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2 2 JANUARY 26, 2015 DAILY AT Business Law AWARD COURT VENUE CASE NAME ATTORNEYS 1 $47,895, Superior Court of Sacramento, Sacramento Sacramento OrthoTec LLC v. Surgiview S.A.S. Peter W. Ross (lead), Los Angeles, CA of Browne George Ross LLP; Benjamin D. Scheibe, Los Angeles, CA of Browne George Ross LLP 2 $6,000, Superior Court of Los Angeles 3 $5,653, United States District Court, Central District, Los Angeles Los Angeles Federal Zulfer v. Playboy Enterprises Inc. Sallustio v. Kemper Independence Insurance Co. David M. derubertis (lead), Studio City, CA of The derubertis Law Firm, APC; Mindy J. Lees, Studio City, CA of Law Office of Mindy J. Lees; Martin I. Aarons, Sherman Oaks, CA of The Aarons Law Firm, P.C. Christopher H. Whelan (lead), Gold River, CA of Law Offices of Christopher H. Whelan, Inc.; Lucas Whelan, Fresno, CA of Law Offices of Walter W. Whelan; David M. derubertis, Studio City, CA of The derubertis Law Firm, APC Construction AWARD COURT VENUE CASE NAME ATTORNEYS 1 $3,895, Superior Court of San Francisco, San Francisco San Francisco Murdoch v. Brock Solutions Joseph W. Carcione, Jr., Redwood City, CA of Law Offices of Carcione, Cattermole, Dolinski, Stucky, Markowitz & Carcione; Joshua S. Markowitz, Redwood City, CA of Law Offices of Carcione, Cattermole, Dolinski, Stucky, Markowitz & Carcione 2 $1,950, Superior Court of San Francisco, San Francisco San Francisco Tsedendorj v. Yevtushenko Paul L. Kranz, Oakland, CA of Law Offices of Paul L. Kranz; Daniel M. Siegel, Oakland, CA of Siegel & Yee Consumer Protection AWARD COURT VENUE CASE NAME ATTORNEYS 1 $16,493, Superior Court of Santa Clara, San Jose Santa Clara Doe v. PositiveSingles.com Robert S. Green, San Francisco, CA of Green & Noblin, P.C.; Lesley Weaver, Larkspur, CA of Green & Noblin, P.C.; Enrico Shaefer, Traverse City, MI of Traverse Legal, PLC Contracts AWARD COURT VENUE CASE NAME ATTORNEYS 1 $128,600, Superior Court of Kings, Hanford 2 $111,100, Superior Court of Santa Clara, Santa Clara 3 $39,600, United States District Court, Eastern District, Sacramento 4 $39,000, Superior Court of Los Angeles 5 $28,500, Superior Court of Santa Clara, San Jose Kings Grow Land and Water, LLC v. McCarthy Family Farms Inc. Santa Clara Andrade v. MHC Operating Limited Partnership C. Russell Georgeson (lead), Fresno, CA of Georgeson, Belardinelli & Noyes; Phillip A. Baker, Los Angeles, CA of Baker, Keener & Nahra, LLP; Christopher B. Noyes, Fresno, CA of Georgeson, Belardinelli & Noyes James C. Allen, San Diego, CA of Endeman, Lincoln, Turek & Heater LLP; David J. Semelsberger, San Diego, CA of Endeman, Lincoln, Turek & Heater LLP Federal Patriot v. Sierra Pamela A. Ferguson, Houston, TX of Greenberg Traurig, LLP; Laura Gleen, Houston, TX of Greenberg Traurig, LLP; Aimee M. Housinger, Houston, TX of Greenberg Traurig, LLP; Mary-Olga Lovett, Houston, TX of Greenberg Traurig, LLP; Stephen Paffrath, Sacramento, CA of Greenberg Traurig, LLP; Jennifer Tomsen, Houston, TX of Greenberg Traurig, LLP Los Angeles F&F LLC v. East West Bank Justin P. Karczag, Santa Barbara, CA of Foley Bezek Behle & Curtis LLP Santa Clara SanDisk Corp. v. PNY Technologies Inc. Allen J. Ruby (lead), Palo Alto, CA of Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates; David W. Hansen, Palo Alto, CA of Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates; James P. Schaefer, Palo Alto, CA of Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates Elderly Law AWARD COURT VENUE CASE NAME ATTORNEYS 1 $23,494, Superior Court of San Bernardino, San Bernardino San Bernardino Haworth v. Bouzaglou Joseph C. Girard, Marina del Rey, CA of Law Offices of Joseph C. Girard Employment AWARD COURT VENUE CASE NAME ATTORNEYS 1 $185,873, Superior Court of Los Angeles Los Angeles Juarez v. Autozone Stores Lawrence Alexander Bohm, Bohm Law Group 2 $26,107, Superior Court of Los Angeles 3 $12,304, Superior Court of San Bernardino, San Bernardino 4 $2,164, Superior Court of Los Angeles 5 $2,059, Superior Court of Los Angeles Los Angeles Nickel v. Staples Inc. Carney R. Shegerian, Santa Monica, CA of Shegerian & Associates; James Urbanic, Los Angeles, CA of Urbanic & Associates San Bernardino Los Angeles Los Angeles Atkins v. City of Los Angeles Bryant v. San Diego Gas & Electric Co. Trulsson v. of San Joaquin Matthew S. McNicholas, Los Angeles, CA of McNicholas & McNicholas LLP; Alyssa K. Schabloski, Los Angeles, CA of McNicholas & McNicholas LLP Charles E. Moore, San Diego, CA of Simpson & Moore LLP; Daniel M. Gilleon, San Diego, CA of The Gilleon Law Firm; James C. Mitchell, San Diego, CA of The Gilleon Law Firm Jill P. Telfer, Sacramento, CA of Law Offices of Jill P. Telfer See RANKINGS CHART page 4

3 DAILY AT JANUARY 26, Fraud Real Estate, Trusts and Estates Undue Influence Haworth v. Bouzaglou Plaintiffs claimed they were swindled out of family home Amount: $23,494, Type: Verdict-Mixed Venue: Los Angeles Court: Superior Court of Los Angeles Injury Type(s): head-headaches, mental/psychological-emotional distress Case Name: Jeanne Haworth, as successor trustee to the McGinty Family Special Needs Trust, and Kathleen McGinty, individually, v. Noam Bouzaglou, Andrew J. Stern, Ness Adam Inc. dba Ness Adam Construction, and Does 1-20, No. BC Date: March 24, 2014 Parties Plaintiff(s): Jeanne Haworth (Female, 50 ), Kathleen McGinty (Female, 55 Years) Plaintiff Attorney(s): Joseph C. Girard; Law Offices of Joseph C. Girard; Marina del Rey, CA, for Jeanne Haworth, Kathleen McGinty Plaintiff Expert(s): Edward Lear; ; Legal Services; Los Angeles, CA called by Joseph C. Girard; Michael Polls; Construction; Los Angeles, CA called by Joseph C. Girard, Richard Wood; Real Estate; Brentwood, CA called by Joseph C. Girard, Franklin Milgrim; M.D.; Psychiatry; Beverly Hills, CA called by Joseph C. Girard Defendant(s): Ness Adam Inc., Noam Bouzaglou, Andrew J. Stern Defense Attorney(s): Andrew J. Stern; Law Offices of Andrew J. Stern; Los Angeles, CA, for Ness Adam Inc., Noam Bouzaglou, Andrew J. Stern Defendant Expert(s): Dan Rosen; Construction; Rolling Hills Estates, CA called by Andrew J. Stern Facts: In October 2012, plaintiff Jeanne Haworth learned that her cousin, plaintiff Kathleen McGinty, had been removed from her home in Santa Monica, that a for sale sign was on the remodeled house and that the house was no longer in the name of the McGinty Family Trust. The previous owner of the house, Dolores McGinty, passed away in 2009, leaving her son, Timothy McGinty, as trustee of the family trust, which also included a special needs trust for her daughter, Kathleen McGinty, a functioning, yet autistic, dependent adult. Timothy McGinty struggled with substance abuse and depression, and quit his job as a special needs teacher to seek disability for depression with psychosis, while also taking care of his dependent sister. In August 2010, the city of Santa Monica red tagged the garage of the home shared by Timothy and Kathleen McGinty, which prompted Timothy McGinty to hire Triangle Construction to make plans and fix the garage for roughly $18,000. Timothy McGinty subsequently took out a $75,000 loan to refurbish the garage and house, which had previously been free and clear. Noam Bouzaglou, an employee of Triangle Construction, allegedly took the contract to contractor Ness Adam Construction, and a $200 down payment was paid by Timothy McGinty to rectify the problem with his home. Ness Adam, along with Bouzaglou, then obtained a $327,000 contract to refurbish/rebuild the entire property, including a guest home, and to sell it for a maximum profit for the homeowner trust. Timothy McGinty claimed Ness Adam and Bouzaglou obtained for him a $400,000 construction loan, which he could not afford, and then funneled the $294,000 net proceeds through the client trust account of attorney Andrew Stern. Timothy Mc- Ginty claimed Ness Adam and Bouzaglou then added four extra work orders/change orders, taking the total contract price for a single story cosmetic remodel to $857,000 and, with the help of Stern, got him to deed the property over to Ness Adam five days after he was discharged from a two-week psychiatric hold/5150. (Neither Bouzaglou nor Stern allegedly had any information about Timothy McGinty being in a hospital on psychiatric hold.) On Oct. 16, 2012, Timothy McGinty died unexpectedly of natural causes. Two days later, Bouzaglou entered into a sales contract to sell the property to independent purchasers for $1.53 million. At that time, the cousin of Timothy McGinty, Jeanne Haworth, allegedly found out that her cousin, Kathleen McGinty, had been removed from the home in Santa Monica and moved to Encino, that a for sale sign was on the remodeled house, and that the house was in the name of Bouzaglou, instead of the McGinty Family Trust. Jeanne Haworth, acting as the successor trustee to the McGinty Family Special Needs Trust, and Kathleen McGinty, individually, sued Bouzaglou, Stern, and Ness Adam Inc., which was doing business as Ness Adam Construction. Haworth and Kathleen McGinty brought causes of action for a cancellation of a deed, for a constructive trust, for a rescission of contract, and to obtain a Lis Pendens. Plaintiffs counsel argued that the defendants swindled Timothy McGinty out of the family home by conspiring and maliciously manipulating him into signing over the deed to pay for the garage repairs. Counsel See SUMMARIES page 7 $17,914, 238 Verdict for Stow v. Los Angeles Dodgers, LLC #2 Ranking Liability Verdict of 2014 Thomas Girardi Chris Aumais David lira Nicole DeVanon A Voice for the Injured Since From the first million-dollar medical malpractice verdict in California (1970) to a $1.9 billion settlement for California consumers to a $25,000 verdict for a homeless man bitten by a dog, every case Girardi Keese handles receives the care and resources that come from our collective experience. At Girardi Keese, our lawyers and staff are here for the long haul because we are doing work we believe in Wilshire Boulevard Los Angeles CA Phone: Fax: West Hospitality Ln, Suite 260 San Bernardino CA Phone: Fax:

