently represents approximately three dozen public entities, mostly redevelopment agencies and cities located in California A sample of current active clients of the Firm are Baldwin Park, Bellflower, Culver City, Huntington Beach, Inglewood, Los Angeles, Lynwood, Oceanside, Ontario, Oxnard, Palmdale, Palos Verdes Estates, and San Diego The Firm also engages in limited representation of private clients (generally property owners and/or developers) with redevelopment and related matters in cities that are not clients of the Firm It is the Firm's ovemding objective to assist and provide each of its clients with the level of activism most appropnate and useful to the client in order for that client to accomplish its myriad goals and objectives This is accomplished by drawing upon the diverse and vaned experiences of the attorneys of the Firm The Firm has expertise in matters important to the implementation of land use and redevelopment plans, including zoning, general and community plans, subdivision and tentative mapping, the property and sales tax system, the conceptual and practical aspects of tax increment financing and the sharing of property tax by law or agreement among public entities, the methods of obtaining developer advances and payments for governmental purposes, bond or assessment districts and various other financial alternatives available for capital outlays, and real estate debt and equity financing and security While our Firm does not act as bond counsel, pei se, we have acted as special counsel for many public bodies with direct|1010|( 01involvement in formulating plans and the essential structure and ten is for bond issues In this capacity we have been responsible for coordinating the issuance of bonds with the overall objectives of a redevelopment plan The Firm has also helped to structure activities involving state and federal financing programs such as CHFA, CDBG, UDAG, HODAG and HOME, as well as tax credits and syndication financing The Firm also has broad expertise in environmental law including state and federal hazardous waste/toxic material liability, risk programs, and remediation guidelines Moreover, the Firm has substantial experience in handling environmental matters involving the California Environmental Quality Act which serves to protect the California environment through the utilization of certain environmental assessment measures The Firm's litigation practice coordinates directly with and facilitates the transactional activities of our clients In the area of eminent domain, the Firm has been able to successfully bring its expertise to bear on various condemnation and calculation issues peculiar to municipal projects The same is true for the various land use, municipal and environmental matters handled by the Firm In litigation, the Firm takes a flexible and pragmatic approach to solving clientsn problems The Firm has handled complex and precedent setting issues at both the trial and appellate levels of advocacy RENDERING LEGAL ADVICE AND OPINIONS - For over 30 years, the Firm has been continuously and actively involved in providing general legal services to cities and redevelopment agencies in all areas of the law The Firm has provided expert legal advice and consultation to council members, redevelopment agency members, officials and staff, city attorneys and other city staff in all areas of the municipal and redevelopment law and related areas of federal, state and local laws In addition, Kane, Ballmer and Berkman closely monitors all changes in the law, and annually prepares and disseminates to local officials throughout the State its publication 'California Community Redevelopment Law and Statutes Referenced Therein" which contains an updated edition of the Community Redevelopment Law and related statutes The Firm provides legal advice to its clients on the basis of thorough research and with an understanding of and sensitivity to the needs of the client Because the Firm represents so many other public agencies throughout the State, each client agency benefits from the experience gained by the Firm in other cities|1010|10DRAFTING AND PREPARATION OF LEGAL DOCUMENTS - The Firm has participated in some of the most significant and complicated public- private real estate transactions in the State, requiring sophisticated and thorough research and documentation of all aspects of the deal The Firm provides advice to local governments as to all legal requirements, and the necessary and desired form of documentation, and, as requested, prepares documents or reviews documents prepared by staff or city attorneys Examples include the following - Documents for the acquisition of property, by acquisition exchange or eminent domain - Relocation agreements meeting all requirements of the Uniform Relocation