News Archives
Partner Matthew McNicholas presents at the American Board of Trial Advocates’ (ABOTA) Masters in Trial program on June 22 at Southwestern Law School. Matt will participate on the plaintiff team, presenting on trial demonstration from opening statement through closing arguments.
This year’s demonstration involves a claim of workplace sexual harassment and constructive termination. Masters in Trial will also address the admissibility of character evidence in today’s “Me Too” world, as well as the psychology of persuasion and the use of improvisation in the courtroom.
Pacific Gas & Electric Co. (PG&E) is facing the possibility that its power lines will be named by investigators as the cause of the North Bay wildfires. As a result, the company filed claims with Sonoma County, the City of Santa Rosa and other agencies, alleging that if they are found liable for the fires, then those governments may share responsibility because of the “inadequacy” of local fire response and preparations. In The Press Democrat article “PG&E May Try to Shift Liability for North Bay Wildfires to Governments,” Partner Patrick McNicholas discusses why PG&E’s recent claims contradict their previous legal arguments.
PG&E previously stated that the hurricane-force winds that caused tree limbs to crash into their power lines were beyond their experience, but is now arguing that the governments failed to do enough to limit the damage caused by the fires. “For them to say ‘oh we couldn’t have planned for this because it wasn’t a predictable event,’ then to say ‘the government agencies needed to do a better job of planning for this event’ seems disingenuous and contradictory,” said Pat.
Matthew McNicholas Speaks at HarrisMartin’s Southern California Wildfires and Mudslide Litigation ConferencePartner Matthew McNicholas will speak at the HarrisMartin’s Southern California Wildfires and Mudslide Litigation Conference on May 8 at The Ritz-Carlton in Marina del Rey. Matt will cover the factual background in the Thomas Fire and recent mudslides. The conference will also discuss inverse condemnation, business claims and the economic loss rule, the science of mudslides, wrongful death and injury claims, class action claims and public entity claims.
HarrisMartin Publishing is a leading provider of litigation news and continuing education conferences for legal and insurance professionals.
When employees complain about discrimination or harassment, employers must protect them from being retaliated against for raising these issues. Otherwise, businesses may face legal liability even when the underlying claim isn't proven. In the HR magazine article “How to Prevent Workplace Retaliation Claims,” Partner Matthew McNicholas discussed what steps employers should take to safeguard their employees from being retaliated against.
“HR professionals can never ensure that retaliation does not occur, but businesses and entities can take steps to reduce its likelihood," said Matt. He noted that employers should take a look at their policies and incentive programs to ensure that they don't unintentionally encourage retaliatory action.
“If a manager's performance is measured by the sales numbers of his or her subordinates, that manager can suffer personal financial detriment when employees take leave. This creates an incentive to keep people from taking time off and might lead to retaliation or perceived retaliation when employees take job-protected leave.”
McNicholas & McNicholas is proud to sponsor the Urban Compass Good Vibrations Spring Gala on April 20, 2018 at the Los Angeles River Center and Gardens.
Urban Compass hosts an annual gala to raise awareness and funds for its programs, which benefit inner-city youth through education, mentoring and activities. Each year’s gala pays tribute to a music icon or genre, and this year, the organization will play hits from The Beach Boys. Partner Patrick McNicholas is also a founder and serves on the organization’s Board of Directors.
McNicholas & McNicholas is proud to sponsor the Association of Media & Entertainment Counsel’s 2018 Law and Justice International Film Festival, held on January 24–25, 2018 at Arclight Beach Cities Cinemas. In addition to the firm’s sponsorship, Partner Matthew McNicholas presents on the panel “Lawyers on Film: Why Do They Hate Us?”
AMEC is designed to support and honor legal professionals in the entertainment industry, and the annual festival recognizes the best in filmed content featuring lawyers, judges and the legal system.
As published by the Los Angeles Daily News, two officers at the Los Angeles Police Department’s Van Nuys division have filed a lawsuit against the City of Los Angeles and the LAPD alleging disability discrimination and retaliation.
The article highlights a similar case in which Partner Matthew McNicholas obtained a $2.1 million verdict against the City of Los Angeles and the LAPD on behalf of former LAPD detective Maria Elena Montoya, who was retaliated against after taking a medically ordered and approved disability leave. She alleged that upon returning to work, her supervisors subjected her to adverse employment actions, including stripping her of her Peace Officers powers, transferring her out of a coveted detective assignment, suspending her, and more. As a direct result of these actions, she not only suffered humiliation, anxiety and emotional distress, but irreparable damage was done to her career.
California’s deposition stipulation was designed to accomplish three main things: set forth a clear agreement regarding the custody and transfer of the original transcript; lay out a process for review and signature of the transcript; and protect the party who noticed the deposition. In his California Lawyer article “Dealing With Deposition Stipulations,” Attorney David Angeloff discussed the importance of properly delivering stipulations and common mistakes to avoid.
“Even though deposition stipulations are among the least controversial things you will ever be asked to agree to on the record, they can have ramifications far beyond the deposition itself,” wrote Angeloff. “Understanding, clarifying and properly utilizing deposition stipulations is a simple measure that can, and should, protect you as well as your clients.”
Angeloff warned against common mistakes such as: forgetting to put clear, specific time limits and timelines in your stipulation; forgetting to include a provision for an unsigned deposition; and proposing blanket stipulations to relieve the court reporter of their duties without specifying which duties they are referring to. All of these could affect the admissibility of evidence, delay proceedings and leave an attorney vulnerable to opposing counsel.
KFI News interviewed Patrick McNicholas regarding the numerous lawsuits filed on behalf of the survivors and victims’ families of the mass shooting at the Route 91 Harvest Festival in Las Vegas. The lawsuits against MGM Resorts, Mandalay Bay, Live Nation, the Estate of Stephen Paddock and Slide Fire Solutions allege wrongful death, negligence, assault and battery, emotional distress, product liability and manufacturing defects.
Pat explains to KFI that his client’s number one priority is to seek justice and gain a better understanding of how such a tragedy occurred.
In the Napa Valley Register article “Attorneys Are Offering Legal Services to Napa Fire Victims, but Do They Need It?” Partner Patrick McNicholas offered advice to victims of the Northern California fires who are seeking legal help.
McNicholas noted that even if a victim’s insurance covers 100 percent of their loss, they still might have a claim worth pursuing. There are things insurance can’t pay for, such as emotional distress. Mature landscape trees are also a significant source of claims that is not covered, and a lawyer can help collect from the responsible party.
“You want to make sure the attorney you’re considering is well credentialed and experienced,” McNicholas said. “People have to look at the experience and the track record of the firm.”
McNicholas & McNicholas is proud to co-sponsor the Association of Long Beach Employees (ALBE) inaugural Know Your Legal Rights Day on November 11th at the Lakewood Lodge in Long Beach.
During the program, attorneys will answer questions on a variety of topics, including worker’s compensation, personal injury, harassment and discrimination.
Partner Matthew McNicholas presents at the Consumer Attorneys Association of Los Angeles (CAALA) New Lawyer Roundtable on November 14. Matt discusses how to effectively take on City Hall and navigate the landmines and politics of legally challenging the government.
New Lawyers Roundtable events offer the opportunity to connect with CAALA attorney members both in a group setting and one-on-one. These events cater to attorneys who have been practicing plaintiff's law for less than ten years. Prominent attorneys and judges provide unique perspectives on a variety of topics.
In the Lawyer Monthly article “Why Are More Officers Injured on Duty in the LAPD?” Partner Matthew McNicholas discussed why Injured On Duty (IOD) retaliation cases have increased in the past ten years, and why the CompStat tracking system is part of the reason behind the increase.
The increase in the volume and duration of these cases can be attributed to workplace stress created by management when dealing with internal employment issues. According to Matt, CompStat allows and causes the LAPD to closely monitor stats, including data on sick time and the time taken off for injuries. This results in the department clamping down on people who are sick and injured, leading to violations and lawsuits.
“IOD retaliation lawsuits were almost nonexistent 10 years ago, before LAPD relied on CompStat to review its captains and supervisors. Now, officers are being punished for taking time they’re entitled to, and they’re taking legal action,” Matt said. “These type of retaliation lawsuits account for 30% of the cases I see now.”
Partner Patrick McNicholas presents at the Consumer Attorneys of California’s (CAOC) 56th Annual Convention on November 16-19th in San Francisco. Pat speaks on the panel “Products Liability: Trends and Updates,” discussing how to go beyond the engineering and connect with the jury during trial.
CAOC is a professional organization comprised of more than 3,000 plaintiff attorneys who go above and beyond to obtain justice for their clients against powerful conglomerates. The organization advocates on behalf of consumers to ensure the court system is accessible to all.
Partner Matthew McNicholas speaks at the California Employment Lawyers Association (CELA) 30th Annual Employment Law Conference, discussing how to enhance your client’s recovery, as well as if and when you should use expert testimony in court or arbitration. The conference is held in Oakland from October 20 – 21.
CELA is a statewide organization of over 1,200 California attorneys who devote a major portion of their practices to representing workers in class action lawsuits and employment cases, including discrimination, harassment, retaliation and whistleblowing.
The Los Angeles Superior Court has recognized Partner John McNicholas for his service as a Temporary Judge. John has served as a Temporary Judge since 2008, hearing civil harassment, domestic violence and elder abuse cases. He previously served as a Judge Pro Tempore.
The Los Angeles Superior Court's Temporary Judge Program has been highly effective thanks to the participation of dedicated Bar members. Temporary Judges serve at the discretion of the Presiding Judge and must be members of the California State Bar in good standing for at least 10 years.
As published in Daily Journal, Law360, Oroville Mercury Register, The Sacramento Bee and others, Partner Patrick McNicholas and Associate Nicholas Alexandroff filed a class action lawsuit on behalf of the 188,000 Oroville residents who evacuated when the Oroville Dam emergency spillway failed earlier this year. The lawsuit argues that the Department of Water Resources did not perform adequate maintenance, leading to the failure of the dam. The department has received 481 claims to date, totaling in the billions of dollars.
“The goal of this suit is to make the people whole again who were part of the emergency evacuation, so they can be compensated for being dislodged, and to explore the loss of value to the property owners as a result of the failure of the spillway,” said McNicholas.
McNicholas & McNicholas proudly sponsored the Loyola Law School Alumni Mixer on September 28 at the Waldorf Astoria. Partner and Loyola Law School alumnus Matthew McNicholas hosted the event.
Take a look at some of our photos from the mixer.
KRCR interviewed Partner Patrick McNicholas and James Frantz of Frantz Law Group regarding their class action lawsuit against California Department of Water Resources in Butte County on behalf of the 188,000 residents who were evacuated because of the Oroville Dam’s emergency spillway.
The suit claims the DWR's conduct in the operation of the dam was a substantial factor in causing harm to the plaintiffs, who continue to be concerned about the stigma associated with the dam’s failure, the potential for future failures and the implications on property values.
"They should have been looking at the maintenance records. They should have been looking at the construction records, and they would have known that over time the dam was destined to fail," said McNicholas.
As published in Law360, Mercedes-Benz will install new seat heater wiring in as many as 270,000 vehicles as part of a proposed class-action settlement filed in California federal court.
Partner Patrick McNicholas initially filed the suit in 2014 on behalf of Elizabeth Callaway after she began to smell smoke in her 2006 Mercedes-Benz R350 and realized that the heating element had burned a hole through the car seat and her dress, causing pain around her waist area.
As a result of the proposed settlement, Mercedes-Benz will provide free bypass repair procedures to current owners of affected vehicles. Class members who don’t get the bypass repair procedures will have extended warranty coverage, and those who previously experienced an issue can receive a reimbursement for costs up to $1,000.
As published on LAWestMedia.com, a Los Angeles Superior Court judge has denied the LAPD's motion for summary judgment, allowing four LAPD officers’ whistleblower retaliation lawsuit to go to trial in January.
Partner Matthew McNicholas is representing the officers from the Internal Surveillance Unit, an elite sector of the LAPD’s Special Operations Division, who were retaliated against after reporting that their captain was retaliating against them for exercising their rights under the Memorandum of Understanding (union agreement) between the Los Angeles Police Protective League and the City. Specifically, the captain intended to unilaterally alter their schedules, which were established as part of the Understanding, and when the plaintiffs complained, the captain had them all removed from the elite unit and instructed other captains to not hire them.
McNicholas & McNicholas is proud to sponsor the Los Angeles Police Emerald Society Pipes & Drums Cigars Under the Stars event on September 16th at the Santa Anita Race Track.
The organization hosts an annual event to raise funds to support LAPES, law enforcement, the military and the community. LAPES Pipes and Drums is an Irish Pipe Band and comprised of active and retired officers and civilians who perform at parades and funerals for fallen officers.
As published by TheNewspaper.com, the court denied all six motions for summary judgment in the six officer ticket quota case against Whittier PD command staff.
To get around the state law ban on explicit ticket quotas, various cities use a technique called “shift averaging”, during which supervisors calculate the average of tickets handed out by teams of officers and punish anyone who has failed to meet or exceed that number. After filing complaints to their supervisors and internal affairs, the officers experienced harassment and retaliation, including negative and disparaging language and comments in their permanent files, unfavorable documentation, unwarranted counselling sessions and transfers, increased scrutiny, and threats of termination in official documents if they did not meet the quotas.
"Plaintiffs spoke out not only for the rights of themselves and their fellow officers, but also for the rights of the public, by speaking out against what they believed to be an unlawful citation and arrest quota as well as retaliation, harassment and intimidation for refusing to comply with or reporting such an illegal quota," said Attorney Matthew McNicholas.
In the Thomson Reuters Westlaw article “Q&A: Trial Attorney Gives Tips on Litigating in the Information Age,” Partner Patrick McNicholas advises litigators on trying cases before juries in an era when most jurors have access to the internet.
In order to mitigate the risks from jurors conducting outside online research, Pat recommends that attorneys be honest and direct about the strengths and weaknesses of the case. “A trial lawyer has to assume that jurors will access all available information and [the attorney needs to] frame the issues so that jurors are not surprised by what they learn and it does not change their views of the credibility of the case, the client or the attorney,” said Pat. If attorneys do encounter this problem, Pat suggests that they may also be able to handle this issue by bringing the evidence to the jury and explaining it.
“In particular, millennials and Generation X jurors tend to be more tech-savvy and more skeptical about information they receive -- even evidence presented in trial -- and are more likely to ‘seek out the truth’ themselves,” Pat added. “It matters in all ways in every trial. Certain people are simply more apt to ignore the judge and look for information themselves.”
Attorney David Angeloff traveled to Tanzania with Lawyers Without Borders, working with members of Tanzanian law enforcement and its judiciary to help the government more effectively investigate and prosecute poaching and other wildlife crimes.
Angeloff conducted interviews and training sessions that focused on investigating and diagnosing major gaps and opportunities within the Tanzanian legal process. They met, interviewed, and trained dozens of park rangers, judges, government officials, and other stakeholders on investigation and prosecution best practices.
Moreover, Angeloff visited remote ranger stations and Tanzanian courtrooms, and had meetings in United Nations Compounds discussing African governmental politics and training sessions.
“Wildlife crime is a critical issue in Tanzania. Even beyond the animals themselves it affects the health, wellbeing and prosperity of the Tanzanian people as a whole,” said Angeloff. “It was a privilege to provide support to the people that are fighting this fight every day. I am in awe of what I’ve been able to experience, it has been one of the most unique travel experiences of my lifetime.”
Take a look at pictures from the trip.
In the Daily Journal article “U.S. Supreme Court limits state courts’ jurisdiction over out-of-state plaintiffs in pharmaceutical case,” Partner Matthew McNicholas discussed the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court, determining California courts’ lack of jurisdiction to handle out-of-state claims.
In this case, the court held that non-California residents who had used the blood-thinner Plavix and suffered adverse reactions could not join in the state lawsuit because of a lack of connection to the forum.
“The decision is really bad for people who don’t live in states like California,” said Matt. “We have strong pro-consumer laws, particularly consumer liability laws. Many states don’t. You now create a situation where these plaintiffs are left in the cold.”
Matt also noted that determining that the court’s opinion was “parsing the fine hair” by determining that the courts lacked personal jurisdiction because the non-California plaintiffs did not watch commercials for Plavix or consume the drug in California.
“[Bristol-Myers] has a national strategy that applies to the whole country,” Matt added. “But the decision says now you’re stuck in your own state even though the company’s conduct is the same.”
McNicholas & McNicholas is proud to give back to Loyola Law School and sponsor the school’s 2017 Milestone Reunions, held on June 3, 2017 from 6 – 9 PM at Loyola Law School. Ten classes will be celebrating individual reunions.
Partners John McNicholas and Matthew McNicholas are Loyola Law School alumni, and Matt is his class’ largest sponsor.
Partner Matthew McNicholas was quoted in the Daily Journal article “U.S. Supreme Court Restricts Personal Injury Claim Filings,” discussing the Supreme Court’s recent ruling in BNSF Railway Co. v. Tyrrell, which places further restrictions on where plaintiffs’ attorneys can file personal injury claims.
Matt noted that the eight-to-one ruling will give far less leeway for arguments brought by future aggrieved plaintiffs, and will bolster the defense of companies that frequently face out-of-state personal injury claims. “With eight justices, both liberal and conservative, on board, this is the law, this is the way it is,” said Matt. “It seems to be a fairly straightforward jurisdictional analysis and Sotomayor’s opinion is getting no traction.”
In the Daily Nexus article “Suit Against I.V. Shooter’s Housing Complex Progresses,” Partner Patrick McNicholas discussed his negligence and wrongful death lawsuit against Hi Desert Mobile Home Park L.P. and Asset Campus Housing on behalf of the parents of three victims in the 2014 UCSB shooting.
In 2014, Elliot Rodger murdered his roommates David Wang, James Hong and their friend George Chen before going on a shooting spree that left three more students dead and 14 injured. According to the lawsuit, the apartment property and its management company were warned that Elliot Rodger was a “violent and dangerous threat to his roommates,” yet they did not conduct a reasonable investigation before assigning him as Hong and Wang’s roommate.
“The apartment was completely lacking in training its onsite managers in issues of safety, on issues of matching roommates, in issues making sure that the roommates were safe,” said Pat. “The parents are very hopeful their children will not have died in vain.”
Trial is set for September 15.
In his Attorney at Law Magazine Attorney of the Month feature, Partner Matthew McNicholas discussed starting his career in law at the age of 14, what makes him a successful trial lawyer, and spending time with his family.
Growing up watching his father and siblings go to trial, it was clear to Matthew at a young age that he would become a trial lawyer as well. Today, as an advocate for victims of catastrophic injury, wrongful death, sexual assault and employment violations, Matthew fights for his clients to get the justice they deserve. “The types of trials I’m involved in can take a huge emotional toll on the people involved,” explained Matthew. “So, I tell my clients that trials are like chemotherapy — you do it because you have to, not because you want to. And you hope your life is better on the other side.”
For Matthew, intensive trial preparation is the key to success. “My trial preparation begins two to three weeks prior to trial by reviewing all the materials and preparing my examinations, which requires reading all depositions, analyzing all exhibits and annotating my exhibit books,” he added. “From there, I spend countless hours reviewing witness preparations, depositions and ultimately strategizing on building a strong and solid case.”
Outside the courtroom, Matthew is dedicated to his family. Although his busy schedule can be difficult to work around, Matthew’s wife understands the demands of his job: they met during their first year of law school, and she practiced law before she left to raise their three children. “Lawyer, husband, father, those are my three jobs,” said Matthew.
McNicholas & McNicholas was proud to sponsor the Urban Compass gala on April 27 at the Los Angeles River Center and Gardens.
Urban Compass hosts an annual gala to raise awareness and funds for its programs, which benefit inner-city youth through education, mentoring and activities. Each year’s gala pays tribute to a music icon or genre and this year, the organization played the hits of one of the greatest female groups – the Supremes!
Take a look at some photos from this year’s supreme evening!
McNicholas & McNicholas is pleased to announce that Partner Patrick McNicholas has joined the Board of Advisors at the University of California, Irvine’s (UCI) Civil Justice Research Institute.
The Civil Justice Research Institute produces credible, unbiased research on the critical issues concerning the civil justice system, including how the system can be made more accessible to those seeking relief.
Los Angeles is currently looking to take out a $70 million loan to pay for the increasing number of lawsuits filed against it. In their interview with CGTN America “Los Angeles Struggles to Keep Up with Settling Numerous Lawsuits,” Partner Matthew McNicholas and former client Wayne Guillary discussed their experiences suing the City of Los Angeles.
In June 2016, Matt secured a $500,000 settlement on behalf of Guillary, a Los Angeles Police Department Sergeant, against the LAPD for discrimination, harassment and retaliation. Sergeant Guillary was subjected to retaliatory actions, including unfair disciplinary actions, after speaking out about racial issues and what he believed were unlawful practices.
“I knew that by bringing a lawsuit, our relationship would never be the same, I felt vindicated because here I stirred the hornets’ nest to stir the soul and conscience of the organization but at the same time I had to risk something for others,” said Wayne. “I had to risk myself to try to make things a little bit better for the next persons coming behind me regardless of race or sex.”
Matt, who currently has more than 40 separate cases pending against the Los Angeles Police Department and the Los Angeles Fire Department, noted “You don’t let the situation of the bad actor dictate to the person who’s been aggrieved. If you did that, then no one would get sued.”
He added, “The question you should be asking is to the city officials – you run this corporation, why do you not weed out the bad conduct?”
California’s civil rights statutes represent an untapped resource for plaintiffs whose rights have been interfered with as a result of the intentional tortious conduct of public and private actors in a variety of contexts and circumstances. Partner Matthew McNicholas and Partner Holly Boyer with Esner, Chang & Boyer authored the Advocate article “The Bane Act and Beyond,” discussing how just a few of the California’s civil rights statutes, specifically Civil Code sections 52.1, 51.7 and 51.9, expand attorneys’ options when fighting to protect clients.
