The Court of Appears, Fourth Appellate District recently affirmed both a defense jury verdict, as well as an award of attorney's fees in favor of Defendant in O'Meara v. City of Huntington Beach, tried by David P. Lenhardt of the Orange County Office. Plaintiff, John O'Meara initially sued the City of Huntington Beach claiming both false arrest and excessive use of force. After a jury trial, not only did Mr. Lenhardt secure a defense verdict, but the Court also awarded $25,000.00 in fees and $8,000.00 in costs to reimburse Defendant City of Huntington Beach for defending against the frivolous and unjustified lawsuit.

Thereafter, Plaintiff, O'Meara appealed the case. In January 2005, the Appellate Court affirmed both the judgment on the defense jury verdict as well as the order for Plaintiff to reimburse Defendant for attorney's fees and costs.

Unpublished Official Report

Derian Eidson of the Orange County office recently prevailed on an appeal before the Third Appellate District. The case of Wells Fargo Bank v. Ardith Zinnel was decided on December 28, 2004 by the Appellate Court in favor of Ms. Eidson’s client, Ardith Zinnel. The case was an interpleader action filed by Wells Fargo Bank against Ms. Zinnel in which Wells Fargo Bank failed to deposit the interplead funds with the Court. Through the pendency of the action, Ms. Zinnel contested the propriety of the interpleader action and ultimately, the lower Court dismissed Wells Fargo’s interpleader action. However, the lower Court improperly awarded Wells Fargo $43,000.00 in attorney’s fees which Wells Fargo attributed to being incurred during the pendency of the interpleader action.

After reviewing the briefs and hearing oral argument, the Appellate Court overturned the trial Court’s granting of attorney’s fees in favor of Wells Fargo, and ordered that Wells Fargo Bank reimburse Ms. Eidson’s client, the $43,000.00 wrongfully retained by the bank. The Appellate Court ruled that in order for attorney’s fees to be awarded in an interpleader action, the stakeholder must deposit the funds in dispute with the Court. As Wells Fargo failed to deposit the funds with the Court, they were not entitled to attorney’s fees under the interpleader statute.

Derian Eidson recently obtained a defense award in binding arbitration on behalf of the Santa Ana Unified School District. Plaintiff, a twelve-year-old boy sustained an injury to his eye when a classmate shot a staple into it with a rubber band. Plaintiff sued the school district and the teacher alleging negligent supervision.

During the binding arbitration hearing on the matter, Ms. Eidson argued that there was nothing the teacher could have done to prevent the children from shooting staples in the classroom, in light of the previous disciplinary actions taken. Thus, the arbitrator awarded the school district a binding defense award.

A.J. Pyka and Derian Eidson recently tried a disability discrimination case before Judge Ronald Bauer in the Orange County Superior Court. Kinkle, Rodiger & Spriggs attorneys represented the Santa Ana Unified School District which has a number of portable classrooms which became infested with mold. The plaintiff, a teacher in one of the portable classrooms, alleged that she became sick from the mold. The school district proceeded to remediate the classrooms, including plaintiff's. After the plaintiff returned from an absence of work of one year due to her mold induced illness, she requested a room other than her old (but not remediated) classroom. Nevertheless, the district placed her in her old room.

Plaintiff alleged that she had an acute sensitivity to mold and could not work in her old classroom. Nevertheless, the district placed her back in her old classroom and the plaintiff once again became sick.

Plaintiff sued for disability discrimination and exposure to mold. The demand for settlement was in the amount of $1 million. The School District offered $25,000.00. After an eight-day trial, the jury returned a defense verdict for the firm's client.

A.J. Pyka recently obtained a summary judgment on behalf of his client, Mass Movement, who had delivered and set up a piece of exercise equipment for Linda Evans Fitness Center. While using the subject piece of equipment, the plaintiff injured herself and ultimately incurred in excess of $700,000.00 in medical expenses. Mr. Pyka was successful in extricating his client from the litigation by way of summary judgment, heard by Commissioner Eleanor Palk.

In a rare plaintiff's case, KR&S attorney, A.J. Pyka, obtained a $75,000.00 settlement in an automobile accident involving soft-tissue injuries to his client.

Mr. Pyka presided over the California MCLE seminar entitled Trial Advocacy in California.

Employing the California Anti-"SLAPP" statute under CCP § 425.16, A.J. Pyka recently extricated a client from a defamation lawsuit and obtained an award of $10,000.00 in attorneys' fees for his client.

Mr. Pyka lectured on behalf of NBI, on the topic of Trying the Automobile Injury Case in California.

Mr. Pyka was honored to have been selected as one of the presenters in the prestigious ABOTA "Master in Trial" seminar, where he conducted the cross-examination of the plaintiff.