Act and State law, ranging from the most routine relocations to the extraordinary, such as the relocation of a skid row mission in downtown Los Angeles - Replacement Housing Agreements, involving a wide range of circumstances, from the replacement of a single unit through the phased replacement of over 1000 units (the Los Angeles Convention Center Expansion) - Management of acquired property, including leases, management agreements and rights of entry - Demolition, clearance and removal of buildings, including research and written advice relating to the legal requirements applicable to such contracts, and the implications of CEQA on demolition within redevelopment project areas - Installation, construction or reconstruction of streets, utilities or other site improvements In this area, the Firm was instrumental in establishing the legal principle that privately owned utility companies must relocate their facilities at their own cost, when necessary for redevelopment Our position was adopted by the United States Supreme Court in Noifolk Redevelopment and Housing Authoi ity v Chesapeake and Potomac Telephone 464 U S 30, 78 L Ed 2d 29 (1983), in which we participated as anzicus Cu! me|1010|IIIREAL ESTATE TRANSACTIONS - In this area, virtually all of the key legal documents used throughout the State by redevelopment attorneys are based on forms developed by the Firm, as to concept, name, form and content This includes Cash Depository Agreements, Exclusive Negotiation Agreements, Owner Participation Agreements, and Disposition and Development Agreements In addition, the Firm has established key legal procedures which must be carried out well in advance of drafting these documents, such as the implementation of the owner and tenant participation process in such a manner as to satisfy the spirit and content of owner participation rules without sacrificing expeditious project accomplishment Also important is our extensive experience in conceiving and negotiating risk, cost and cash flow allocation between the Agency and the private sector in these transactions, including acquisition of land, parking facilities, public improvements, relocation and replacement housing Our Firm has thorough knowledge of the needs of developers, the bond market, lenders, title companies, owners, tenants, etc, so that the real estate transaction documents, once negotiated and approved by the Agency, will survive as workable documents throughout the planning, financing, construction and use and operation phases The Firm has negotiated and drafted the most complicated agreements, including such DDAs as the California Plaza (Los Angeles Bunker Hill), Horton Plaza (San Diego) and the Navel Training Center (San Diego) projects, and the leases and other documentation for the Santa Clara Trade and Convention Center, as well as DDAs, OPAs and similar agreements relating to every sort of project in which a redevelopment agency may be involved In that context, we have established the principle that redevelopment agencies may convey property exempt from the requirements of the State Subdivision Map Act, we have convinced title companies to insure title upon conveyance to developers on the basis of Orders of Immediate Possession, and have prepared documents relating to every kind of transaction affecting redevelopment agencies The Firm has developed court-tested language which has enabled our clients to make offers to buy property which comply with the applicable legal requirements protecting the owners, yet shielding the agency from hazardous materials liability, provided a basis to reduce offers, purchase prices, and court deposits foi orders of immediate possession and judgments to reflect the cost of cleaning up contamination, and generally to compel owners, some of whom aie unwilling sellers, to comply with their responsibilities under State and Federal laws The Firm evaluates and advises our clients regarding all stages of CEQA compliance in real estate transactions We have fashioned an administrative 4practice to implement Public Resources Code § 21090, which permits an agency to rely on a redevelopment project environmental impact report for many of its discretionary implementation activities We have prepared, and our clients have adopted and used, local environmental guidelines tailored foi redevelopment agencies, and special forms of initial studies and resolutions We have substantial expenence in implementing CEQA requirements with the sometimes frenzied pace of real estate transactions in such a manner, with sufficient advance consultation, so as to provide our clients with the means to satisfy CEQA and be able expeditiously to carry out their program Our techniques and procedures have withstood court challenges EMINENT DOMAIN - Because eminent domain