4 4 JANUARY 26, 2015 DAILY AT Continued from page 4 6 $1,583, United States District Court, Eastern District, Sacramento 7 $1,377, Superior Court of Los Angeles 8 $1,300, Superior Court of Napa, Napa 9 $1,200, Superior Court of San Diego, San Diego 10 $1,168, Superior Court of Los Angeles 11 $1,035, Superior Court of Fresno, Fresno 12 $1,000, Superior Court of Orange, Orange Federal Los Angeles Abyane v. of Los Angeles Mayo v. The Community Development Commission of Los Angeles Patricio (Pat) Barrera, Manhattan Beach, CA of Barrera & Associates Tamara S. Freeze, Irvine, CA of Law Offices of Tamara Freeze; Robert A. Odell, Irvine, CA of Law Offices of Tamara Freeze Napa Kuwahara v. Asahi Gakuen Arash Homampour (lead), Sherman Oaks, CA of The Homampour Law Firm, APLC; Kelly A. Knight, Los Angeles, CA of Law Offices of Kelly A. Knight San Diego Azzolin v. San Bernardino Sheriff s Department Catherine J. Roland, Los Angeles, CA of Kesluk, Silverstein & Jacob; Douglas N. Silverstein, Los Angeles, CA of Kesluk, Silverstein & Jacob Los Angeles Jordan v. City of Long Beach Jeffrey A. Rager (lead), Torrance, CA of The Rager Law Firm; John A. Girardi, Los Angeles, CA of Girardi & Keese Fresno Orange Nou v. Children s Hospital Central California Samuelson v. California Department of Mental Health M. Greg Mullanax, Fresno, CA of Law Office of M. Greg Mullanax Kirk B. Freeman, San Francisco, CA of Law Offices of Kirk B. Freeman; Matthew A. Mallet, San Francisco, CA of Law Offices of Kirk B. Freeman FRAUD AWARD COURT VENUE CASE NAME ATTORNEYS 1 $11,200, Superior Court of Los Angeles Los Angeles 2 $4,335, United States District Court, Central District, Riverside Element Capital LLC v. Maximum Business Innovations Inc. Philip J. Layfield, El Segundo, CA of The Layfield Law Firm, APC; Christopher S. Walton, El Segundo, CA of The Layfield Law Firm, APC Federal Wilkinson v. Halo Resorts Kitty K. Szeto, Lancaster, CA of R. Rex Parris Law Firm; Kevin I. Shenkman, Malibu, CA of Shenkman & Hughes GOVERNMENT AWARD COURT VENUE CASE NAME ATTORNEYS 1 $7,810, Superior Court of Riverside, Riverside 2 $1,000, United States District Court, Central District, Los Angeles Riverside Howard v. of Riverside Dale K. Galipo, Woodland Hills, CA of Law Offices of Dale K. Galipo; Vicki I. Sarmiento, Alhambra, CA of Law Offices of Vickie I. Sarmiento Federal Munoz v. of Riverside Dale K. Galipo (lead), Woodland Hills, CA of Law Offices of Dale K. Galipo; Armen M. Tashjian, Los Angeles, CA of Law Offices of Armen M. Tashjian INTELECTUAL PROPERTY AWARD COURT VENUE CASE NAME ATTORNEYS 1 $283,000, United States District Court, Central District, Los Angeles Federal Viasat, Inc. v. Space Systems/ Loral, Inc Sean S. Pak, San Francisco, CA of Quinn Emanuel Urquhart & Sullivan, LLP 2 $131,216, United States District Court, Southern District, San Diego 3 $119,620, United States District Court, Northern District, San Jose 4 $105,000, United States District Court, Northern District, San Francisco 5 $30,000, United States District Court, Northern District, San Francisco 6 $1,700, United States District Court, Central District, Los Angeles 7 $1,203, Superior Court of San Bernardino, San Bernardino Federal Alfred E. Mann Foundation for Scientific Research v. Cochlear Corp. Federal Apple Inc. v. Samsung Electronics Co., Ltd. Federal Power Integrations, Inc. v. Fairchild Semiconductor International, Inc. Federal Federal San Bernardino Neurovision Medical Products Inc. v. NuVasive Inc. France Telecom S.A. v. Marvell Semiconductor Inc. Tu Thien The Inc. v. Tu Thien Telecom Inc. Daniel Grunfeld (co-lead), Los Angeles, CA of Morgan, Lewis & Bockius LLP; Daniel Johnson, Jr. (co-lead), San Francisco, CA of Morgan, Lewis & Bockius LLP; Michael J. Lyons, Palo Alto, CA of Morgan, Lewis & Bockius LLP Andrew J. Danford, Boston, MA of Wilmer Cutler Pickering Hale and Dorr LLP Frank E. Scherkenbach (lead), Boston, MA of Fish & Richardson P.C.; Michael Headley, Redwood City, CA of Fish & Richardson P.C.; Howard G. Pollack, Redwood City, CA of Fish & Richardson P.C. Peter W. Ross (lead), Los Angeles, CA of Browne George Ross LLP; Keith J. Wesley, Los Angeles, CA of Browne George Ross LLP; K. Andrew Kent, Westlake Village, CA of Rincon Venture Law Group Jeffrey M. Fisher, San Francisco, CA of Farella Braun + Martel LLP; Joseph J. LoBue, Washington, DC of Fried, Frank, Harris, Shriver & Jacobson LLP; James W. Dabney, New York, NY of Hughes Hubbard & Reed LLP Dominique N. Thieu, Fountain Valley, CA of Thieu Virtual Law Group Intentional Torts AWARD COURT VENUE CASE NAME ATTORNEYS 1 $2,780, Superior Court of San Diego, San Diego 2 $1,500, Superior Court of Contra Costa, Contra Costa San Diego Doe v. San Diego Randall C. Rechs, Del Mar, CA of Law Offices of Randall C. Rechs Contra Costa Roozrokh v. Faculty Medical Group of Loma Linda University School of Medicine Vida M. Holguin, Hermosa Beach, CA of Law Office of Vida M. Holguin; V. James DeSimone, Venice, CA of Schonbrun DeSimone Seplow Harris & Hoffman, LLP; Lawrance A. Bohm, Sacramento, CA of trial consultant, Bohm Law Group See RANKINGS CHART page 6

5 DAILY AT JANUARY 26, UNPRECEDENTED RESULTS. UNPARALLED SUCCESS. 5 TOP RANKING 2014 VERDICTS More Than Any Other Law Firm in California Brian Panish Kevin Boyle Rahul Ravipudi Deborah Chang Spencer Lucas David Rudorfer Patrick Gunning Robert Glassman RANK CASE TYPE AWARD CASE ATTORNEYS 1 Premises Liability $19,786,818 Diao v. Southern California Gas Co. Kevin Boyle, Rahul Ravipudi, Robert Glassman 1 Wrongful Death $10,450,000 Villamariona v. CBS Brian Panish, David Rudorfer, Deborah Chang 2 Wrongful Death $7,500,000 Rennie v. FedEx Brian Panish, Deborah Chang 6 Motor Vehicle $15,313,703 Francisco v. Alameda-Contra Costa Transit District Brian Panish, Spencer Lucas, Patrick Gunning 16 Motor Vehicle $3,102,464 Gamage v. Roitblat Rahul Ravipudi, David Rudorfer Santa Monica Blvd., Suite 700, Los Angeles CA

6 6 JANUARY 26, 2015 DAILY AT Continued from page 4 MEDICAL MALPRACTICE AWARD COURT VENUE CASE NAME ATTORNEYS 1 $12,100, Superior Court of Contra Costa, Contra Costa 2 $7,978, Superior Court of San Luis Obispo, San Luis Obispo 3 $4,010, Superior Court of Los Angeles 4 $3,169, Superior Court of Kern, Bakersfield Contra Costa San Luis Obispo Los Angeles Cuevas v. Contra Costa Health Services Markow v. Rosner Taylor v. Sierra Vista Regional Medical Center Eustace de Saint Phalle, San Francisco, CA of Rains Lucia Stern; Michael E. Gatto, San Francisco, CA Rains Lucia Stern Arnie E. Goldstein, Encino, CA of Goldstein, Gurbuz & Robertson; Joy Robertson, Encino, CA of Goldstein, Gurbuz & Robertson; Howard A. Kapp, Los Angeles, CA of Law Offices of Howard A. Kapp Tyrone J. Maho, Santa Barbara, CA of Maho & Prentice; Steven R. Vartazarian, Los Angeles, CA of The Vartazarian Law Firm, APC Kern Schultz v. Martinez Patricia A. Law, Riverside, CA of Law Offices of Patricia A. Law MOTOR VEHICLE AWARD COURT VENUE CASE NAME ATTORNEYS 1 $57,947, Superior Court of Orange, Orange 2 $26,255, Superior Court of San Diego, San Diego 3 $23,531, Superior Court of San Diego, San Diego 4 $18,681, Superior Court of Los Angeles, Long Beach 5 $18,572, Superior Court of Los Angeles 6 $15,313, Superior Court of Los Angeles 7 $9,281, Superior Court of Orange, Santa Ana 8 $7,476, Superior Court of Monterey, Monterey 9 $7,400, Superior Court of Amador, Amador 10 $6,709, Superior Court of Alameda, Oakland 11 $5,741, Superior Court of San Bernardino, San Bernardino 12 $3,695, Superior Court of Kern, Kern 13 $3,540, Superior Court of Los Angeles, Pomona Orange Herman v. Cardiel Gregory G. Rizio (lead), Riverside, CA of Rizio & Nelson; Darren M. Pirozzi, Riverside, CA of Rizio & Nelson San Diego Hedayati v. Vanwyk Torsten M. Bassell (lead), Los Angeles, CA of Lari-Joni & Bassell, LLP; Nicole Lari-Joni, Los Angeles, CA of Lari-Joni & Bassell, LLP; Reza Torkzadeh, Los Angeles, CA of The Torkzadeh Law Firm; Korosh Torkzadeh, Los Angeles, CA of The Torkzadeh Law Firm San Diego Aguilar v. California Dennis A. Schoville (lead), San Diego, CA of Dennis A. Schoville, A.P.C.; Nelse T. Miller, Poway, CA of Lorber, Greenfield & Polito, LLP; Richard L. Bisetti, Los Angeles, CA of Maga±a, Cathcart & McCarthy; Juan J. Ordaz, Jr., San Diego, CA of Ordaz Law, APC; Vincent J. Bartolotta, Jr., San Diego, CA of Thorsnes Bartolotta McGuire; Brett J. Schreiber, San Diego, CA of Thorsnes Bartolotta McGuire Los Angeles Jones v. Williams B. Robert Allard (co-lead), San Jose, CA of Corsiglia McMahon & Allard LLP; Randall H. Scarlett (co-lead), San Francisco, CA of Scarlett Law Group; Lauren Cerri, San Jose, CA of Corsiglia McMahon & Allard LLP; Brendan Way, San Francisco, CA of Scarlett Law Group Los Angeles Haynes v. Pak Michael J. Piuze, Los Angeles, CA of Law Offices of Michael J. Piuze; Geraldine Weiss, Los Angeles, CA of Law Offices of Michael J. Piuze Los Angeles Francisco v. Alameda-Contra Costa Transit District Brian J. Panish (lead), Los Angeles, CA of Panish Shea & Boyle LLP; Ivan W. Golde, Oakland, CA of Law Offices of Ivan W. Golde; Patrick K. Gunning, Los Angeles, CA of Panish Shea & Boyle LLP; Spencer R. Lucas, Los Angeles, CA of Panish Shea & Boyle LLP Orange O Donnell v. Conway Inc. Michael M. Shea, Jr. (lead), San Jose, CA of Shea & Shea; Mark B. O Connor, San Jose, CA of Shea & Shea Monterey Dunlap v. Esurance Alan M. Laskin, Sacramento, CA of Law Offices of Alan M. Laskin; John T. Stralen, Sacramento, CA of Law Offices of John T. Stralen Amador Hernandez v. Parra Richard E. Donahoo, Tustin, CA of Donahoo & Associates Alameda Rittger v. Cliffs Resort, LLC Michael Alder (co-lead), Los Angeles, CA of AlderLaw, P.C.; Ryan D. Harris (co-lead), San Luis Obispo, CA of Harris Personal Injury Lawyers, Inc.; Laura F. Sedrish, Los Angeles, CA of AlderLaw, P.C.; Philip C. Alexander, Oceanside, CA of Harris Personal Injury Lawyers, Inc. San Bernardino Campbell v. NFI Interactive Logistics LLC Maro Burunsuzyan, Glendale, CA of Law Offices of Maro Burunsuzyan; Bruce L. Schechter, Los Angeles, CA of Los Angeles, CA, trial counsel to Law Offices of Maro Burunsuzyan, Glendale, CA Kern Frisk v. Cowan Jason J. Sigel (lead), Sacramento, CA of Dreyer, Babich, Buccola Wood & Campora, LLP; Hank G. Greenblatt, Sacramento, CA of Dreyer, Babich, Buccola Wood & Campora, LLP Los Angeles Gutierrez v. Grain Millers Inc. Daniel K. Balaban (co-lead), Los Angeles, CA of Balaban & Spielberger, LLP; Browne Greene (co-lead), Santa Monica, CA of Greene Broillet & Wheeler, LLP; Andrew J. Spielberger, Los Angeles, CA of Balaban & Spielberger, LLP; Ivan Puchalt, Santa Monica, CA of Greene Broillet & Wheeler, LLP See RANKINGS CHART page 8

