Motor vehicle collision case, client was charged after collision. Court heard testimony and trial judge held that City could not meet its burden of proof; finding of not committed for the defense.
Seattle v. Elefant (King County Sup. 2010)
Speeding & Traffic Ticket
May 07, 2010
Prevailed - Reversed on RALJ appeal.
Sharon Elefant's motorcycle hit a parked car and she was subsequently charged with an infraction under the Seattle Municipal Code. She contested the infraction at a contested hearing in the Seattle Municipal Court, Elefant moved to dismiss for the court's failure to set her prehearing conference within the time limitation set out under court rule.
The Municipal Court denied the motion, the case proceeded to hearing over objection and without Elefant being available to testify, and the court found Elefant committed the infraction. Elefant appealed the denial of the motion to dismiss.
The Superior Court of the State of Washington for King County held that the Municipal Court of Seattle erred when it set respondent's prehearing conference outside the time limitation set out in the court rule, and the Municipal Court failed to sustain the objection on the record when the Municipal Court failed to give respondent written notice of a time limitation for the objection. The Superior Court reversed the Municipal Court and remanded the cause to the Municipal Court for proceedings consistent with this order.
Hudson v. Haight, Washington Department of Licensing (Grays Harbor County Sup. 2012)
Feb 23, 2012
Prevailed - Awarded Writs of Mandamus and Prohibition against DOL and its Director, mandating a hearing and prohibiting the license revocation from taking effect.
Department of Licensing refused to provide a licensed driver with an administrative revocation hearing, as required by law. In a special proceeding in Grays Harbor Superior Court, client sued the Director of DOL for writs of mandamus and prohibition that would mandate DOL to provide a hearing and prohibit DOL from revoking the driver's license while the hearing was pending.
Rodriguez v. Disner, 688 F.3d 645 (9th Cir. 2012)
Aug 10, 2012
Affirmed in part, vacated in part.
In a consolidated appeal brought by class counsel and six groups of objectors, challenging the district court's decisions regarding attorney fee awards after the settlement of an antitrust class action against West Publishing Corp. and Kaplan, Inc., the judgment of the district court is affirmed in part, vacated in part and remanded where the district court: 1) did not abuse its discretion in declining to award fees to the class counsel from the common fund on the ground that its representation of conflicting interests made it undeserving of such compensation; 2) abused its discretion in not awarding attorneys' fees to the objectors for their work leading to the forfeiture of the class counsel's fees; and 3) properly denied fees to the remaining objectors.