arising in the redevelopment setting presents certain unique issues such as owner participation, presumptions concerning public use and necessity, redevelopment project enhancement [and correlative blight], goodwill [and its conflict with relocation], the Firm is uniquely positioned to provide advice on transactions with eventual eminent domain in mind All of our experience with plan adoptions, CEQA, and real estate transactions comes into play in advising our clients in connection with property acquisitions and eminent domain Planning for property acquisition by local governments begins long before an acquisition target is identified Agreements with developers must be structured so as not to obligate the agency to use its condemnation power in such a manner that would lead to a conclusion that the findings made in the resolution of necessity were prejudged CEQA compliance is also a factor, as failure to comply with CEQA can be the basis for a challenge to the agency's right to take property The owner participation process, with which we are also experienced, is key in avoiding defenses to the right to take and also in fostering an atmosphere that makes property acquisition without filing an eminent domain action possible in many cases In many instances, our clients have been able to acquire property without having to adopt a resolution of necessity or file an eminent domain action The Firm has reviewed and advised on such matters as initial valuations and offers, relocation assistance, title questions and settlement discussions We have extensive experience in working with appraisers, right-of-way agents and relocation consultants to maximize the likelihood of voluntary acquisition of property Experience has shown that many potential obstacles to a smooth and successful acquisition process arise prior to the filing of an action, some even prior to the adoption of a Resolution of Necessity Accordingly, the Firm works with clients|1010|113to review and advise on actions leading towards the possible authorization of condemnation to ensure compliance with statutory and decisional requirements and guidelines The Firm has successfully obtained, defended and enfoiced orders of prejudgment possession, as well as challenges to the right to take arising out of challenges to the owner participation process, environmental review and compliance with Government Code § 7267 2 [adequacy of offer] We have convinced title companies to insure title upon conveyance to a developer on the basis of court orders entitling the condemnor to possession of the property The Firm has been successful in assuring that its clients pay no more than fair market value for acquired property by its use of project enhancement analysis, by use of redevelopment plans to defeat the contention of a reasonable probability of rezoning, by using relocation payments as offsets against goodwill payments, and by using the presence of hazardous materials as an offset against the ultimate valuation award and court deposits for possession We have also assisted clients in using eminent domain to remove leases, liens, covenants and other encumbrances that prevented effective redevelopment of real property Where efforts at settlement have failed, the Firm has been able to obtain favorable jury verdicts for its clients, enabling them to proceed with the business of redevelopment at a fair price and in an expeditious manner June Aim, the lead attorney for this assignment, has solid trial experience in eminent domain cases involving right-to-take issues, property valuation (by far the most common issue), entitlement to compensation for loss of goodwill, probability of change in use or zoning, precondemnation (or Kloppmg) damages and environmental remediation issues Trials in which Ms /Um has played a significant role have resulted in jury verdicts below the condemnor's final offer In one particularly hotly contested case involving a claim for substantial damages for loss of goodwill, following two days of Ms Ailin's cross-examination of the property owner's goodwill appraiser, the jury returned a verdict of zero for loss of goodwill In cases in which the jury has found the property owner's appraiser more credible, we have had significant success in opposing property owners' motions for attorney's fees, minimizing or entirely avoiding awards of attorney's fees to property owners In addition, we have worked cooperatively in the past with members of several city attorney offices on eminent domain cases, providing research and arguments regarding project enhancement issues that were effectively used to produce verdicts favorable to the agency Our experience in eminent domain also extends to the courts of appeal, where we have represented clients in issues ranging from entitlement to