7 DAILY AT JANUARY 26, Continued from page 3 contended that when Timothy McGinty returned home following his two-week psychiatric hold, he was coerced into a quitclaim of the property over to Bouzaglou and that Stern drew up a contract that contained fraudulent promises that Bouzaglou would pay Timothy McGinty a portion of any profits from the property sale. Plaintiffs counsel also argued that the defendants completed the cosmetic remodel of the home for less than the $109,000 max amount, but that the defendants chose not to produce any evidence of their cost or expenditures. On Nov. 6, 2012, when the home was in escrow for sale, the plaintiffs attorney of record was able to record a Lis Pendens, which put the sale of the house on hold. Defense counsel contended that the $400,000 loan taken out by Timothy McGinty was secured and signed by him, not Bouzaglou, and that Timothy McGinty paid off the existing $75,000 loan, as well as paid $270,000 to Ness Adams. Counsel also contended that although $294,000 was placed in Stern s trust account, the $270,000 that went to Ness Adams was used to pay Timothy McGinty s expenses, including payments on the $400,000 loan, rental payments for Timothy and Kathleen McGinty, and cash advances to Timothy McGinty. Thus, defense counsel argued that part of the deal in Timothy McGinty turning over the property to Bouzaglou was that Bouzaglou would make payments to support the $400,000 loan, would pay for Timothy McGinty s rent, and would provide Timothy McGinty with cash as needed. Counsel further argued that the agreement provided that Timothy McGinty was to receive a minimum of $500,000 from the sale of the property, less any monies advanced by Bouzaglou pursuant to the agreement. In addition, defense counsel argued that the contract and deed were good because there was no evidence of fraud and that since Timothy McGinty is deceased, everything he allegedly told his family, friends and neighbors was inadmissible hearsay. Defense counsel filed a motion to dissolve the Lis Pendens, which was denied, as well as demurrers and motions for summary judgment on liability, which were also denied. Injury: Kathleen McGinty claimed she lost sleep, and had headaches, stomach distress, anger and sadness stemming from the ordeal. She also claimed a loss of use of the Santa Monica property, with a rental value totaling $38,000. Thus, Haworth and Kathleen McGinty sought recovery for the loss of use and value of the Santa Monica property. They also sought recovery of general damages. In addition, Haworth and Kathleen McGinty sought recovery of punitive damages against Bouzaglou, Stern, and Ness Adam, alleging the defendants actions were fraudulent, reckless, malicious and oppressive. Defense counsel contended that Bouzaglou, Stern, and Ness Adam would pay some unspecified, derived amount from the sale proceeds based on the contract. (However, Bouzaglou has since filed a Chapter 13 bankruptcy proceeding.) Result: The jury found that the defendants actions did not constitute elder abuse. It also found, by special verdict, that Stern was the attorney for Timothy McGinty; had provided legal services to Timothy McGinty; had performed those services negligently; had caused the McGinty Family Trust harm; and was fraudulent, reckless, malicious and oppressive with conscious disregard for the plaintiffs health and safety. However, the jury found Stern was not a fiduciary and caused zero damages. As such, Judge Stephen Czuleger did not award any damages against Stern. In regard to Bouzaglou and Ness Adam, the jury found that they were negligent and that their actions constituted fraudulent, reckless, malicious and oppressive conduct, making Bouzaglou and Ness Adam liable for the plaintiffs loss of use and value of the Santa Monica home, and for the plaintiffs punitive damages. The jury ultimately determined that the plaintiffs damages totaled $23,494, Jeanne Haworth $17,000 Personal Injury: general damages $750,000 Personal Injury: loss of value (against Bouzaglou) $1,292,329 Personal Injury: loss of value (against Ness Adam Inc.) $38,280 Personal Injury: loss of use (against Bouzaglou) $38,280 Personal Injury: loss of use (against Ness Adam Inc.) $8,052,800 Personal Injury: punitive damages (against Bouzaglou) $13,306,088 Personal Injury: punitive damages (against Ness Adam Inc.) Trial Information: Judge: J. Stephen Czuleger Demand: If the defendants return the home, the plaintiffs will reimburse the defendants their expenditures Offer: $500,000 of sale proceeds Trial Length: 9 days Trial Deliberations: 1.5 days Post Trial: Motions for judgment notwithstanding the verdict by both plaintiffs and defense counsel were denied. Editor s Comment: This report is based on information that was provided by plaintiffs and defense counsel. See SUMMARIES page 9 $3,000,000 Verdict for Sisson v. of San Diego #4 Ranking Wrongful Death Verdict of 2014 Morris Law Firm, APC was founded with one overarching goal in mind: to provide the highest degree of professional legal services to its clients. The attorneys at Morris Law Firm, APC recognize that the decision to engage an attorney and initiate litigation is not a decision that is made lightly. We will make it our goal to guide you through this process while effectively and aggressively protecting your interests. 401 West A Street, Suite 1820, San Diego, California Phone Fax

8 8 JANUARY 26, 2015 DAILY AT Continued from page 6 14 $3,292, Superior Court of Orange, Santa Ana 15 $3,200, Superior Court of San Luis Obispo, San Luis Obispo 16 $3,200, Superior Court of Merced, Merced 17 $3,102, Superior Court of San Francisco, San Francisco 18 $2,425, Superior Court of Los Angeles, Van Nuys 19 $2,121, Superior Court of Los Angeles 20 $1,871, Superior Court of San Francisco, San Francisco 21 $1,803, Superior Court of Los Angeles, Chatsworth 22 $1,666, Superior Court of Los Angeles, Pasadena 23 $1,539, Superior Court of Orange, Santa Ana 24 $1,358, Superior Court of San Diego, San Diego 25 $1,303, Superior Court of Kern, Kern 26 $1,257, Superior Court of San Diego, San Diego 27 $1,133, Superior Court of Sacramento, Sacramento 28 $1,120, Superior Court of Los Angeles, Long Beach 29 $1,100, Superior Court of Riverside, Riverside 30 $1,020, Superior Court of Solano, Solano 31 $1,010, Superior Court of Los Angeles, Van Nuys Orange Rojas v. HFS Enterprises Inc. Ricardo Echeverria, Claremont, CA of Shernoff Bidart Echeverria Bentley LLP; Clare H. Lucich, Claremont, CA of Shernoff Bidart Echeverria Bentley LLP; Scott D. Howry, Bakersfield, CA of Young Wooldridge San Luis Obispo Bhadauria v. Luxor Cab Co. Quinton B. Cutlip, San Francisco, CA of Dolan Law Firm; Christopher B. Dolan, San Francisco, CA of Dolan Law Firm; Drew M. Sanchez, San Francisco, CA of Dolan Law Firm Merced Gonzales v. City of Atwater Roger A. Dreyer, Sacramento, CA of Dreyer Babich Buccola Wood Campora, LLP San Francisco Gamage v. Roitblat Rahul Ravipudi, Los Angeles, CA of Panish Shea & Boyle LLP; David Rudorfer, Los Angeles, CA of Panish Shea & Boyle LLP Los Angeles Boss v. Khalil Cleidin Z. Atanous, Brea, CA of Law Offices of Cleidin Z. Atanous Los Angeles Garcia v. Estate of Gabrielyan Josef Avesar, Encino, CA of Attorney at Law San Francisco Sabah v. URS Pete Clancy, Oakland, CA of Clancy & Diaz, LLP; Sanford M. Cipinko, San Francisco, CA of Law Offices of Sanford M. Cipinko Los Angeles Snegg v. De La Rosa Robert T. Simon (lead), Los Angeles, CA of The Simon Law Group, LLP; Brandon J. Simon, Los Angeles, CA of The Simon Law Group, LLP Los Angeles Janis v. Wade Ben Coughlan, San Diego, CA of Gomez Trial Attorneys; John H. Gomez, San Diego, CA of Gomez Trial Attorneys Orange Garabedian v. Silverman Robert A. Sheinbein, Beverly Hills, CA of Law Offices of Robert A. Sheinbein San Diego Berry v. Owens Craig A. Edmonston, Bakersfield, CA of Law Offices of Craig A. Edmonston; Timothy J. Lemucchi, Bakersfield, CA of Law Offices of Timothy J. Lemucchi Kern Heath v. Romero Robert Hamparyan, San Diego, CA of Law Offices of Robert Hamparyan; Andres Vargas, San Diego, CA of Phillips & Pelly San Diego Galapir v. City of Carson Steven D. Archer, Beverly Hills, CA of Kiesel Law LLP; Paul R. Kiesel, Beverly Hills, CA of Kiesel Law LLP Sacramento Harris v. Raftogianis Mike F. O Brien, Claremont, CA of Law Offices of Mike F. O Brien Los Angeles Cornejo v. Williams Charles E. Koro, Studio City, CA of Brown, Koro & Romag, LLP Riverside Dent v. Marin Cleaners Steven J. Brady, San Rafael, CA of Brady Law Group Solano Waikle v. Dang Gary A. Dordick (lead), Beverly Hills, CA of Law Offices of Gary A. Dordick; Jeffrey S. Dawson, Irvine, CA of Law Office of Jeffrey S. Dawson Los Angeles Hurd v. Skanska USA Civil Inc. Edward J. Babbitt, San Diego, CA of Law Offices of Edward J. Babbitt; Patrick J. Barry, San Diego, CA of Law Offices of Patrick J. Barry PREMISES LIABILITY AWARD COURT VENUE CASE NAME ATTORNEYS 1 $19,786, Superior Court of Kern, Kern Kern Diao v. Southern California Gas Co. Kevin R. Boyle (co-lead), Los Angeles, CA of Panish Shea & Boyle LLP; Rahul Ravipudi (co-lead), Los Angeles, CA of Panish Shea & Boyle LLP; Robert Glassman, Los Angeles, CA of Panish Shea & Boyle LLP 2 $17,914, Superior Court of Los Angeles 3 $14,271, Superior Court of Los Angeles 4 $5,420, Superior Court of Los Angeles, Santa Monica 5 $4,383, Superior Court of San Francisco, San Francisco 6 $3,827, Superior Court of San Bernardino, San Bernardino Los Angeles Los Angeles Los Angeles San Francisco San Bernardino Stow v. Los Angeles Dodgers, LLC Escalera v. Live Oak Cogen, LLC Janice H. v. 696 North Robertson Marquez v. PG&E Didone v. Jack in the Box Inc. Thomas V. Girardi (lead), Los Angeles, CA of Girardi Keese; Christopher T. Aumais, Los Angeles, CA of Girardi Keese; David R. Lira, Los Angeles, CA of Girardi Keese Timothy M. Osborn, Bakersfield, CA of Law Office of Timothy M. Osborn, P.C.; John C. Hall, Bakersfield, CA of Law Offices of John C. Hall John C. Taylor (lead), Los Angeles, CA of Taylor & Ring LLP; James W. Lewis, Los Angeles, CA of Taylor & Ring LLP Steger P. Johnson, San Francisco, CA of Jones, Clifford, Johnson, Dehner, Wong, Morrison, Sheppard & Bell, LLP; J. Kevin Morrison, San Francisco, CA of Jones, Clifford, Johnson, Dehner, Wong, Morrison, Sheppard & Bell, LLP; Geraldine Armendariz, San Francisco, CA of Law Office of Geraldine Armendariz Conal Doyle (lead), Beverly Hills, CA of Doyle Law; Jeffrey D. Wolf, Los Angeles, CA of Heimanson & Wolf, LLP See RANKINGS CHART page 10

