AGC Law Firm
Southern California
13181 Crossroads Pkwy North
Suite 400 - West Tower
City of Industry, CA 91746
tel 562.699.5500 fax 562.692.2244
Northern California
6525 Washington Street Suite 12
P O Box 4016
Yountville, CA 94599
tel 707.944.0540 fax 707.944.0580
OTHER AGC CLIENT VICTORIES

8/9/2019

A sampling of state and federal cases successfully litigated by the firm is below:

 

Estate of Hernandez v. City of Pomona.  AGC obtained a federal jury verdict in favor of the City and several officers in this wrongful death police shooting case.  This suit stemmed from circumstances involving numerous officers where the police utilized deadly force upon an individual leading the police on a high-speed chase and threatening to fire upon several officers.  No gun was present on the decedent and the plaintiff's family alleged improper force.  Case argued before the California Supreme Court and lower court jury verdict sustained.  (CIVIL RIGHTS)

 

Mindy Losee v. City of Chico, et al.  Summary judgment was obtained on behalf of the Chico Police Department and individually-named officers against claims of excessive force arising out fatal shooting of driver after a vehicle pursuit.  Fearing for their personal safety and/or the safety of the other officers present, various officers fired at the suspect as she accelerated toward them. AGC argued that the officers' conduct in shooting the suspect was reasonable under the Fourth Amendment due to the threat posed by the suspect's use of her vehicle as a deadly weapon and that there was no substantive due process violation during the incident because the officers did not act with a purpose to harm unrelated to legitimate law enforcement objectives.  (CIVIL RIGHTS)

 

Christopher Nuhfer v. City of West Covina.  In this civil rights/police misconduct action, AGC received a unanimous jury verdict for the City and one of its police officers.  Plaintiff alleged false arrest and violation of his First Amendment rights of free speech.  Defense verdict in federal court.  (CIVIL RIGHTS)

 

Blanche Pepito v. City of West Covina.  Plaintiff alleged in this lawsuit that she sustained serious injuries tripping and falling on an uneven sidewalk in the City of West Covina.  AGC filed a motion for summary judgment seeking a dismissal of the entire lawsuit arguing the alleged defect in the sidewalk was "trivial" and not in a dangerous condition.  The court agreed with this position and dismissed the lawsuit prior to trial.  Plaintiff filed an appeal of the ruling to the California Court of Appeal, which was denied.  (PREMISES LIABILITY) 

 

Cummings v. City of Pomona.  In this wrongful death police shooting case, AGC successfully defended the actions of the Pomona Police Department in a 30-day jury trial.  This complex multimillion-dollar litigation matter resulted in a defense verdict for the City.  (CIVIL RIGHTS) 

 

Maria Sibrian, et al. v. City of Pomona, et al.  AGC secured dismissal where the plaintiffs alleged excessive force and unlawful search and seizure when Pomona officers entered the home to execute a search warrant obtained by the San Bernardino County Sheriff's Department.  The trial court granted AGC's Motion for Summary Judgment, finding that the officers acted in good faith in the manner of executing a search warrant and that the amount of force utilized by the officers during the incident was reasonable.  The decision was upheld by the Ninth Circuit on appeal.  (CIVIL RIGHTS) 

 

Michael Fondren v. City of Chico, et al.  Plaintiff filed suit against the City of Chico and the Chico Police Department alleging fraud, civil conspiracy, emotional distress and negligence arising from ongoing interactions between Plaintiff and members of the Chico Police Department over a period of months.  Plaintiff alleged that the Chico Police Department conspired to violate his civil rights and violated  Department policy.  AGC filed a motion to dismiss the entire action.  The court granted the motion and dismissed the case with prejudice.  No appeal was taken. (MISCONDUCT/CONSPIRACY)

 

Christopher Gaugush v. City of Chico.  Plaintiff in pro per filed an action alleging use of excessive force against the City of Chico and several Chico police officers arising out of an incident in the parking lot of Walgreen's Pharmacy in Chico.  Plaintiff alleged that he was tackled to the ground and kicked numerous times.  AGC filed a demurer to the complaint.  The Court sustained the demurrer without leave to amend. (PERSONAL INJURY)

 