compensation for|1010|kv\loss of goodwill, to the question whether the condemnor may delay payment aftei judgment Complementary to its eminent domain practice, the Firm has successfully defended clients against claims of inverse condemnation claims, including claims based upon Health & Safety Code § 33399 LITIGATION PROTECTION - The Firm has broad expenence in all types of litigation affecting municipalities and redevelopment agencies, including inverse condemnation, personnel discipline, validation actions, CEQA challenges, eminent domain, breach of contract, tort claims and mandamus relating to tax increment, housing, and other issues While extraordmanly successful in protecting its clients' nghts in court, the Firm recognizes the burdens that litigation places upon a public agency's financial resources, as well as its ability to achieve its goals Accordingly, the Firm takes a pro-active settlement view towards most issues not impacting upon an agency's ability to operate effectively Primary concern of the Firm is to position the litigation so as to allow the client to accomplish its objectives in the most efficient and economical way without risk to future endeavors|1010|115FIRM RATES RATES BY CLASSIFICATION Senior Principal (Partner) Principal (Partner) Senior Counsel Senior Associate Associate $200/hour $200/h our $200/h our $160/hour $145/hour CLASSIFICATION AND RATES OF ATTORNEYS Senior Principal (Partner) Senior Principal (Partner) Senior Principal (Partner) Senior Principal (Partner) Senior Principal (Partner) Senior Principal (Partner) Principal (Partner) Senior Counsel Senior Associate Associate Associate Associate Murray 0 Kane Glenn F Wasserman Joseph W Pannone Royce K Jones Stephanie R Scher June Min Susan Y Apy Donald P Johnson Deborah L Rhoads Michael Gonzales Bryn M Morley Shannon McWhinney $200/hour $200/hour $200/hour $200/hour $200/hour $200/hour $200/ho ur $200/hour $160/h our $145/hour $145/hour $145/hour Reimbursement of travel, subsistence, and other out-of pocket expenses authorized by the Agency in connection with the performance of duties under the agreement would include, along with any other such expenses (1) The amount of the actual cost of transportation by common carrier or at the per mile rate established by the IRS, if travel is performed by privately-owned vehicle, (2) Subsistence expenses, supported by detailed records in the amount of actual cost, i 1 (o(3) Taxi fares, long distance telephone calls, and similar expenditures in the amount of the actual cost, and (4) Duplication costs for all copies in excess of first copy at cost of twenty-five cents ($0 25) per page, One dollar ($1 00) per page for facsimiles Counsel shall not be reimbursed for secretarial or typist services for normal office operating expense Counsel shall be reimbursed for actual litigation costs, fees and expenses, such as filing fees, expert witness fees, charges for service of process and costs of investigation 111Carol Schwab City Attorney City of Culver City 9770 Culver Blvd Culver City, CA 90232 r LIT 1 CF LITY www lcwlegal corn 6033 WEST CENTURY BOULEVARD SUITE 500 Los ANGELES CALIFORNIA 90045 T (310) 981 2000 F (310) 337 0837 LIEBERT CASSIDY WHITMORE A PROFESSIONAL LAW CORPORATION I._ e November 28, 2005 153 TOWNSEND STREET SUITE 520 SAN FRANCISCO CALIFORNIA 94107 r T (415) 512 3000 F (415) 856-0306 „ 05 DEC -5 AM II 02 Re Agreement for Special Services Dear M chwab Cod.° This letter is to notify you that we are increasing our billing rates effective January 1, 2006, for all matters This increase reflects the need to keep our client rates fair, while offering the best possible legal representation The top hourly rate for Partners for the 2006 year will increase from $250 00 to $260 00 The top hourly rate for Associates for the 2006 year will increase from $200 00 to $210 00 The top hourly rate for Of Counsel for the 2006 year will increase from $225 00 to $235 00 The top hourly rate for Paralegals for the 2006 year will remain at $95 00 For further clarification, a detailed schedule of hourly billing rates is attached We are enclosing a new Agreement for Special Services between the City and Liebert Cassidy Whitmore because either the existing contract with the City is outdated or we do not have a fully executed contract The Agreement provides ranges of rates so that if we increase our rates over the next few years we will not have to execute a new contract Please follow your Charter m designating the correct person to sign the Agreement Upon its full execution, please return a copy of the Agreement to our Los Angeles Office We appreciate the opporturuty to provide legal services to the City If you have any questions regarding this notice, or any other matter involving our Legal Services Agreement, please do not