9 DAILY AT JANUARY 26, Continued from page 9 Robert Glassman Peter Formuzis; Ph.D.; Economics; Santa Ana, CA called by Kevin R. Boyle, Rahul Ravipudi, Robert Glassman Ricky Sarkisian; Ph.D.; Vocational Rehabilitation; Fresno, CA called by Kevin R. Boyle, Rahul Ravipudi, Robert Glassman Johnny Wen; Ph.D.; Neuropsychology; Torrance, CA called by Kevin R. Boyle, Rahul Ravipudi, Robert Glassman Michel Brones; M.D.; Plastic Surgery/Reconstructive Surgery; Los Angeles, CA called by Kevin R. Boyle, Rahul Ravipudi, Robert Glassman Wei-Chin Hwang; Ph.D.; Clinical Psychology; Claremont, CA called by Kevin R. Boyle, Rahul Ravipudi, Robert Glassman Landlord and Tenant - Premises Liability Pengxuan Diao v. Southern California Gas Co. et al. Service of gas system led to explosion in home: plaintiff Amount: $19,786,818 Type: Verdict-Plaintiff Defendant(s): Richard Liu, Yongsheng Li, Joanna Cheung, Sempra Energy, Southern California Gas Company Venue: Los Angeles Court: Superior Court of Los Angeles Injury Type(s): brain-traumatic brain injury, burns-third degree, burns-second degree, other-carbon monoxide poisoning, other-scar and/or disfigurement, surgeries/treatmentskin graft, surgeries/treatment-debridement, mental/psychological-cognition(memory, impairment); impairment(memory, impairment), mental/psychological-chronic depressive disorder, mental/psychological-post-traumatic stress disorder, pulmonary/respiratory-anoxia Case Type: Landlord and Tenant - Premises Liability - FireProfessional Negligence Premises Liability - Dangerous Condition, Negligent Repair and/or Maintenance Case Name: Pengxuan Diao v. Southern California Gas Company, Sempra Energy, Joanna Cheung, Richard Liu, Yongsheng Li, and Does 1 Through 100, No. BC Date: June 25, 2014 Parties Plaintiff(s): Pengxuan Diao (Male, 23 Years) Plaintiff Attorney(s): Kevin R. Boyle; Panish Shea & Boyle LLP; Los Angeles, CA, for Pengxuan Diao Rahul Ravipudi; Panish Shea & Boyle LLP; Los Angeles, CA, for Pengxuan Diao Robert Glassman; Panish Shea & Boyle LLP; Los Angeles, CA, for Pengxuan Diao Plaintiff Expert(s): H. Fisk; M.D.; Neurology; Los Angeles, CA called by Kevin R. Boyle, Rahul Ravipudi, Robert Glassman Jan Roughan; R.N., B.S.N.; Life Care Planning; Monrovia, CA called by Kevin R. Boyle, Rahul Ravipudi, Robert Glassman Monte Buchsbaum; M.D.; Radiology; San Diego, CA called by Kevin R. Boyle, Rahul Ravipudi, Defense Attorney(s): John H. Horwitz; Schaffer, Lax, McNaughton & Chen; Los Angeles, CA, for Richard Liu, Joanna Cheung Paul J. Loh; Willenken Wilson Loh & Delgado LLP; Los Angeles, CA, for Southern California Gas Company Kara A. Pape; Schaffer, Lax, McNaughton & Chen; Los Angeles, CA, for Richard Liu, Joanna Cheung Jason H. Wilson; Willenken Wilson Loh & Delgado LLP; Los Angeles, CA, for Southern California Gas Company None reported; ; for Yongsheng Li, Sempra Energy Defendant Expert(s): F. Rudnick; Psychiatry; Santa Monica, CA called by John H. Horwitz, Kara A. Pape Alan Waxman; Radiology; West Hollywood, CA called by John H. Horwitz, Paul J. Loh, Kara A. Pape, Jason H. Wilson Erik Christiansen; Cause & Origin; Los Angeles, CA called by Paul J. Loh, Jason H. Wilson Mark Kalish; Psychiatry; San Diego, CA called by Paul J. Loh, Jason H. Wilson Paul Kanner; Natural Gas; Glendale, CA called by John H. Horwitz, Kara A. Pape Barry Cramer; Cause & Origin; Upland, CA called by John H. Horwitz, Kara A. Pape Barry Ludwig; Neurology; Los Angeles, CA called by Paul J. Loh, Jason H. Wilson Doreen Casuto; Life Care Planning; San Diego, CA called by Paul J. Loh, Jason H. Wilson Jennie McNulty; Economics; Los Angeles, CA called by Paul J. Loh, Jason H. Wilson Joanne Latham; Vocational Rehabilitation; Simi Valley, CA called by Paul J. Loh, Jason H. Wilson Thomas Parco; Building Codes; Santa Ana, CA called by John H. Horwitz, Kara A. Pape Michael Gold; Neurology; Santa Monica, CA called by John H. Horwitz, Kara A. Pape Alexander Majidian; Plastic Surgery/Reconstructive Surgery; West Hills, CA called by Paul J. Loh, Jason H. Wilson Insurer(s): Safeco Insurance Co. of America for Joanna Cheung and Richard Liu self-insured (primary carrier - $4 million policy limit) Southern California Gas Company Aegis Insurance Services, Inc. (excess) for Southern California Gas Company See SUMMARIES page Flat Rock Drive #300 Riverside, CA Greg Rizio would like to thank all of you for your kind words congratulating him on the verdict he obtained in Herman vs Cardiel ($57,947,402) The #1 PI verdict in the State of California and 10th largest verdict nationally. Rizio & Nelson is nationally recognized as a top 1% firm in the handling of Traumatic Brain Injury cases. *Referral fees are paid on personal injury and employment cases

10 10 JANUARY 26, 2015 DAILY AT Continued from page 8 7 $3,708, Superior Court of San Joaquin, Stockton 8 $3,508, Superior Court of Orange, Orange 9 $1,508, Superior Court of Alameda, Alameda San Joaquin Orange Johnson v. Willow Oaks Park, LLC Estrada v. BNSF Railway Company Arash Homampour (lead), Sherman Oaks, CA of The Homampour Law Firm, APLC; Demetrios Papanikolas, Los Angeles, CA of Hanasab & Zolekhian, LLP; Raymond J. Zolekhian, Los Angeles, CA of Hanasab & Zolekhian, LLP Anthony S. Petru, Oakland, CA of Hildebrand McLeod & Nelson Alameda Altamar v. Flores Robert T. Simon (lead), Los Angeles, CA of The Simon Law Group, LLP; Michael Ghozland, Los Angeles, CA of Ghozland Law Firm PRODUCTS LIABILITY AWARD COURT VENUE CASE NAME ATTORNEYS 1 $70,861, Superior Court of Los Angeles 2 $17,736, Superior Court of Monterey, Monterey 3 $12,569, Superior Court of San Bernardino, San Bernardino Los Angeles Whalen v. John Crane Inc. Jennifer L. Alesio (lead), Novato, CA of Brayton Purcell, LLP; Gilbert L. Purcell, Novato, CA of Brayton Purcell, LLP; Heather-Ann Young, Novato, CA of Brayton Purcell, LLP Monterey Major v. Lorillard Tobacco Co. Gilbert L. Purcell, Novato, CA of Brayton Purcell LLP; Jason M. Rose, Novato, CA of Brayton Purcell LLP San Bernardino Hill v. Toyota Motor Sales USA Inc. Robert E. Rosenthal (lead), Monterey, CA of Bohnen, Rosenthal & Kreeft; Andrew B. Kreeft, Salinas, CA of Bohnen, Rosenthal & Kreeft RAILROAD AWARD COURT VENUE CASE NAME ATTORNEYS 1 $1,249, Superior Court of Sonoma, Santa Rosa Sonoma Gray v. Union Pacific Railroad Co. Kristoffer S. Mayfield, Oakland, CA of Hildebrand, McLeod & Nelson, Inc.; Victor A. Russo, Glendale, CA of Hildebrand, McLeod & Nelson, Inc. REAL ESTATE TRANSACTIONS AWARD COURT VENUE CASE NAME ATTORNEYS 1 $18,700, Superior Court of Orange, Orange Orange Cardoza v. Reed Joseph A. Piasta II, Santa Rosa, CA of O Brien Watters & Davis, LLP SCHOOL AWARD COURT VENUE CASE NAME ATTORNEYS 1 $3,836, Superior Court of Kern, Kern Kern Zavala v. Newport-Mesa Unified School District Gregory L. Bentley (lead), Claremont, CA of Shernoff Bidart Echeverria Bentley LLP; Keith P. More, Santa Ana, CA of Berman More Gonzalez; Clare H. Lucich, Claremont, CA of Shernoff Bidart Echeverria Bentley LLP Ralph B. Wegis, Bakersfield, CA of Law Offices of Ralph B. Wegis 2 $1,494, Superior Court of Los Angeles, Central Los Angeles Doe v. Kern High School District SLIPS, TRIPS & FALLS: TRIP AND FALL AWARD COURT VENUE CASE NAME ATTORNEYS 1 $1,725, Superior Court of San Diego, San Diego San Diego Murillo v. Knights Inn Daniel J. Rafii, San Diego, CA of Rafii & Associates; Reza Mirroknian, Sherman Oaks, CA of The Mirroknian Law Firm, P.C. WORKER/WORKPLACE NEGLIGENCE AWARD COURT VENUE CASE NAME ATTORNEYS 1 $6,500, Superior Court of Los Angeles, San Fernando Los Angeles Doe v. Pacific Health Systems Stephen J. Estey, San Diego, CA of Estey & Bomberger, LLP; James Matthew Brown, San Diego, CA of Law Offices of James Matthew Brown WRONGFUL DEATH AWARD COURT VENUE CASE NAME ATTORNEYS 1 $10,450, Superior Court of Fresno, Fresno 2 $7,500, United States District Court, Southern District, San Diego 3 $3,500, United States District Court, Southern District, San Diego 4 $3,000, United States District Court, Southern District, San Diego Fresno Villamariona v. CBS Deborah S. Chang, Los Angeles, CA of Panish Shea & Boyle LLP; Brian J. Panish, Los Angeles, CA of Panish Shea & Boyle LLP; David A. Rudorfer, Los Angeles, CA of Panish Shea & Boyle LLP; Daniel J. Rafii, San Diego, CA of Rafii & Associates; Reza Mirroknian, Sherman Oaks, CA of The Mirroknian Law Firm, P.C. Federal Nancy Kashergen Rennie v. FedEx, et al. Brian J. Panish, Los Angeles, CA of Panish Shea & Boyle LLP; Deborah S. Chang, Los Angeles, CA of Panish Shea & Boyle LLP Federal Bankhead v. ArvinMeritor Inc. Hector G. Longoria, Houston, TX of Heard Robins Cloud LLP; Bill Robins, Houston, TX of Heard Robins Cloud LLP; Gary S. Mann, San Jose, CA of The Mann Law Firm San Diego Sisson v. of San Diego Christopher S. Morris, San Diego, CA of Morris Law Firm, APC WRONGFUL DEATH: SURVIVAL DAMAGES AWARD COURT VENUE CASE NAME ATTORNEYS 1 $11,000, th Judicial District Court Los Angeles Bankhead v. ArvinMeritor Inc. David M. McClain, Oakland, CA of Kazan, McClain, Satterley & Greenwood