Enrique Anguiano v. City of Pomona.  AGC successfully secured a unanimous jury verdict for the City and four of its police officers in this civil rights action involving a plaintiff diagnosed with paranoid schizophrenia.  Plaintiff alleges that the police officers used excessive force in using batons and tasers causing a compound fracture of his humerus.  (CIVIL RIGHTS) 

 

Tyreque Davis v. City of Pomona.  AGC prevailed on a motion for summary judgment in this premises liability case, resulting in dismissal of the entire action prior to the commencement of trial.  Plaintiff alleged that a broken water meter cover amounted to a dangerous condition of public property maintained by the City.  (PREMISES LIABILITY)

 

Castillo v. City of Los Angeles.   Plaintiff led police on a high-speed vehicle pursuit from central Los Angeles to Whittier, where he jumped out of his vehicle and threw a crystal menorah at officers while charging them.  The officers fired gun shots, which injured the plaintiff.  Defense verdict.  (CIVIL RIGHTS)

 

Rodich v. City of Pomona.  AGC successfully defended the City Clerk's decision to deny a proposed ballot initiative measure from being filed for failing to comply with provisions of the Election Code.  AGC correctly took the position that substantial compliance with the Election Code in submitting initiative petitions did not fulfill the requirements of the code.  (ELECTIONS)

 

Lavern White v. City of West Covina.  AGC was successful in having this dangerous condition of public property personal injury action dismissed prior to trial.  Plaintiff alleged that she fell down a flight of stairs at Shadow Oak Park in the City and sustained serious injuries to her right leg and foot.  The court dismissed this lawsuit in favor of the City.  (PREMISES LIABILITY)

 

Anthony Vasquez, et al. v. County of San Bernardino, et al. Plaintiffs have filed this alleged vehicle v. vehicle personal injury action which arose out of a collision between a County prisoner transportation van and Plaintiffs' vehicle in Pearblossom, California.  Based upon discovery, case settled for a minimal amount.  Trial was avoided. (NEGLIGENCE)

 

Janet Vige v. City of Chico, et al.  AGC negotiated a favorable settlement in this personal injury action, where an elderly woman was hit by a car on the public street in front of a local hospital.  The hospital was undergoing a remodel at the time, which included alterations to the public sidewalk and street.  Plaintiff alleges that the City owned and/or controlled the public street where the incident occurred and issued construction permits that created a dangerous condition of public property.  The City contributed a mere $5,000 to the $115,000 settlement amount.  (PREMISES LIABILITY)

 

Matthew Loeffler v. City of Chico, et al. In this action, the plaintiff alleged claims of unlawful search and seizure after Chico police responded to an altercation between the plaintiff and security guards at a local hospital.  AGC negotiated a settlement of the action which did not require the payment of any monetary funds to the plaintiff by the city.  (CIVIL RIGHTS) 

 

Stephen Grant, et al. v. City of Chico, et al.  This case involved a very serious bicycle v. automobile collision which caused substantial injuries and loss of income to Plaintiff.  Plaintiff alleged that the City maintained a dangerous condition of public property at the subject intersection where the incident occurred.  Alvarez-Glasman & Colvin negotiated a settlement of the action, which included a loss of consortium claim, for $20,000.00, inclusive of attorney's fees, costs and all outstanding medical liens. (DANGEROUS CONDITION)

 

Susan Lee v. City of West Covina.  In this alleged violation of federal civil rights and conspiracy lawsuit, AGC successfully negotiated a dismissal of the entire lawsuit against the City prior to the case going to trial.  Plaintiff alleged that the City of West Covina conspired to interfere with plaintiff's civil rights, which led to plaintiff's incarceration.  (CIVIL RIGHTS) 

 

Patricia Mary Aguirre  v. City of West Covina.  In this wrongful death/violation of civil rights action, AGC successfully negotiated a settlement prior to trial.  The suspect in this action was shot four times with one round striking him in the upper back.  The suspect was unarmed.  The case was heard before the Ninth Circuit where a motion for summary judgment in favor of the City was reversed and remanded for trial.  Plaintiffs' attorneys' fees exceeded one million dollars and the case settled well below one million dollars, which included plaintiffs' attorneys' fees and costs.  (CIVIL RIGHTS)

 