hesitate to contact me directly Sincerely, LIEBERT CASSIDY WHITMORE Melanie Potunca Managing Partner EnclosuresLiebert Cassidy Whitmore Billing Rates - 2006 Partners Bilhnz Rate Associates Bz!him. Rate Bruce Barsook 260 Sergio Bent 210 Richard Bolanos 260 Steve Berliner 210 Debra Bray 260 Donna Evans 210 Peter Brown 260 Jack Hughes 210 Dan Cassidy 260 Deborah Leon 210 Mary Dowell 260 Mark Meyerhoff 210 Jeffrey Freedman 260 Geoff Sheldon 210 Linda Jenson 260 Richard Kreisler 260 Adnanna Guzman 200 John Liebert 260 Arlin Kachalia 200 Cynthia O'Neill 260 Jason Lee 200 Melanie Potunca 260 Hu Morin 200 Irma Rodriguez-Moisa 260 Laura Schulkmd 260 Carla McCormack 195 Scott Tiedemann 260 Richard Whitmore 260 Jolena Abrena 190 Brian Walter 260 Jill Babington 190 Donna Williamson 260 Michael Blacher 190 Roger Crawford 190 Of Counsel Greg Groeneveld 190 Ruth Graf-Urasaki 235 Laura Kalty 190 Labor Relations Professional Jennifer Hong 185 Robert Bendorf 160 Gabnelle Korte 185 Kermit Francis 160 Mala Kapadia 170 Paraprofessionals Angela Perry 170 Susan Bryan 95 Megan Wallace 170 Tracy Glanton 95 Misty Jones 95 Connie Chuang 160 Jean Springer 95 Didier Reiss 160 Kelly Tuffo 160 1 1i, ' I • I ,tboid [I'm :urri (lily Sf '‘'S WI/ d DOC// A Links Contort" Homyurriculuin /t Christine Masters and Alan Ribakoff established Masters & Ribakoff in 1993 by merging then highly successful employment and corporate law ractices Katherine T Edwards, a specialist in employment law, joined the inn shortly after its inception Each of us holds a depth and breadth of owledge and experience in employment, corporate and business law that is difficult to match Recognized leaders in providing high quality ADR services, we have acted as neutral mediators, aibitrators and fact-finders in ynad disputes involving public employers, private business enterprises, rom small family owned to laige Fortune 500 companies, and non-pi ofit and governmental entities, including local municipalities and state agencies As of July 1, 2004 Masteis & Ribakoff was chosen to spearhead the mployment Group at ARC In addition to serving on the Employment and Commeicial Panels of the American Arbitration Association ("AAA"), we now each provide our neutral services through Alternative Resolution enters ("ARC") with locations in Los Angeles (Brentwood and downtown at Macy's plaza), Long Beach, Ventura, Riverside, Orange County, San iego, San Francisco, Seattle, and Las Vegas For your convenience, we ave provided direct links to the AAA and ARC websites Syn Prm if DOC! i cif's Links NOM('Since 1994, we have been frequently chosen as independent fact findeis by employers and counsel to investigate claims of woikplace misconduct thioughout the Western United States Recently, Masteis & bakoff was invited to join a select pool called upon to investigate discrimination and harassment complaints against top elected officials in he City of Los Angeles The investigating partner is responsible foi evelopmg a ieasoned plan to collect ielevant infoimation and foi -xecuting the plan in the most non-intrusive and efficient mannei sossible Legal experience and expertise qualify us as fact findeis committed to a fan, impartial and thorough evaluation of facts, upon hich important decisions maybe based We aie increasingly being asked to tiansition from out role as neutral fact finder to mediatoi, assisting parties to resolve the issues that weie being investigated As investigators, we often gain significantly mole information than others involved and usually have insight into the souice of the conflict, as well as ideas foi possible solutions We are also exploring new ways to esolve workplace disputes using organizational mediation and facilitation techniques by which we work directly with those involved in conflict to identify the pioblem and develop and implement durable solutions which sustain improved working relationships tAboitt the 1 Curriculum Vitae 11 ices .1"rovided Docunulits Articles Links Co.ntact Home Since the inception of oui mediation practice in 1995, we have successfully resolved hundieds of disputes throughout Califoinia We ecogmze and address the diverse needs of counsel, parties, insui ance carriers and others mvolved in a given dispute A sophisticated yet •ractical approach, including the use of pre-mediation and post- ediation conferences with counsel, has earned Masters & Ribakoff a ational i eputation for quality, creativity and efficiency Dining ediation, settlement is facilitated by encouraging candid discussions and thoughtful consideiation of each party's arguments and Intel ests As a lesult of our substantive legal expertise, we are able to assist participants o critically evaluate their positions and settlement expectations Each of us has developed a remarkable sensitivity to the