11 DAILY AT JANUARY 26, Continued from page 9 Facts: On Jan. 19, 2011, plaintiff Pengxuan Diao, 23, a college student and restaurant employee, was asleep in his home, a converted garage connected to a rental property, in San Gabriel. Shortly before noon that day, an employee with Southern California Gas Co. arrived at the property to service the gas system. While there, the employee inadvertently opened a gas valve that activated a gas line running to the garage, which was neither connected to any appliance nor capped, thereby releasing natural gas into the garage. Approximately two hours later, Diao woke up and attempted to light a cigarette, causing a flash fire. Diao caught on fire and sustained second- and third-degree burns to approximately 20 percent of his body. He also claimed a brain injury. Diao sued Southern California Gas Co. and the parent company of SoCalGas, Sempra Energy, alleging vicarious liability for the companies employee s negligent actions. SoCalGas subsequently brought a third-party claim against Joanna Cheung and Richard Liu, the owners of the rental property, alleging that the owners were negligent. However, Diao then added Cheung and Liu as direct defendants. SoCalGas, Cheung and Liu all also filed a third-party claim against Yongsheng Li, the person who rented the main property from Cheung and Liu and sub-rented the garage to Diao. However, Li defaulted before trial. Sempra Energy was ultimately dismissed from the action. Plaintiff s counsel contended that the SoCalGas employee negligently opened the gas valve that activated the uncapped gas line running to the converted garage where Diao lived. Counsel also contended that the employee then left the property without making sure the premises was leak free, in violation of SoCalGas policy. Plaintiff s counsel further contended that the garage filled up with so much gas that even the flipping of a light switch would have caused the explosion. SoCalGas admitted partial fault for the accident, but argued that Cheung and Liu were negligent for failing to properly inspect and maintain the property, permitting an illegally converted structure to be inhabited, and for modifying and maintaining an illegal, uncapped gas line on the property. It also disputed Diao s claim regarding an explosion. SoCalGas argued that Yongsheng Li was negligent for failing to maintain the property in a safe and reasonable manner. Cheung and Liu claimed that the actions of SoCalGas and its employee were so egregious that even if they were negligent, the employee s actions were the superseding and intervening cause of the fire. As such, Cheung and Liu argued that any liability they held as property owners should be extinguished. weeks in a burn unit, during which time he underwent debridements and skin grafts to his left arm, which sustained the most severe third-degree burns. Diao then followed up with a doctor to have his burn dressings changed, but also treated with psychotherapy and cognitive behavioral therapy. Diao claimed he now has permanent scarring to his arms, legs and torso. He also claimed he was very outgoing and active prior to the accident, but is now more introverted and isolated due to his burns. He further claimed he now has bouts of post-traumatic stress disorder and chronic depressive disorder. Diao alleged he tried to obtain different occupations after the accident, but was unable to maintain any type of position. Thus, Diao sought recovery of $129,718 in stipulated past medical costs, $36,000 in past lost earnings, $4.2 million in future medical costs and life care planning, and $1.8 million in future lost earnings. He also sought recovery of $15 million in damages for his past pain and suffering, and $20 million in damages for his future pain and suffering. Counsel for SoCalGas disputed all of Diao s damages claims, except for past medical costs, which were stipulated to. Counsel argued that the flash fire did not cause any alleged traumatic brain injury. Counsel also did not dispute that the fire caused Diao to suffer from PTSD, depression, and residual burn scarring, but maintained that Diao had sufficiently recovered from his psychological and physical injuries and that Diao could return to his pre-accident state, engaging in outdoor and social activities as well as be able to obtain and hold gainful employment. Thus, counsel for SoCalGas argued that Diao should be awarded $129,718 in stipulated past medical costs, approximately $56,000 in past lost earnings, $6,000 in future lost earnings, $247,500 in future medical costs, and $1 million in damages for Diao s total pain and suffering. Result: The jury found that SoCalGas was 90 percent at fault and that Cheung and Liu were 10 percent at fault. It also found Diao s damages totaled $19,786,818. Pengxuan Diao $129,718 Personal Injury: Past Medical Cost $2,000,000 Personal Injury: Future Medical Cost $57,000 Personal Injury: Past Lost Earnings Capability $600,100 Personal Injury:F uturelostearningscapability $8,500,000 Personal Injury: Past Pain And Suffering $8,500,000 Personal Injury: Future Pain And Suffering Trial Information: Injury: Diao suffered second- and third-degree burns to roughly 20 percent of his body, including his face, neck, back, arms and legs. He claimed he also suffered anoxia from natural gas exposure and carbon monoxide poisoning, causing cognitive impairments that included short-term memory loss, executive functioning deficits and visual-spatial deficits. Diao was subsequently taken by ambulance to an emergency room, where he spent two Judge: Elizabeth R. Feffer Demand: $19 million to Southern California Gas Co. See SUMMARIES page 12 $12,569,853 Verdict for Hill v. Toyota Motor Sales USA Inc. #4 Ranking Products Liability Verdict of 2014 Robert E. Rosenthal Andrew B. Kreeft Since its founding over thirty years ago, Bohnen, Rosenthal & Kreeft has represented clients in a wide-array of matters, in both state and federal courts. The Firm continues to steadily grow, not only in terms of business, but most importantly, in its reputation as an aggressive, efficient and responsible member of the legal community. $23,494,776 Verdict for Haworth v. Bouzaglou #1 Ranking Elder Law Verdict of 2014 Since 1972, we have helped over 4,000 people save their homes and assets from loss due to the overwhelming expense of hospital and nursing home care. We plan their estates in such a way that their beneficiaries receive family assets economically. And we help those who have money or services due to them claim and receive what is truly and rightfully theirs. We represent clients in all aspects of Medi-Cal Planning, estate planning and elder law including, Medi-Cal qualification and avoidance of recovery, Asset protection, Special needs Planning Conservatorships, Litigation involving elder issues, Elder abuse issues, Probate and civil litigation, Wills & Trusts and Planning for children. I Qualify Millionaires for Medicare Bohnen, Rosenthal & Kreeft 787 Munras Ave. Ste. 200, Monterey, CA tel fax

12 12 JANUARY 26, 2015 DAILY AT Continued from page 11 Offer: $0 from Southern California Gas Co.; $300,000 from Joanna Cheung and Richard Liu Trial Length: 22 days Trial Deliberations: 2 days Jury Composition: 6 male/ 6 female Editor s Comment:This report is based on information that was provided by plaintiff s and defense counsel. Premises Liability Bryan Michael Stow et al. v. Los Angeles Dodgers et al. Stadium security failed to prevent assault, plaintiff alleged Amount: $17,914,238 Type: Verdict-Plaintiff Venue: Los Angeles Court: Superior Court of Los Angeles Injury Type(s): head-fracture; skull; head-blunt force trauma to the head; brain-brain damage; brain-subdural hematoma; brain-traumatic brain injury; brain-internal bleeding; other-ventriculostomy other-physical therapy; other-fine motor skills; impairment; epidermis-contusion; sensory/ speech-communicative impairment; arterial/vascular-hemorrhage; mental/psychologicalcognition(memory, impairment); impairment(memory, impairment); mental/psychologicalconcentration; impairment Case Type: Premises Liability - Parking Lot; Worker/Workplace Negligence - Negligent Security; Premises Liability - Inadequate or Negligent Security, Amusement Park/Place of Entertainment Case Name: Bryan Michael Stow, a disabled adult, by and through his conservators Elizabeth Ann Stow and David Edward Stow; Tyler Stow and Tabitha Stow, minors, by and through their Guardian Ad Litem, Jacqueline Kain; v. Los Angeles Dodgers, LLC, a Corporation; Los Angeles Dodgers, Inc., a Corporation; Dodger Tickets, LLC, a Corporation; Dodger Tickets Manager Corp., a Corporation; LA Holdco LLC, a Corporation; LA Partners LLC, LA Real Estate, LLC, a Corporation; LA Real Estate Holding Company, LLC, a Corporation; Blue Landco, LLC, a Corporation; McCourt LLC, a Corporation; The McCourt Company, LLC, a Corporation; The McCourt-Broderick Limited Partnership, a Corporation; Frank H. McCourt, Jr., a Corporation; Frank McCourt, individually and as owner of the Los Angeles Dodgers; and Does 1 through 100, inclusive, No. BC Date: July 9, 2014 Parties Plaintiff(s): Tyler Stow (Male), Tabitha Stow (Female), Bryan Michael Stow (Male, 42 Years) Plaintiff Attorney(s): David R. Lira; Girardi Keese; Los Angeles, CA, for Tyler Stow, Tabitha Stow, Bryan Michael Stow, Thomas V. Girardi; Girardi Keese; Los Angeles, CA, for Tyler Stow, Tabitha Stow, Bryan Michael Stow, Christopher T. Aumais; Girardi Keese; Los Angeles, CA, for Tyler Stow, Tabitha Stow, Bryan Michael Stow Plaintiff Expert(s): H. Fisk; M.D., Ph.D.; Neurology; Los Angeles, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, Gil Fried; ; Risk Management; West Haven, CT called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, Mary Jesko; Ed.D., M.S.; Life Care Planning; San Diego, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, Cuong Ly; M.D.; Nephrology; Laguna Hills, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, David Zander; M.D.; Internal Medicine; Laguna Hills, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, David Patterson; M.D.; Physical Medicine; Pomona, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, Lester Zackler; M.D.; Psychiatry; Sherman Oaks, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, Jeffrey Schaeffer; M.D.; Neuropsychology; Los Angeles, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais Kendall Wagner; M.D.; Orthopedic Surgery; Fullerton, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, Richard Barnes; C.P.A.; Economics; Sacramento, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais, William Caton, III; M.D.; Neurosurgery; Pasadena, CA called by David R. Lira, Thomas V. Girardi, Christopher T. Aumais Defendant(s): McCourt LLC, Frank McCourt, LA Holdco LLC, LA Partners LLC, Blue Landco, LLC, Dodger Tickets, LLC, LA Real Estate, LLC, Frank H. McCourt Jr., Los Angeles Dodgers, LLC, The McCourt Company, LLC, Los Angeles Dodgers, Inc., McCourt College Street, LLC, Dodger Tickets Manager Corp., LA Real Estate Holding Company, LLC, Los Angeles Dodgers Holding Company, LLC, The McCourt-Broderick Limited Partnership Defense Attorney(s): Dana Alden Fox; Lewis Brisbois Bisgaard & Smith LLP; Los Angeles, CA, for Frank McCourt, Los Angeles Dodgers, LLC, Barry Hassenberg; Lewis Brisbois Bisgaard & Smith LLP; Los Angeles, CA, for Frank McCourt, Los Angeles Dodgers, LLC, None reported; for McCourt LLC, LA Holdco LLC, LA Partners LLC, Blue Landco, LLC, Dodger Tickets, LLC, LA Real Estate, LLC, Frank H. McCourt Jr., The McCourt Company, LLC, Los Angeles Dodgers, Inc., McCourt College Street, LLC, Dodger Tickets Manager Corp., LA Real Estate Holding Company, LLC, Los Angeles Dodgers Holding Company, LLC, The McCourt- Broderick Limited Partnership, Daniel L. Martens; Dal Soglio & Martens LLP; Valencia, CA, for Frank McCourt, Los Angeles Dodgers, LLC Defendant Expert(s): Carol Hyland; Life Care Planning; Lafayette, CA called by Dana Alden Fox, Barry Hassenberg, Daniel L. Martens David Weiner; Economics; Pasadena, CA called by Dana Alden Fox, Barry Hassenberg, Daniel L. Martens Thomas Hedge, Jr.; Psychiatry; Northridge, CA called by Dana Alden Fox, Barry Hassenberg, Daniel L. Martens William Squires; Event Planning/Safety; Alexandria, VA called by Dana Alden Fox, Barry Hassenberg, Daniel L. Martens Insurer(s): ACE Insurance for Frank McCourt and Los Angeles Dodgers, LLC Facts: On March 31, 2011, plaintiff Bryan Stow, 42, a paramedic from Santa Cruz, traveled with three friends/fellow paramedics to Dodger Stadium for an Opening Day Game between the host, the Los Angeles Dodgers, and the San Francisco Giants. Stow, a Giants fan, was walking in stadium parking lot number two following the 2-1 Dodgers victory when he was punched in the head by Louie Sanchez. While Stow lay on the ground, he was kicked by Sanchez and his friend, Marvin Norwood. Stow subsequently sustained traumatic brain injuries. Bryan Stow, a disabled adult acting by and through his conservators, Elizabeth Stow and David Stow, sued Los Angeles Dodgers, LLC and Frank McCourt, the owner of the Dodgers at the time of the altercation in Stow also sued other entities associated with the Dodgers and McCourt, by they were ultimately dismissed prior to trial. Thus, the matter proceeded to trial against Los Angeles Dodgers, LLC and Frank McCourt only on the claims of negligence and premises liability. Los Angeles Dodgers, LLC subsequently filed a third-party complaint against Sanchez and Norwood, who had been arrested and criminally charged for the assault of Bryan Stow. Both men pleaded guilty and received prison sentences in February Los Angeles Dodgers, LLC alleged that Sanchez and Norwood were contributorily liable for the incident. It also sought indemnification from the third-party defendants. Bryan Stow claimed Norwood and Sanchez assaulted him and his friends simply for wearing Giants clothing. Plaintiff s counsel contended that two security personnel were assigned to lot number two for the post-game, but that they did not arrive in time to either prevent or intervene in the assault. Thus, counsel argued that the incident involving Norwood and Sanchez was due to negligent and inadequate security in both the loge seating area -- where Norwood and Sanchez were watching the game -- and in lot number two. Plaintiff s counsel contended that it first became apparent that Norwood and Sanchez were being unruly during the second inning of the game, when they were yelling obscenities and throwing food at a couple wearing Giants clothing. However, counsel contended that despite the inappropriate behavior, neither Norwood nor Sanchez was ejected from the stadium, nor were they approached by security personnel. Plaintiff s counsel contended that this allowed the men to continue drinking and initiate other altercations before the altercation with Stow in lot number two after the game. Counsel for McCourt and Los Angeles Dodgers, LLC argued that it is impossible to prevent every incident that occurs at a sports stadium with a capacity of 56,000 people. Counsel contended that there was an unprecedented level of security for the Opening Day game, including more than 100 uniformed, on-duty Los Angeles Police Department officers that were deployed in the parking lots following the game. Counsel also contended that there was no knowledge of any improper behavior by Sanchez or Norwood during the game, and that no one reported or complained of any such behavior to the stadium or organization. Thus, Counsel for McCourt and Los Angeles Dodgers, LLC argued that Norwood and Sanchez were at fault for the tragic and unfortunate incident, and that Stow was comparatively at fault since he had a blood alcohol level of between 0.16 and 0.20 at the time of the incident. In addition, counsel presented evidence of Stow instigating the altercation with Sanchez and Norwood by making a loud derogatory comment, followed by yelling and taunting. Stow countered that while he and his friends were drinking at the game, they did so responsibly. He also claimed he did not provoke Norwood and Sanchez, although he conceded that he exhibited inappropriate behavior during the game. Injury: Bryan Stow sustained blunt force trauma to his head, consisting of a fractured skull, a brain contusion, a subdural hematoma, and a bilateral frontal, temporal hemorrhage. As a result, he suffered a traumatic brain injury. Stow was subsequently taken by ambulance to an emergency room. The next day, on April 1, 2011, he underwent a partial craniectomy. He then underwent follow-up surgeries to remove an epidural mass and replace the cranioplasty implant. Stow has been receiving ongoing physical and mental therapy, as he is now permanently disabled and receiving social security. He claimed he suffers significant cognitive deficits involving his fine motor skills, communication skills, retention, concentration, and memory. He also claimed his mobility has been affected, causing him to use a wheelchair at times. Stow s family and peers described him as a respected paramedic in the Santa Cruz community. However, Stow claimed that he will never being able to work again. He also claimed he can no longer do everything he used to enjoy doing and will need for home health care. Thus, Stow sought recovery of $4.6 million in past medical costs, between $14 million to $32 million in future medical costs/life care plan for his continued treatment and need for home health care, and between $2.05 million to $2.6 million in total lost earnings. He also sought recovery of damages for his past and future pain and suffering. Stow s ex-wife, Jacqueline Kain, acting as theguardian ad litem for their children, Tabitha Stow and Tyler Stow, initially brought a derivative claim for her children s loss of consor- See SUMMARIES page 14

