San Francisco Fire Department Concerned About Street Barriers

The city of San Francisco added street barriers along five blocks of Capp St from 18th to 22nd to deter alleged prostitution. This action may violate local statues and city fire codes. The fire department is worried about lack of access that could delay emergency response times.

In an interview with ABC news, Chris Dolan said:

“The fire code specifies the type of access that fire trucks need to have for public safety. The vehicle code allows local governments to put limitations on traffic movement based on crime. So both of these have an effect. They need to be balanced.”

“A public process including consultation with the fire department and other safety forces,” should be held in a public hearing. Dolan said “Many of the residents may have unique needs, for example, a resident may be disabled and may need access to their garage.”

Local city and emergency department need to come together to balance the needs of the community.

See full ABC News story here:

 

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$16.7 Million Verdict in Castro-Gonzalez v. Cazarez 

San Diego jury finds Felipa Cazarez (defendant) responsible for the injuries caused by her actions to our client Mr. Martin Castro-Gonzalez and awards $16,702,050.00. 

On September 28, 2019, Felipa Cazarez, defendant, crashed her vehicle into a pickup truck parked in a residential driveway. At the time of the collision, sixty-one-year-old Martin Castro-Gonzalez was leaning on the truck. Mr. Gonzalez was thrown to the ground, causing spinal injuries resulting in paraplegia. Mr. Gonzalez alleged Ms. Cazarez was driving under the influence of alcohol and caused his injuries. On December 5, 2022, trial began in San Diego County Superior Court. 

On December 9, 2022, the jury returned a verdict in the amount of $16,702,050.00 in favor of Mr. Gonzalez, including a finding of punitive damages against Felipa Cazarez. After the verdict, a smiling, teary-eyed Mr. Gonzalez stated,

“I’ll never get my life back, but at least I know I’m worth something.”

Further information may be obtained by contacting Chris Dolan at 415-279-2604 or chris@dolanlawfirm.com

 

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1.5 Million Verdict plus $500K in prevailing cost(s) in Raul Mejia-Lopez v. Jet Speed Plumbing, Inc., a California Corp., et al.

Chris Dolan and Aimee Kirby are pleased to announce a life changing verdict for the Mejia Lopez family. Mr. Lopez was struck from behind on Highway 91 in LA. He had a two-level foramina decompression by Dr. Kassimian. One week of MILS and Jury selection, followed by one week of Chris getting COVID, and one week of trial returned a 1.5 million verdict. Defense best, last, final, 600K. Policy limit demand of 1,000,000 by 998 was served over a year ago. With prevailing party costs and experts, it will top out at around 2 million.
Up and through today the Mejia Lopez family, husband, wife and three children, were all living in one room. Now they will be able to have a proper place to live, with extra room for their family. We must remember what may not seem to be the biggest victory for us is often the biggest, most important event for our clients, and it matters.
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How will Supreme Court Opinions Affect California?

Written By Christopher B. Dolan and Cristina Garcia

This week’s question comes from Leticia who asks: Lately, the news has focused on the Supreme Court and their rulings. I’m concerned how all this will affect me. I live in the Bay Area and don’t plan to leave California any time soon. I want to know how the opinions released by the Supreme Court of the United States affect Californians? 

Dear Leticia,

Thank you for your question. The Supreme Court of the United States, also called SCOTUS, has released a series of opinions that affect various issues, from reproductive rights to environmental protection. A question that many Californians are asking themselves is how do the SCOTUS decisions affect our state?    

To understand how the SCOTUS decisions will affect Californians, reviewing the Supremacy Clause is essential. The Supremacy Clause is a clause within Article VI of the United States Constitution, which states that federal law is the “supreme law of the land.” Federal law preempts state law if it interferes with or conflicts with federal law. 

For example, the case of the New York State Rifle & Pistol Association, Inc., et al. v. Bruen, et al. illustrates how the Supremacy Clause preempted New York state law. This case involved two men who applied for permits to carry a concealed weapon in public. Under New York State’s Sullivan Act, local officials were given discretion in determining whether the applicant proved “good moral character” and “proper cause” for needing the concealed-carry licenses for self-protection distinguishable from the general community. Local officials determined that neither of the men had demonstrated proper cause and denied their requests. The two men then sued the state officials who oversee the process of licensing applications, alleging that their Second and Fourteenth Amendment rights were violated by denying their unrestricted-license applications.

After reviewing the case, the SCOTUS determined that “New York’s proper-cause requirement violates the Fourteenth Amendment. It prevented law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.” (Id.) The SCOTUS effectively struck down New York State’s Sullivan Act, which placed restrictions on individuals carrying concealed weapons. 

The SCOTUS decision is important to California specifically, as we have similar gun control laws to New York, and the recently decided case is now precedent. This means that the SCOTUS opinion will be used as authority by other courts when deciding subsequent cases involving similar facts or similar legal issues. Therefore, they SCOTUS opinion may be used to challenge gun laws in California. 