Civil Code Section 52.1 (The Bane Act), although usually associated with police misconduct cases, extends far beyond the interference of constitutional and statutory rights and includes rights secured by common law. The Act does not require actual interference with a plaintiff’s legal rights, rather even an attempted interference by threats, intimidation, or coercion is enough to give rise to a claim.
“In light of [the] significant remedies, and the broad scope of liability, it is surprising that more Bane Act violations are not pursued,” they wrote.
When pursuing a claim under Civil Code Section 51.7, the Ralph Act, which establishes a cause of action for discriminatory violence committed against any person or property, the claim need only satisfy the standard, “Would a reasonable person, standing in the shoes of the plaintiff, have been intimidated by the actions of the defendant and have perceived a threat of violence?”
Civil Code Section 51.9, which establishes a cause of action for sexual harassment in certain defined relationships where “[t]here is an inability by the plaintiff to easily terminate the relationship,” such as a landlord or teacher, is not limited to sexual harassment in the workplace and as such, the availability of such statutory claims may expand theories otherwise unavailable to such victims.
The Government Tort Claims Act immunizes public entities from liability for injuries caused by a condition of a trail – as long as that “trail” hosts or provides access to “recreation.” (Gov. Code § 831.4). The immunity was put in place over 50 years ago to spare public entities from the expense of keeping and maintaining natural, undeveloped and primitive regions of the state in safe condition and, at the same time, prevent a floodgate of lawsuits from hikers tripping over rocks while camping at state parks.
Attorneys Douglas Winter and Justin Eballar authored an article in the Daily Journal, titled “A ‘Path’ to Anomalous Results,” discussing the erosion of the legal definition of a “recreational trail” and how the expansion of the immunity is taking “us” down the proverbial slippery slope.
Winter and Eballar write “Contrary to these well-known authorities on the meanings of words, Carroll v. County of Los Angeles, 60 Cal.App.4th 606 (1997) decided that the term ‘trail’ is synonymous with ‘path,’ and ultimately held that a trail is simply a ‘marked or established path or route.’ This definition conveniently, and without explanation, omits the limiting language that is essential to the well-established dictionary definitions. Although never overruled and still commonly cited, Carroll’s holding has been criticized for relying on ‘The Synonym Finder’ as its most authoritative source on the meaning of words.”
After several state attorney generals recently notified retailers that they would be liable under state laws to compensate employees at a minimum rate for being on-call, major retail companies, such as Disney, Aeropostale and Carter’s agreed to end their on-call scheduling practices.
In the article “Hanging Up on On-Call Scheduling,” Human Resource Executive turned to Partner Patrick McNicholas to discuss the effects of this practice. “On-demand employees’ lives were made unstable by unpredictable pay,” said Pat. “Using these methods to ensure that employers have flexibility when they find some days busier than others unfairly shifts the burden and expense to the employees.”
Pat offers a solution for retailers that still rely on flexible workers, noting, “Technology that enables flexible scheduling will make it more equitable for employees who want to pick up another shift.”
In 2015, Pat filed several separate class action lawsuits against major retailers, including Gap, Inc. and Abercrombie & Fitch Co. for not paying employees for time spent reporting to work, which led to many of these retailers ending their on-call shift policies.
As published in Daily Journal, McNicholas & McNicholas obtained a $1.25M settlement against the City of Los Angeles on behalf of LAPD Officer Victoria and her husband Sergeant A.J. DeBellis for religious discrimination.
In addition to the couple facing religious discrimination, Victoria was also subjected to harassment. She had been a sworn-in officer for more than 10 years when she began experiencing harassment from a fellow officer, who propositioned her several times and touched her inappropriately, inflicting physical harm on her. As a result of Victoria’s’ rejection of these passes, she was assigned to another department, at which point the harassment and discrimination not only continued, but worsened. Another officer made derogatory statements about DeBellis and her religion, and even physically attacked her.
McNicholas & McNicholas was successful in proving violations of the Fair Employment and Housing Act, arguing that the Department failed to protect Victoria and A.J. from harassment, discrimination and retaliation.
As published in Daily Journal, Partner Matthew McNicholas was successful in obtaining a $500,000 settlement on behalf of 34-year-old Los Angeles Police Department veteran Sergeant Wayne Guillary. The lawsuit alleges that Guillary faced discrimination, harassment and retaliation for speaking out against suspected racism and illegal activity in the Department.
In one event, Guillary was berated and demeaned by a captain for merely informing his supervisor of a traffic accident in which an officer was taken to the hospital. In another incident in 2015, he received his first Notice to Correct Deficiencies for allegedly not informing his captain about a late-night police chase involving an officer; however, Guillary had called his captain the night of the incident, spoke to him and documented such call in the official division log. In the same year, Guillary was demoted from a watch commander due to a 1997 medical condition that had never been used against him before for any reason.
On December 6, 2016, President-elect Donald Trump tweeted, "Boeing is building a brand new 747 Air Force One for future presidents, but costs are out of control, more than $4 billion. Cancel order!"
Partner Matthew McNicholas discussed the legal ramifications of these actions in his interview with Ethan Bearman on KGO Radio.
“There’s a legal and binding contract, and government entities get sued all the time for breaching what are known as government contracts,” Matt said. “And when someone with authority says ‘I am going to cancel the contract,’ that is what the law calls an anticipatory breach.”
LAPD Senior Lead Officer Michael Fernandez works Newton Division, one of the Department’s most difficult areas. He has dedicated his time to bringing resources to families in need throughout the community. Through his efforts, he has provided countless families with meals during the holidays, as well as basic necessities they simply cannot afford.
McNicholas & McNicholas LLP has supported Officer Fernandez’s Holiday programs for the past 3 years. Join us in giving back this holiday season! If you are interested in helping those in need, please contact (323) 846-3937.
David Angeloff Speaks at University of San Diego School of LawAssociate David Angeloff spoke as a guest lecturer at the University of San Diego School of Law discussing practical aspects of discrimination and retaliation cases in an employment law class taught by Professor Orly Lobel. He explained how these cases are handled under California’s Fair Employment and Housing Act, as well as under the California Labor Code. This is the third year that David has lectured in Professor Orly Lobel’s employment class.
The class focuses on important legal issues including: employment as a contractual agreement, privacy and freedom of speech, and intellectual property matters. Students learn about contract law, torts, and statutory and regulatory processes in the workplace.
On October 19, 2016, Associate David Angeloff was sworn into the New York State Bar. The swearing in ceremony was held at the Federal courthouse in Albany, NY.
An attorney since 2010, Angeloff is now fully admitted to practice in New York in addition to being licensed in all California State Courts; Central, Southern, and Northern United States District Courts; and all Courts in Washington D.C.
McNicholas & McNicholas is proud to sponsor the 15th Annual Alumni Dinner at Loyola High School on Saturday, November 12 at 5:30 p.m. The event will honor the 2016 Cahalan Award recipients, comprised of Loyola alumni who personify the school’s motto: Men for Others.
Partners John McNicholas, Matthew McNicholas and Patrick McNicholas are all Loyola High School alumni. There are also four generations of cubs in the family and counting.
In its October issue, Attorney at Law magazine spotlights Partner Patrick McNicholas as Attorney of the Month. In his featured profile, Pat discusses his motivation for becoming an attorney, his most rewarding case and continuing advocacy outside of the courtroom.
Pat notes that law is in his blood. His father, attorney John McNicholas, has been practicing for more than five decades, and following in his footsteps became natural. “There are seven of us siblings altogether,” said Pat. “Three of us became lawyers. I think it’s because we didn’t really know anything else.”
Although being a lawyer is filled with its own obstacles and difficulties, Pat finds it to be extremely rewarding. One case in particular encompassed all the factors that move an attorney to continue client advocacy. The case involved a sexual abuse accusation made by a boy against his former soccer coach and teacher. The jury returned a record-breaking verdict in the boy’s favor, which was not only a victory for Pat, but for the victim’s family as well.
Advocacy does not end in the courtroom. In 2005, Pat co-founded Urban Compass. Based in Watts, the organization provides youth with support and access to education systems to empower them and set them up for success. With all of his work in and out of the courtroom, it is no wonder why Pat is selected as Attorney of the Month.
McNicholas & McNicholas is a gold sponsor for the 2016 Loyola Law School Alumni Grand Reunion, held on Saturday, October 1 at the JW Marriott Los Angeles. The event honored the installation of Dean Michael Waterstone as the Fritz B. Burns Dean and the Senior Vice President of Loyola Marymount University.
Partners John McNicholas and Matthew McNicholas are Loyola Law School alumni.
Partner John McNicholas received a special certificate of recognition by the National Board of Trial Advocacy (NBTA) honoring his 30 years of certification in Civil Trial Law. Board certified since 1986, John re-certifies every five years in order to prove he meets the standards for certification and is continuously active in the courtroom.
Board certificate holders undergo a thorough screening of their credentials, including: documentation of their experience, judicial and peer references, an exam and more.
The San Fernando Valley Business Journal turned to Partner Matthew McNicholas to discuss methods for obtaining record-breaking employment verdicts in California, including his own Atkins verdict, in which he obtained $12.3 million on behalf of five recruits who were injured during LAPD Academy training—the largest employment payout to date against the LAPD. The case concerned injured recruits who were told that they had to return to the academy before they fully recovered or face termination. The LAPD failed to accommodate them, despite the fact there were hundreds of positions open for which they were qualified.
In obtaining high verdicts for employment-related cases, there are many factors that come into play. “When dealing with punitive damages, it’s 100 percent conduct driven,” said Matt. “Punitive damages are not meant to compensate, they are meant to teach a lesson, and what is punishment depends on the net worth, value or income of the defendant.” As Panel Counsel for the Los Angeles Police Protective League, Matt works to ensure that employers are held accountable for their actions in the workplace.
Law360 interviewed Partner Patrick McNicholas for their Rainmaker Q&A series discussing the skills necessary for being a rainmaker and his advice to younger attorneys striving for success.
Although everyone has different work styles, Pat has found that managing time efficiently, making great connections and consistently marketing yourself to get your name out there has been crucial to his success. “Also, it might go without saying, but you have to develop yourself as a lawyer,” said Pat. “You have to have the skills and experience that give you credibility when you are marketing yourself and your firm to others.”
Pat also talked about what aspiring rainmakers should focus on when starting their legal careers. He mentioned the importance of keeping in touch with potential referral sources, and noted that law school provides a great deal of opportunities to network with people who work in different fields of law, which can be beneficial in the long run.
The California Supreme Court decided not to rehear the case of Vergara v. California, in which nine students claimed that they suffered from a subpar education because academic tenure protocols made it difficult to rid ineffective teachers. Partner Matthew McNicholas discussed the implications of the case on Ethan Bearman’s KGO radio talk show.
Matt noted that there was hard evidence which proved that students who have inadequate teachers aren’t getting equal protection to the right of a free education. When a school tries to fire a teacher, the process becomes lengthy. A problematic teacher will be warned to correct their actions within 90 days, and if they don’t, the district begins a hearing process against the teacher. “However, there’s nothing that says when hearings must end,” said Matt. “Administrative proceedings can sometimes last for years, and that’s what the school districts are having to face.”
As a guest speaker on 790 KABC’s Peter Tilden radio show, Partner Matthew McNicholas discussed the retaliation several Los Angeles firefighters faced from their superiors after they blew the whistle on inadequate building inspections that could result in unsafe buildings. The firefighters argued that rushed, untrained inspections occurred as a result of “Operation Catch Up,” a plan to resolve the backlog of fire inspections. After the firefighters informed their departments of the illegal activity, they were ignored and retaliated against, including being stripped of their duties, excluded from decision-making processes and more.
“When you rush inspectors through that, they are not allowed to do those things that keep you safe, keep me safe, my kids, my wife,” said McNicholas. “This is something that not only puts the citizenry in harm’s way, but it also puts firefighters in harm’s way because if these fire prevention systems fail, what has to happen? Then firefighters have to go in sooner or more aggressively than they otherwise would, and it puts their lives in jeopardy.”
Partner Matthew McNicholas was featured on Ethan Bearman’s KGO radio talk show to discuss the legality of recording phone calls without the consent of both speakers. The issue gained increased attention when rapper Kanye West released a recording of a phone conversation with singer Taylor Swift, supposedly recorded without her knowledge.
“In California, the law is, if you’re having what is potentially a private conversation where you have an expectation of privacy—the critical term—then it is illegal for somebody to record it,” Matthew said.
In the interview, Matthew also discussed how the timing of the phone call recording’s release from the Kanye West camp could affect Swift’s case, as she will likely have a hard time proving tangible damages. “They’re going to say, ‘This has been out in the public domain for a year.’ You can’t point to record sales drops or a concert that was cancelled.”
However, Matthew pointed out that there are also federal law implications in a potential case. “If you do it over a telephone -- that implicates federal wiretapping violations.”
Partner Matthew McNicholas discussed the Supreme Court’s ruling involving affirmative action on the KGO radio talk show, hosted by Ethan Bearman. Matthew pointed out that Justice Antonin Scalia’s recent death and Elena Kagan’s recusal may have affected the decision.
In a 4-3 ruling, the Supreme Court upheld the University of Texas’ affirmative action program. “There was a personal achievement index, and it was a holistic review, as what the University called it, considering many factors including race. And so that’s what really is at issue,” he said.
Partner Matthew McNicholas explains employee rights when it comes to social media use at work on the KGO talk show, hosted by Ethan Bearman. “State law prevents employers from requiring you to give them your social media passwords, but if you save your passwords on their equipment, they can take the equipment back and access whatever they can,” he said.
Matthew explains to listeners exactly what their rights are when it comes to social media use, as well as the importance of using common sense as the first rule of thumb. Employees should also avoid complaining about their jobs online, never make racist, sexist or offensive comments and should not share confidential information about work-related issues.
With more than 1,200 lawsuits pending, Johnson & Johnson has already been ordered to pay $127 million to two women who developed ovarian cancer after using the company’s baby powder. Partner Matthew McNicholas was interviewed on Ethan Bearman’s talk radio show regarding the verdict, as well as Johnson & Johnson’s recall of several products, which contain cancer-causing ingredients.
“Two separate juries concluded that the prolonged exposure to talc in the product caused the ovarian cancer,” he said. Matt highlighted that punitive damages were awarded in both lawsuits, proving that Johnson & Johnson wasn’t just negligent, but had some knowledge of the dangers of talc. The company didn’t take necessary measures to inform and protect consumers, which is why litigation is important. He talked about the dangers of the talc and urged consumers to read the labels.
On April 27, McNicholas & McNicholas sponsored Urban Compass’ annual Spring fundraiser “A Night of Wonder,” at the Los Angeles River Center & Gardens. The event honored Thomas Miller of Centext, a leader in legal support services and one of gala’s sponsors. Through the generous donation and continued support of sponsors and the Los Angeles community, Urban Compass is able to continue its mission of being a beacon of opportunity and education in the inner city by providing at-risk youth with an alternative to gangs and violence.
On behalf of Partner Patrick McNicholas, who co-founded the organization and is on the Board of Directors, and the entire Urban Compass family, we thank you for your generosity in supporting Urban Compass. Too, we are both grateful and honored to have Centext, a leader in legal support services, take a leadership role in providing a hopeful future for Urban Compass kids.
Attorney at Law magazine features family-owned McNicholas & McNicholas as law firm of the month. The article “Three Generations Building Trust” highlights the firm’s impeccable legal reputation and community service record. “We’ve developed a winning reputation through our case results,” said Partner Patrick McNicholas. “When you look at the civil and legal process as being a collaborative one, it tends to produce a better and more efficient result,” he said.
That efficiency translates to the firm’s winning reputation, having tried more than 150 trials to verdict and securing more than $600 million in results on behalf of clients. Since being founded in 1993, the firm has expanded to include 13 attorneys with clients throughout the United States.
Patrick has more than 25 years’ experience and is behind some of the most challenging cases from horrific plane crashes to deadly school shootings to repulsive child sexual abuse cases. His brother Matthew represents victims in a range of areas, including catastrophic injury, wrongful death, and employment law. More specifically, Matt has recovered more than $50 million on behalf of police officers and firefighters in cases involving racial and sexual harassment, discrimination, retaliation and wrongful termination.
LOS ANGELES, CA – McNicholas & McNicholas, a Los Angeles-based plaintiff’s trial law firm, welcomes Associate Courtney C. McNicholas to the firm. From handling all aspects of matters relating to civil litigation, Ms. McNicholas has nearly 20 years of comprehensive experience in law enforcement employment, discrimination, harassment, retaliation and products liability. She has a wide range of skills, including spearheading client interviews, case analysis, mediation/settlement negotiations and trial preparation.
“Having worked on the other side of the table, Courtney will be a great resource to the firm and our clients,” said Partner Patrick McNicholas. “As our firm continues to expand, Courtney’s extensive skillset is exactly what our firm is looking for.”
Prior to McNicholas & McNicholas, Ms. McNicholas founded Courtney C. McNicholas APC specializing in employment law. In 2001-2008, she worked for McNicholas & McNicholas where she served as co-counsel at trial, specializing in depositions, mediations and arbitrations in Superior and Federal Court.
She has worn many hats, serving as a mediator, judge pro tempore and arbitrator for the California Superior Court, negotiating and assisting in settling active cases and acting as presiding judge in civil matters.
Ms. McNicholas obtained her Juris Doctor from McGeorge School of Law. She earned her Bachelor of Arts in History and English from UCLA, where she was named to the Dean’s Honor Council. She is actively involved in her community and was previously executive vice president of Juniors of Social Service and development chair for St. Brendan School. She currently serves as Food & Beverage Chair at Marlborough’s School Winter Fest.
Founding Partner John McNicholas has received his certificate as a mediator from the Los Angeles County Bar Association (LACBA). Mr. McNicholas was certified after completing 30 hours of mediation training through the LACBA.
There is a new form of wage theft on the rise, shifting the offender from the employee to the employer. In an article published by Chain Store Age, Partner Patrick McNicholas and Attorney Michael Kent explore the illegal practice some employers have taken to avoid paying and reporting time premiums.
Employee misclassification schemes have been around for decades. However, the practice of misclassifying employees’ schedules in order to shift the business expenses associated with scheduling from the employer to the employee has become more common in recent years. This practice involves employers scheduling their employees to work “regular” and “on-call” shifts. “On-call” employees are often mandated to call one to two hours prior to their shift to determine whether they are needed that day. If the manager is unavailable to confirm at the time of the call, the employee must still report to work but is not necessarily given hours to work. This practice allows employers to schedule employees full or nearly full-time work without adequate pay or benefits.
Companies that thrive on excess capacity, like Uber and Lyft, have capitalized on employees’ excess time and availability, resulting in the near death of the taxi and private driver sector. These advances, coupled with the emergence of technology, have provided a means for employers to find more efficient ways to schedule employees without putting their lives on hold.
Co-founded by Partner Patrick McNicholas in 2005, the nonprofit organization Urban Compass celebrated its 10thanniversary in 2015. Urban Compass’ initial mission was to serve Watts, one of the lowest-income neighborhoods in Los Angeles, and formulate programs targeted at troubled and at-risk youth. As featured in the Los Angeles Sentinel and the Orange County Business Journal, Urban Compass proudly continues to be a beacon of light for many residents of impoverished neighborhoods.
“We went to one of the most difficult neighborhoods in the country and were able to find dedicated volunteers to create an organization that has not only been supportive and successful of the community that it’s in, but it is also a model that can be replicated easily throughout the state and the country,” said Mr. McNicholas. “We have had a successful 10 years of academic help and social engagement in a non-threatening environment, which is unusual for kids that come from that kind of pressure-cooker atmosphere”.
In partnership with Verbum Dei High School and Loyola Marymount University, Urban Compass has served more than 300 students from kindergarten through fifth grade by providing after-school tutoring, mentoring and enrichment activities. The future remains bright for Urban Compass as Mr. McNicholas looks to expand the program to reach more children throughout California.
Founding Partner John McNicholas presides as judge pro tem on January 26-28, 2016 in Civil Harassment Court, Dept. 2C at Downtown Los Angeles’ Stanley Mosk Courthouse. Dept. 2C is a judicial assignment matter in civil harassment restraining orders and family centered case resolution conferences and judgement debtors.
Mr. McNicholas has served as pro tem in the Los Angeles Superior Court for several years. With more than five decades of experience, he is a recognized leader with more than 150 jury verdicts and 20 reported appellate decisions in representing plaintiffs in the areas of employment law, class actions, sexual abuse and other consumer-oriented matters.
When clients change law firms, attorneys risk losing out on payment for their hard work. In the article, “A Primer on the Attorney’s Lien” published by California Lawyer, Attorney David Angeloff explains why including a specific, detailed lien provision in contracts is the best way for attorneys to ensure they receive legal fees entitled to them.
“Unlike a service lien or a mechanics lien, an attorney’s lien for fees and costs does not arise automatically just because legal work is performed. Such liens are created by contract,” explained Mr. Angeloff. “Having a well thought out lien provision gives you options that can translate into real money.”
Mr. Angeloff also offers tips for attorneys on asserting and defending against liens, and provides guidelines for when quantum meruit liens are applicable. Examples include when the representation agreement governing the relationship contains provisions which set forth specific conditions under which the attorney’s lien can be calculated per the contingency, or when a client terminates the attorney at the last minute in an attempt to avoid paying the fee.
As a guest speaker on 790 KABC’s Dr. Drew Midday Live radio show, Partner Matthew McNicholas delved into the discussion on the Wall Street Journal article that discussed what it called the “Ferguson effect.” The article claimed that the crime rate has increased by 11 percent this past year as a result of the Ferguson effect.
Mr. McNicholas discussed this claim on air. With nearly two decades of experience representing police officers against their departments, he noted that police departments and academies need to constantly update their training methods to assist in preventing these types of situations.