13 DAILY AT JANUARY 26, 2015 Good work speaks for itself. 13 TOP VERDICTS Zulfer v. Playboy Enterprises, Inc. California Lawyer of the Year (CLAY Award) (2014) Trial Lawyer of the Year Consumer Attorneys Association of Los Angeles (CAALA) (2014) Verdict: $6 million compensatory damages plus Civil Code 3294 findings. Largest Sarbanes-Oxley Retaliation Jury Verdict ever. Lawyer of the Year - Employment Law - Individuals Best Lawyers in America - Los Angeles (2014) Best Lawyers in America ( ) Best Law Firms in America (2013, 2014, 2015) Top 10 Plaintiff Employment Lawyer in California (2009, 2010) Top Labor & Employment Lawyer (2011, 2012, 2013, 2014) Los Angeles Daily Journal Street Fighter of the Year - Finalist (2014) Top 100 Southern California SuperLawyer (2011, 2012, 2013, 2014, 2015) California Employment Lawyers Association s Joe Posner Award (2011) Top 100 California Trial Lawyer ( present) The National Trial Lawyers Association Top 40 Trial Lawyer Under 40 ( ) The National Trial Lawyers Association LOS ANGELES SAN DIEGO AV Preeminent 5.0 out of 5.0 Peer Review Rating (Martindale-Hubbell) SACRAMENTO EMPLOYMENT LITIGATION & TRIALS CATASTROPHIC PERSONAL INJURY CONTINGENCY BUSINESS LITIGATION P: F:

14 14 JANUARY 26, 2015 DAILY AT Continued from page 12 tium. However, since California does not allow minors to recover for loss of consortium, the claim was dismissed early on in the case. Counsel for McCourt and Los Angeles Dodgers, LLC argued that Bryan Stow s future medical costs/life care plan was only $4.5 million. Result: The jury found that McCourt and Los Angeles Dodgers, LLC were 25 percent at fault for the incident and that Norwood and Sanchez were each 37.5 percent at fault. It also found that Bryan Stow s damages totaled $17,914,238, including $12,564,238 in total economic damages and $5,350,000 in total non-economic damages. Based on the liability of McCourt and Los Angeles Dodgers, LLC, the award for Stow s total non-economic damages was reduced to $1,337,500. However, McCourt and Los Angeles Dodgers, LLC, and Norwood and Sanchez were joint-and-severally liable for Stow s economic damages, so McCourt and Los Angeles Dodgers, LLC were liable for the full economic damages award. Thus, Stow s total recovery would be $13,901,738. Wrongful Death - Survival Damages Bankhead, et al., v. ArvinMeritor, Inc., et al. Family claimed losses due to man s asbestos-related death Amount: $11,000,000 Type: Verdict-Plaintiff Venue: Alameda Bryan Michael Stow $4,650,871 Personal Injury: Past Medical Cost $5,500,000 Personal Injury: Future Medical Cost $355,999 Personal Injury: Past Lost Earnings Capability $2,057,368 Personal Injury: FutureLostEarningsCapability $1,750,000 Personal Injury: Past Pain And Suffering $3,600,000 Personal Injury: Future Pain And Suffering Actual Award: $13,901,738 Trial Information: Judge: Victor E. Chavez Demand: $75 million Offer: None reported Trial Length: 6 weeks Trial Deliberations: 9 days Jury Composition: 6 male/ 6 female Editor s Comment: This report is based on information that was provided by plaintiff s and defense counsel. Court: Superior Court of Alameda, Oakland Injury Type(s): other-death, other-loss of society, other-loss of consortium, cancermesothelioma Case Type: Wrongful Death - Survival Damages Case Name: Emily Bankhead, Tammy Bankhead, and Debbie Bankhead-Meiers v. ArvinMeritor, Inc., individually and as successor in interest, parent, alter ego and equitable trustee of Rockwell International, Inc.; Bondex Internationwal, Inc.; California Brake & Clutch Parts, Inc.; California Equipment Company, individually and as successor in interest, parent, alter ego, equitable trustee and joint venturer of Milligan-Spika Company and J&R Supply, Inc.; Garlock Sealing Technologies, LLC; The Goodyear Tire & Rubber Company; J&R Supply, Inc., individually and as successor in interest, parent, alter ego, equitable trustee and joint venturer of California Equipment Company and Milligan-Spika Company; Milligan-Spika Company, individually and as successor in interest, parent, alter ego, equitable trustee and joint venturer of California Equipment Company and J&R Supply, Inc.; Pneumo Abex LLC as successor in interest to Abex Corporation; First Doe through Two Hundred Seventy-Fifth Doe, Inclusive, No. RG Date: January 15, 2014 Parties Plaintiff(s): Emily Bankhead (Female), Tammy Bankhead (Female), Debbie Bankhead- Meiers (Female), Estate of Gordon Bankhead (Male, 66 Years) Plaintiff Attorney(s): David M. McClain; Kazan, McClain, Satterley & Greenwood; Oak- See SUMMARIES page 15 National Presence. Local Expertise. At U.S. Legal Support we believe in providing custom solutions tailored to fit the needs of our clients. As one of the largest full service legal support companies in the nation, we provide local specialists with national resources. Contact us to learn more about our custom solutions Costa Mesa Fresno Sacramento San Diego San Francisco Sherman Oaks Los Angeles Woodland Hills Court Reporting Record Retrieval Litigation & ESI Services Trial Services