Although in New York’s case, the SCOTUS determined that federal law preempted state law, it has also issued opinions that embolden a state’s ability to enact legislation on various other issues, including those which the SCOTUS itself had once settled. A couple of those decisions are Dobbs, et al. v. Jackson Women’s Health Organization, et al., which overturned the landmark case of Roe v. Wade. The SCOTUS opined that the Constitution does not confer a right to abortion. They would return the authority to regulate abortion to the states. As a result, each state can ban abortions, place restrictions on abortions, or allow for safe abortions to take place. Similarly, in West Virginia v. Environmental Protection Agency (“EPA”), the SCOTUS limited the federal EPA’s ability to overhaul the nation’s electricity supplies in favor of wind power and other renewable resources. Therefore, allowing the states to determine what legislation to enact. Thus, although the SCOTUS opinions did not involve California, they may affect California laws. The cases discussed above are a short synopsis of the SCOTUS opinions. We strongly encourage everyone to read the opinions themselves or the detailed summaries of organizations such as the American Civil Liberties Union (ACLU). 

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Rice v. City of Roy: A Police Shooting Incident Case

A federal jury rules unanimously in favor of Chris Dolan’s clients and finds excessive use of force used by police officer Chris Johnson. A verdict of $3, 257,000.00 was awarded to plaintiffs, in Federal Court, Tacoma Washington, and against Chris Johnson and the city of Roy on September 23, 2021. This case arises from a police officer involved shooting just south of the Roy Washington city limits in February of 2019.

FOR IMMEDIATE RELEASE

UNANIMOUS JURY HOLD ROY WASHINGTON POLICE OFFICER LIABLE FOR EXCESSIVE FORCE IN POLICE SHOOTING CASE

On September 23, 2021, a Federal Jury, In Tacoma, Washington, unanimously found that City of Roy Police Officer, Christopher Johnson, violated the Fourth Amendment rights of David Rice and Seth Donahue, when he shot them as they were traveling, unarmed, in their UTV on the BNR rail tracks inside the City of Roy, a rural city of less than 1,000 inhabitants covering .49 square miles. Roy has a police force of 2, one being the defendant, Christopher Johnson. The total verdict was $3,257,000.00.

FACTS:

February 9th, 2019, was a snowy day in Roy, located in Pierce County, Washington, about 60 miles outside of Seattle. Rice and his nephew, Donahue, had been out in their RZR UTV enjoying the 10-12 inches of snow traveling along trails, rail tracks and “tearing it up” through the city streets in Roy.  Admittedly, they had been drinking beer (ten and 13 beers respectively over 6 hours) that afternoon and evening. Officer Johnson alleged that Rice, driving the UTV, committed various traffic infractions and that he tried to pull the UTV over in town claiming that he activated his lights and siren, and that Rice and Donahue took off on the railroad tracks to evade him. Rice and Donahue stated they were unaware of Johnson’s pursuit, and it was shown that the rail tracks are a commonly used UTV trails. Home surveillance video, located nearby, peripherally caught the shooting on tape.  Dolan argued that “Johnson’s ego, being bruised, let him to turn off his lights and siren and race ahead to try and cut-off Rice and Donahue on the tracks at 295th St.  As Johnson approached perpendicular to the tracks, he turned off all the lights on his car “going dark” as the UTV approached.  Johnson then quickly drove the police vehicle towards the tracks, turned on only his spotlight, shined it down the tracks towards Rice, and ran from his police car, weapon drawn, towards the UTV.  Jonson admitted that he placed himself on the tracks, directly into the path of the approaching UTV and when the UTV didn’t stop, fired two shots into the front windshield and then two more into the passenger window as the UTV went by “fearing for his life.”  Johnson was hit by the UTV before firing.  Rice and Donahue testified that they were blinded by the spotlight, did not associate it with a police officer, and did not see Johnson until he shot them. Rice was struck on the right shoulder, with the bullet traveling into his chest, and also in the groin where the bullet passed through and exited his left leg. Donahue was shot in the right hand.   Dolan used accident constructionists, police procedures and ballistics experts as well as the Chief of the Roy Police Department (the other half of the 2 sworn officers) and Johnson himself, to show that he violated Roy’s Use of Force and Police Pursuit Policies and engaged in an excessive use of force.  Dolan and Jessup also prevailed on a Monelll Claim demonstrating the Chief and Mayor of Roy ratified Johnson’s conduct by failing to engage in an officer involved shooting inquiry and engaging in a disciplinary review of Johnson’s conduct and maintaining him on the force.

Dolan said “finally the tide is turning against police abuse. And justice under the 4th Amendment is being secured for those victimized by abuses of police powers. There is not an increase of police abuse, there is an increase in civil prosecution of these cases largely fueled and supported by modern day evidence generated by cell phones and private surveillance cameras.”