The Daily Journal article, “Defense lawyers concerned about on-call scheduling litigation wave” discusses eight of the nine separate class action lawsuits filed by Partner Patrick McNicholas and Associate Attorney Michael Kent against mall staples, such as Gap, Inc. and Abercrombie & Fitch Co., for not paying employees for time spent reporting to work. Mr. McNicholas comments on this new form of wage theft and how these lawsuits seek compensation for employees who deserve pay for both showing up and calling in, since they schedule their lives around whether their employer wants them to work.
California is one of eight states with a reporting time pay law. The law states that an employee shall be paid for each workday they report to work, even if they do not work once they report. These lawsuits, which are premised on past reporting time pay violations, could cost retailers significant monetary losses and have spurred a nationwide response.
In the last few months alone, six retailers have each announced they will suspend on-call scheduling.
In an article published in the Society for Human Resource Management (SHRM), Attorney Michael Kent discussed the eight class action lawsuits McNicholas & McNicholas has filed this year in conjunction with co-counsel Bridgford, Gleason & Artinian. Some of the retailers named in lawsuits, including Abercrombie & Fitch, Bath & Body Works and Gap, already have done away with on-call scheduling as of this year, following a spring 2015 letter from New York’s attorney general to 13 retailers about the practice.
Mr. Kent said, “We believe with the emergence of the sharing economy, there are alternatives to these scheduling practices,” and suggested that an app format similar to Uber’s model could be used to see who is available to work.
On-demand scheduling, which requires employees to call in an hour or two before their shift is scheduled to begin to see if they have to report to work, is unfair and unlawful, according to Mr. Kent. The lawsuits allege that on-call scheduling violates California state reporting time pay laws, which require pay for workers who show up to work, but then are sent home.
McNicholas & McNicholas sponsors Loyola High School’s 150th Anniversary Alumni Dinner on October 3. The celebration honors the faculty and staff for their countless contributions in educating students. All proceeds will benefit Loyola High School’s faculty. The Alumni Association is dedicated to the advancement of LHS and the fulfillment of their mission.
McNicholas & McNicholas is a silver sponsor of the 2015 Tribute to the Champions of Justice, an annual award ceremony hosted by Loyola Law School’s Civil Justice Program. The dinner, to be held on October 8, will honor Richard D. Carroll and Amy Fisch Solomon, two alumni whose distinguished legal careers are marked by professional excellence, technical proficiency and uncompromising integrity.
In addition to sponsoring a table, Partner and Loyola Law School alumnus Matthew McNicholas serves on the event planning committee.
McNicholas & McNicholas is a sponsor of “Hot Havana Nights”, an annual fundraiser hosted by Friends of Pathways. The event will be held on October 3 in Long Beach, CA.
Friends of Pathways is a volunteer group dedicated to supporting Pathways to Independence, a Los Alamitos-based nonprofit that assists struggling young women in getting an education and becoming self-sufficient members of society. The firm’s contribution will help Pathways’ clients access free medical care, tuition assistance and counseling.
McNicholas & McNicholas is a sponsor of the 28th Annual Employment Law Conference hosted by the California Employment Lawyers Association (CELA). In addition to supporting the conference, which will be held on September 25-26 in Oakland, CA, the firm will be co-sponsoring a cocktail reception at the event with Vega Settlement Group.
CELA, a statewide organization of more than 1,100 California attorneys specializing in representing employees, has hosted the conference since 1987. This year’s event will include seminars, discussion panels, keynote speakers and other opportunities for attorneys practicing employment law to continue their education.
Partner Patrick McNicholas has joined the Los Angeles Trial Lawyers’ Charities’ (LATLC) Honorary Board of Governors for 2015. His donation and support to this philanthropic organization will help fulfill their mission to create a positive difference in the quality of life for people within the greater Los Angeles area.
Founded in 2006 by a group of seven Los Angeles-based plaintiffs’ attorneys, LATLC provides financial assistance to those in need throughout the greater Los Angeles area. Partnering with more than 35 various charities in the community, LATLC is dedicated to helping organizations that focus on assisting children and battered women, as well as issues of homelessness and education.
In the article, “Distress in health care industry highlights nursing home woes” published by Daily Journal, experts commented on the rising number of nursing home bankruptcies due to high operation costs and the proliferation of lawsuits against them. A spokesman for The American Health Care Association puts the responsibility of the rise in lawsuits against nursing homes on the plaintiffs’ bar.
Partner Patrick McNicholas disagreed with this statement saying, “Lawyers, like [in] any other industry, will go where the markets are. So if there’s not an issue with respect to patient care, then there’s not going to be lawsuits filed because it’s not going to be in the best interest of the client or the lawyer, as there will be no recovery.”
Partner John McNicholas has been recertified to sit as a Temporary Judge for the Los Angeles Superior Court. Having served for the many years, Mr. McNicholas sits on civil harassment courts issuing temporary restraining orders and injunctions.
Temporary Judges, or “judge pro tem”, are attorneys who volunteer their time and are trained to hear and decide cases. Every three years, attorneys must renew their status and provide verification of the mandatory Bench Conduct and Demeanor and Ethics training.
McNicholas & McNicholas, welcomes three new associates to the firm: Michael Kent, Abel Nair and Justin Eballar. Each bringing different backgrounds and expertise, their primary focus at the firm is practicing in all areas of civil litigation, including employment law, personal and catastrophic injury, professional liability and other consumer-oriented matters.
“As the firm prepares for several high-stakes trials in the coming year, we are pleased to have Michael, Abel and Justin join the firm,” says Partner Matthew McNicholas. “We know they will be tremendous assets to our firm’s longstanding success.”
With the steadily rising cost of litigation, a crop of companies are jumping into the equation and offering plaintiffs’ attorneys funding in personal injury cases in exchange for a piece of the recovery. In the article, “Suit Supporters Court Criticism” published by the Los Angeles Business Journal, Partner Patrick McNicholas says that although his firm does not work with third-party litigation funders, he does understand why plaintiffs’ attorneys are turning to this method.
“In most instances, plaintiffs can’t afford their own cases,” Mr. McNicholas comments. “For a medical malpractice claim, you’re talking about an expensive piece of litigation. Those expenses can be in the hundreds of thousands of dollars.”
While it may be appealing to some, third-party legal case funding has drawn much criticism for their business models and are pushing for stricter regulations on these firms.
On April 30, 2015, Urban Compass celebrated their 10-year anniversary by hosting a gala, “The Best is Yet to Come,” at the Los Angeles River Center & Gardens. The gala honored Verbum Dei High School and the Water Buffalo Club for their continued support of Urban Compass. The Rat Pack-themed event included dinner and drinks, whiskey tasting, a cigar bar and a special performance from fourth grade student Ashley Ropon.
Partner Patrick McNicholas, co-founder and board member of Urban Compass, would like to extend his gratitude for the overwhelming amount of donations, pledges and support received from the Los Angeles community. “We appreciate those who attended the event in support of Urban Compass, not only at the gala but throughout its 10 years,” Mr. McNicholas comments. “We look forward to continuing our work in the community.”
Urban Compass, a non-profit organization serving the diverse youth in the economically challenged Watts community, focuses on providing mentorship from local high school and college students, core academic support, and engaging enrichment activities.
In the article, “California county to pay man beaten by deputies on video” published by Associated Press, Partner Matthew McNicholas discusses the win-win result for both parties involved in a federal civil rights investigation.
On April 9, plaintiff Francis Pusok was involved in a horse chase with San Bernardino deputies after attempting a search warrant on Pusok in an identity-theft investigation. Captured by a helicopter TV news crew, the video shows Pusok being punched and kicked numerous times with his face down, legs stretched out and hands behind his back.
On April 21, the County initiated and agreed to pay Pusok a $650,000 settlement in order to avoid a civil lawsuit. Mr. McNicholas said the agreement was an “excellent result for all sides,” and a fiscally and morally responsible action by the County. “It ended up, I believe, saving the taxpayers money and probably putting more money in the plaintiff’s pocket,” he added.
McNicholas & McNicholas invites you for dinner, cocktails and entertainment in celebration of the 10th Anniversary of Urban Compass, a non-profit organization focusing on serving the diverse youth in Watts, an economically challenged area in Los Angeles. To be held on Thursday, April 30 at 6:30 p.m. at the Los Angeles River Center & Gardens, the event will honor Urban Compass’ community partners, Verbum Dei High School and the Water Buffalo Club.
Partner Patrick McNicholas co-founded the organization and serves on the Board of Directors where he is responsible for planning various events, allocating budgets and ensuring the vision of the organization comes to fruition.
Urban Compass focuses on providing mentorship from local high school and college students, core academic support, and engaging enrichment activities.
With limited seats remaining, you can reserve your ticket here. If you are interested in becoming a sponsor, please contact Executive Director Xochiltl Bravo at xrbravo@urbancompass.org or (323) 383-7588.
The article, “McNicholas family works together as plaintiff lawyers,” published by Daily Journal features the firm’s long-standing family history, as well as the successes they’ve achieved since opening their doors in 1993. McNicholas & McNicholas was founded by patriarch John McNicholas and his son, Patrick, who have since then employed daughter and sister Courtney for a few years, as well as their son, brother and third partner Matthew. The firm represents plaintiffs in a range of areas, including catastrophic personal injury, employment and other consumer-oriented matters.
With more than five decades of experience as a trial lawyer in both the plaintiffs and defense side, John has represented prominent figures throughout his career, including the Isley Brothers and the Vatican Library. John comments, “You gotta be crazy to do trial work, but it’s the best job I’ve ever had and I’m not quitting.”
Patrick’s achievements in personal injury, employment and class action law has allowed him to also find his work personally rewarding. Recalling the significance of his $2.3 million verdict on behalf of the first ever female member of the SWAT team he says, “It also helped to move the needle generally on a societal level that everyone has to be accepted on merit, not on whatever class they fall into.”
Like his older brother, Matthew also finds his trial work very rewarding. In a recent case, he represented Sergio Arreola, who was a victim of excessive force from the Pomona Police Department and was later fired by the LAPD. Matt helped get Mr. Arreola reinstated, a situation rarely seen in the department. “It made me feel happy about what I do,” says Matt.
As a family that successfully balances overhead and services to clients, Patrick says, “All of our values and priorities are in line, so at the end of the day, any grievances or disagreements fall away based upon a common goal and affinity for each other.”
Partner Matthew McNicholas appeared on ABC’s Good Morning America discussing the lawsuit the firm recently filed against Spike TV, on behalf of contractor Jeff Dillman, for allegedly luring him to a fake client's house in order to ambush Mr. Dillman with camera crews and threaten him that if he did not participate in the show To Catch a Contractor, they would assist the homeowner in taking him to court concerning problems for a remodeling job.
As also published by The Hollywood Reporter, Mr. Dillman arrived at a Los Angeles home believing he was going to retrieve a check for contracted work. Instead, he was surprised by the show’s cast and crewmembers, as well as a bouncer blocking the door. Mr. McNicholas’ client was then forced to sign a release, appear on the show and complete the remodeling project, in which he was paid $10,000 for his participation. In the course of the show, they brandished his picture while calling him a criminal.
The show aired on Spike TV on March 23, 2014.
Attorney Alyssa K. Schabloski, who serves as the Vice Chair of the New Lawyers of Consumer Attorneys Association of Los Angeles (CAALA), will moderate the 18th Annual Trial Lawyer Skills for the New Attorney seminar. To be held on March 28 at the Biltmore Hotel in Downtown Los Angeles, the seminar will provide new attorneys with basic trial lawyer skills and secrets from a renowned group of plaintiff trial lawyers. Topics that will be discussed, include ethics, client relationships, written and oral discovery, the entire trial process and more.
The New Lawyers of CAALA is an organization for attorney members of CAALA who have been admitted to the practice of law for less than 10 years. CAALA is a legal professional organization comprised of more than 2,800 members. Through education and training, CAALA focuses its efforts on promoting professionalism, ethics and the highest quality of legal representation.
In the article, “California Supreme Court to consider if class arbitration should be decided by arbitrator or judge” published by Inside Counsel, Attorney Douglas Winter discusses the implications of the Sandquist v. Lebo Automotivecase, which will ultimately determine who decides class arbitration. The plaintiff in this case was allegedly forced to resign from a dealership, and then claimed discrimination and a hostile work environment, seeking damages, injunctive relief and declaratory relief. However, in an employment agreement he agreed that any claim on the job would be addressed exclusively by arbitration.
While the general perception is that arbitration will result in smaller awards for plaintiffs, that is not always the case. Additionally, arbitration can be just as complex as a court proceeding, more expensive, and not always the most efficient or quickest. Mr. Winter adds, “it’s not as streamlined as you would think.” Once a decision is made in the Sandquist case, it will decide whose responsibility it is to determine if employees intended to waive rights to class claims.
The Federal Arbitration Act and the California Arbitration Act reflect a public policy favoring arbitration, and as a result courts are increasingly called upon to determine whether a dispute is covered by an arbitration agreement. In the Daily Journal article, “Who decides if class arbitration is OK?” attorney Douglas D. Winter discusses the FAA’s broad enforcement of arbitration provisions in contracts.
Mr. Winter states, “Once the court finds that there is a valid agreement to arbitrate and there is no basis for its revocation or waiver, the court looks to the arbitration agreement itself to determine whether the parties agreed to arbitrate class claims…” Mr. Winter highlights several case examples determining whether the agreement allows the plaintiff to pursue class and representative claims in arbitration, or if it requires arbitration of claims on an individual basis only.
He advises that all practitioners carefully review their client’s arbitration agreement as if class claims are expressly authorized or prohibited, the nature of the ensuing arbitration should be readily ascertainable.
Though the potential implications of both the arbitrator’s interpretation and the court’s interpretation are noteworthy, “the question as to ‘who decides’ the class versus individual arbitration issue will be settled shortly in California,” he adds.
Attorney Alyssa K. Schabloski will serve on the 2015 Board of Directors for the Los Angeles Trial Lawyers’ Charities(LATLC). After a rigorous selection process, the final selections were made based on background, character and reputation within the legal community. As a Board Member, Ms. Schabloski will help raise money and awareness of the impact that trial lawyers have in the community through financial support and community service projects.
LATLC is a nonprofit corporation that provides financial assistance to children, battered women, and the homeless.
Attorney Alyssa K. Schabloski will volunteer in the Los Angeles Trial Lawyers' Charities' (LATLC) Adopt-A-Family Event at St. Anne’s in Los Angeles on Saturday, December 20 from 8:15 a.m. to 12:00 p.m. Ms. Schabloski, who will serve on the LATLC’s 2015 Board of Directors, will assist in loading gifts onto the vehicles of families who are being supported by the event.
The Adopt-A-Family Program provides families in need with a requested wish list of items for the holiday season. All items are donated by individuals, groups, community members and local businesses who choose to sponsor a family seeking assistance.
Partner Patrick McNicholas will present at the 2014 California Workers’ Compensation Defense Attorneys’ Association’s (CWCDAA) Annual Winter Conference at the JW Marriott Desert Springs Resort & Spa in Palm Desert, CA on December 5, 2014. Mr. McNicholas’ panel, “Identifying and Protecting Your Clients’ Third Party Case”, will discuss how workers’ compensation attorneys and their clients can benefit from seeking the assistance of a plaintiff’s attorney to identify if a third party exists in a work accident, and how an employer can recoup some of the monies paid to a claimant if a third party does exist.
The CWCDAA’s Annual Winter Conference brings together licensed attorneys who are involved in the defense of workers’ compensation cases in California.
LAPD Senior Lead Officer, Michael Fernandez, works Newton Division, one of the Department’s most difficult areas. He has dedicated his time to bringing resources to families in need throughout the Division. Through his efforts, he has helped countless families with meals during the holidays, as well as basic necessities they simply cannot afford.
We need your help! If you are interested in donating to the following programs, please contact us at (323) 846-3937.
Attorney David Angeloff was a guest lecturer at the University of San Diego School of Law on the subject of litigating employment discrimination cases on October 29, 2014. He discussed the Fair Employment and Housing Act and lectured on the practical aspects of fact gathering and case evaluation, with an emphasis on issues unique to employment litigation.
In the article, “Handling sexual harassment in law enforcement workplaces,” published in Daily Journal, attorney Alyssa K. Schabloski examines the difficulty law enforcement officers may have when it comes to reporting sexual harassment. “Sexual harassment in the enforcement workplace can present unique challenges to those who suffer from it, as well as those who report it,” says Ms. Schabloski. Due to its paramilitary organization where a clear chain of command exists, once an officer breaks that chain, he or she can gain a reputation of being untrustworthy.
In the law enforcement industry, being untrustworthy can mean the difference between life and death, as well as the risk of being ostracized; therefore, making it difficult for an officer to report sexual harassment or a victim coming forth.
She adds, “When enforcing the law becomes a risk, due to fears of retaliation or otherwise, the officer’s worldview can change.”
As published in Inside Counsel, McNicholas & McNicholas filed a lawsuit against Kaiser Foundation Health Plan, Inc., on behalf of discharged family medicine physician Jay Espejo, M.D., M.P.H. for retaliation and wrongful termination. The complaint alleges that Dr. Espejo was wrongfully terminated just two weeks after his promotion, when he reported a fellow doctor’s problematic pattern of enabling “doctor shopping” and prescribing narcotic drugs with no apparent medical necessity to patients exhibiting drug-seeking behavior.
The lawsuit also alleges that the hospital’s actions clearly demonstrate that they prioritize and support physicians catering to patient demands over providing quality and necessary medical care.
McNicholas & McNicholas is proud to sponsor the Los Angeles Police Protective League's Eagle & Badge Gala on Wednesday, November 19 at 5:30 p.m. at the Hyatt Regency Century Plaza. Proceeds from the event will benefit Los Angeles police officers, their families, as well as children in the communities they serve by providing benefits and scholarships. Recent donations to the Eagle and Badge Foundation assisted in medical bills for an LAPD detective’s daughter battling cancer and funded the cost of service dogs for two LAPD officers’ autistic children.
McNicholas & McNicholas celebrated Urban Compass’ 10 year anniversary on September 17 at 6pm at Tanzy Restaurant in Los Angeles.
Partner Patrick McNicholas co-founded the organization and serves on the Board of Directors where he is responsible for planning various events, allocating budgets and ensuring the vision of the organization comes to fruition.
Urban Compass is a non-profit organization that serves Los Angeles youth who live in economically depressed areas through mentoring, education, play and enrichment activities. Built in partnership with local schools, the programs are tailored to the make-up of each surrounding community and are provided after school and during the summer months.
Partner Matthew McNicholas was featured in the article, “Utilities Can Help Landlords Violate LARSO” published by GlobeSt.com, discussing that landlords with Los Angeles Rent Stabilization Ordinance (LARSO) controlled properties, may be using water utility bills to augment below-market rents. Mr. McNicholas said, “When there is only one meter for multiple dwellings, owners have been seen to use a formula to try and pass-through variable utility costs. This is not based on actual usage, but an averaging based on square footage of the rental unit and number of residents…the motive is unclear, but the violation is.”
Mr. McNicholas also added that utilities don’t play a role as they issue one bill to the property owner. When asked how tenants can fight back, he commented, “Tenants should complain to the landlord. If that doesn’t work, take the issue to the Rent Adjustment Commission for the Los Angeles Housing Department that implements LARSO. If, as is common, the RAC does nothing with the complaint, tenants should aggregate themselves and find counsel.”
McNicholas & McNicholas is a proud sponsor of the Midnight Mission Running Club, a sobriety program implemented by Superior Court Judge Craig Mitchell which allows participants to take part in training runs every Tuesday, Thursday and Saturday mornings. An avid runner himself, Judge Mitchell trains participants for marathons such as the Los Angeles Marathon, provides them with running shoes and pays for their entry fees.
Midnight Mission is an organization that offers a path to self-sufficiency to men, women and children who have lost everything. They offer a 12-step recovery program, job training, education and work programs for their residents to lead productive lives.
In the National Law Journal article, “An All Too Familiar Scenario in the Death of Michael Brown,” author Matthew McNicholas explores the details of the Michael Brown case and its similarities to the wrongful-death shooting of Culver City robbery suspect LeJoy Grissom. In 2013, Mr. McNicholas obtained an $8.8 million verdict on behalf of Mr. Grissom’s family.
Generally, in a case where an officer uses deadly force and kills someone, a civil rights lawsuit under the Fourth Amendment follows. The jury must determine if the officer passes the “objectively reasonable” test, which establishes what the shooting officer knew and observed for him to believe he or the public is in imminent danger, as well as the physical evidence. Mr. McNicholas explains that the jury must consider the officer’s explanation of why he fired his weapon at the moment he pulled the trigger.
“It comes down to the jury, and the critical question for jurors to decide is: At the time the officer fired his weapon, did he believe he or the public was in immediate fear of death or serious injury?” says Mr. McNicholas.
McNicholas & McNicholas were gold sponsors of the Third Annual Los Angeles Police Emerald Society (LAPES) Pipes and Drums fundraiser dinner, “Cigars Under the Stars,” held on August 22, 2014 at the Mountain Gate Country Club in Los Angeles, CA. The event raises money for LAPES Pipes and Drums in order to purchase equipment, uniforms, instruments and performance expenses.
The Los Angeles Police Emerald Society Pipes and Drums is a volunteer organization where its members play bagpipes at funerals in honor of fallen officers.
Partner Matthew McNicholas was featured in the article, “Jury will use objective reasonableness in Ferguson shooting case” published by InsideCounsel, explaining the “objective reasonableness” test and how it will affect the ruling in the Michael Brown shooting case against Officer Darren Wilson in Ferguson, MO. As publicized in the media, Mr. Wilson shot and killed Michael Brown, an unarmed African-American teenager who was a suspect in a robbery. It will be up to the jury to decide if Mr. Wilson used “objective reason” during the incident.