15 DAILY AT JANUARY 26, Continued from page 15 land, CA, for Emily Bankhead, Tammy Bankhead, Debbie Bankhead-Meiers, Estate of Gordon Bankhead Defendant(s): Pneumo Abex LLC, J&R Supply, Inc., ArvinMeritor, Inc., Milligan-Spika Company, Resillo Press Pad Company, Bondex International, Inc., California Equipment Company, Garlock Sealing Technologies, LLC, The Goodyear Tire & Rubber Company, California Brake & Clutch Parts, Inc. Defense Attorney(s): John R. Brydon; Brydon Hugo & Parker; San Francisco, CA, for Pneumo Abex LLC None reported; ; for J&R Supply, Inc., ArvinMeritor, Inc., Milligan-Spika Company, Resillo Press Pad Company, Bondex International, Inc., California Equipment Company, Garlock Sealing Technologies, LLC, The Goodyear Tire & Rubber Company, California Brake & Clutch Parts, Inc. Facts:From 1965 to 1999, plaintiffs decedent Gordon Bankhead worked as a parts man working around heavy-duty vehicles. He spent most of his career at Sea-Land Shipping Company in Oakland, where he regularly handled asbestos-containing brakes, which allegedly caused him to breathe in asbestos dust. In January 2010, Bankhead, 66, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. He passed away two years later, on Oct. 18, 2011, due to complications from the cancer. Before he passed away, the decedent and his wife, Emily Bankhead, sued Pneumo Abex LLC and Carlisle Corp., which manufactured the vast majority of the brake linings that the decedent was exposed to. They also sued ArvinMeritor Inc., which attached the brake linings to brake shoes and axles that were sold to the decedent s employers, and Kelsey-Hayes, which supplied brake components to the decedent s employers. Mr. and Mrs. Bankhead alleged the defendants were aware of the deadly health effects of breathing asbestos dust since at least the 1940s, but that the defendants did not begin warning its customers of those effects, if at all, until years after Bankhead was exposed to the asbestos-containing brakes. On Jan. 6, 2011, the jury found that Pneumo Abex and Carlisle Corp. were each 30 percent liable for Mr. Bankhead s mesothelioma, and that ArvinMeritor and Kelsey-Hayes were each 15 percent liable, and that Mr. Bankhead s employers were 10 percent liable. Thus, the jury awarded Mr. and Mrs. Bankhead economic, non-economic and punitive damages. However, Kelsey-Hayes had settled for a confidential amount prior to trial and Carlisle Corp. settled for a confidential amount before the start of the punitive damages phase. (For a complete report of the underlying action, please see VerdictSearch California, volume 10, issue 10.) Following Mr. Bankhead s death, his wife, Emily Bankhead, and two adult daughters from another marriage, Tammy Bankhead and Debbie Bankhead-Meiers, filed a new action against Pneumo Abex, ArvinMeritor, and several companies not initially named in the prior suit. The decedent s family sought compensation for their loss of Mr. Bankhead s companionship for all the years by which his life was cut short. ArvinMeritor and several other parties that were added to the wrongful death lawsuit were ultimately let out of the case, and the matter continued against Pneumo Abex only. However, the court ruled that since Mrs. Bankhead already prevailed against Pneumo Abex on liability in the prior lawsuit, the jury on the second trial would not be instructed as to the decedent s cause of death and Pneumo Abex would not be allowed to dispute its responsibility for the decedent s death. Thus, the second trial commenced on Jan. 13, 2014, in order to determine the decedent s family s non-economic wrongful death damages. Injury: Gordon Bankhead was diagnosed with mesothelioma, which he treated with chemotherapy. He ultimately died due to complications from his condition on Oct. 18, Plaintiffs counsel contended that the decedent s life was cut short by 17 years, causing his wife and two adult daughters to miss out on many more years of memories, including activities and vacations they would regularly take. Thus, the decedent s family sought recovery of damages for the loss of the decedent s love, care, affection, companionship, comfort, support, guidance, and society. In addition, the decedent s wife sought recovery of damages for the loss of intimacy with her husband. The decedent s wife sought a damages award in the amount of eight figures, while the two daughters sought substantial amounts for their significant loss. Counsel for Pneumo Abex contended that an award less than $1 million for the decedent s wife would probably not be reasonable and that the decedent s adult children would logically be entitled to something less than a widowed wife. Result: The jury determined that the amount of damages suffered by the decedent s family totaled $11 million, which included $6 million the decedent s wife s damages, and $2.5 million to daughter. Since Pneumo Abex was found 30 percent at fault in the personal injury lawsuit, it will have to pay $3.3 million, not including costs and interest. Emily Bankhead $6,000,000 Wrongful Death: Past Loss Of Society Companionship Tammy Bankhead $2,500,000 Wrongful Death: Past Loss Of Society Companionship Debbie Bankhead-Meiers $2,500,000 Wrongful Death: Past Loss Of Society Companionship Actual Award: $ Trial Information: Judge: Jo-Lynne Q. Lee Demand: $3 million See SUMMARIES page TOP VERDICTS FRESNO ONTARIO PLEASANT HILL SACRAMENTO SAN FRANCISCO SAN JOSE SANTA ROSA TYPE OF CASE Medical Malpractice VERDICT AMOUNT Jury determined present value of all damages: $12,132, Jury awarded future payments for medical and attendant care of: $100,000,000 Rains Lucia Stern, PC would like to congratulate their new personal injury attorneys Eustace de Saint Phalle, Michael E. Gatto and Alison M. Karp for their outstanding verdict against Contra Costa. The addition of this exceptional personal injury trial team to RLS is part of our commitment to ensure our clients receive the best representation possible. This case was litigated for 5 years and the trial lasted for 2 months. The jury found that its own county health care system failed to provide proper prenatal care and labor and delivery care for an immigrant mother, and determined that the child would need medical care and attendant care for the rest of his life. FROM ALL OF US AT RAINS LUCIA STERN - CONGRATULATIONS & WELCOME! EUSTACE DE SAINT PHALLE MICHAEL E. GATTO ALISON M. KARP Jury awarded future earnings loss of: $11,700,000 RANKED #1 MEDICAL MALPRACTICE CASE Disclaimer: These results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter

16 16 JANUARY 26, 2015 DAILY AT Continued from page 15 Offer: $1.2 million (during jury deliberations) Trial Length: 3 days Trial Deliberations: 2 hours Jury Composition: 7 male/ 5 female Editor s Comment: This report is based on information that was provided by plaintiffs and defense counsel. Employment Zulfer v. Playboy Enterprises, Inc. Controller claimed company wrongfully terminated her Amount: $6,000,000 Type: Verdict-Plaintiff Venue: Federal Court: United States District Court, Central District, Los Angeles Injury Type(s): mental/psychological-emotional distress Case Type: Employment - Retaliation, Wrongful Termination Business Law - Sarbanes-Oxley Act of 2002 Case Name: Catherine Zulfer v. Playboy Enterprises, Inc. and Does 1 through 10, inclusive, No. 12-cv BRO (SHx) Date: March 5, 2014 Parties Plaintiff(s): Catherine Zulfer (Female, 59 Years) Plaintiff Attorney(s): David M. derubertis; The derubertis Law Firm, APC; Studio City, CA, for Catherine Zulfer, Martin I. Aarons; The Aarons Law Firm, P.C.; Sherman Oaks, CA, for Catherine Zulfer, Mindy J. Lees; Law Office of Mindy J. Lees; Studio City, CA, for Catherine Zulfer Plaintiff Expert(s): Susan Bleecker; C.P.A.; Economics; Pasadena, CA called by David M. derubertis, Martin I. Aarons, Mindy J. Lees, Gerald Thorpe; ; GAAP & GAAS Issues; Reston, VA called by David M. derubertis, Martin I. Aarons, Mindy J. Lees, Lester Zackler; M.D.; Psychiatry; Sherman Oaks, CA called by David M. derubertis, Martin I. Aarons, Mindy J. Lees Defendant(s): Playboy Enterprises, Inc. Defense Attorney(s): Todd C. Theodora; Theodora Oringher PC; Costa Mesa, CA, for Playboy Enterprises, Inc., Jennifer G. Redmond; Sheppard, Mullin, Richter & Hampton LLP; San Francisco, CA, for Playboy Enterprises, Inc., Morgan Forsey; Sheppard, Mullin, Richter & Hampton LLP; San Francisco, CA, for Playboy Enterprises, Inc., John P. Stigi III; Sheppard, Mullin, Richter & Hampton LLP; Century City, CA, for Playboy Enterprises, Inc., Kate Visosky; Sheppard, Mullin, Richter & Hampton LLP; Century City, CA, for Playboy Enterprises, Inc., Nora Stiles; Sheppard, Mullin, Richter & Hampton LLP; Los Angeles, CA, for Playboy Enterprises, Inc. Defendant Expert(s): Chen Song; Economics; Irvine, CA called by Todd C. Theodora, Jennifer G. Redmond, Morgan Forsey, John P. Stigi III, Kate Visosky, Nora Stiles Eric Sussman; GAAP & GAAS Issues; Los Angeles, CA called by Todd C. Theodora, Jennifer G. Redmond, Morgan Forsey, John P. Stigi III, Kate Visosky, Nora Stiles Paul Berg; Psychology/ Counseling; Oakland, CA called by Todd C. Theodora, Jennifer G. Redmond, Morgan Forsey, John P. Stigi III, Kate Visosky, Nora Stiles Insurer(s): Starr International Company, Inc. for Playboy Enterprises, Inc. Facts: On Jan. 14, 2011, plaintiff Catherine Zulfer, Senior Vice President and Corporate Controller for Playboy Enterprises Inc., got into a disagreement with her boss, Chief Financial Officer Christopher Pachler, after being asked to accrue $1.1 million in executive bonuses on the general ledger. Zulfer had previously worked for Playboy Enterprises for over 30 years, as she originally was hired in 1978 as an accounting manager. In 2010, Playboy laid-off its Corporate Controller, leaving two divisional controllers -- Zulfer for the Entertainment Division and another employee for the Publishing and Licensing Division. In October 2010, Zulfer was promoted to SVP and Corporate Controller. When Pachler asked Zulfer to accrue $1.1 million in executive bonuses on the general ledger in January 2011, Zulfer refused, stating she needed the board of directors to approve the bonuses before she could accrue them. Pachler replied that board approval was needed for payment, but not an accrual. According to Zulfer, Pachler pressured her to make the accrual in violation of the company s internal accounting controls and generally accepted accounting principles (GAAP). However, Pachler claimed that this was a routine discussion about an accounting issue (which internal controls encouraged) and that GAAP required the accrual. Thereafter, on the evening of Jan. 14, 2011, Zulfer called Playboy s Chief Compliance Officer and General Counsel, Howard Shapiro. Zulfer claimed she reported that Pachler demanded that she make the accrual, which violated internal controls and GAAP, while Shapiro claimed that Zulfer was looking for cover in a disagreement with her boss and that nothing Zulfer reported rose to the level of Sarbanes-Oxley/internal control concern or constituted a whistleblower complaint. On Jan. 23, 2011, the board of directors approved the bonuses and Zulfer subsequently accrued them. On Feb. 11, 2011, Zulfer attended a meeting of the board s audit committee, where an Ernst & Young partner asked if management was aware of any allegations of fraud or whistleblowing. Shapiro replied no, and Zulfer did not say otherwise. In August 2011, Pachler claimed he decided to eliminate Zulfer s position and to promote Playboy s Publishing and Licensing Division Controller to the restructured Corporate Controller position. After her lay-off, Playboy paid Zulfer $272,000 in severance benefits. Zulfer sued Playboy Enterprises Inc. Zulfer alleged that the company s actions constituted retaliation and wrongful termination under the Sarbanes-Oxley Act of She also alleged that Playboy s actions constituted age discrimination in violation of the California Fair Employment and Housing Act, but voluntarily dismissed this claim prior to trial. In a Federal Rule of Civil Procedure 12(b)(6) motion hearing, defense counsel asserted that Zulfer s underlying legal theory -- that a report of an attempted violation of internal controls -- could not qualify as a protected activity under the Sarbanes-Oxley Act as a legal matter. No federal appellate decision has ever approved such a claim and there was no authority in the Ninth Circuit on this issue. However, at the 12(b)(6) motion hearing, Judge Margaret Morrow agreed that a report of an attempted violation of internal controls could give rise to a protected activity under the Sarbanes-Oxley Act, becoming only the second district court in the country to have approved precisely such a claim -- the other being Bishop v. PCS Admin., No. 05 C 5683, 2006 WL (N.D. Ill. May 23, 2006). At trial, Zulfer contended that Pachler s repeated requests that she accrue the bonuses without approval from the board of directors violated the company s internal controls and that she was terminated for disclosing to Pachler and Shapiro that the accrual of the bonuses would violate GAAP and the company s internal controls in violation of the Sarbanes- Oxley Act. Zulfer further contended that after she spoke with Shapiro, he took no action in response to their discussion, in that he did not report it to the audit committee or initiate any type of investigation into the matter. Pachler denied the January 2011 dispute with Zulfer had anything to do with the decision to eliminate her position. He claimed that, rather, he selected the Publishing and Licensing Division Controller to be promoted because Zulfer s corporate controller public accounting duties were no longer needed once Playboy went back to being a privately held company; because Zulfer s entertainment accounting duties were no longer needed once Playboy sold its Entertainment Division in August 2011; and because the majority of the remaining accounting duties related to publishing and licensing, which the Publishing and Licensing Division Controller had handled for 20-plus years. Playboy ultimately alleged that no internal control required board approval for accrual of the bonuses (as opposed to payment), that GAAP required making the accruals and that Zulfer never made a whistleblower report or complaint of any kind. Injury: Zulfer claimed that since her termination, she has worked short-term assignments in production accounting for two different feature films, but that she has not been able to find employment at another executive level position. She also claimed she suffers emotional distress as a result of her experience, but that she did not seek psychological treatment. Thus, Zulfer sought recovery of economic damages, consisting of back and front pay, ranging from $1 million at the lower end scenarios to $2.75 million at the highest end scenario. She further sought recovery of damages for her emotional distress, as well as recovery of punitive damages for Playboy Enterprises alleged malice, fraud and oppression. Defense counsel contended that Zulfer s economic damages were offset by a $272,000 severance she was paid upon her departure. Counsel also contended that Zulfer failed to mitigate her damages, as she did not adequately look for comparable work. In addition, defense counsel contended that Zulfer did not suffer significant emotional distress. Result: The jury unanimously ruled that Playboy Enterprises retaliated against Zulfer in violation of the Sarbanes-Oxley Act and wrongfully terminated Zulfer s employment. It also found that Zulfer s compensatory damages totaled $6 million. The jury also found that Playboy Enterprises actions constituted malice, fraud and oppression. Thus, the matter was set to proceed to a separate trial to determine punitive damages. Trial Information: Judge: Beverly Reid O Connell Trial Length: 6 days Trial Deliberations: 105 minutes Jury Vote: 8-0 Post Trial: The matter resolved confidentially prior to the start of the punitive damages phase. (Plaintiff s counsel claimed it would have been entitled to statutory attorney s fees for having prevailed.) Editor s Comment: This report is based on information that was provided by plaintiff s counsel. Defense counsel did not respond to the reporter s phone calls. See SUMMARIES page 17