Sonmik, Inc. v. The Redevelopment Agency of the City of Pomona.  AGC successfully litigated a million dollar lawsuit brought by a developer against the Redevelopment Agency for alleged breach of contract.  The Agency had authorized a settlement package of $275,000; however, the case was tried when Sonmik chose not to accept the offer.  At trial, Sonmik received zero and was ordered to pay the Agency's attorneys' fees.  The Court of Appeal has since upheld the verdict in favor of the Pomona Redevelopment Agency.  (BREACH OF CONTRACT)

 

Del Rose v. The Redevelopment Agency of the City of Pomona.  This complex inverse condemnation suit sought more than $4 million in damages for alleged loss of business revenue, reduced property value, loss of goodwill and attorneys' fees.  AGC prevailed in obtaining a favorable decision for the Redevelopment Agency and saved the Agency from a potential million-dollar verdict. (INVERSE CONDEMNATION)

 

Esther Thomas v. City of Pomona.  AGC successfully litigated this alleged excessive force case asserting false arrest claims.  City was found not liable in the arbitration decision.  (CIVIL RIGHTS)

 

Cooks and Owens v. City of Pomona.  AGC obtained a dismissal of this civil rights litigation in U.S. District Court.  The plaintiffs sought a reversal of the City's decision to transfer the Fire Department to the City of Los Angeles.  The court sua sponte dismissed all claims against the City on the eve of trial.  (CIVIL RIGHTS) 

 

Ensencio Bautista v. City of Pomona AGC obtained a dismissal three months after the filing of the lawsuit.  The plaintiff alleged a false arrest at the Costco/Price Club in Pomona.  AGC was able to convince plaintiff's counsel that the City was not liable and the matter was resolved without costly litigation and discovery.  (TORT)


United States v. City of Pomona.  Through AGC's efforts, a Department of Justice consent decree was finalized with the U.S. Attorney General's Office concerning alleged discrimination charges against the Department.  Settlement was reached without substantial litigation costs and without Human Resources admission of liability.  (TITLE VII, CIVIL RIGHTS) 

 

Ronald Grice v. City of Pomona This case involved an automobile accident wherein a Pomona Police Officer hit a vehicle being driven by the plaintiff.  The City won the arbitration, which became a judgment.  The plaintiff was not entitled to damages.  (TORT) 

 

Joseph Rabay v. City of Pomona The City was named in this lawsuit for an alleged highway design defect that Mr. Rabay asserted contributed to the cause of his accident.  AGC was able to negotiate a dismissal of the City and the City paid no damages.  (TORT) 

 

Colin S. Hiti v. City of Pomona.  AGC obtained a dismissal in this property damage claim.  No damages were paid by the City.  The dismissal was obtained four months after the lawsuit was filed, thus saving substantial costs to the City.  (TORT) 

 

West American Insurance v. City of Pomona.  AGC obtained a dismissal in this claim of wrongful demolition of property.  AGC was able to prove that the City had no responsibility.  The City paid no damages.  (WRONGFUL DEMOLITION) 

 

Hernandez v. City of Los Angeles.    Plaintiff charged at officers with a machete.  An officer fired gun shots, which killed the plaintiff.  FRCP Rule 50 motion granted; all police officers dismissed; defense verdict on remaining causes of action, with the exception of negligence -- jury found City engaged in some negligence, awarded decedent's family $103,000; plaintiffs' demand:  $50,000,000; City's exposure:  $35,000,000.  (CIVIL RIGHTS)

 

Singh v. AC Transit.  Plaintiff, a bus driver, assaulted and battered an unruly passenger.  Negotiated settlement on the eve of trial; zero payout by the Transit District.  (WRONGFUL TERMINATION)

 

Woodland Park Management v. City of East Palo Alto.   Several lawsuits related to the city's rent stabilization ordinance; negotiated global settlement:  $385,000 to the City.  (BROWN ACT, FACIAL CHALLENGE)

 

Veloz v. City of Montebello In this CEQA challenge to the City's approval of a senior housing peoject, AGC successfully defended against the issuance of a writ of mandate.  The project was challenged on a variety of theories, all of which were dismissed by the Superior Court.  (CEQA)

 

California Charter School Association v. City of Huntington Park.  Mr. Tapia served as co-counsel in the successful defense of a CEQA challenge to a city moratorium on the establishment of new charter schools within the City's jurisdiction.  (CEQA)

 

Citizens for a Responsible Economy v. City of Chico.  AGC successfully defended a citizen's challenge to entitlements and environmental impact report for a large Walmart expansion project.  (CEQA)

 



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