David Rice stated “I thank the jurors for their time and honesty and their courage to hold the police accountable. Their decision vindicates me and my nephew: we were out just having fun in the snow, we didn’t threaten anyone, hurt anyone, and were just about home when he ambushes us and shot us.  I’m a hunter and you couldn’t even shoot a deer this way without it being a crime.  The City of Roy has lied about what happened to the press through their press releases. The Jury saw through those lies.  The City of Roy needs to act to remove Johnson and he should be criminally prosecuted for his excessive use of force and abuse of power.”

Seth Donahue stated “I have been afraid of the Roy Police since the day this happened. They painted us out to be criminals when it was Officer Johnson who broke the law. We are good people who were having fun on a snowy night on rural roads, we didn’t know Johnson was supposedly chasing us and he came out of nowhere and opened fire. They need to take him off the street and take his gun and badge. Before he kills someone else.”

Further information may be obtained by contacting Chris Dolan at 415-279-2604 or Local Counsel, Doug Cloud at 253-921-1505

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Father Of Developmentally Disabled Student Files Suit Against Training Center For Alleged Negligent Supervision Resulting In Sexual Assault Of Son

student abuse lawyer, attorney in special needs students neglect lawsuits

San Francisco, CA – June 27, 2017 – Christopher B. Dolan, founder and Chief Legal Counsel at the Dolan Law Firm, PC, announced that a complaint has been filed against the Central Valley Training Center located in Fresno, California, for the sexual assault of a student at the facility by another unsupervised student. The complaint alleges that the center, a daycare provider for adults with developmental disabilities, was negligent in its duty to ensure the safety of the son of A.K., the father who filed the complaint and whose name has been abbreviated to protect the identity of his son. The complaint further alleges that the center failed to safeguard the son from foreseeable assault and injury from other students.

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Pleasanton California Business Owner Dressed Like Trump Racially Harasses African American Employee – Suit Filed In Alameda County Alleges

Kenneth Hayden as Trump
Kenneth Hayden as Trump

San Francisco, CA – June 8, 2017 – The Dolan Law Firm, on behalf of their client, Ms. Tishay Wright, filed suit today against Southland Construction Management Inc. and its owners Kenneth & Anita Hayden for racial discrimination and harassment.  Ms. Wright, an African American woman, was repeatedly subject to unwanted racial commentary, stereotypes and differential treatment because of her race and gender.

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Wyndham Whistleblower Lawsuit Receives National Press Coverage

A San Francisco jury awarded $20 million to Trish Williams, a former Wyndham timeshare sales representative, who was wrongfully terminated for reporting time share fraud on the elderly
Plaintiff Trish Williams (in center) with her attorneys Chris Dolan and Anne Costin after jury issued verdict in the Wyndham whistleblower lawsuit.

On November 25, 2016, columnist Gretchen Morgenson of the New York Times profiled Patricia Williams who was wrongfully terminated after she blew the whistle on fraud at former employer, Wyndham Vacation Ownership, the nation’s largest timeshare company. A San Francisco Superior Court jury the week earlier awarded Williams $20 million for her lost earnings and emotional distress, and punitive damages.

During her tenure at Wyndham, Williams told her superiors about an array of dubious activities with a focus on defrauding elderly customers. Salespersons falsely told customers that Wyndham would buy back their ownership stakes if they no longer wanted them. Credit card accounts were opened for buyers and charged without their knowledge and approval.

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$20 Million Verdict For Wrongfully Terminated Whistleblower

A San Francisco jury awarded $20 million to Trish Williams, a former Wyndham timeshare sales representative, who was wrongfully terminated for reporting time share fraud on the elderly
Plaintiff Trish Williams (in center) with her attorneys Chris Dolan and Anne Costin after jury issued verdict.

$20 Million Verdict For Whistleblower Who Exposed Financial Fraud of Elderly By Wyndham Vacation Ownership – World’s Largest Timeshare Company

A San Francisco jury awarded $20 million to Trish Williams, a former Wyndham timeshare sales representative, who was wrongfully terminated for reporting time share fraud on the elderly (San Francisco Superior Court Case No. CGC-12-526187). The verdict, read late on Thursday, November 17, 2016, followed a one-month trial in which Williams was represented by Chris Dolan of The Dolan Law Firm and Anne Costin of Costin Law Inc.   

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Elder Abuse Suit Filed After Senior Found Dead At Nursing Home

san-mateo-courthose
San Mateo County, California, Courthouse

Failure To Assist Resident Use Bathroom Resulted In Fall And Death Lawsuit Charges

San Mateo, CA (September 30, 2016) – On behalf of the family of Calvin Bennett, age 85, attorneys Chris Dolan and Aimee Kirby of the Dolan Law Firm filed earlier this year an elder abuse and wrongful death lawsuit against a San Mateo County assisted living facility and its owner Karin Lastimosa. Bennett died at Elle’s Care Home located in Broadmoor Village on May 30, 2015.

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