17 DAILY AT JANUARY 26, Continued from page 16 MEDICAL MALPRACTICE - Delayed Diagnosis Medical Malpractice Delayed Treatment Brian C. v. Contra Costa Health Services Amount: $12,132, Type: Verdict Venue: Contra Costa Court: Superior Court of Contra Costa, Contra Costa Case Name: Brian C. v. Contra Costa Health Services Date: September 18, 2014 Parties: Plaintiff: Brian C. (a minor) Plaintiff Attorney(s): Eustace de Saint Phalle, Rains Lucia Stern, PC, San Francisco, CA Co-lead Counsel Michael E. Gatto, Rains Lucia Stern, PC, San Francisco, CA Co-lead Counsel Alison M. Karp, Rains Lucia Stern, PC, San Francisco, CA Defendents: Contra Costa Health Services Defense Attorney(s): W. David Walker, Craddick, Candland & Conti, Danville, CA Facts: On June 27, 2008, plaintiff Brian C. s mother, presented for a routine pre-natal exam with family practitioner Teresa Madrigal, M.D. at the Pittsburg Health Center. The pregnancy was a high-risk monochorionic-diamniotic twin pregnancy. While performing a Non-Stress Test before the mother s appointment with Dr. Madrigal, a nurse was unable to find the heartbeat of one twin, and the other twin s reading was non-reactive. The nurse called Dr. Madrigal, who attended to the patient. Brian s mother was eventually taken to the hospital where an emergency C-section was performed. Brian s twin died. Brian was born suffering from perinatal depression and suffered a hypoxic brain injury. Brian sued Contra Costa Health Services, Teresa Madrigal, M.D., Huy Dao, M.D., Scott Loeliger, M.D. (employees of Contra Costa Health Services, operated by Contra Costa county), for medical malpractice. Plaintiff contended Dr. Madrigal, as a family practitioner, was unqualified to handle high risk twin pregnancies, such as Brian s. Dr. Madrigal admitted in deposition that she did not understand many of the risk factors of this pregnancy, including twin to twin transfusion, artery to artery anastomosis, and marginal cord insertion, among others. Plaintiff contended the family practitioner allowed the pregnancy to continue for too long, and that in a pregnancy with these risk factors, delivery should have occurred by 37 weeks. Plaintiff also contended that Dr. Madrigal and Dr. Loeliger failed to respond appropriately during the emergency on the morning of June 27, 2008, delaying transporting Brian s mother to the hospital for an emergency C-section. Plaintiff contended that Contra Costa Health Services should have had better oversight and protocols to prevent family practitioners from managing high risk pregnancies. Plaintiff introduced evidence that Dr. Madrigal altered the medical records after she learned of the death of one of the twins and gave false deposition testimony in an attempt to blame the mother for the tragedy. Dr. Madrigal made entries in the mother s chart for visits weeks earlier purporting that she had discussed the delivery date with a doctor and with the mother. Dr. Madrigal denied she had altered the chart. Defense Contentions: Defendants contended that this pregnancy could be delivered up to 38 weeks, that Dr. Madrigal was qualified to manage the pregnancy and expected the perinatologist providing ultrasounds to notify her if she should deliver earlier, that the mother should have gone to the hospital earlier herself, and that doctors must not rush in an emergency situation even if the patient may be injured. Defendants argued that Brian s life would be reduced by 20 years. Injuries/Damages: Brain damage causing mild intellectual disability, speech/language disorders, impairment of fine motor skills, and impaired coordination. Brian was born with brain damage resulting from a hypoxic injury. He will never be able to live independently or be employed. Plaintiff provided evidence that despite his deficiencies and vulnerability, his life expectancy is not diminished. Brian s family had been unable to obtain proper care, and were limited to that provided through the county and the school system. Brian is now 6 years-old and is left with speech problems, coordination issues, and problems with his motor skills. With the award, Brian will be able to obtain intensive and extensive speech and language therapy, assistive augmentative communication devices, and occupational and physical therapy. In addition, he will be able to go to a specialized school for the brain injured with his motor and speech and language issues, and eventually live in a home with others with his specific injuries and with 24-hour medical and attendant care. Results: Past Medical: $55, Future Medical: Future Value: $100,000,000 Present Value: $9,577,000 Lost Earnings: Future Value: $11,700,000 Present Value: $2,000,000 See SUMMARIES page 19

18 18 JANUARY 26, 2015 DAILY AT SAVE PRECIOUS TIME WITH E-FORMS AND TREATISES FILES FROM EXPERIENCED LITIGATORS LEGAL MALPRACTICE BUSINESS LITIGATION PRODUCT LIABILITY INSURANCE DEFENSE PREMISES LIABILITY MEDICAL MALPRACTICE EMPLOYMENT LAW ORDER TODAY! or call (415) The Recorder 1035 Market Street, Suite 500 San Francisco, CA 94103

19 DAILY AT JANUARY 26, Continued from page 17 Past and Future Pain and Suffering: $500,000 Trial Information: Judge: Steven K. Austin Wrongful Death BRUMMETT V. COUNTY OF SAN DIEGO Amount: $3,000,0000 Type: Verdict Venue: San Diego Court: United States District Court, Southern District, San Diego Case Name: Estate of Daniel Sisson, Shaunda Brummett and Greg Sisson v. of San Diego, San Diego Sheriff s Department Date: November 10, 2014 Parties: Plaintiff: Shaunda Brummett, Greg Sisson Plaintiff Attorney: Christopher S Morris, Morris Law Firm, APC. Defendent: William D. Gore Defense Attorney(s): Christopher John Welsh, of San Diego & Kevin G Kennedy, of San Diego Office of Counsel. Facts: Daniel Sisson was booked into the Vista Detention Facility just after 4:00 p.m. on January 23, 2011 for possession of drugs for personal use, a violation of the terms of his probation. He had a history of drug use and asthma. His history, taken at the time of booking, showed he had experienced an acute asthma attack associated with opiate withdrawal when in the same jail six months earlier. At the time, he denied using heroin daily, because he didn t want to take Vistaril, the medicine he knew would be prescribed for withdrawal. That night he began to experience withdrawal symptoms and in the morning he told jail staff that he had been using heroin daily. After telling medical staff he did not want to take Vistaril, they prescribed Tigan, an anti-nausea drug, and a albuterol inhaler for his asthma, and returned him to his cell in the general population. His condition worsened, and he stayed in his bunk the entire day on January 24. His symptoms included vomiting, diarrhea, nausea, which are common among those undergoing heroin withdrawal. On January 25, as Daniel Sisson lay on his back in his bunk, he waved off his scheduled sick call appointment. Officials did not enter his cell or check on his condition. He spent the day lying in his bunk or vomiting. Later that day, he began to suffer an asthma attack induced by heroin withdrawal. Nevertheless, officials did not assist him. Daniel Sisson s cellmate desperately and repeatedly made efforts to convince [Facility] officers that Daniel was dying and in need of immediate medical attention. In ignoring his needs, officials were follow[ing] the policy, practice, and custom of leaving heroin detoxifying inmates to suffer in their cell, unsupervised, and without medical attention. Deputies at 8:10 p.m. finally performed a welfare check on his cell, and found his lifeless body. Due to the state of rigor mortis, he had been dead at least three hours. Based on remarks in the autopsy report, Plaintiffs deduce that he died around 5:00 p.m. and had been suffering an asthma attack several hours before that. Results: Plaintiff THE ESTATE OF DANIEL SISSON S first cause of action for Deliberate Indifference in violation of Daniel Sisson s rights under 42 U.S.C. 1983, against Defendant MARY ABIARO, is ENTERED;2. Plaintiff THE ESTATE OF DANIEL SISSON S first cause of action for Deliberate Indifference in violation of Daniel Sisson s rights under 42 U.S.C. 1983, against Defendant EVELYN MORALES, is ENTERED;3. Plaintiff THE ESTATE OF DAN- IEL SISSON S second cause of action that Defendant COUNTY OF SAN DIEGO S custom and practice regarding its Heroin Detoxification Policy is in violation of Daniel Sisson s rights under 42 U.S.C. 1983, against Defendant COUNTY OF SAN DIEGO, is ENTERED;4. Plaintiff THE ESTATE OF DANIEL SISSON S third cause of action that Defendant COUNTY OF SAN DIEGO S Hourly Security Check Policy is in violation of Daniel Sisson s rights under 42 U.S.C. 1983, against Defendant COUNTY OF SAN DIEGO, is ENTERED;5. Plaintiff THE ESTATE OF DANIEL SISSON S fourth cause of action that Defendant COUNTY OF SAN DIEGO S Failure to Train its Jail Staff is in violation of Daniel Sisson s rights under 42 U.S.C. 1983, against Defendant COUNTY OF SAN DIEGO, is ENTERED; and6. The Jury s Verdict, dated November 11, 2014, against Defendant COUNTY OF SAN DIEGO in favor of THE ESTATE OF DANIEL SISSON for $3,000, Trial Information: Judge: Cynthia Bashant $4,383,682 Verdict for Marquez v. PG&E #5 Ranking Premises Liability Verdict of 2014 Steger P. Johnson Jones Clifford Legal Team The attorneys at Jones, Clifford, Johnson, Dehner, Wong, Morrison, Sheppard & Bell, LLP have been aggressively representing victims in personal injury, workers' compensation and wrongful death cases throughout California since The personal injury and wrongful death attorneys at Jones Clifford are experts at dealing with insurance companies and know how to maximize the value of your case. Even though the majority of cases settle without trial, we prepare every case thoroughly and with tenacity so that it is ready for trial. This work ethic ensures each of our clients cases receives the attention it deserves Market Street, Suite 1200 San Francisco, CA jonesclifford.com

20 20 JANUARY 26, 2015 DAILY AT Since 1974, Kazan Law has been dedicated to representing people suffering from mesothelioma and other asbestos-related cancers. For 40 years, we have been instrumental in winning precedent-setting rulings, making California asbestos law while obtaining justice for our clients. David McClain Justin Bosl Frank Fernandez *retired Kazan, McClain, Satterley & Greenwood is proud to be included in the Recorder s Top Verdicts for 2014 with the highest wrongful death award in California. We congratulate David McClain for leading Bankhead v. ArvinMeritor Inc. to an $11 million jury verdict against Pneumo Abex LLC. An earlier jury found that Pneumo Abex negligently, intentionally, and maliciously caused Mr. Bankhead s mesothelioma. Gordon Bankhead Joseph Satterley Denise Abrams Gordon Greenwood died at age 68. Congratulations to partners Joseph Satterley and Justin Bosl for leading the first trial to a $17,470,000 verdict, which was recognized in the Recorder s Top Verdicts for Where you refer your catastrophic injury asbestos cases is of the utmost importance. Working with the solid resources and excellent reputation of Kazan Law will help ensure the best results for you and your client. K a z a n L a w. c o m Jack London Market 55 Harrison Street, Suite 400 Oakland, CA PH: (510) PH: (877) Steven Kazan

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