emotional trauma of • isputes, enabling us to connect with the parties and establish tiust It is s connection that helps the participants to be receptive to the ediator's input Thus, the parties are able to iecognize the risks of non- settlement and protracted litigation and make informed decisions, as to whether, and on what terms, settlement might be achieved Ultimately, we can offer creative solutions and alternatives that allow the parties and counsel to reach resolution or, at a minimum, stieamline the piimary ssues to be litigated Agreement to Mediate Mediation Fee / Cancellation PolicyWe provide arbitration services thiough the American Arbitration • ssociation ("AAA") and Alternative Resolution Centers ("ARC") I xpenenced Masters & Ribakoff Case Administrators at both AAA and ARC are dedicated to insuring that the piocess runs smoothly and that ' articular needs of any participant are promptly and fully addiessed We are each committed to maintaining the highest levels of neutiahty, integrity, and objectivity in arbitration As such, we embrace the Due I'rocess Protocol endorsed by such organizations as the American Bai • ssociation, the Federal Mediation and Conciliation Service, the I atonal Employment Lawyeis Association, and the American Civil I iberties Union 'lease note that our Arbitration Fee / Cancellation policy is attached and can be downloaded if you wish Arbitration Fee / Cancellation Policy• 411 : Jor|109|1 )c;1--fe P-41‘ (IT J !*,311f.1,11.11rN Ylq LW11,7 rt--1 ft; , . 0:15 t1r,.4,1 41 1 ?i n - •••• • ' _ tn:Ita '41.11 r , S y ' PI piAbout the Firm Curricuhtm Vitae Smokes Provided Documents Articles Links Can act Home ‘1.1n : pi VV ..., plu . Vi . . - grAv UgiPit 911,.;:t r ...dlr., - r ) Ariel t.,)1! VT* ' ' r. I . iri f . 73270:,:"11.re'n,raz6 ir.fJ t4 trirr 4.271- r r-41 1,0,0& HARBER, LLP DAN k JOHN MCCUNE STEPHEN M HARBER LOUIS E MARINO JR BARRY BOOKBINDER KRISTINE J EXTON KENTON E MOORE MICHAEL J PEFFER GARRETT J HINES MAUREEN A GRISANTI WILLIAM J LENEHAN A ROMAN PACHECO MARGARET JARAMILLA JESSICA 0 GILLETTE ANTHONY J BEJARANO MCCUNE & HARBER A LIMITED LIABILITY PARTNERSHIP MELLON BANK BUILDING 400 SOUTH HOPE STREET SUITE 720 Los ANGELES CA 90071 October 13, 2005 050cT /7 Attie 33 I - T 7- "Tbiee C2,I-3 250. ry 0 intr.; Fax (213) '2501 crr /7 • SENDER S EMAIL ADDRESS dmccune mccuneharber corn Carol A Sunwao, Esq City Attorney City of Culver City 9770 Culver Boulevard Culver City, CA 90232 Re Fee Increase Dear Ms Schwab In following up on our recent telephone conversation, this will memorialize that this firm is requesting an increase in legal fees Specifically, we request an increase to the following rates Partners $185/hr Associates $ 175/hr Paralegals $ 85/hr As you are well aware, it has been approximately five years since our last increase Due to our special relationship with the City of Culver City, we have managed to maintain these City rates 1u r than those of every other city and school distnct represented by this firm The disparity has grown considerably with the passage of time Moreover, our rates are now well below those of 'the market value ' of our similarly situated law firms and attorneys Your efforts and the consideration of the City Council as to this issue m the immediate future are most appreciated Very truly yours, DANA JOHN McCUNE DJM he )Cs \DJM ADM \Cor\Schwab Fee Increase doc 12/-Le3 C|1010|McCUNE & HARBER FIRM RESUME Mellon Bank Building 400 South Hope Street Suite 720 Los Angeles, California 90071 (213) 689-2500 (213) 689-2501 faxINTRODUCTION McCune & Harber represents local, regional, and national clients The firm s office is located in the center of the Los Angeles financial district This allows us to service clients throughout Southern California, including Los Angeles, Orange, Ventura, Santa Barbara, Riverside, San Bernardino, and San Diego Counties McCune & Harber actively specializes in public entity defense, encompassing personal injury, discnmination and employment-related litigation The firm's representation is substantially on behalf of public entities, businesses, insurance companies, their insureds, and self-insuring organizations McCune & Harber is proud of its emphasis on service to its clients and has the expenence necessary to provide them with continued superior legal representation AREAS OF PRACTICE • Public Entity Defense McCune & Harber represents a large number of public entities, including municipalities and school districts, throughout Southern California In this context, the firm has represented public entities in personal injury, wrongful termination, discrimination, civil rights, and property damage litigation, as well as administrative proceedings It has developed the specific expertise necessary to properly guide a case through this complex and