Mr. McNicholas says, “That standard requires the jury to analyze the relevant facts to determine whether the officer had an objectively reasonable belief that he or the public was in imminent danger of serious bodily injury or death. If the answer is ‘yes,’ then deadly force was allowed. This standard means that the officer’s subjective belief is not relevant – the jury cannot consider it.”
In the Daily Journal article, “Law schools, legal aid society partner in innovative incubator for new lawyers”, Partner Matthew McNicholas discusses the booming trend of incubator programs for recent law graduates to gain hands-on experience. Part of the Legal Aid Society of Orange County, the program will allow graduates to represent low to modest income clients with basic consumer and family law matters, including landlord-tenant, personal injury, immigration and criminal cases.
Participants will first go through a “boot camp” on legal ethics and basic skills, as well as regular training on select topics and occasional phone support while at court. Several law schools have implemented and launched this type of program, including Loyola Law School, where alumnus Mr. McNicholas hopes to mentor in the school’s program.
Mr. McNicholas says, “Law school education is no longer the X’s and O’s of the law. There’s an expectation of transitioning folks to the workforce.”
McNicholas & McNicholas hosted their firm-wide summer social at Tanzy Artisanal Italian Restaurant in Westwood on July 23, 2014 from 6pm – 9pm. The event brought the firm’s colleagues together to enjoy delicious Italian food and drinks.
Awards & Accolades
Attorneys Justin Eballar and Michael Kent were named 2018 Southern California Super Lawyers Rising Stars for their plaintiffs’ work in the areas of employment litigation, personal injury, class actions and mass torts. This marks the first year Justin has been selected for inclusion, and the second year for Michael.
Super Lawyers is a rating service that lists outstanding lawyers from a wide range of practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. The Rising Stars list selects the top 2.5 percent of lawyers in Southern California who are under 40 years of age, or who have been practicing for 10 years or less.
Partners John McNicholas, Matthew McNicholas and Patrick McNicholas, as well as Attorney Juan Victoria have been named to the 2018 Southern California Super Lawyers list. Matt and Pat were also named to this year’s Top 100 list.
Pat has been named a Super Lawyer since 2004; John and Matt since 2005; and Juan since 2016, after having been named a Rising Star for five consecutive years. The team was recognized for their work in employment and labor, personal injury, class action and general litigation.
Super Lawyers is a rating service of the top five percent of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
McNicholas & McNicholas was ranked Metropolitan Tier 1 in Los Angeles in U.S. News – Best Lawyers® 2018 Best Law Firms list. The firm earned its Tier 1 ranking for its plaintiff’s work in personal injury litigation.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that involves the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms.
We are pleased to announce that Partner Matthew McNicholas was selected as a finalist for Los Angeles Business Journal’s 2017 Leaders in Law Awards.
The Los Angeles Business Journal recognizes the accomplishments and significant role that general counsel and leading attorneys play in the success of a business enterprise. Candidates were recognized for their exceptional legal skills across the full spectrum of responsibility, exemplary leadership and for their contributions to the Los Angeles community at large.
Daily Journal has named McNicholas & McNicholas to its 2017 Top Boutique Law Firms list, recognizing the firm’s plaintiff work on behalf of individuals who have faced discrimination, workplace retaliation and catastrophic injuries.
Founding Partner and patriarch John P. McNicholas brings more than five decades of experience and a client list that boasts large institutions, including the Vatican. McNicholas often brought work home with him, and his children Matthew, Patrick and Courtney McNicholas often looked over his shoulder. This early interest in law stuck with them, and they followed in their father’s footsteps, building the firm into the plaintiffs’ powerhouse it is today.
Much of their practice involves personal injury, products liability and employment cases, which focus on police officers, firefighters and sheriff’s deputies in whistleblower and discrimination cases. Daily Journal highlighted a recent success in which Matt obtained a $1.25 million settlement on behalf of LAPD Officer Victoria DeBellis and her husband Sergeant A.J. after the couple experienced religious discrimination, sexual harassment and physical harm.
Police employment cases are “the crossroads of many different legal and social threads,” said Matt. “Unlike so many jobs, theirs is infused with a lot of social threads.” Matt notes that there is
The Los Angeles Superior Court has recognized Partner John McNicholas for his service as a Temporary Judge. John has served as a Temporary Judge since 2008, hearing civil harassment, domestic violence and elder abuse cases. He previously served as a Judge Pro Tempore.
The Los Angeles Superior Court's Temporary Judge Program has been highly effective thanks to the participation of dedicated Bar members. Temporary Judges serve at the discretion of the Presiding Judge and must be members of the California State Bar in good standing for at least 10 years.
Partner Patrick McNicholas’ verdict of $1.7 million on behalf of Judy Oliveras in Oliveras v. Dason was ranked 7thamong TopVerdict.com’s Top 20 Court Awards in California in 2016. Ms. Oliveras was sexually harassed and constructively terminated by her employer. She was subjected to offensive sexual comments and inquiries, as well as other types of sexual misconduct during her employment.
TopVerdict.com recognizes U.S. law firms and attorneys who have obtained one of the highest jury verdicts, court awards or settlements in the nation or an individual state, in a particular area of law and year.
We are pleased to announce that four of the firm’s cases were selected for inclusion to The Recorder’s California Top Verdicts and Settlements of 2016.
Maria Elena Montoya v. City of Los Angeles is ranked the 10th highest employment verdict in 2016 at $2.1 million; Judy Olivares v. Sam Dason and Sam Daniel Dason DDS, a Professional Dental Corporation was named the 12th highest employment verdict at $1.7 million; Wayne Guillary v. City of Los Angeles was named top settlement award at $500,000; and Ana Cortez v. Min Sun Choi was ranked as a top verdict in the motor vehicle category at $331,000.
Each year, The Recorder publishes its Top Verdicts and Settlements in California supplement, which recognizes the highest grossing awards in categories such as motor vehicle, employment, wrongful death and product liability.
McNicholas & McNicholas is pleased to announce that Partner Matthew McNicholas was featured as a Local Litigation Star in Benchmark Litigation 2018.
Benchmark Litigation is the only publication to focus exclusively on U.S. litigation. The publication’s rankings and editorials stem from the culmination of a six-month research period during which researchers conduct extensive interviews with litigators and their clients to identify leading litigators and firms.
Partners John McNicholas, Patrick McNicholas and Matthew McNicholas were selected by their peers for inclusion in The Best Lawyers in America© 2018. This marks the third year John and Pat have been listed for their plaintiffs’ work in personal injury litigation. Matt has been listed for six consecutive years for his plaintiffs’ work in personal injury litigation.
For more than three decades, Best Lawyers® has become regarded as the definitive guide to legal professionalism and excellence around the globe. Best Lawyers® is based on an exhaustive peer-review survey. More than 52,000 leading attorneys cast 5.5 million votes on the legal abilities of other lawyers in more than 130 practice areas.
Daily Journal named Partner Matthew McNicholas to its 2017 Top Plaintiff Lawyers in California list, recognizing his work on behalf of Los Angeles Police Department officers who have faced harassment, discrimination and retaliation. One case highlighted in Matt’s feature was Atkins v. City of Los Angeles, in which he obtained a $12.3 million verdict on behalf of five Los Angeles Police Department Academy recruitment officers who were injured during training, and then fired. The ruling is the largest employment verdict to date against the LAPD.
Matt commented, “From my 20 years of experience, I can tell you that the LAPD lives in a world all its own, and that’s why I have to keep doing these cases. It’s a huge assault on the resources that we have. We only have 9,800 sworn officers to cover around 4 million people – you can’t afford to lose the really good ones.”
Attorney Michael Kent was named a 2017 Southern California Super Lawyers Rising Star for his plaintiffs’ work in the areas of employment litigation, personal injury, professional liability, consumer law, and class actions and mass torts.
Super Lawyers is a rating service that lists outstanding lawyers from a wide range of practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. The Rising Stars list selects the top 2.5 percent of lawyers in Southern California who are under 40 years of age, or who have been practicing for 10 years or less.
Daily Journal named Senior Attorney Courtney McNicholas to its 2017 Top Women Attorneys list, recognizing her plaintiff work on behalf of Los Angeles Police Department officers who have faced harassment, discrimination and retaliation. One case highlighted included Greg G. et al. v. City of Los Angeles, in which Courtney represents four officers from the LAPD’s elite Internal Surveillance Unit who were allegedly removed for complaining about a captain’s plan to alter their schedules. The same captain was allowed to participate in the outcome of an internal investigation. The trial is slated for January 2018.
Courtney commented, “I feel like this was my calling, what I was meant to do. There’s no other job I’d rather have and no other place I’d rather do it.”
In his Attorney at Law Magazine Attorney of the Month feature, Partner Matthew McNicholas discussed starting his career in law at the age of 14, what makes him a successful trial lawyer, and spending time with his family.
Growing up watching his father and siblings go to trial, it was clear to Matthew at a young age that he would become a trial lawyer as well. Today, as an advocate for victims of catastrophic injury, wrongful death, sexual assault and employment violations, Matthew fights for his clients to get the justice they deserve. “The types of trials I’m involved in can take a huge emotional toll on the people involved,” explained Matthew. “So, I tell my clients that trials are like chemotherapy — you do it because you have to, not because you want to. And you hope your life is better on the other side.”
For Matthew, intensive trial preparation is the key to success. “My trial preparation begins two to three weeks prior to trial by reviewing all the materials and preparing my examinations, which requires reading all depositions, analyzing all exhibits and annotating my exhibit books,” he added. “From there, I spend countless hours reviewing witness preparations, depositions and ultimately strategizing on building a strong and solid case.”
Outside the courtroom, Matthew is dedicated to his family. Although his busy schedule can be difficult to work around, Matthew’s wife understands the demands of his job: they met during their first year of law school, and she practiced law before she left to raise their three children. “Lawyer, husband, father, those are my three jobs,” said Matthew.
The Daily Journal recognizes Partner Matthew McNicholas’ verdict in Montoya v. City of Los Angeles as a 2016 Top Plaintiffs’ Verdict by Impact in its annual report. Matt’s successful representation in Montoya is part of a long campaign to end police retaliation against its officers. “Retaliation pins a scarlet letter on you, sends you a message,” Matt said. “We’re trying to send a message back.”
On April 5, 2016, Matt obtained a $2.1 million verdict ($3.1 million judgment once statutory fees were added) on behalf of former LAPD detective Maria Elena Montoya, who was retaliated against after taking a medically-ordered and approved disability leave. She alleged that upon returning to work, her supervisors subjected her to adverse employment actions, including stripping her of her Peace Officer powers, transferring her out of a coveted detective assignment, suspending her and more. As a direct result of these actions, she not only suffered humiliation, anxiety and emotional distress, but irreparable damage was done to her career.
Partners John McNicholas, Matthew McNicholas, Patrick McNicholas and Attorney Juan Victoria have been named to the 2017 Southern California Super Lawyers list. Patrick and Matthew were also named to this year’s Top 100 list.
Pat has been named a Super Lawyer since 2004, John and Matthew since 2005, and Juan since 2016, after having been named a “Rising Star” for the past five consecutive years. The team was recognized for their work in employment and labor, personal injury, class action and general litigation.
Super Lawyers is a rating service of the top five percent of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
The National Law Journal recognized partner Matt McNicholas in its 2016 Elite Trial Lawyers report as a finalist in the employment category. The award recognizes elite trial law firms with “some of the most creative and significant work on the plaintiffs side over the past three to five years.” Matt was recognized for his success in obtaining numerous employment verdicts and settlements against the city of Los Angeles and the Los Angeles Police Department, including a landmark $12.3 million verdict on behalf of five recruit officers who were injured during Los Angeles Police Department Academy training and then told that they must return to the academy before they fully recovered or be fired.
In his interview with The National Law Journal, Matt commented on the impact of this case, “A verdict of this magnitude has the power to change how police departments nationwide treat their esteemed recruits, officers and staff.”
McNicholas & McNicholas tirelessly advocates for clients who have faced discrimination, retaliation and other workplace issues. “We are three generations of professional and dedicated lawyers who have secured more than $1 billion in client results,” Matt added.
McNicholas & McNicholas has been selected as a finalist for The National Law Journal’s 2016 Elite Trial Lawyers report in the category of employment. The Elite Trial Lawyers report recognizes law firms that achieved high-dollar recoveries for clients and did some of the most creative and significant work on the plaintiffs’ side.
Among the firm’s many successes is obtaining the largest employment verdict to date against the LAPD in Atkins, et al. v. City of Los Angeles. The firm also obtained a $12.3 million verdict on behalf of five recruit officers who were injured during LAPD academy training. Moreover, McNicholas & McNicholas filed seven employment class actions against major retailers, such as Williams Sonoma, Forever 21 and GAP, on behalf of on-demand employees. The firm’s efforts led to many of these retailers ending their on-call shift policies.
In its October issue, Attorney at Law magazine spotlights Partner Patrick McNicholas as Attorney of the Month. In his featured profile, Pat discusses his motivation for becoming an attorney, his most rewarding case and continuing advocacy outside of the courtroom.
Pat notes that law is in his blood. His father, attorney John McNicholas, has been practicing for more than five decades, and following in his footsteps became natural. “There are seven of us siblings altogether,” said Pat. “Three of us became lawyers. I think it’s because we didn’t really know anything else.”
Although being a lawyer is filled with its own obstacles and difficulties, Pat finds it to be extremely rewarding. One case in particular encompassed all the factors that move an attorney to continue client advocacy. The case involved a sexual abuse accusation made by a boy against his former soccer coach and teacher. The jury returned a record-breaking verdict in the boy’s favor, which was not only a victory for Pat, but for the victim’s family as well.
Advocacy does not end in the courtroom. In 2005, Pat co-founded Urban Compass. Based in Watts, the organization provides youth with support and access to education systems to empower them and set them up for success. With all of his work in and out of the courtroom, it is no wonder why Pat is selected as Attorney of the Month.
U.S. News – Best Lawyers® ranks McNicholas & McNicholas on the 2017 Best Law Firms list in the Metropolitan Tier 1 Ranking in Los Angeles for their work in personal injury litigation.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that involves the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms.
Partners Patrick McNicholas and Matthew McNicholas were selected for membership to the National Trial Lawyers Top 100 Attorneys organization for their plaintiff work in civil matters.
National Trial Lawyers is a national professional organization composed of outstanding trial lawyers around the nation who demonstrate leadership, reputation, influence, stature and public profile. Selection is based on a multi-phase process which includes peer nominations and third-party research
Partners John McNicholas, Patrick McNicholas and Matthew McNicholas were selected by their peers for inclusion in The Best Lawyers in America© 2017. This marks the second year John and Pat have been listed for their plaintiffs’ work in personal injury litigation. In addition to his fifth consecutive year being listed, Matt has been named the 2017 Lawyer of the Year for his plaintiffs’ work in personal injury litigation.
For more than three decades, Best Lawyers® has become regarded as the definitive guide to legal professionalism and excellence around the globe. Best Lawyers® is based on an exhaustive peer-review survey. More than 52,000 leading attorneys cast 5.5 million votes on the legal abilities of other lawyers in more than 130 practice areas.
Partner Patrick McNicholas was selected as a finalist for Los Angeles Business Journal’s Nonprofit and Corporate Citizenship Award. He is recognized in the category of Corporate Leadership Excellence for his work with Urban Compass.
In 2004, Patrick and his close friend Don Morgan founded Urban Compass, an organization which provides a safe environment to nurture the educational, cultural and emotional growth of at-risk youth. He continues to drive the organization forward by expanding Urban Compass sites throughout California. Patrick also plans to create a middle school that supports the Urban Compass mission.
In a record-breaking year, three of Partner Matthew McNicholas’ cases were selected for inclusion on the 2015 list of “California’s Million Dollar Verdicts” including a premise liability settlement for $10 million and two employment settlements for $1.1 and $1.5 million. All three settlements all made The Recorder’s list of the highest settlements in California in their respective categories.
The $10-million-verdict lead poisoning case (Nolan v. State of California, Department of Transportation) is The Recorder’s fourth highest premise liability award. The case involved a young child with lead poisoning from old paint in a home rented from Caltrans, which ultimately caused permanent brain damage and rendered him unable to form words.
Shoemaker v. City of Los Angeles was named the second highest employment award at $1.5 million. After severely injuring his left knee at work, the Los Angeles Police Department failed to properly determine and accommodate Jeffrey Shoemaker’s work restrictions. The nine-year veteran was assigned to the training division as a firearms instructor and his injuries were exacerbated. When Shoemaker expressed his opposition to the department's practices, he was harassed and retaliated against.
Podesta v. City of Los Angeles’ $1.1 million settlement was named the third highest employment award. Podesta, a 20-year LAPD veteran, was retaliated against after complaining that a new captain actively sought to promote racial minorities and moved him out because he was white. The retaliation and negative employment actions caused damage to Podesta’s professional reputation and prevented him from being selected for other units.
Attorney at Law magazine features family-owned McNicholas & McNicholas as law firm of the month. The article “Three Generations Building Trust” highlights the firm’s impeccable legal reputation and community service record. “We’ve developed a winning reputation through our case results,” said Partner Patrick McNicholas. “When you look at the civil and legal process as being a collaborative one, it tends to produce a better and more efficient result,” he said.
That efficiency translates to the firm’s winning reputation, having tried more than 150 trials to verdict and securing more than $600 million in results on behalf of clients. Since being founded in 1993, the firm has expanded to include 13 attorneys with clients throughout the United States.
Patrick has more than 25 years’ experience and is behind some of the most challenging cases from horrific plane crashes to deadly school shootings to repulsive child sexual abuse cases. His brother Matthew represents victims in a range of areas, including catastrophic injury, wrongful death, and employment law. More specifically, Matt has recovered more than $50 million on behalf of police officers and firefighters in cases involving racial and sexual harassment, discrimination, retaliation and wrongful termination.
Partner John McNicholas has been selected for inclusion on the 2016 Southern California Super Lawyers list for his work in business litigation; Partners Patrick McNicholas and Matthew McNicholas, and Associate Juan C. Victoria have been selected for their plaintiff work in personal injury. Additionally, both Patrick and Matthew have been selected for inclusion on this year’s “Top 100” list.
Patrick and Matthew have been named a Super Lawyer for 12 consecutive years and John for 11 consecutive years. This marks the first year Juan has been selected as a Super Lawyer, after being named a “Rising Star” for the past six years.
Super Lawyers is a rating service of the top five percent of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
U.S. News – Best Lawyers® ranks McNicholas & McNicholas on the 2016 Best Law Firms list in the Metropolitan Tier 1 Ranking in Los Angeles for their work in Personal Injury Litigation.
The U.S. News – Best Lawyers® Best Law Firms rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.
Partners John McNicholas, Patrick McNicholas and Matthew McNicholas were selected by their peers for inclusion in The Best Lawyers in America© 2016 list. Matthew has been listed for four consecutive years for his Plaintiffs’ work in personal injury litigation. This marks the first year John and Patrick have been listed for their Plaintiffs’ work in personal injury litigation.
For more than three decades, Best Lawyers® has become regarded as the definitive guide to legal professionalism and excellence around the globe. Best Lawyers® is based on an exhaustive peer-review survey. More than 52,000 leading attorneys cast 5.5 million votes on the legal abilities of other lawyers in more than 130 practice areas.
McNicholas & McNicholas’ $12.3 million verdict in the Atkins v. City of Los Angeles case has been listed as the #14 verdict in the Los Angeles Times’ Top Verdicts and Settlements of 2014.
In the largest employment verdict ever against the Los Angeles Police Department (LAPD), Lead Counsel Matthew McNicholas represented five recruitment officers who were injured during the LAPD Academy training. Before they were fully recovered, the plaintiffs were given an ultimatum, where they had to either return to the Academy immediately or leave by resignation or termination. The plaintiffs were eventually fired. Mr. McNicholas proved failure to accommodate and failure to engage in the interactive process, resulting in a $12.3 million verdict, and a $14 million judgment when the court added fees and costs under the employment law statute.
Attorney Juan C. Victoria was selected for inclusion on the 2015 Southern California Super Lawyers Rising Stars list. Mr. Victoria has been named to the list since 2010 for his work in personal injury.
Super Lawyers is a rating service of outstanding lawyers from a wide range of practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. The Rising Stars list selects the top 2.5 percent of lawyers in Southern California who are 40 and under, or who have been practicing for 10 years or less.
In a special issue, Daily Journal recognized the most significant and impressive victories during 2014 to honor exceptional work by litigators. Partner Matthew McNicholas’ case, Arreola v. City of Pomona et al., was selected as a top plaintiffs’ verdict by impact, recognizing his ability to secure verdict in federal court on behalf of Sergio Arreola who was subject to excessive force by the Pomona Police Department.
Mr. Arreola was a probationary Los Angeles Police Department (LAPD) officer when he was arrested for assault and resisting arrest by the Pomona Police Department after claims were made he arrived belligerent to his wife’s traffic accident. Mr. Arreola was fired from the LAPD after the incident.
Mr. McNicholas not only demonstrated that the Pomona officers made false accusations against Mr. Arreola, but successfully negotiated his client’s reinstatement to the LAPD, something that is rarely seen. Mr. Arreola later pursued a lawsuit against the City of Pomona and secured a $700,000 settlement. Mr. McNicholas added that the settlement could have been larger had Mr. Arreola not been reinstated, but getting his job back was the number one priority. “That was actually the most important thing to me, even though it made his lawsuit worth a lot less money,” Mr. McNicholas said.
The McNicholas & McNicholas employment case, Atkins v. City of Los Angeles, was selected for inclusion on the 2014 list of “California’s Million Dollar Verdicts” as published by The Recorder. Each year, The Recorder features the largest verdicts in various practice areas.
Partner Matthew McNicholas and Associate Alyssa K. Schabloski represented five recruitment officers who were injured during LAPD Academy training and were required to return to training before they fully recovered, or they would be fired. Totaling more than $12 million, this case is the largest employment verdict ever against the Los Angeles Police Department.
