News & Insights

January 18, 2019

Following almost two years of litigation, the Fresno office of WSHB has obtained the dismissal of a firm client from two consolidated class action complaints. Both the Micheli and Flannery actions were filed in the Fresno County Superior Court and alleged that the City of Fresno and its contractors were responsible for adverse water quality throughout North East Fresno, damaging resident’s plumbing systems. The proposed class would have included tens of thousands of homes. Our client was a contractor to the City that was alleged to have contributed to corrosion by failing to follow industry standards when installing water meters in thousands of locations. Following initial discovery, WSHB filed a motion for summary judgment arguing that none of the named plaintiffs could prove that our client had performed work on their property. The proposed class representatives therefore lacked both standing and evidence of causation. The motion further argued that under the case of Baltimore Football Club, Inc. v. Superior Court (Ramco, Inc.) (1985) 171 Cal.App.3d 356, 359, the named plaintiffs lacked standing to sue our client in a representative capacity....

April 26, 2018

In a wrongful death action, partner David Webster and associate Tudor Jones recently obtained summary judgment for our client, a large city in Northern California (the "City"). Plaintiff’s decedent lost control of his bicycle as he rode on a sidewalk through a narrowing underpass. Upon losing control, the decedent fell from the sidewalk into the adjacent roadway where he was struck and killed by a passing motorist. Plaintiff alleged that they City was negligent in its design and maintenance of a dangerous condition, the bicycle infrastructure, generally, on public property. The successful Motion for Summary Judgment was brought under Plaintiff’s failure to establish causation, a necessary element of the causes of action pleaded. ...

February 12, 2018

Following a four day Binding Medical Malpractice Arbitration in Downtown Los Angeles, Los Angeles attorneys, Brian L. Hoffman and Michelle A. Birtja successfully defended a Medical Negligence and Loss of Consortium claim brought by Claimants against our client, a Surgery Center and co-defendant, a Pain Management Specialist. The Arbitrator issued a decision rejecting Claimants request for the application of the Doctrine of Res Ipsa Loquitor and found no evidence of a breach in the standard of care on the part of the Respondents....

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