unique area of public agency practice Representative Clients ABC Unified School District Arcadia Unified School District Azusa Unified School District Baldwin Park Unified School District Bassett Unified School District Beverly Hills Unified School District Burbank Unified School District Centmela Valley Union High School District Cemtos Community College City of Culver City City of Downey City of Fontana City of Los Angeles City of Lynwood City of Manhattan Beach 1 elCity of Montebello City of Pomona City of Redondo Beach City of West Covina El Rancho Unified School District Fontana Unified School District Glendale Unified School District Glendale Community College Glendora Unified School District Hueneme School District La Canada Unified School District Las Virgenes Unified School District Long Beach Community College District Monrovia Unified School District Newhall Unified School District Newport-Mesa Unified School District Norwalk/La-Mirada Unified School District Orange Unified School District Orange County Office of Education Oxnard Union High School District Palm Spnngs Unified School District Placentia-Yorba Linda Unified School District Pomona Unified School District Redlands Unified School District Rialto Unified School District Rio School District Riverside County Office of Education Riverside Unified School District Rowland Unified School District San Bernardino Community College District San Bernardino Unified School District San Manno Unified School District Saugus Unified School District Temecula Unified School Distnct Tustin Unified School District Ventura Community College District West Covina Unified School District Various Joint Powers Authorities * Special litigation counsel to the ICRMA (representing and defending over 50 cities and 100 school districts)• Wrongful Termination, Discrimination, and ADA Claims Representative Clients Business and Commercial Litigation Representative Clients General Liability Representative Clients McCune & Harber has considerable experience m this area of law and has defended in state and federal courts both private and public entities against these claims, as well as claims of employment-related age, race, disability, and sex discnmination Our experience extends through trial, as well as the state and federal appellate courts Available upon request YMCA of Metropolitan Los Angeles Roman Catholic Archdiocese of Los Angeles Starbucks Coffee Company Blockbuster, Inc Hilton Hotels Storage, USA McCune & Harber is extensively involved in the defense of general liability matters such as motor vehicle collisions, premises liability, simple negligence actions, fire loss, road design, and civil nghts claims The Home Depot Twentieth Century Fox Westin Hotels Starbucks Coffee Company Blockbuster, Inc Roman Catholic Archdiocese of Los Angeles Roman Catholic Diocese of Orange Hilton Hotels Trader Joe s 131PROFESSIONAL QUALIFICATIONS Dana John McCune Personal Born June 17, 1953, Long Beach, California Education Bachelor of Arts Degree (magna cum laude), University of California at Los Angeles, 1975 Phi Beta Kappa, scholastic honor Phi Gamma Mu, scholastic honor Juris Doctor Degree, Loyola Law School, 1978 Recipient of Loyola Honorary Scholarship for Excellence m The Study of Law Recipient of the American Jurisprudence Award Winner of Wilshire Bar Association Annual Academic Scholarship, Professional Experience 1978 to 1980 Associate m the law firm of Garber & Rudof 1980 to 1983 Associate, Lynberg & Watkins 1983 to 2001 Partner/Shareholder, Lynberg & Watkins, A Professional Corporation, specializing m general litigation and the defense of municipalities and school districts 2001 to present Partner, McCune and Harber, LLP 2003 and 2004 Selected as a "Superlawyer" by Los Angeles Magazine Publications "Defending Multi-Plaintiff Toxic Tort Cases," 26 For the Defense 12 (Dec 1984) Author of quarterly Verdict magazine appellate law reports ("Green Sheets") Professional Affiliations Board of Directors, Association of Southern California Defense Counsel American Board of Trial Advocates (ABOTA) American Bar Association Member of Litigation Section and Employment and Labor Section National School Boards Association, Council of School Attorneys California Schools Boards Association, Council of School Attorneys Los Angeles County Bar Association, Tnal Lawyers Section, Employment and Labor Section, and State and Local Government Section Defense Research Institute Amicus Committee Co-Chairperson of Association of Southern California Defense Counsel Bar Memberships United States District Court for Central District, California State Bar of California 1'57,Stephen M Harber Personal Born November 3, 1959, Lawton Oklahoma Education Bachelor of Science, University of Southern California, 1981 Juns Doctor, McGeorge School of Law — University of the Pacific, 1985 Member, Pacific Law Journal Member, Moot Court Honors Board Professional Experience 1985 to 1992 1992 to 2001 2001 to present Associate, Lynberg & Watkins Partner/Shareholder Lynberg & Watkins, A Professional Corporation, specializing in general civil litigation, emphasizing defense of private corporations and public entities, product liability, wrongful termination and discrimination actions Partner, McCune and Harber, LLP Publications "Releases Reconsidered," The Verdict, 1991 "Withholding Food and Water from a patient — Should It Be Condoned in Califorma?" 