Partners John McNicholas, Patrick McNicholas and Matthew McNicholas were selected for inclusion on the 2015 Southern California Super Lawyers list. John was recognized for his work in business litigation. Patrick and Matthew were recognized for their plaintiff work in personal injury. Additionally, Patrick was selected for inclusion on the “Top 100” list.
John and Matthew have been named to the list since 2005, with Matthew being selected as a “Rising Star” in 2004. Patrick has been named a Super Lawyer since 2004.
Super Lawyers is a rating service of outstanding lawyers from a wide range of practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
Partner Matthew McNicholas was selected for inclusion in Lawdragon’s 500 Leading Lawyers in America 2014-2015 list, the most elite guide in the legal profession. Honorees are selected from a combination of editorial research, online voting, as well as an analysis of Mr. McNicholas’ recent significant legal achievements.
Lawdragon is a legal media company that provides online news and features for lawyers and firms.
U.S. News – Best Lawyers® ranked McNicholas & McNicholas on the 2015 “Best Law Firms” list in the Metropolitan Tier 1 Ranking in Los Angeles for their work in Personal Injury Litigation.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.
Partner Matthew McNicholas is the recipient of the Ambassador of Justice Award from California Rural Legal Assistance, Inc. (CRLA) for his long-term commitment to the fight for the justice and rights on behalf of California’s rural poor community. The recipients were honored at CRLA’s Los Angeles Tardeada “Building a Legacy of Justice” event on September 27th, 2014.
CRLA is a nonprofit organization that provides free legal services, community education and outreach programs to more than 40,000 California’s rural poor community. Established in 1966, they have 21 offices throughout California and are continuing to spread their message nationally.
Partner Matthew McNicholas was selected by his peers for inclusion in the Best Lawyers in America© 2015 list for his work in Personal Injury Litigation.
Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers® is based on an exhaustive peer-review survey. Over 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas.
Verdicts & Settlements
After a four-day bench trial, McNicholas & McNicholas associate David Angeloff secured a $552,000 verdict in a negligence and premises liability lawsuit on behalf of a worker who fell off a ladder and shattered his right elbow and arm.
On August 9, 2015, Isaac Soto was performing some maintenance on a car lot which had recently been purchased by his employers. The property owners instructed him to paint an auto-maintenance structure on the car lot and provided him with an unsafe ladder that was in such poor condition that the grip surfaces on the “feet” of the ladder that are meant to keep it in place were worn down to smooth, rounded metal surfaces.
While painting the structure 12 feet off the ground, the ladder slipped on the slick, grated metal ground, causing Soto to fall and badly shatter his right elbow and arm. In addition to providing an unsafe ladder, the property owners were negligent in failing to provide Soto with safety equipment, instructions on how to perform the job safely, and failing to ensure that someone was “spotting” him while he painted the structure.
McNicholas & McNicholas obtained a $1.35 million settlement in a negligence lawsuit filed on behalf of a young man who fell and suffered a brain bleed, leading to cognitive injuries.
On January 25, 2015, the man slipped and hit his head on the curb. He suffered a brain bleed. He was taken to UCLA Medical Center where he was hospitalized for two nights, but no surgery was needed.
In a settlement valued at $85 million, a federal court in California granted a final settlement approval of a nationwide class action settlement against Mercedes-Benz USA for allegedly failing to disclose a seat heater defect in certain Mercedes automobiles, which caused the seats to spark, smoke, overheat and/or catch fire according to the lawsuit. In addition to a free repair for current owners to prevent the problem from occurring in the future, class members who do not select the bypass-wire repair procedure will have extended warranty coverage, and those who previously experienced an issue will receive reimbursement for costs up to $1,000. Class members will also preserve their rights to bring claims for any personal injuries caused by a seat heater malfunction.
California-based trial law firms McNicholas & McNicholas, LLP, Frank Sims & Stolper LLP and Yuhl | Carr LLP, represent William and Elizabeth Callaway, as well as the proposed class of current and former owners and lessees of the affected vehicles, including the Mercedes 2000-2007 M-Class or ML-Class vehicles, 2006-2007 R-Class vehicles and 2007 GL-Class vehicles.
McNicholas & McNicholas secured a $1.5 million settlement on behalf of a woman who fell down five stairs and suffered injuries. The case settled on day 3 of jury selection in Riverside.
McNicholas & McNicholas secured a $4 million settlement on behalf of a family who lost their father in an auto accident.
Partner Patrick McNicholas and David Angeloff along with Todd Becker obtained a $6.6 million settlement on behalf of the families of three people murdered in a killing spree, against a property owner and a property management company. A substantial amount of evidence made it clear that the defendants were informed that the shooter posed a serious threat of violence to roommates. Despite this evidence, the defendants failed to ensure the safety of their residents. Over the course of three years, they took no actions to address any of the complaints about the shooter, and shuffled him from roommate to roommate. In 2014, he murdered his two roommates and their friend, before going on a shooting spree that left three dead.
McNicholas & McNicholas has obtained a $1,412,500 settlement on behalf of the family of Sweet Thak Tang for wrongful death, negligence and premises liability.
Tang was walking on the sidewalk when a tractor-trailer rig struck a low-hanging cable between a utility pole and the roof of an apartment building, causing a board from the roof to rip off and hit Tang in the head, knocking him unconscious. Tang later succumbed to his head injuries and died.
The property management company responsible for maintaining the premises, was aware of the partially detached cables hanging from the roof, but failed to fix them. The utility companies inspected the utility pole and wires, but failed to properly document, report and fix the obvious safety hazard of the cables, which hung well below the 18-feet minimum clearance.
Partner John McNicholas obtained a $1.4 million settlement on behalf of a motorcyclist injured in an auto accident. As a result of the accident, the motorcyclist sustained severe fractures to his lower left leg.
The Law Offices of Wallace Pate and Partner John McNicholas obtained a $1.5 million settlement on behalf of five foster children who were abused by their caregivers for nearly seven years. The children were physically and verbally abused in seven different foster homes operated by Interim Care Foster Family Agency.
While in the care of Interim Care Foster Family Agency, the children were beaten, assaulted and molested by their caregivers, as well as suffered from hunger and sleep deprivation.
Partner Matthew McNicholas and Associate Philip Shakhnis obtained a $1.45 million settlement for a carbon monoxide exposure case involving a rental unit and an indoor furnace.
Partner Patrick McNicholas’ verdict of $1.7 million on behalf of Judy Oliveras in Oliveras v. Dason was ranked 7thamong TopVerdict.com’s Top 20 Court Awards in California in 2016. Ms. Oliveras was sexually harassed and constructively terminated by her employer. She was subjected to offensive sexual comments and inquiries, as well as other types of sexual misconduct during her employment.
TopVerdict.com recognizes U.S. law firms and attorneys who have obtained one of the highest jury verdicts, court awards or settlements in the nation or an individual state, in a particular area of law and year.
We are pleased to announce that four of the firm’s cases were selected for inclusion to The Recorder’s California Top Verdicts and Settlements of 2016.
Maria Elena Montoya v. City of Los Angeles is ranked the 10th highest employment verdict in 2016 at $2.1 million; Judy Olivares v. Sam Dason and Sam Daniel Dason DDS, a Professional Dental Corporation was named the 12th highest employment verdict at $1.7 million; Wayne Guillary v. City of Los Angeles was named top settlement award at $500,000; and Ana Cortez v. Min Sun Choi was ranked as a top verdict in the motor vehicle category at $331,000.
Each year, The Recorder publishes its Top Verdicts and Settlements in California supplement, which recognizes the highest grossing awards in categories such as motor vehicle, employment, wrongful death and product liability.
McNicholas & McNicholas obtained a $950,000 settlement on behalf of an LAPD sergeant who was harassed and retaliated against for reporting the misuse of federal grant money. The sergeant was the Officer-In-Charge of the LAPD’s Counter Terrorism Training Unit, and in that role, he was designated to maintain, store and train the entire Department on the use of Personal Protective Equipment (PPE) in the event of a chemical attack. PPE was purchased through federal grant money.
The sergeant reported several violations of the federal grant, including the misuse of funds to purchase items other than PPE. After several years of investigations, he was demoted and moved out of his department. The stated reason for his demotion was a single instance of inappropriately working overtime during his 24-year career with the LAPD.
McNicholas & McNicholas obtained a $900,000 settlement on behalf of an LAPD officer who was retaliated against for refusing to put false information in a search warrant and subsequently reporting the incident to her lieutenant. Her work environment became so hostile that she had to request a transfer out of her division. Not only was her first transfer request denied, but even after she was granted a transfer, the harassment, discrimination and retaliation continued, which prevented her from obtaining assignments and promotions to which she was entitled, as well as being denied requests for sick days to care for a family member who had undergone surgery for Stage III cancer.
Additionally, nearly two years after initiating her complaint with the department, the officer was informed by Internal Affairs that the investigation into the allegations of misconduct still had not been resolved, and that all of the notes regarding the investigation had somehow been “erased.”
McNicholas & McNicholas obtained a $200,000 settlement on behalf of a woman who was sexually assaulted on the Los Angeles Metro’s Purple Line. The woman sued the County of Los Angeles for failure to take adequate security measures to prevent sexual assaults from occurring on the subway, despite numerous previous assaults.
McNicholas & McNicholas obtained a $350,000 settlement on behalf of a mother and daughter who were injured when two fire trucks collided at an intersection in Alhambra. Trucks from the Monterey Park and Alhambra Fire Departments crashed into a restaurant, injuring several people, including the mother and daughter.
The accident left the mother and daughter with physical orthopedic injuries, as well as post-traumatic stress syndrome.
McNicholas & McNicholas obtained a $475,000 settlement on behalf of a man who suffered permanent hearing loss after using defective ear plugs while testing out a new rifle. The ear plugs failed to suppress the gun shots as advertised, and at the end of his shooting session, the plaintiff realized that everything sounded muffled.
Unfortunately, he never regained his hearing after the shooting session, and as a result, the plaintiff was diagnosed with permanent, partial hearing loss. McNicholas & McNicholas sued the manufacturer of the defective ear plugs for product liability, negligence and fraud.
McNicholas & McNicholas represented the parents of a young man who was killed after being ejected from a car when an intoxicated driver lost control, causing the vehicle to roll multiple times. After spending two weeks in the hospital, the victim succumbed to his injuries. The case was settled before trial for policy limits.
McNicholas & McNicholas obtained a $995,000 settlement for a passenger who was injured in a plane crash at Glacier Park International Airport. As the plane was attempting to land, the left wing and body of the plane impacted the ground before skidding to a stop.
The defendants failed to exercise reasonable care in the maintenance and operation of the aircraft, and as a result, the plaintiff suffered injuries to his back and spine.
McNicholas & McNicholas represented the mother of a man who committed suicide while living at an adult residential facility. At the time of his admission, the facility was fully informed and aware of the man’s history, including his depression and recent history of two suicide attempts. However, the facility ignored this as well as other warning signs, and 15 days after his admission, the man committed suicide. The arbitrator awarded his mother $1 million, placing 60% of the fault on the residential facility and 25% on the admitting psychiatrist and psychologist.
McNicholas & McNicholas, LLP assisted Bridgford, Gleason & Artinian in obtaining a $1.62 million settlement on behalf of a woman who was burned while attempting to refill an ethanol fireplace. The lawsuit was filed against the woman’s interior decorator, an ethanol fuel distributor and manufacturer, and a fireplace distributor for negligence, design defects and inadequate warnings.
The ethanol fireplace and ethanol fuel were suggested, purchased and installed by the woman’s interior decorator. The fuel bottle did not have a flame arrestor on it, nor did it contain warnings about the risk of a flash fire from static electricity. The woman was burned while attempting to refill her fireplace and suffered from second- and third-degree burns.
The Daily Journal recognizes Partner Matthew McNicholas’ verdict in Montoya v. City of Los Angeles as a 2016 Top Plaintiffs’ Verdict by Impact in its annual report. Matt’s successful representation in Montoya is part of a long campaign to end police retaliation against its officers. “Retaliation pins a scarlet letter on you, sends you a message,” Matt said. “We’re trying to send a message back.”
On April 5, 2016, Matt obtained a $2.1 million verdict ($3.1 million judgment once statutory fees were added) on behalf of former LAPD detective Maria Elena Montoya, who was retaliated against after taking a medically-ordered and approved disability leave. She alleged that upon returning to work, her supervisors subjected her to adverse employment actions, including stripping her of her Peace Officer powers, transferring her out of a coveted detective assignment, suspending her and more. As a direct result of these actions, she not only suffered humiliation, anxiety and emotional distress, but irreparable damage was done to her career.
As published in Daily Journal, McNicholas & McNicholas obtained a $1.25M settlement against the City of Los Angeles on behalf of LAPD Officer Victoria and her husband Sergeant A.J. DeBellis for religious discrimination.
In addition to the couple facing religious discrimination, Victoria was also subjected to harassment. She had been a sworn-in officer for more than 10 years when she began experiencing harassment from a fellow officer, who propositioned her several times and touched her inappropriately, inflicting physical harm on her. As a result of Victoria’s’ rejection of these passes, she was assigned to another department, at which point the harassment and discrimination not only continued, but worsened. Another officer made derogatory statements about DeBellis and her religion, and even physically attacked her.
McNicholas & McNicholas was successful in proving violations of the Fair Employment and Housing Act, arguing that the Department failed to protect Victoria and A.J. from harassment, discrimination and retaliation.
As published in Daily Journal, Partner Matthew McNicholas was successful in obtaining a $500,000 settlement on behalf of 34-year-old Los Angeles Police Department veteran Sergeant Wayne Guillary. The lawsuit alleges that Guillary faced discrimination, harassment and retaliation for speaking out against suspected racism and illegal activity in the Department.
In one event, Guillary was berated and demeaned by a captain for merely informing his supervisor of a traffic accident in which an officer was taken to the hospital. In another incident in 2015, he received his first Notice to Correct Deficiencies for allegedly not informing his captain about a late-night police chase involving an officer; however, Guillary had called his captain the night of the incident, spoke to him and documented such call in the official division log. In the same year, Guillary was demoted from a watch commander due to a 1997 medical condition that had never been used against him before for any reason.
McNicholas & McNicholas Partner and renowned Los Angeles plaintiff’s trial attorney Matthew McNicholas secured a $500,000 settlement on behalf of a Los Angeles Police Department Sergeant against the LAPD for discrimination, harassment and retaliation. Sergeant Wayne Guillary was subjected to retaliatory actions, including unfair disciplinary actions, after speaking out about racial issues and what he believed were unlawful practices.
McNicholas argued that Guillary, a 34-year veteran of the LAPD was subjected to an effective demotion wherein all of supervisory duties and responsibilities were taken away from him despite being a Sergeant supervisor as the direct result of blowing the whistle.
As Panel Counsel to the Los Angeles Police Protective League and the United Firefighters of Los Angeles City, McNicholas has a long track record of success in advocating for those who have suffered discrimination or retaliation after becoming a whistleblower in both public agencies and private businesses.
Partner John McNicholas settled a personal injury case on behalf of his client, a 17-year-old high school cheerleader who sustained delayed spinal paresis as a result of an untreated neck injury that occurred while she was practicing a stunt. After her initial neck injury, the plaintiff continued to practice every day for the next week. The injury to her spinal cord did not manifest itself until she had participated in and won a cheerleading competition 10 days later. She now requires the use of a cane to walk.
The school district argued that the spinal cord injury was not connected to the neck injury the plaintiff had sustained during practice, and that she had practiced without complaint every day since her neck injury. The matter was settled in mediation for $500,000.
In a record-breaking year, three of Partner Matthew McNicholas’ cases were selected for inclusion on the 2015 list of “California’s Million Dollar Verdicts” including a premise liability settlement for $10 million and two employment settlements for $1.1 and $1.5 million. All three settlements all made The Recorder’s list of the highest settlements in California in their respective categories.
The $10-million-verdict lead poisoning case (Nolan v. State of California, Department of Transportation) is The Recorder’s fourth highest premise liability award. The case involved a young child with lead poisoning from old paint in a home rented from Caltrans, which ultimately caused permanent brain damage and rendered him unable to form words.
Shoemaker v. City of Los Angeles was named the second highest employment award at $1.5 million. After severely injuring his left knee at work, the Los Angeles Police Department failed to properly determine and accommodate Jeffrey Shoemaker’s work restrictions. The nine-year veteran was assigned to the training division as a firearms instructor and his injuries were exacerbated. When Shoemaker expressed his opposition to the department's practices, he was harassed and retaliated against.
Podesta v. City of Los Angeles’ $1.1 million settlement was named the third highest employment award. Podesta, a 20-year LAPD veteran, was retaliated against after complaining that a new captain actively sought to promote racial minorities and moved him out because he was white. The retaliation and negative employment actions caused damage to Podesta’s professional reputation and prevented him from being selected for other units.
-- Verdict marks firm’s third victory on behalf of LAPD officers in the past year --
LOS ANGELES, Calif. – The Los Angeles-based plaintiff’s trial law firm McNicholas & McNicholas obtained a $2.1 million verdict against the City of Los Angeles and the Los Angeles Police Department (LAPD) on behalf of former LAPD detective Maria Elena Montoya, who was retaliated against after taking a medically ordered and approved disability leave. The complaint, filed in in April 2013, alleged that upon returning to work, Officer Montoya’s supervisors subjected her to adverse employment actions, including stripping her of her Peace Officers powers, transferring her out of a coveted detective assignment, suspending her, and more. As a direct result of these actions, Officer Montoya not only suffered humiliation, anxiety and emotional distress, but irreparable damage was done to her career. On April 5, 2016, a jury awarded Officer Montoya $2.1 million.
“After 17 years of service, we demonstrated that the Department ran the plaintiff off the job because of her use of disability time,” said lead counsel Matthew McNicholas. “We provided testimony that evidence was not preserved and was in fact, hidden.”
Background
In November of 2011, while on vacation, Officer Montoya suffered a severe back injury, which forced her to take medical leave until January 2012. Upon returning to work on “light duty” restrictions, she was immediately re-assigned from the Sex Crimes detective desk to the Burglary desk. Officer Montoya informed the Los Angeles Police Protective League (the union) of the reassignment, as she believed it was improper. The incident caused so much stress that she was rushed to hospital on January 19, 2012 and treated for severe anxiety. Officer Montoya then filed a formal complaint with LAPD’s Internal Affairs on January 26, 2012 for retaliation and harassment. In February of 2012, she was suspended. In November of 2012 the Department sent a letter to inform her the complaint was unfounded and had been dismissed.
This is Mr. McNicholas’ third successful discrimination result against the LAPD in the last twelve months related to retaliation in the LAPD. The other two resulted in a $1 million settlement and a $1.5 million settlement.
Partner Patrick McNicholas and Philip Shakhnis settled an employment discrimination case on behalf of his client, who was unjustly terminated when her employer found out she was pregnant. Shortly after hiring the plaintiff for a front desk agent position, her employer rescinded the job offer upon learning she was in the middle of her pregnancy. She advised them of her condition prior to being hired.
The employer argued they emailed the plaintiff a letter regarding a mandatory drug test, and she was terminated because she failed to take the test in a timely manner. During discovery, Mr. Shakhnis unveiled in 2013 and 2014; the employer retained 76 new hires who failed to take the drug test within the time requested.
The judge stated that there was no direct evidence that the employer emailed the plaintiff a letter stating that she needed to take the drug test. Mr. Shakhnis’ evidence showed the job offer was rescinded based on her pregnancy.
Partner Patrick McNicholas, along with co-counsel Eric A. Panitz of the law firm DesJardins & Panitz LLP, obtained a $1.7 million verdict on behalf of their client, who was sexually harassed and constructively terminated by her employer.
Mr. McNicholas and Mr. Panitz argued that the plaintiff was subjected to offensive sexual comments and inquiries, as well as other types of sexual misconduct during her employment. Consequently, she became affected by depressive disorder and post-traumatic stress disorder. The Court awarded $1.7 million to the plaintiff for damages, including unpaid overtime, failure to provide rest breaks, waiting time penalties and prejudgment interest.
Patrick McNicholas, along with co-counsel Rich Bridgford and Mike Artinian of the trial law firm Bridgford, Gleason & Artinian, secured a $6 million and $418,000 class action settlement against home-building companies William Lyons and MBK Homes, respectively. The single-family homes and condominiums in a Ladera Ranch, CA residential community contained copper pipes that were inadequate and defective for safe water conditions. Each class member will receive a proportioned amount of the total settlement in order to re-pipe their homes.
McNicholas & McNicholas’ $12.3 million verdict in the Atkins v. City of Los Angeles case has been listed as the #14 verdict in the Los Angeles Times’ Top Verdicts and Settlements of 2014.
In the largest employment verdict ever against the Los Angeles Police Department (LAPD), Lead Counsel Matthew McNicholas represented five recruitment officers who were injured during the LAPD Academy training. Before they were fully recovered, the plaintiffs were given an ultimatum, where they had to either return to the Academy immediately or leave by resignation or termination. The plaintiffs were eventually fired. Mr. McNicholas proved failure to accommodate and failure to engage in the interactive process, resulting in a $12.3 million verdict, and a $14 million judgment when the court added fees and costs under the employment law statute.
-- Child suffered permanent brain damage after exposure to lead-based paint at Caltrans property --
LOS ANGELES, Calif. − The Los Angeles-based plaintiff’s trial law firm McNicholas & McNicholas obtained a $10 million settlement against the California Department of Transportation (Caltrans) on behalf of the family of Connor M., a 4 year-old who ingested lead-based paint at Caltrans’ residential rental property. Plaintiff alleged the lead exposure left him with permanent neurological damage rendering him unable to speak. However, Defendant had expert witness testimony to contradict that position, putting forth the conclusions that it could have be an autism spectrum disorder. The Superior Court of California approved the settlement on Wednesday, July 15th.
