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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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• 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
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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
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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
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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
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ea
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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|10 10|5M128 PM 5 17
FIRM PROFILE AND RATE SHEET :IT A
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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|10 10|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
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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
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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
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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
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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