16 Pacific Law Journal 877 (1985) Professional Affiliations State Bar of California United States District Court — Northern, Central, Eastern and Southern Districts of California Ninth Circuit Court of Appeals Association of Southern California Defense Counsel Other Activities Board of Directors, Childcare International Arbitrator, Los Angeles County Judge Pro Tempore, Orange County Speaker at various seminars regarding general litigation practice and insurance coverage I3IVAKristine Exton Personal Born January 26 1966, Palm Springs, California, admitted to bar 1992, Califonua U S District Courts, Central and Eastern Districts Education Claremont McKenna College (B A , Economics/Philosophy, 1988), Western State University, College of Law (J D, 1992) Member State Bar of California Los Angeles County Bar Association Kenton E Moore Personal Born May 8, 1958, Long Beach, California, admitted to bar 1989, California, 9th Circuit Court of Appeals, U S District Court, Central District Education California State University, Northndge (B 5, 1985) University of LaVerne (J D, 1989) Member State Bar of California Southern California Defense Counsel Barry L Bookbinder Personal Born August 6 1963, Encino, California, admitted to bar 1990, California, Ninth Circuit, all California Ti S District Courts Education University of California at Los Angeles (B A, English 1986), Loyola Law School (J D 1990) Member State Bar of California Los Angeles County Bar Association American Bar hissociation 135Michael J Peffer Personal Born May 21 1957, Los Angeles, California, Litigation Adjustor, specializing in defending claims against non-profit corporation (1988-1998) admitted to bar 1997, California, U S District Courts, Central District Extensive experience defending and advising religious and institutional entities Education Simon Greenleaf University, School of Law (J D Cum Laude, 1995) Member State Bar of California Association of Southern California Defense Counsel Garrett J Hines Personal Born May 22, 1973, Los Angeles California, admitted to bar 1998, California, U S District Courts, California Education University of California, Los Angeles (B A, 1995), University of Southern California, School of Law (J D, 1998) Moot Court Honors Program Member State Bar of California William J Lenehan Personal Born October 21 1964 California, admitted to bar 1994, California Education University of California at Santa Barbara (B A 1987) University of Oklahoma (J D 1994) Member State Bar of California (Litigation and Public Law Sections) Los Angeles County Bar (Labor and Employment Law Sections) 13(oA Roman Pacheco Personal Born March 13 1971, Glendale, California, admitted to bar 1998, California, U S District Courts, California Education Temple University, Magna Cum Laude (B A, 1995) University of Southern California, School of Law (J D, 1998) Member State Bar of California Margaret A Jaramilla Personal Born December 21, 1973, Long Beach, California, admitted to the bar, 2000, California, U S District Court, Central Education University of Notre Dame (Bachelor of Arts, Sociology, 1996), Golden Gate University School of Law (Juns Doctor, 1999) Member State Bar of California Los Angeles County Bar Association Jessica 0 Garcia Personal Born December 26, 1973, Batangas, Philippines, admitted to the bar 2002, California Education University of California at Davis, (B A, 1996) University of San Francisco, School of Law (J D , 2000) Member Los Angeles County Bar Association American Bar Association State Bar of California Central District of U S District Court Philippine American Bar Association 131Anthony J Beiarano Personal Born May 10 1977, Baldwin Park, California, admitted to the bar 2002, California, U S District Court, California Education Georgetown University (B A, 1999) University of San Diego School of Law (J D , 2002) Member of Moot Court Board Member State Bar of California Ghassan 0 Hasan Personal Born May 11, 1973, Youngstown Ohio, admitted to the bar 2002, California Education Howard University, School of Law, Washington DC (JD 2001) University of Maryland (Masters, 2001) UCLA (BA 1996) Member State Bar of California American Bar Association