Appellate Law Case Studies
Malicious Prosecution
Result:
Successfully defended Ninth Circuit appeal of the dismissal of a lawsuit without leave to amend.
Client:
Former Santa Clara County Bar Association President
Overview:
McManis Faulkner represented a prominent attorney who had been sued for malicious prosecution, defamation, and several other causes of action, all related to a lawsuit he had filed in state court. The defendant in that action became a plaintiff by suing the attorney and approximately 30 other parties in two state court actions. After the state court lawsuit settled in 2001, the plaintiff filed a new suit against many of the same parties in federal court. McManis Faulkner prevailed on two motions to dismiss the federal lawsuit, the second one granted without leave to amend. Undeterred, the plaintiff appealed the decision to the Ninth Circuit, which affirmed the lower court’s decision to dismiss all claims against all defendants without leave to amend. This decision ended a legal odyssey that took more than 10 years to resolve.
Redevelopment Law
Result:
The Court of Appeal ruled the City of San Jose could not use $50 million in redevelopment money to fund its new city hall.
Client:
Al Ruffo, former mayor of San Jose
Overview:
Al Ruffo sued the City of San Jose when he learned that more than $50 million of redevelopment money would be used to fund its new city hall. A state law specifically forbids cities from using redevelopment money for the construction of city halls. The City of San Jose claimed that the $50 million would not be used for construction but rather for infrastructure. The trial court granted summary judgment for the City. The Court of Appeal reversed this decision and sent it back to the trial court, finding state law prohibits the use of redevelopment funds to pay for any portion of the construction of a city hall. Ballot language for the city hall project stated that redevelopment funds would be used only for site acquisition, relocation, demolition and other activities related to providing a site, not for construction itself. The parties eventually settled the case, with no redevelopment funds used for the project. McManis Faulkner sought and obtained an attorney’s fee award of $1 million due to the public benefit conferred.
Attorneys Fees
Result:
Reversed a trial court decision, ordering clients to pay more than $150,000 in attorney’s fees and costs to city government in connection with a permit dispute.
Client:
Retired Police Officer
Overview:
Clients were sued by their city government for allegedly creating a public nuisance based on the height of their boundary fence. After the public nuisance case settled, the city sought and obtained an award for more than $150,000 in attorney’s fees and costs in connection with the lawsuit. McManis Faulkner argued that the city ordinance governing attorney’s fees for nuisance actions was invalid since it was one-sided: only the city could recover fees as it was written. State law prohibits such one-sided ordinances. Perhaps aware of the defect, the city passed a new ordinance allowing an award of fees to whichever side prevailed in a public nuisance action, but the new enactment did not become effective until six days after the action was dismissed. The Court of Appeal reversed the trial court’s decision. The clients did not have to pay the city any attorney’s fees or costs in connection with the lawsuit.