Caltrans, among other things, acquires land in order to undertake transportation related projects, like proposed future freeway extensions and expansions. The rental home at issue was one such property. As such, it was maintained and operated by an arm of Caltrans. In other words, Caltrans was the landlord.
The Plaintiff had evidence that the property manager ignored multiple complaints by the Plaintiff’s mother that there was paint chipping off the floors and walls which might be dangerous to her child. The on-site manager told her the problem was “cosmetic in nature” even though the structure was built in the early 1900’s.
“As result of the litigation, the parties reached a settlement that will help the young Plaintiff make his way through life. Not being able to speak will be a huge hurdle to overcome, especially when the condition starts in infancy” said lead counsel Matthew McNicholas. “After undergoing very thorough discovery, Caltrans stepped up and resolved a tough case for a great kid. Also, Caltrans has implemented new and improved training standards for its employees that monitor and maintain its rental properties, specifically focusing on potential lead exposure. This is huge win-win, and we applaud Caltrans for being aggressive in remedying potential future issues.”
Background
Caltrans, which owned the property since 2008, rents residential properties pending the approval of its freeway expansion projects. The boy’s mother, grandmother, Cynthia Wright, had been living on the property since 2005. Connor and his mother, Heather Nolan, moved into the property in October 2010 when Connor was just one month old. Chipped and peeling paint throughout the exterior and interior of the property was readily visible to Caltrans property inspectors starting in 2009. The family also reported the deteriorating paint in 2011. Despite the obvious deteriorating conditions at this older home, Caltrans decided to treat the matter as cosmetic and therefore not warrant budget for repair. Even when a test for lead purchased by Wright and Nolan at a hardware supply store turned out positive, no action was taken by Caltrans. The agency was soon thereafter cited by the Los Angeles Department of Public Health in 2012 when a blood test revealed that Connor was lead poisoned, but it took the agency another five months to begin the lead abatement.
Connor had been exposed to lead-based paint hazards at the property since his infancy. By the time he was 16 months old, Connor could no longer form words. Connor will require extensive care for the rest of his life costing millions of dollars.
###
McNicholas & McNicholas, a Los Angeles-based plaintiff’s trial law firm, represents clients in the areas of catastrophic personal injury, employment law, class actions, sexual abuse and other consumer-oriented matters such as civil rights, aviation disasters and product liability. Founded by a family of attorneys spanning three generations, McNicholas & McNicholas has been trying cases to jury verdict on behalf of their clients for more than five decades.
Partner Matthew McNicholas secured a $1.1 million settlement against the Los Angeles Police Department (LAPD) on behalf of David Podesta, a 20-year LAPD veteran, who was subjected to racial discrimination, retaliation, and harassment.
Mr. Podesta alleged that he was subjected to a variety of adverse employment actions after a new Captain arrived at his division and actively sought to promote racial minorities and, in the process, moved him out because he was white.
The retaliation and negative employment actions caused damage to Mr. Podesta’s professional reputation, his ability to promote, and prevented him from being selected for other units.
In an employment case against the City of Los Angeles and the Los Angeles Police Department (LAPD), Partner Matthew McNicholas obtained a $1.5 million settlement on behalf of Jeffrey Shoemaker, a 15-year LAPD veteran and former marine.
While assigned as a firearms instructor, Mr. Shoemaker injured his knee at training division and required surgery. Approximately two months after undergoing surgery, he received a call from his Lieutenant demanding he return to work and threatening to transfer Mr. Shoemaker out of the Division. Despite the recommended six months of recovery from his doctor, Mr. Shoemaker returned to work and advised his supervisors of his work restrictions. However, in order to keep his job, Mr. Shoemaker was forced to work in a physically demanding position.
Over the course of several months, the LAPD refused to accommodate him, causing further damage to the knee requiring another surgery. McNicholas & McNicholas obtained a $1,500,000 settlement.
In a special issue, Daily Journal recognized the most significant and impressive victories during 2014 to honor exceptional work by litigators. Partner Matthew McNicholas’ case, Arreola v. City of Pomona et al., was selected as a top plaintiffs’ verdict by impact, recognizing his ability to secure verdict in federal court on behalf of Sergio Arreola who was subject to excessive force by the Pomona Police Department.
Mr. Arreola was a probationary Los Angeles Police Department (LAPD) officer when he was arrested for assault and resisting arrest by the Pomona Police Department after claims were made he arrived belligerent to his wife’s traffic accident. Mr. Arreola was fired from the LAPD after the incident.
Mr. McNicholas not only demonstrated that the Pomona officers made false accusations against Mr. Arreola, but successfully negotiated his client’s reinstatement to the LAPD, something that is rarely seen. Mr. Arreola later pursued a lawsuit against the City of Pomona and secured a $700,000 settlement. Mr. McNicholas added that the settlement could have been larger had Mr. Arreola not been reinstated, but getting his job back was the number one priority. “That was actually the most important thing to me, even though it made his lawsuit worth a lot less money,” Mr. McNicholas said.
On February 6, 2015, the appellate branch of the Equal Employment Opportunity Commission (EEOC) dismissed a second appeal filed by the U.S. Postal Service in a class action brought by disabled postal workers. The class action is pursuant to the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in federal employment. In 2012, the U.S. Postal Service filed an appeal challenging the certification of the class and was rejected by the same appellate branch.
“By prevailing on this appeal, we successfully cleared the way for this class action to proceed,” says John McNicholas. “Had the appeal been allowed, it would have disenfranchised thousands of class members.”
The class action alleges that the U.S. Postal Service, a federal employer, deliberately denied them reasonable accommodation by using the pretext of the Postal Service’s, “National Reassessment Process,” which allows the employer to reassess all limited duty employees in order to update and revise rehabilitation job offers. However, the law requires the U.S. Postal Service to find jobs for those in their firm which will accommodate the workers’ injuries, allowing them to earn a living and support themselves.
On February 6, 2015, the appellate branch of the Equal Employment Opportunity Commission (EEOC) dismissed a second appeal filed by the U.S. Postal Service in a class action brought by disabled postal workers. The class action is pursuant to the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in federal employment. In 2012, the U.S. Postal Service filed an appeal challenging the certification of the class and was rejected by the same appellate branch.
“By prevailing on this appeal, we successfully cleared the way for this class action to proceed,” says John McNicholas. “Had the appeal been allowed, it would have disenfranchised thousands of class members.”
The class action alleges that the U.S. Postal Service, a federal employer, deliberately denied them reasonable accommodation by using the pretext of the Postal Service’s, “National Reassessment Process,” which allows the employer to reassess all limited duty employees in order to update and revise rehabilitation job offers. However, the law requires the U.S. Postal Service to find jobs for those in their firm which will accommodate the workers’ injuries, allowing them to earn a living and support themselves.
The McNicholas & McNicholas employment case, Atkins v. City of Los Angeles, was selected for inclusion on the 2014 list of “California’s Million Dollar Verdicts” as published by The Recorder. Each year, The Recorder features the largest verdicts in various practice areas.
Partner Matthew McNicholas and Associate Alyssa K. Schabloski represented five recruitment officers who were injured during LAPD Academy training and were required to return to training before they fully recovered, or they would be fired. Totaling more than $12 million, this case is the largest employment verdict ever against the Los Angeles Police Department.
As published in Law360, Bloomberg Law and Lawdragon, McNicholas & McNicholas secured an appeal confirmation in a published decision on their verdict in favor of their client Leonard Avila, a Los Angeles Police Department (LAPD) officer who claimed the Department fired him in retaliation for testifying in a Fair Labor Standards Act lawsuit brought by a fellow officer.
Due to Mr. Avila’s testimony, LAPD filed an internal investigation complaint against him and found him insubordinate for not submitting requests for overtime. Mr. Avila sued LAPD and the City of Los Angeles, resulting in a total judgment in the amount of $679,400, before interest. Partner Matthew McNicholas was also able to gain Mr. Avila’s employment back.
Press Releases
– New Year’s Day car accident left one Uber passenger in a coma and critically injured three other Uber passengers –
LOS ANGELES – Los Angeles-based trial law firms McNicholas & McNicholas, LLP and Rome & Associates have filed a lawsuit on behalf of Eugene Efuni against an alleged DUI driver, the owner of the car driven by the DUI driver and an Uber driver after a New Year’s Day collision left Efuni in a coma and critically injured three other Uber passengers. The lawsuit alleges that Efuni and the three other passengers were riding in an Uber when their vehicle was broadsided by an SUV that appears to have been speeding and ran a stop sign. The lawsuit also alleges that the Uber driver’s conduct in operating the vehicle is also an important area of inquiry.
“Although Mr. Forno, the driver of the SUV, was allegedly driving under the influence, both drivers had a duty to exercise reasonable care in operating their vehicles – so both must be closely examined,” said Partner Matthew McNicholas. “This is an especially important issue because of the explosion of ride hailing services. When someone uses an app to get a ride through a ride service, such as using Uber, they’re putting their life in the hands of another driver and trusting that the driver is responsible and operating the vehicle safely.”
Background Information
On January 1, 2018, Michael Forno, the driver of a Mercedes SUV, ran a stop sign and collided with a Prius. Forno was believed to be intoxicated at the time of the accident and attempted to flee the scene, but was stopped by witnesses and detained until the police arrived. The driver of the Prius, Abdullah Saleh, was working for Uber at the time of the accident and had four passengers in the car, including Efuni.
Six people were hospitalized, with Efuni and the three other Uber passengers in critical condition. Efuni suffered severe and life-changing injuries, including a severe hematoma, fractured shoulder, fractured right wrist, partial paralysis involving the left side of his body, internal injuries, whiplash, bruising, multiple contusions to the head and body, and a traumatic brain injury that has presently left him in
-- Lawsuits allege PG&E failed to inspect and maintain power lines and electrical hardware surrounded by dry brush and overgrown vegetation --
SAN FRANCISCO – Trial law firms McNicholas & McNicholas, LLP, Frantz Law Group, APLC and Bridgford, Gleason & Artinian have filed several lawsuits against Pacific Gas and Electric Company (PG&E) on behalf of victims of the Wine Country Fires, after the utility company’s electrical equipment failed, igniting multiple large-scale fires. The lawsuits allege that PG&E negligently installed and maintained its electrical equipment, and failed to trim surrounding vegetation to prevent contact with its overhead power lines. Plaintiffs lost loved ones and suffered severe injuries, property damage and more.
“PG&E breached their duties to maintain and inspect its power lines and the surrounding vegetation, despite being fully aware of the existing drought conditions, and that these conditions could contribute to serious injury, damage or death to others,” said Patrick McNicholas, Partner at McNicholas & McNicholas, LLP. “PG&E failed to take reasonable precautions to protect the property of homeowners from a clearly foreseeable risk, and as a result of their conscious disregard for safety, caused devastation throughout Sonoma and Napa counties.”
Background Information
On Sunday, October 8, 2017, a series of fires ignited throughout Sonoma and Napa counties, individually known as the Tubbs, Pocket, Atlas, Nuns and Patrick fires. The fires blazed uncontrollably for 11 days and nights, burning more than 210,000 acres of land, destroying more than 8,400 homes and structures, and claiming the lives of at least 41 individuals.
These massive, destructive fires ignited and blazed out of control in excess of 1,470 degrees Fahrenheit after negligently installed and maintained high-powered power lines, transformers, and electrical equipment owned, operated, and maintained by PG&E failed. This electrical hardware failure created sparks and ultimately ignited multiple large-scale fires. Due to years of neglect and failure to trim surrounding vegetation, large trees and dry vegetation had grown over and into PG&E’s power lines, exacerbating the fires.
Demonstrating a pattern of conscious disregard for the safety of the public, PG&E was recently subjected to fines and penalties totaling a record $1.6 billion by the California Public Utility Commission (CPUC), as a result of safety violations by PG&E that caused the 2010 San Bruno Fire, which was responsible for numerous deaths, injuries and destroyed homes. At the time of imposing these record fines upon PG&E, the CPUC specifically stated that the purpose for rendering such a record fine against PG&E was to “ensure that nothing like this happens again.”
– Lawsuits allege gross negligence, which led to loss of lives, traumatic injuries and emotional distress –
Los Angeles-based trial law firm McNicholas & McNicholas, LLP, together with law firms Bridgford, Gleason & Artinian and Becker Law Group have filed numerous lawsuits against MGM Resorts, Mandalay Bay, Live Nation, the Estate of Stephen Paddock, Slide Fire Solutions and more on behalf of the survivors and victims’ families of the October 1, 2017 mass shooting at the Route 91 Harvest Festival in Las Vegas. The lawsuits allege wrongful death, negligence, assault and battery, emotional distress, product liability and manufacturing defects.
“It is outrageous that the shooter was able to transport an arsenal of weapons into his room, set up surveillance cameras to monitor the exterior of his hotel room and break open his hotel room windows without anyone at the resort taking notice,” said Patrick McNicholas, Partner at McNicholas & McNicholas LLP. “The negligence displayed by the hotel alone is staggering.”
Lawsuits
To date, there have been numerous lawsuits filed and dozens more will follow in the coming weeks. Currently, the lawsuits filed include:
- A wrongful death claim filed by Gus Castilla on behalf of 28-year-old Andrea Castilla, who was shot and killed while attending the festival;
- Two negligence and product liability claims filed by Andrea’s sister and her boyfriend, who attended the festival with Andrea; and
- Two assault and battery, negligence and product liability claims filed on behalf of Lisa Dancel and Bryce Heathcoat after Bryce was shot while the two tried to flee the festival.
Defendants and Allegations
MGM and Mandalay Bay
The team of lawyers allege that MGM and Mandalay Bay failed to properly surveil people coming and going from the hotel, to monitor the hotel premises and to respond in a timely manner after Paddock shot a security guard.
In 2016 the Nevada Gaming Commission, along with security firms, informed the casino hotels that they were soft targets for terrorist attacks. It was recommended that the casinos implement increased security measures and metal detectors. The Wynn Hotels implemented these recommendations. However, Mandalay Bay rejected them.
MGM, Live Nation and Contemporary Services Corporation
It is alleged that MGM, Live Nation and Contemporary Services Corporation, who hosted, promoted and provided private security for the music festival, respectively, failed to provide sufficient and accessible exit routes from the festival and failed to properly train their employees on a course of action in the event of an emergency.
While victims ran for their lives, additional lights were turned on in the venue, illuminating the crowd, which provided the shooter a clearer view of his targets. With improperly trained security and staff on how to handle an emergency, chaos ensued. Unable to find exits, many concertgoers were forced to find other means to escape, and many attempted to climb over fences, leading to people being trampled to death or severely injured.
Slide Fire Solutions
The “bump stock” devices used by Paddock to fire bullets rapidly, mimicking an illegal firearm, were designed, manufactured and distributed by Slide Fire Solutions. According to the lawsuits, Slide Fire Solutions failed to properly design, manufacture and market the relevant bump stock devices, failed to give proper warnings and instructions regarding the dangers of the device, as well as negligently advertised the bump stock devices as an inexpensive device used to circumvent federal laws barring civilians from access to fully automatic weapons.
The Estate of Stephen Paddock
With malicious and evil intent, Stephen Paddock indiscriminately shot into a crowd of thousands of concertgoers, killing 58 people and injuring over 500. The lawsuit alleges assault, battery, wrongful death and the intentional infliction of emotional distress against the Estate of Stephen Paddock.
Background Information
On October 1, 2017, while thousands of people attended the Route 91 Harvest Festival at Las Vegas Village, Stephen Paddock broke open windows in his 32nd floor hotel room at the Mandalay Bay Hotel and Casino, set up a security perimeter and prepared several high-powered rifles, equipped with bump stocks.
Paddock is believed to have then shot and wounded Mandalay Bay Security Guard Jesus Campos, as the guard approached his room. More than six minutes later, without having triggered a response from hotel staff or security, Paddock unleashed a stream of bullets upon concertgoers below.
– DWR knew of design and construction defects and made inadequate repairs –
BUTTE COUNTY, CA – Los Angeles-based trial law firm McNicholas & McNicholas LLP and Frantz Law Group, APLC announced the filing of a class action lawsuit against the California Department of Water Resources (DWR) on behalf of Francis Bechtel, Jacob Klein and Mary Watson, and the proposed class of 188,000 residents who were ordered to evacuate their homes on February 12, 2017 in response to the failing emergency spillway at the Oroville Dam.
According to Patrick McNicholas, Partner at McNicholas & McNicholas LLP, this event was the result of DWR’s negligence and inadequate maintenance of the dam over several years. “The design, construction defects and flaws have been propagated by DWR during maintenance of the spillway. State officials didn’t even enter the spillway channel during the last two inspections,” said McNicholas. “DWR’s conduct in the operation of the Oroville Dam was a substantial factor in causing harm to the Plaintiffs who, in addition to having been unable to use and enjoy their property during the evacuation, continue to be concerned about the stigma associated with the dam failure, the potential for future failures and the implications on property values.”
Background Information
The Oroville Dam, built and maintained by the California Department of Water Resources, impounds Lake Oroville, the second largest man-made lake in the state of California. Since its completion in 1968, Oroville Dam has allocated the flow of the Feather River from the Sacramento-San Joaquin Delta into the California Aqueduct, which provides a major supply of water irrigation in the San Joaquin valley as well as to municipal and industrial water supplies for coastal Southern California.
In early February, 2017, dam operators began using the concrete “main spillway” to control the lake level, and a crater developed about halfway down the main spillway, allowing water to escape the channel and erode the earth beneath. This crater developed as a result of weakness in the aged concrete, inadequate repairs of cracks to the concrete, and instability in the ground under the spillway. State engineers conduced two test flows on February 8 and February 9. However, as the lake level rose, water began pouring over the top of the emergency spillway.
On Sunday, February 12, 2017, erosion at the emergency spillway became so severe that officials from the DWR ordered evacuation for fear that the erosion would undercut the 1,730 foot long concrete weir along the top of the emergency spillway, allowing billions of gallons of water to pour into the hillside toward Oroville and other towns downstream and creating one of the worst dam disasters in United States history.
The design and construction defects and flaws propagated by DWR during maintenance of the spillway included repeated ineffective repairs made to cracks and joint displacements to prevent water stagnation and cavitation pressure intrusion under the base slabs with subsequent erosion of the spillway subgrade. Additionally, large trees were allowed to grow adjacent to the spillway walls, where their roots could intrude below the base slabs and into the subgrade drainage pipes. This caused reduced flow and plugging of the drainage pipes.
The cracks in the cement across the main spillway have been evident since 2010, or earlier. According to records, state officials did not enter the spillway channel during the last two inspections in 2015 and 2016, raising concerns to the adequacy of these inspections.
It is alleged that in the event of a collapse of the entire Oroville Dam, local emergency officials would not have enough time to perform evacuations in the communities downstream, and that emergency responders would likely need to withdraw to safer ground and prepare for victims.
###
McNicholas & McNicholas, a Los Angeles-based plaintiff’s trial law firm, represents clients in the areas of catastrophic personal injury, employment law, class actions, sexual abuse and other consumer-oriented matters such as civil rights, aviation disasters and product liability. Founded by a family of attorneys spanning three generations, McNicholas & McNicholas has been trying cases to jury verdict on behalf of their clients for more than five decades.
McNicholas & McNicholas, LLP
10866 Wilshire Blvd.
Suite 1400
Los Angeles, CA 90024
Phone: 866-664-3055
Fax: 310-475-7871
Frantz Law Group, a California-based law firm with offices in San Diego, Los Angeles, San Francisco, Sacramento, Fresno, Bakersfield, and Riverside, represents plaintiffs in personal injury litigation cases throughout California and nationwide.
Frantz Law Group
402 West Broadway, Suite 860
San Diego, CA 92101
Phone: 855-930-2626
— Plaintiffs subjected to discrimination, harassment and retaliation; lawsuit unveils history of racial discrimination in department —
McNicholas & McNicholas has filed a lawsuit against the City of Los Angeles on behalf of six Los Angeles Fire Department (“LAFD”) fire inspectors who allegedly suffered discrimination, harassment, and retaliation for reporting various acts of misconduct and unsafe inspections of buildings in the greater Los Angeles area. All six plaintiffs work in Fire Prevention Bureau (“FPB”).
The lawsuit also states that FPB has a long history of racial animosity towards African Americans and women firefighters, and anyone associated with them. Within the Department, those who join FPB are referred to as “too lazy and afraid to fight fire.”
Chief Jerome Boyd, Captains Gary Carpenter, Andre Johnson, David Riles, and Inspectors Glenn Martinez and Aaron Walker of the LAFD informed their department that many building fire inspections were performed by untrained inspectors who were specifically directed to rush through inspections. This resulted in the creation of falsified documents, ultimately putting the lives of citizens and firefighters in jeopardy. These rushed, untrained inspections were a result of “Operation Catch Up” – a plan hatched by LAFD brass to resolve the backlog of fire inspections.
Due to this systemic racial and gender-based prejudice, the discrimination, harassment and retaliation worsened when the plaintiffs reported up the chain of command and to their union that substandard and unlawful building inspections were being conducted.
“‘Operation Catch Up’ should really be called ‘Operation Catch Fire.’ Not only was safety compromised in all of these buildings, but the firefighters who attempted to reveal this were punished for it,” said Partner Matthew McNicholas, who is also Panel Counsel to the United Firefighters of Los Angeles City. “When you don’t inspect a church, school, a hospital, or a 40-story building properly, and something goes wrong – it goes very wrong. This is not a matter of ‘if,’ it’s only a matter of ‘when.’ These firefighters stepped forward and the Los Angeles Fire Department went to great lengths not to fix the problem, but to ensure that these firefighters didn’t have a career with the Department anymore.” In fact, when plaintiffs and their colleagues reported the misconduct to the Union, the LAFD sent high ranking members to “take names” of those complaining.
