Matters Pending before the California Supreme Court

Silverbrand v. County of Los Angeles (representing defendants; issue: Does the “prison-delivery” rule -- that a prisoner’s notice of appeal is deemed filed when given to guards for mailing to court -- apply to prisoners’ civil appeals?)

Sprint PCS Assets, L.L.C. v. City of Palos Verdes Estates (representing defendants; issue: the Ninth Circuit Court of Appeals has requested that the California Supreme Court decide whether California law permits public entities to regulate the placement of telephone equipment in public rights of way on aesthetic grounds.)

Matters Pending Before the California District Courts of Appeal

Ovando v. County of Los Angeles (representing defendants; issues: Is a jury’s verdict in a legal malpractice action allocating 0% fault for a false conviction to police officers who framed the plaintiff, and 100% to the plaintiff’s public defender, grounds for new trial? In a Rampart-related case, is a juror’s assertion that she knows nothing about the Rampart scandal -- despite previously acting in a movie about Rampart -- juror misconduct requiring a new trial?)

County of Los Angeles v. Aetna Casualty & Surety Co., et al. (representing plaintiff; issues arising out of the County’s claim to its property insurers arising out of the 1994 Northridge Earthquake.)

Her v. Gallegos (representing defendant; issue:  When a jury in a personal-injury case is deciding the reasonableness of medical bills, is the defendant entitled to present evidence to the jury that the health care providers accepted less than full payment for those bills?)

Olsen v. Reid (representing defendant; issue:  In a proceeding to reduce a personal injury plaintiff’s medical-damages recovery to the amount actually paid, who has the burden of proof on actual payment?)

Lockhart v. County of Los Angeles (representing defendant; issue:  Does alleged failure to comply with advisory and facility rules and policies exempt a public mental health care facility from statutory immunity for patient injury?)

Licudine v. Gallegos (representing defendant; issue:  Is a plaintiff whose case is dismissed because he does not appear for an order to show cause hearing, but who purportedly did not receive notice of the dismissal, entitled to seek relief from the dismissal over a year after dismissal?)

Isaac v. County of Los Angeles (representing defendant; issue:  if a plaintiff and defendant stipulate to a date beyond the statute of limitations for plaintiff to file suit, and plaintiff files later than that date, is the suit time-barred?)

Rahe v. Nationwide Mutual Insurance Co. (representing defendant; issue:  In an uninsured motorist arbitration, does the arbitrator act within his powers in applying an affirmative defense that the insurer did not assert in his brief?)

Allstate Insurance Company v. Mercury Insurance Company (representing plaintiff; issue: Does an excess “other insurance” clause in a non-owner’s uninsured-motorist policy trump a pro rata clause in the owner’s uninsured-motorist policy?)

Sanders v. County of Los Angeles (representing defendant; issue: Did the court properly grant nonsuit against the plaintiff in a medical malpractice lawsuit when he failed to timely amend his expert designation?)

TIG v. Smolker (representing cross-defendant insurer; issue: Does the guest medical protection coverage under and insured's condo owner's policy extend to injuries residents of another unit sustained, where the injuries allegedly arose from a condition on an area immediately adjoining the insured premises?)