Background
The role of the FPB, a bureau within the LAFD, encompasses fire prevention; the investigation of the cause, origin, and circumstances of fires; the elimination of fire and life safety hazards in buildings, marine vessels, aircraft, and vehicles; and enforcement of the basic building regulations and codes of the State Fire Marshal as they apply to the City of Los Angeles in matters regarding fire, panic, and explosion safety.
African American firefighters within the Department are known to be subjected to higher levels of scrutiny. All of their assignments, work performance, projects, and/or complaints are inspected more closely than their white counterparts. Not only were the plaintiffs’ reports of unlawful activity to their supervisors ignored, but as a result of their whistleblowing, these firefighters were retaliated against – stripped of their responsibilities, excluded from decision-making processes, prevented from working overtime or taking vacation and more.
The plaintiffs reported what they reasonably believed to be violations of various fire, safety and building codes, and other state and/or federal regulations, rules, and statutes. They reported untrained inspectors being sent to inspect public facilities, engaging in rushed inspections, or otherwise not following the various codes and regulations that govern the inspections. These rushed inspections misled the public into believing their buildings were safe.
“Operation Catch-Up,” an initiative launched by FPB to resolve the significant backlog in conducting fire inspections, was exposed in a June 2015 Los Angeles Times article titled “LAFD inspectors accuse supervisors of cutting corners, ignoring fire hazards.”
Even though the plaintiffs engaged in protected activity by reporting various acts of misconduct and addressing the safety concerns with “Operation Catch-Up,” plaintiffs were subjected to retaliation, harassment, and a hostile work environment, and feared for their careers. The Fire Marshal, Chief John Vidovich even stated that those who were critical of “Operation Catch-Up” would be “dealt with.” In retaliation for engaging in protected activity, all six firefighters were denied promotions, overtime opportunities and valued assignments; subjected to fabricated charges of misconduct; falsely accused of theft and fraud; and for all practical purposes have had their careers ended at the hands of the Los Angeles Fire Department.
Multiple firefighters from Fire Prevention Bureau (the Bureau that is responsible for all LAFD inspections in the City of Los Angeles) at the Los Angeles Fire Department have stepped forward to claim that many building fire inspections have been performed by untrained inspectors that were specifically directed to rush through inspections. The complaining firefighters informed their department that these rushed, untrained inspectors ultimately produced falsified documents, i.e., the inspections did not comply with law and were woefully inadequate, putting the lives of citizens and firefighters in jeopardy. These rushed, untrained inspections were a result of “Operation Catch Up” – a plan hatched by LAFD brass to resolve the backlog of fire inspections exposed in a June 2015 Los Angeles Times piece.
Seven firefighters reported the illegal activity to their supervisors Not only were their reports ignored, but as a result of their whistleblowing, these firefighters were retaliated against – stripped of their responsibilities, excluded from decision-making processes, prevented from working overtime or taking vacation and more.
As that started to occur, the seven (and many others from Fire Prevent Bureau) went to their union for help, which caused the union to go to LAFD brass and tell them what was happening. As a result of that, the LAFD brass sent people to the union hall to take names of people who were attending the meetings in order to deal with them.
As a result of the reporting of unsafe inspections and what the seven individuals were reporting to up the chain and to their union, the Los Angeles Times ran another article in May 2016 revealing that LAFD inspections were cutting corners. In the article, Captain Gary Carpenter, one of McNicholas’ clients, stated “They are saying the inspection is complete, and the public thinks the building is safe. The building is not safe.” The retaliation only worsened, with one member of the LAFD brass saying behind closed doors, “the people that spoke out in the article will be dealt with.”
Panel Counsel to the United Firefighters of Los Angeles City, Matthew McNicholas with McNicholas & McNicholas, has filed several government claims against the Los Angeles Fire Department, Fire Chief, Fire Marshall and Assistant Chief on behalf of the whistleblowers. If the government fails to respond within 45 days, an official complaint will be filed and a trial by jury will be demanded.
“‘Operation Catch Up’ should be called ‘Operation Catch Fire.’ Not only was safety compromised in all of these buildings, but the firefighters who attempted to reveal this were punished for it,” McNicholas stated in the claim. McNicholas goes on to say, “when you don’t inspect a church, or school, or a hospital, or a 40-story building properly, and something goes wrong – it goes very wrong. This is not a matter of ‘if,’ it’s only a matter of ‘when.’”
As reported in an article by NBC Los Angeles, Los Angeles Police Department (LAPD) insiders recently claimed that the City of Los Angeles is not ready for a terrorist attack due to a lack of officer training and equipment problems, such as protective vests that don’t fully cover the torso. In addition, many officers don’t feel comfortable firing their rifles. The insiders’ identities were concealed for fear of retaliation.
Lawsuit Filed
On the heels of this story, LAPD Sergeant Ronald Gray steps forward with a lawsuit against the LAPD alleging retaliation for whistleblowing on his department for multiple violations of the law, including the misappropriation and misuse of federal grant money earmarked specifically for anti-terrorism purposes. Gray is represented by plaintiff law firm McNicholas & McNicholas (who has represented over 100 LAPD officers over the last 15 years, and currently represents 25 others in pending litigation).
“The Department appears to be misusing funds earmarked for a specific purpose – purchasing and maintaining equipment for use in weapons of mass destruction (WMD) attacks – for whatever it thinks it needs. The recent NBC article is trying to shed light on the fact that officers may appear to be ready for a terrorist attack, but are not,” said lead attorney Matthew McNicholas. “Sergeant Gray’s case is another piece to this puzzle. And now, for stepping up, his career—his means of earning a living—has been irreparably harmed through demotion.”
Background
Joining the LAPD in 1988, Gray held the rank of Sergeant II and Officer-in-Charge of the Counter Terrorism Training Unit (CTTU), which oversaw and administered the use of Urban Area Security Initiative Federal Grant funds for the specific purpose of purchasing and maintaining Personal Protective Equipment for use in WMD attacks. His unit would train the department on how to use the equipment, and then would actually roll-out to the scene with the equipment which are specially designed trailers to outfit the officers there.
Beginning in 2010, Sergeant Gray began reporting what he believed to be grant violations by members of the LAPD Command Staff. These included reassigning grant-purchased equipment to other divisions for other purposes. As a result of Sergeant Gray’s reporting, an audit was conducted in or around September 2011 to ensure compliance with the Federal Grant program. In the end, after many months, the Department dismissed the audit and no corrective action was taken. Thereafter, Sergeant Gray reported what he believed were violations, which included the complete misconfiguration of trailers that were supposed to be used to store and transport the personal protective equipment in terrorist scenes.
In retaliation for reporting these violations and continuing to speak out against the Department’s unlawful practices, Sergeant Gray was harassed and retaliated against based on the very violations he reported. This included revoking his workout on duty privileges at the Training Division; forcing him to go off work Injured-on-Duty for stress and hypertension-related issues arising from the retaliation; removing overtime; and finally, demoting his rank from Sergeant II to Sergeant I, relieving his supervisory position within CTTU, and transferring him to a non-supervisory position.
- SoCal Gas negligently exposes Porter Ranch residents to ultra-hazardous gas leak causing health issues among three families --
LOS ANGELES, CA – Los Angeles-based plaintiff’s trial law firm, McNicholas & McNicholas, filed three lawsuits against Southern California Gas Company (SoCal Gas) and Sempra Energy on behalf of the Tan family, Martinov family, and Karcauskas familiy for the health issues allegedly caused by the toxic gas leak in the Porter Ranch neighborhood in California. Other cases are currently under review.
On October 23, 2015, SoCal Gas and Sempra Energy reported to government regulatory agencies that Aliso Canyon – one of the largest natural gas storage fields in the United States – was leaking noxious odors, hazardous gases, chemicals pollutants, and contaminants due to a massive well failure and blowout. However, SoCal Gas failed to inform residents of neighboring communities of the disastrous gas leak in a timely manner, putting the health and well-being of thousands of families in jeopardy. The lawsuits allege negligence, strict liability of ultra-hazardous activity, private nuisance, inverse condemnation and trespass.
“SoCal Gas did not maintain their facility properly, leading to issues involving the health and safety of residents and the community at large,” says lead attorney Matthew McNicholas. “They created the conditions allowing the well to fail, causing children and families to suffer.”
Tan Family. The Tan family alleges that they were regularly exposed to the toxic gases permeating the Porter Ranch community, experiencing the putrid smell of mercaptans inside and outside of their home. In addition, the consistent exposure to hazardous gas has put their children’s health at risk, since their school is located dangerously close to the Aliso Canyon Facility. They are being relocated.
Martinov Family. The Martinov family alleges that their consistent exposure to these dangerous chemicals and contaminants have caused anxiety, panic attacks, depression and other health concerns for the members of the household. The family has been forced to relocate due to the health and safety concerns.
Karcauskas Family. The Karcauskas family alleges they have suffered personal and property injuries including, polluted land and air in and around their property; diminution in the value of their property; adverse health effects to each family member, such as dizziness, nausea, drowsiness, headaches, nose bleeds, paleness, rashes and vomiting; and more.
Plaintiffs are seeking punitive damages and demanding a jury by trial.
Partner Patrick McNicholas is representing a former employee of BCBG Max Azria in a class action lawsuit, alleging that the clothing retailer failed to compensate employees who reported for on-call shifts but did not actually work. Additionally, the suit alleges that the company punished employees for being tardy or missing on-call shifts, even though employees were told they were not required to work. On-call scheduling—when employers notify employees they are needed to work only a short time before the shift starts—makes it difficult for employees to arrange childcare or find supplemental employment.
In an article published in Law360, Mr. McNicholas explained, “’It's a continuing issue of wage theft and in particular it involves waiting time and scheduling and how that impacts quality of life for employees in the retail industry.’”
This lawsuit comes in the wake of major labor investigations in New York and California. Recently, retailer Urban Outfitters pledged to stop on-call scheduling in its New York stores. In addition, the San Francisco Board of Supervisors passed legislation requiring employers to notify employees of their schedules at least two weeks in advance and compensate them for on-call shifts not actually worked.
McNicholas & McNicholas, a Los Angeles-based plaintiff’s trial law firm, filed a lawsuit on behalf of a 20-year Los Angeles Police Department (LAPD) Veteran, Officer Tami Morrison, alleging discrimination, failure to accommodate, harassment and retaliation for attempting to protect and secure her rights under the California Fair Employment and Housing Act.
Assigned to the Workers’ Compensation Fraud Unit within the Special Operations Division of the LAPD, Ms. Morrison was placed on “injured on duty” status for a neck injury in 2011 and medical maternity leave in 2013. Upon returning to work from maternity leave, she was placed on light duty restrictions due to her disabilities. Ms. Morrison completed an extension request form in order to remain in the same Unit, which was routinely granted; however, she alleged her extension was denied for having a “lot of ‘injured on duty’” time. Ms. Morrison was then forced to transfer out or face possible demotion.
As a direct result of the LAPD’s failure to accommodate Ms. Morrison’s disabilities, or otherwise engage in the interactive process, she has suffered humiliation, embarrassment and anxiety, as well as losses in earning and employment benefits.
“After being transferred, Ms. Morrison’s 20-year career and reputation plummeted,” says lead counsel Matthew McNicholas, who serves as Panel Counsel to the Los Angeles Protective League. “She is entitled to a working environment free from hostility and the department has shown no sign of compassion given her unique situation.”
Similar in nature in early 2014, Mr. McNicholas obtained a $12.3 million verdict in a jury trial which held that the LAPD did not accommodate several injured recruits in the police academy. In addition, Mr. McNicholas obtained a $1.5 million settlement earlier this year against the LAPD for failing to accommodate a 17-year veteran of the force after he injured his knee and required surgery.
Please see conformed complaint for more details.
On Wednesday, September 2, Matthew McNicholas of the Los Angeles-based law firm McNicholas & McNicholas, filed a lawsuit on behalf of 34-year Los Angeles Police Department veteran Sergeant Wayne Guillary, alleging discrimination, harassment and retaliation for speaking out against suspected racism and illegal activity in the department.
The lawsuit details several occasions where Mr. Guillary was a victim of his actions against racism, including:
- In 2013, when he was berated and demeaned by a captain for merely informing his supervisor of a traffic accident in which an officer was taken to the hospital. Mr. Guillary emailed his chief to express his concerns about what he believed was a racially related comment.
- In 2014, when he spoke out against LAPD Chief Charlie Beck’s handling of a white officer who allegedly made racial slurs against blacks in a bar while off duty.
- In 2014, he appeared before the Board of Police Commissioners to report various captains for participating in the “ghost cars” scheme, where patrol divisions would have people log into squad car computers to make it appear that they were on patrol, when they really were not.
- In 2015, he received his first Notice To Correct Deficiencies for allegedly not informing his Captain (who had gone home for the night) about a late-night police chase involving an officer shooting. This document was written three months after the incident despite the fact that Guillary actually called his captain the night of the incident, spoke to him and documented such call in the official division log.
- Again in 2015, he was demoted from a watch commander due to a 1997 medical condition that had never been used against him before for any reason.
“This kind of discrimination has damaged Mr. Guillary’s professional reputation, therefore hindering his ability to be promoted and defeating his means to earn a living,” says Mr. McNicholas. “Our client has the right and duty to identify and report improper department activities, and not be retailed or discriminated against for it.”
As Panel Counsel to the Los Angeles Police Protective League, Mr. McNicholas has represented police officers in similar situations, including more recently two African-American LAPD Detectives who were subjected to discrimination and harassment based on race.
Read full complaint.
Media Alert
For Immediate Release
Parent of Slain UCSB Student Speaks at One Year Anniversary Memorial Event
Saturday, May 23, 2015
People’s Park in Isla Vista
What: On May 23, 2014, Elliot Rodger went on a killing spree that killed six UCSB students and injured several more before taking his own life. The Los Angeles-based plaintiffs’ trial law firms of Becker Law Group and McNicholas & McNicholas filed a complaint against Santa Barbara County, Santa Barbara County Sheriff’s Department, Capri Apartments and Asset Campus Housing on behalf of the parents of three young men who died. Read more about lawsuit here.
UCSB is hosting a one year anniversary memorial with several events planned to honor those killed and injured in the Isla Vista shooting. Kelly Wang, mother of George Chen, one of the students killed, will speak expressing the loss of her son and ways to prevent this tragedy from happening to others. Read Ms. Wang’s statement.
Who: In addition to attending the events, interview opportunities are available via phone or in-person with Kelly Wang and attorneys Todd Becker and Patrick McNicholas.
When: Saturday, May 23, 2015 at 7:30 p.m.
Where: People’s Park in Isla Vista
967 Embarcadero Del Norte
Isla Vista, CA 93117
Questions:
To interview Ms. Wang off-campus, please contact Michelle Villamor; michelle@berbay.com; office: 310-405-7331 or
cell: 562-397-0705.
For media attendance on UCSB campus during these events, please contact George Foulsham, UCSB Director of News and Media Relations at george.foulsham@ucsb.edu.
Media Alert – Press Conference
Tuesday, April 14, 2015 at 10:00 am PST
Millennium Biltmore Hotel Los Angeles
or
Dial-In Conference Line: (310) 405-7348 / Code: 1234#
Who: Antelope Valley Hospital, via its attorneys McNicholas & McNicholas and The Sutton Law Firm, has filed a claim against the County of Los Angeles and its Board of Supervisors for failing to properly administer and allocate billions of tax dollars to trauma centers pursuant to Measure B.
The Measure B property tax was sold to voters in 2002 as a way to save and fund trauma centers throughout the County. Antelope Valley Hospital (AV Hospital), however, which serves 5% of L.A.’s population and handles nearly 12.5% of the County’s trauma and ER visits, receives less than one half of one percent of all Measure B funds annually—the lowest of any trauma center in L.A. County.
What: Statements will be made by, and interview opportunities will be available with, attorneys, doctors and hospital administrators, including:
- Patrick McNicholas, Partner at McNicholas & McNicholas
- Brad Hertz, Partner at The Sutton Law Firm
- Larry Stock, Medical Director of the AV Hospital Emergency Department
- Dennis Knox, CEO of AV Hospital
The press conference will include:
- An overview of the facts and the next steps to be taken by AV Hospital to protect its interests and its patients.
- A media packet demonstrating the County’s improper and ongoing management of Measure B funds, and leaving AV Hospital trauma patients shortchanged.
When: Tuesday, April 14, 2015 at 10:00 am PS
Where:
Millennium Biltmore Hotel Los Angeles
Emerald Room
506 South Grand Avenue
Los Angeles, CA 90071
Phone: 213-624-1011
Click here for map.
Questions: Contact Michelle Villamor; michelle@berbay.com; Office: 310-405-7331 or Cell: 562-397-0705.
-- Antelope Valley Hospital receives less than one-half of one percent of Measure B funds annually, yet has the second highest volume of emergency patients in County --
LOS ANGELES, CA – Antelope Valley Hospital (“AV Hospital”), via its attorneys McNicholas & McNicholas and The Sutton Law Firm, filed a claim against the County of Los Angeles and its Board of Supervisors for failing to properly administer and allocate billions of dollars of property tax revenue per Measure B to L.A. County trauma centers, particularly AV Hospital. Approved by the County’s voters in the year after the 9/11 disaster, Measure B assesses taxes to provide funding for the expansion of the County’s trauma centers and emergency medical services to ensure a more timely and effective response to medical emergencies and threats of biological and chemical terrorism.
AV Hospital’s claim, filed in the wake of a State audit that was extremely critical of the County, alleges that the County consistently failed to conduct comprehensive assessments of its trauma system, failed to use Measure B funds to address the County’s most pressing trauma needs, and failed to fulfill the intent of Measure B to expand trauma services countywide.
The claim is a precursor to a lawsuit that will seek equitable relief, economic damages and other appropriate relief on behalf of AV Hospital.
“This is not how the voters intended their tax dollars to be allocated when they voted for Measure B,” said Patrick McNicholas, Partner at McNicholas & McNicholas. “The harm inflicted on AV Hospital and its community is exactly what Measure B was trying to prevent when it was enacted. The time has come for AV Hospital to stand up for the funding to which it is legally entitled.”
“The County and Board of Supervisors quickly disbanded Measure B’s mandatory Oversight Committee – established to ensure proper distribution of the billions of dollars generated – leaving no independent oversight whatsoever,” said Dr. Larry Stock, Medical Director of the AV Hospital Emergency Department. “Further, while other hospitals such as Ronald Reagan UCLA and LAC + USC Medical Center are being funded by the State and County, AV Hospital is consciously being underfunded and ignored.”
“As a not-for-profit district hospital, we are hopeful that litigation can be avoided,” said CEO of AV Hospital Dennis Knox. “However, we will take the necessary steps to assure that we can continue to provide critically needed health care services to the thousands of L.A. County residents who rely on us daily, as we have for the past 60 years.”
Background on AV Hospital and Measure B
AV Hospital serves five percent of Los Angeles County’s population, yet receives less than any other trauma and non-trauma center in the County – less than one-half of one percent of all Measure B funds annually.
More than 25 years ago, Los Angeles County’s trauma centers began to withdraw from the system due to the increasing cost of uncompensated care for patients with no insurance or ability to pay for emergency services. In response to the terrorist attacks on 9/11, Measure B’s parcel tax was created to avoid the life-threatening shutdown of Los Angeles County’s trauma network and to expand emergency medical services.
In November of 2002, Measure B, entitled “Preservation of Trauma Centers and Emergency Medical Services; Bioterrorism Response,” was voted into law by more than 73% of the County’s voters. According to the State Auditor’s report, the County gave more money in the past few years to its own County non-trauma hospital than it gave to all 12 non-County trauma hospitals combined.
The Board of Supervisors implemented the Measure B parcel tax of 3 cents per square foot on structural improvements to real property, increasing this tax gradually over time. In Fiscal Year 2011-2012 alone, the measure generated more than $256 million in revenue. Unfortunately, only a miniscule portion of this went toward fulfilling the voters’ intent. Despite reassurances from the County that AV Hospital would receive increased funding, AV Hospital has been all but forgotten by the County – in favor of the hospitals that are closer to the County seat. Unless the County comes to the bargaining table in a meaningful way and rights the wrongs that AV Hospital has suffered, a lawsuit will follow this week’s claim.
###
McNicholas & McNicholas, a Los Angeles-based plaintiff’s trial law firm, represents clients in the areas of catastrophic personal injury, employment law, class actions, sexual abuse and other consumer-oriented matters such as civil rights, aviation disasters and product liability. Founded by a family of attorneys spanning three generations, McNicholas & McNicholas has been trying cases to jury verdict on behalf of their clients for more than five decades.
McNicholas & McNicholas, LLP
10866 Wilshire Blvd.
Suite 1400
Los Angeles, CA 90024
Phone: 866-664-3055
Fax: 310-475-7871
The Sutton Law Firm, a California-based political and election law firm, represents businesses, individuals, candidates, ballot measures, PACs and nonprofit organizations involved in the political and legislative processes on the local, state and national levels. The attorneys of The Sutton Law Firm help their clients achieve their political and public policy goals while avoiding legal pitfalls.
The Sutton Law Firm
22815 Ventura Blvd.
Suite 405
Los Angeles, CA 91634
Phone: 818.593.2949
Fax: 818.593.2948
LOS ANGELES, CA – The Los Angeles-based plaintiffs’ trial law firms of Becker Law Group and McNicholas & McNicholas, filed a lawsuit against Quorn Foods, Inc., Sprouts Farmers Market and Howell Mountain Distributors for the wrongful death of 11-year-old Miles Bengco who suffered a severe anaphylactic reaction to the Quorn Food product “Turk’y Burger,” which contained mycoprotein – a novel term coined by Quorn Food’s to describe its vat-grown, soil fungus, food products.
The lawsuit alleges that although Quorn Foods labeled its product as “mycoprotein”, they alluded that that it is the same or similar to known and more desirable foods, such as mushrooms, truffles and morels. It misbranded its product by conspicuously omitting the word “mold” from the ingredients list. Miles was severely allergic to mold, but was otherwise a healthly and physically active boy and played on a city league basketball team.
“Miles was a healthy 11-year old boy, but Quorn’s blatant disregard for consumers with allergies cost Miles his life,” says Patrick McNicholas, Partner with McNicholas and McNicholas. “Quorn chose marketing over consumer safety.”
“Quorn Foods has an obligation to its consumers to label its food products honestly and accurately so people know what they are eating won’t harm them,” says Todd Becker, Owner of Becker Law Group.
Background
On the night of Miles’ death, his mother purchased a Quorn Turk’y Burger at Sprout’s Farmers Market for dinner. With knowledge of Miles’ severe allergy to mold and asthmatic past, she carefully reviewed the ingredients and purchased it not knowing that the primary ingredient mycoprotein was a mold.
Within minutes of consuming the burger, Miles went into respiratory distress and began using his nebulizer. Miles communicated to his brother to call 911. The family administered an epi-pen while waiting for emergency response. The ambulance transported Miles in critical condition to Los Alamitos Medical Center, and then subsequently transported him to Miller Children’s Hospital in Long Beach, where he was pronounced dead later that evening.
The lawsuit demands a jury trial.
###
LOS ANGELES, CA – The plaintiff’s trial law firm McNicholas & McNicholas filed a retaliation lawsuit against the City of Whittier on behalf of six Whittier Police Department (WPD) Officers and demanding a trial by jury. The lawsuit alleges that the WPD imposed an unlawful citation and arrest quota in violation of California Vehicle Code Section 41600 on its officers. The plaintiffs, Officers Joseph Rivera, Jim Azpilicueta, Anthony Gonzalez, Steve Johnson, Nancy Ogle and Mike Rosario, refused to participate in and report the unlawful citation and arrest quota. They were ultimately subjected to multiple and repeated adverse actions, including negative and disparaging language and comments in their permanent files, unfavorable documentation, unwarranted counselling sessions and transfers, increased scrutiny, and threats of termination in official documents if they did not meet the quotas.
“The imposition of a ticket and arrest quota is not only a clear violation of state law, but a really bad approach to managing police officers; it prevents them from doing their jobs which is to protect the public every day” says lead counsel, Matthew McNicholas, a Partner with McNicholas & McNicholas. “It’s a shame that these officers’ careers have been materially and adversely affected as a result of the harm and damage conducted by Whittier Police Department, when it was the officers who were actually doing the right thing.”
Similarly in November 2013, Mr. McNicholas obtained a $5.9 million settlement on behalf of ten LAPD motor officers claiming retaliation for refusing to follow an illegal ticket quota.
Becker Law Group and McNicholas & McNicholas File Lawsuit Against County of Santa Barbara, Sheriff’s Department and Capri Apartments for Isla Vista Shooting
-- Elliot Rodger’s killing spree near UCSB campus on May 23, 2014 left six students dead and 14 injured --
Santa Barbara, CA – The Los Angeles-based plaintiffs trial law firms of Becker Law Group and McNicholas & McNicholas, filed a wrongful death lawsuit against Santa Barbara County, Santa Barbara County Sheriff’s Department (SBCSD), Capri Apartments in Isla Vista, CA and Asset Campus Housing on behalf of the parents of the three young men, David Wang, James Hong and George Chen, who were murdered by Elliot Rodger in the Capri Apartments.
The suit against the SBCSD is brought for violations of the decedents federally protected constitutional rights pursuant to 28 USC 1983. The suit against the apartment is brought based upon inadequate screening and placement of Mr. Rodger in the decedent’s apartment unit.
The lawsuit alleges that the SBCSD increased the danger to the decedents who were in a place of safety when a welfare check was performed on April 30, 2014. At that time, Mr. Roger had a cache of weapons and ammunition in his room and commented in his diary that he was relieved the Deputies didn’t check his room because his plan would have been ruined. Prior to the welfare check, there were numerous red flags as well two prior police contacts. On the day of the welfare check, the Sheriff failed to, among other things, perform a gun background check or view the You Tube videos which prompted the welfare check. Additionally, the Sheriff never spoke with the decedents to advise them of the welfare check or to obtain information.
The lawsuit also alleges that Capri Apartments failed to perform a proper background check; conduct a reasonable investigation of Rodger before assigning him roommates; properly monitor its roommate pairings; and warn Rodger’s roommates of his unstable and violent propensities.
“Despite the defendant’s knowledge of Rodger’s bizarre and violent behavior, they negligently failed to conduct any background check, withheld their knowledge of Rodger’s sadistic behavior, and in doing so, allowed the community to fall prey to his vindictive attack,” said Todd Becker, Owner of Becker Law Group.
“With the devastating number of school shootings that have occurred in the recent past, the proper procedures should have been in place and followed. The decedents were placed in a position of increasing danger due to the Sheriff’s conduct at the welfare check. As a result, David, James and George lost their lives,” said Patrick McNicholas, Partner of McNicholas & McNicholas.
Background
On June 4, 2011, Elliot Rodger moved into the Capri Apartments in Isla Vista, CA. Over a three-year period, he was assigned numerous different sets of roommates and transferred several times to other apartment units by Capri’s management. In all of his living situations, Mr. Rodger created hostile and violent environments for his roommates, including subjecting them to racial comments and jealous outbursts. Capri’s management never warned any of his roommates of his racist and violent history with previous roommates.
Beginning in 2012, Mr. Rodger began actively posting hateful, misogynistic, racist and disturbing content on various internet message boards, all of which were easily discoverable through a Google search of his name.
On or around July 20, 2013, while Mr. Rodger was living with another set of roommates, he attended a party where he attempted to push three girls off of a ledge for ignoring him. A group of male students intervened and pushed Mr. Rodger causing him to break his ankle. Upon returning to his home at Capri Apartments, Mr. Rodger told a neighbor, “I’m gonna kill all those mother***kers and kill myself.”
After the incident, the SBCSD interviewed other people at the party who said Mr. Rodger was the only aggressor and had targeted women. The police did not follow up and the matter was dropped.
In the fall of 2013, while Mr. Rodger was living with another set of roommates, he hid his roommates’ pots and pans because he did not like the smell of their cooking. In response, one of the roommates took Rodger’s candles and candle holders. Mr. Rodger called the police and instead of investigating the incident, the officers arrested Rodger’s roommate.
On April 30, 2014, the Sheriff’s Department was notified by a mental health worker of Mr. Rodger’s disturbing online content. The Sheriff was expected to conduct a search of Mr. Rodger’s apartment, but failed to do so. By this point, Mr. Rodger had purchased and hidden several weapons and ammunition in his room.
As Mr. Rodger put in his manifesto, “if they had demanded to search my room… That would have ended everything. For a few horrible seconds I thought it was all over. When they left, the biggest wave of relief swept over me… This incident made me realize that I needed to be extra careful. I can’t let anyone become suspicious of me…”
On May 23, 2014, Mr. Rodger emailed his family and therapist the manifesto he had composed, and uploaded a video to YouTube titled “Elliot Rodger’s Retribution,” outlining his motive and plan of attack. After the email was sent and the video was posted, Rodger stabbed and killed his two roommates and their friend, and then sought to attack a nearby sorority house. After failing to gain entrance, he opened fire on the busy college town of Isla Vista where he ended the lives of three more students.
-- Utility company allegedly refused to help South Korean American employee despite his numerous complaints to supervisors --
LOS ANGELES, CA − The Los Angeles-based plaintiff’s trial law firm McNicholas & McNicholas filed a lawsuit on behalf of a senior security officer against his employer, the Los Angeles Department of Water and Power (“DWP”). The suit alleges that Korean-American Peter Lee was subjected to nonstop harassment, discrimination and retaliation based on his race, while employed with DWP, a utility company notorious for hazing.
“From his first day on the job at DWP in 2010 until present, Mr. Lee has been made to feel like a subhuman being by his co-workers and superiors,” said lead attorney Matthew McNicholas, Partner at McNicholas & McNicholas. “He has been constantly treated unfairly, threatened, ridiculed and verbally abused. The endless berating and emotional battering that he endured, and that DWP condoned, is unconscionable.”
“This is by far one of the most egregious cases of this type of abuse,” said Associate Alyssa Schabloski. “They broke every rule in the book and it is still going on.”
Background
While on the job, Mr. Lee, the only Asian security lieutenant on staff, was the target of unrelenting racial and sexual orientation slurs. He is frequently referred to as a “bitch”, a crooked “Chinaman” and a “homosexual”. His supervisors and co-workers spread vicious rumors, including that he is not qualified to work at DWP, that his hiring at LAPD and the utility were the result of lewd acts he performed on higher ups, that he was a crooked cop, and many other libelous and slanderous claims. Further, a letter forged with Mr. Lee’s signature expressed interest in forming a romantic relationship with a male lieutenant. Mr. Lee was also the target of numerous “dog eating” slurs.
Other forms of abuse included being asked to patrol properties in remote locations (known as “freeway therapy”) where his supervisors knew he would easily become lost for many hours after traveling hundreds of miles. In addition, he was dispatched to life-threatening situations without the proper training, put in an undesirable and particularly dangerous position by being asked to remove homeless people from properties all by himself, laughed at when he inhaled potentially deadly gas, unfairly docked pay for being late to work on one occasion while others who were late were not, and asked to take on far more work than his colleagues. One supervisor commented that he hoped Mr. Lee would “bleed, get hurt and fail.”
Each time Mr. Lee complained about the way he was being treated, whether it was in a written report or in face-to-face meetings with his superiors, including Executive Director Patrick Findley, Mr. Lee’s concerns were met with disdain and apathy.
“Mr. Lee did an excellent job of documenting the long line of abuse,” Mr. McNicholas stated. “Unfortunately, the litany of abuse goes on and on. The evidence is overwhelming to say the least.”
###
-- Employee commits suicide shortly after being subjected to Target’s “Walk of Shame” policy --
McNicholas & McNicholas filed a lawsuit against Target Corporation (“Target”) on behalf of Virginia Gentles, the decedent’s mother, for intentionally inflicting severe emotional distress upon her son and former Target employee, Graham Gentles, and thereby causing him to commit suicide after Target management and security personnel arrested, restrained and subjected Mr. Gentles to the “Walk of Shame” without any basis.
The “Walk of Shame” is a Target policy intended to cause shame, embarrassment and emotional distress to any Target employee who is suspected of wrongdoing. It includes being arrested and paraded in handcuffs through the Target store in full view of co-workers and store customers.
The lawsuit alleges that Target Corporation, Target’s Pasadena Store Team Leader Anthony Mims and Executive Team Leader of Asset Protection Charles Godinez falsely imprisoned Mr. Gentles without a reasonable basis to believe that he had committed a felony.
The lawsuit also alleges the defendants negligently, recklessly or intentionally caused Mr. Gentles severe emotional distress, which was a substantial factor in his suicide several days following the false arrest.
“The treatment of Graham is disturbing and ultimately caused a hardworking employee to commit suicide,” said Patrick McNicholas, Partner at McNicholas & McNicholas. “Target overstepped its boundaries. Their “Walk of Shame” policy had its intended effect—to humiliate and shame—in this case, with tragic consequences.”
Background
On July 15, 2014, 10 minutes before Mr. Gentles was scheduled to begin work, he was met by police and Target security personnel at the front entrance of the Pasadena store. At the direction of Mr. Mims and Mr. Godinez, the police forcefully grabbed Mr. Gentles, emptied his pockets, pulled his hat off, handcuffed him and then paraded him through the Target store in front of co-workers and customers. With no idea as to why he was being arrested, Mr. Gentles was forcibly detained, questioned and taken to the police department. He was never charged and was released the same day.
Ms. Gentles has never been told why her son was detained, subjected to Target’s “Walk of Shame” and arrested.
Mr. Gentles, who suffered from Asperger’s Syndrome, experienced severe emotional distress following the arrest. On July 18, 2014, three days after his arrest, Mr. Gentles committed suicide.
###
Media Alert – Press Conference
Lawsuit Filed For the Wrongful Death of 11-Year-Old Boy From Eating Quorn Food Product
Wednesday, March 25, 2015 at 11:00 am PT
The Westin Hotel in Long Beach, CA
Who: The Los Angeles-based plaintiffs trial law firms of Becker Law Group and McNicholas & McNicholas filed a lawsuit against Quorn Foods, Inc., Sprouts Farmers Market and Howell Mountain Distributors for the wrongful death of 11-year-old Miles Bengco who suffered a severe allergic reaction to the Quorn Food product “Turk’y Burger,” which contained mycoprotein – a novel term coined by Quorn Food’s to describe its vat-grown, soil fungus, food products.
Read full release.
Read full complaint.
What: Interview opportunities available with attorneys Todd Becker, Patrick McNicholas and Ann Marie Cote, mother of victim Miles Bengco. The press conference will include:
--A statement from the mother, Ms. Cote.
--An overview of the allegations filed against Quorn Foods, Inc., Sprouts Farmers Market and Howell Mountain Distributors and next steps in the lawsuit.
--Samples of Quorn Food products on display.
When: Wednesday, March 25, 2015 at 11:00 am PT
Where:
The Westin Long Beach
Tokyo/Vancouver Room on the 3rd Floor
333 East Ocean Boulevard
Long Beach, CA 90802
Questions: Contact Michelle Villamor; michelle@berbay.com; 310-405-7331 or 562-397-0705.
LOS ANGELES, CA – The Los Angeles-based plaintiff’s trial law firm McNicholas & McNicholas filed a lawsuit on behalf of Edward Jordan and De’wana Hubbard, two African-American detectives working Legal Affairs Division (LAD) at the Los Angeles Police Department (LAPD), who were allegedly subjected to discrimination and harassment based on race, as well as ostracized and retaliated against by superiors.
Detective Jordan and Detective Hubbard have been on the job at the LAPD for more than 20 years. Their work at LAD consists of assisting the Office of the City Attorney in defending race and gender discrimination lawsuits against the LAPD and providing training to the 21 divisions within the LAPD on proper workplace behavior in order to avoid these types of lawsuits from occurring in the first place.
Panel Counsel to the Los Angeles Police Protective League and lead attorney Matthew McNicholas comments, “It’s ironic how these detectives were subjected to the exact treatment that their duties as LAPD officers were meant to prevent. They have helped defend the LAPD in many, many race-based lawsuits; they certainly know what that unlawful treatment looks like and feels like.”
Background
The detectives were subjected to a number of improper actions, including:
- Racial taunts, such as throwing a banana peel at one of the detectives;
- Denied privileges and benefits associated with their positions, such as not being permitted to interview officers applying for positions directly under Det. Hubbard’s command, which is standard practice at the LAPD, and being denied full electronic keycard access to floors and basic workplace necessities, such as the men’s room for Det. Jordan.
- Hubbard was denied equal access to the training needed she needed to be successful in her position. She was set up to fail and embarrassed after she was the only one denied advance notice of a meeting and looked unprepared.
- Jordan, after he reported improper conduct, was transferred out of his unit while the bad actor was not, and was given a subordinate-sized desk.
- Hubbard, after being properly selected for her supervisory position by going through the formal channels, was told by her supervisor on one of her first days, “I did not pick you, you were not my choice.”
- After a supervisor within the division had been asking for months to fill a vacant position in his unit with a Detective, the supervisor suddenly declined when Det. Jordan was selected and waited weeks to fill the spot with the next available white detective.
Over Mr. McNicholas’ career, he has handled multiple high-profile harassment, discrimination, and retaliation cases on behalf of officers against the LAPD, including: $12.3 million for five LAPD trainees forced out of the academy based on disability discrimination; $5.8 million for the first African-American in the Bomb Squad who was discriminated against; $3.9 million for the first Asian-American in the K-9 Unit that discriminated against; $3.6 million for a bomb-dog handler in the LAPD’s LAX K9 Bomb Detection Unit because he stood-up for the lone female in the unit; and $5.9 million on behalf of 10 officers subjected to retaliation for refusing to follow an illegal ticket quota.
###
Lawsuit Filed Against County of Santa Barbara, Sheriff’s Department and Capri Apartments for Isla Vista Shooting
Tuesday, March 3, 2015 at 10:00 am PT Millennium Biltmore Hotel Los Angeles
Who: The Los Angeles-based plaintiffs trial law firms of Becker Law Group and McNicholas & McNicholas filed a complaint against Santa Barbara County, Santa Barbara County Sheriff’s Department, Capri Apartments in Isla Vista, CA and Asset Campus Housing on behalf of the parents of the three young men, David Wang, James Hong and George Chen, who were murdered by Elliot Rodger in the Capri Apartments.
Read full release. (Linked here and included below)
What: Interview opportunities available with attorneys Todd Becker, Patrick McNicholas and Kelly Wang, mother of victim George Chen. The press conference will include:
--A statement from the families of the victims.
--An overview of the allegations filed against the defendants and next steps in the lawsuit.
--Media packet which includes a timeline of critical events and facts, photos of victims, copy of the conformed complaint, and more.
When: Tuesday, March 3, 2015 at 10:00 am PT
Where:
Millennium Biltmore Hotel Los Angeles
Tiffany Room
506 South Grand Avenue
Los Angeles, CA 90071
Phone: 213-624-1011
Click here for map.
Questions: Contact Michelle Villamor; michelle@berbay.com; 310-405-7331 or 562-397-0705.
As published in the Daily Journal, Santa Monica Mirror and Argonaut, McNicholas & McNicholas and Perez & Caballero filed two lawsuits seeking damages against the City of Los Angeles for creating the dangerous conditions at the crowded Venice Beach Boardwalk that enabled a man to intentionally plow his car into dozens of pedestrians in August 2013, which injured their clients Joanna Botton, Nancy Martinez and Jose Enrique Gutierrez.
The lawsuit alleged the City could have prevented unauthorized vehicles from entering the Boardwalk, and should have taken a cue from the City of Santa Monica that installed barriers following a similar incident.
As reported by LA Weekly and InsideCounsel, McNicholas & McNicholas filed a lawsuit on behalf of police officer Steven Ruiz who alleged he was demoted from Captain III to Captain I, and then to Lieutenant in retaliation for refusing to violate the rights of a fellow officer at an administrative tribunal proceeding, contrary to the wishes of LAPD Chief Charlie Beck.
The ostensible cause for the demotion was a citation for driving under the influence while off-duty. However, the double demotion was not consistent with the Department’s clear policy and procedures afforded to sworn officers on their first, off-duty offense.
Lawsuit Filed Against L.A. County for Failure to Properly Administer and Allocate Measure B Funds To Trauma Centers
-- Following the denial of a governmental claim, Antelope Valley Hospital files complaint with court in order to seek judicial relief--
LOS ANGELES, CA – Antelope Valley Hospital (“AV Hospital”), via its legal counsel McNicholas & McNicholas and The Sutton Law Firm, filed a petition for writ of mandate and complaint against the County of Los Angeles and its Board of Supervisors for failing to properly administer and allocate billions of dollars of Measure B property tax revenue to L.A. County trauma centers, particularly AV Hospital. In April 2015, AV Hospital filed a governmental claim, a precursor to this lawsuit.
Earlier this month, the County denied a slightly amended claim, forcing AV Hospital to ask the Court to order L.A. County to properly allocate Measure B funds consistent with what the voters apprMeasure B Lawsuit Release FINALoved in 2002.
“We’ve given the County ample opportunity to right this wrong and we hoped to avoid litigation; however, we are now taking the appropriate next steps to ensure that AV Hospital receives the funding to which it is entitled,” said Patrick McNicholas, Partner at McNicholas & McNicholas.
Approved by the County’s voters in the year after 9/11, Measure B assesses taxes to provide funding for the expansion of the County’s trauma centers and emergency medical services to ensure a more timely and effective response to medical emergencies and threats of biological and chemical terrorism. The claim, which followed an extremely critical State audit, alleged that the County consistently failed to conduct comprehensive assessments of its trauma system, failed to use Measure B funds to address the County’s most pressing trauma needs, and failed to fulfill the intent of Measure B to expand trauma services countywide.
“Reports indicate that in 2013, the vast majority of Measure B funds were clearly directed in favor of the three L.A. County Hospitals, one of which was not a trauma-designated hospital,” stated Paul Brydon, CFO of AV Hospital. “We are consciously being underfunded and ignored.”
“As a not-for-profit district hospital, we want to assure that we can continue to provide critically needed health care services to the thousands of L.A. County residents who rely on us daily, as we have for the past 60 years,” said Interim CEO of AV Hospital, Jack Burke.
Background on AV Hospital and Measure B
AV Hospital serves five percent of Los Angeles County’s population, yet receives less than any other trauma and non-trauma center in the County – less than one-half of one percent of all Measure B funds annually.
More than 25 years ago, Los Angeles County’s trauma centers began to withdraw from the system due to the increasing cost of uncompensated care for patients with no insurance or ability to pay for emergency services. Following the terrorist attacks on 9/11, Measure B’s parcel tax was adopted to avoid the life-threatening shutdown of Los Angeles County’s trauma network and to expand emergency medical services.
In November of 2002, Measure B, entitled “Preservation of Trauma Centers and Emergency Medical Services; Bioterrorism Response,” was voted into law by more than 73% of the County’s voters. According to the State Auditor’s report, the County allocated more money to its own County non-trauma hospital than to all 12 non-County trauma hospitals combined.
The Board of Supervisors implemented the Measure B parcel tax of three cents per square foot on structural improvements to real property, increasing gradually over time. In Fiscal Year 2011-2012 alone, the measure generated more than $256 million in revenue. Unfortunately, only a miniscule portion of this went toward fulfilling the voters’ intent. Despite reassurances from the County that AV Hospital would receive increased funding, AV Hospital has been all but forgotten by the County – in favor of the hospitals that are closer to the County seat. AV Hospital has been seeking the funds promised by Measure B and will continue to move forward with the necessary legal action until justice has been served.
###