Law Offices of
DONALD T. RAMSEY

EXPERIENCE

Representative Cases/Clients

A. Commercial Disputes

• Represented commercial real estate developer in loan dispute with bank in action for violation of Equal Credit Opportunity Act, fraud and cross claim for foreclosure, Errico v. Pacific Capital Bank N.A., 2010 WL 4699394 (N.D. Cal.)
  
  
• Represented minority shareholder/investor in dispute with majority owner over preferred stock rights in TRO and preliminary injunction proceedings, Davoodi v. Imani, 2011 WL 250392 (N.D. Cal.)
  
  
• Represented investor on summary judgment against claims of disgorgement under a PACA Trust pursuant to the Perishable Agricultural Commodities Act, C&G Farms, Inc. v. Capstone Business Credit LLC, 2011 WL 677487 (E.D. Cal.)
  
  
• Represented financial consultant on grounds of business advisor privilege on summary judgment against claims of tortious interference with contract.
  
  
• Represented software maker and licensor in summary judgment and civil writ proceedings against licensees who contended that license contract guaranteed them continual "upgrades" to older "DOS" based programs such that license could not be terminated "at will." (2004-2005)
  
  
• Represented children's arts and crafts catalog merchandiser on summary judgment and appeal in "trade dress," copyright infringement and trade secret misappropriation action that resulted when terminated manager began producing competing catalog for rival company. (2005)
  
  
• Represented international trader of recycled paper in filing and opposing summary judgment in parallel New York and California actions to enforce employment contract covenants when employee allegedly stole West Coast division of New York company to set up competing enterprise. (2006)
  
  
• Represented hotel chain in case involving claims of breach of development agreement and letter of intent, Radomile v. Marriott International Inc., 2002 WL 313167.

B. Insurance Coverage Cases

• Represented insurance carrier in coverage analysis and trial court motions against claims of "no aggregate," "non-products" coverage for asbestos insulation installer in "pre-packaged" section 524(g) asbestos bankruptcy-insurance coverage action. (2004-2005)
  
  
• Represented UK insurance carrier in summary judgment and civil writ proceedings in California and New York litigation arising from "contingent loss of revenue" policies covering losses sustained in production and sale of independent films, Film Finance Inc. v. Superior Court, 2002 WL 228205.
  
  
• Represented insurer before appellate court and obtained review from California Supreme Court in case involving insurability of punitive damages and attempt to establish comparative bad faith, Kransco v. American Empire Surplus Lines Insurance Co., 23 Cal.4th 390 (2000).
  
  
• Represented insurer in nationwide class action litigation seeking approval of multi-billion dollar asbestos insurance coverage settlement. Participated in settlement negotiations, drafted settlement documents, class action pleadings, and trial and appellate court briefs for the District Court, the Fifth Circuit Court of Appeal, and the U.S. Supreme Court, In re Asbestos Litigation, 134 F.3d 668 (5th Cir. 1998); Ortiz v. Fibreboard Corporation, 527 U.S. 815 (1999).
  
  
• Represented insurer in action involving trigger of coverage, allocation, and number of occurrences, pollution exclusion and other coverage issues, Armstrong World Industries Inc. v. Aetna Casualty and Surety Co., 45 Cal.App.4th 1 (1996).
  
  
• Represented insurer in choice of law/insurability of punitive damages case arising under Texas, West Virginia and California law, Continental Casualty Company v. Fibreboard Corporation, 762 F. Supp. 1368 (N.D. Cal. 1991), aff'd 953 F.2d 1386 (9th Cir.), judgment vacated 506 U.S. 948 (1992), remanded 4 F.3d 777 (9th Cir. 1993).

C. Toxic Tort and Environmental Cases

• Represented tire manufacturer in Rule 12(b)(6) motions on summary judgment motion and "Lone Pine" motion in case brought by fear of cancer and wrongful death plaintiffs asserting injury due to contaminated ground water, Dower v. Bridgestone North American Tire, No. C 06-06837 JW (2007-2009)
  
  
• Represented defendants in summary judgment and on appeal in drinking water contamination case who sought immunity under preemption doctrines, Hartwell v. Superior Court, 27 Cal.4th 256 (2002).

D. Labor and Employment Matters

• Represented former Deputy Sheriff seeking additional retirement benefits from special work assignments, Shelden v. Marin County Employees Retirement Ass'n, 189 Cal.App.4th 458 (2010).
  
  
• Drafted motions for summary adjudication and brief on appeal for defendant Bay Area Rapid Transit police officers in federal civil rights actions arising from January 1, 2009 altercation and fatal shooting at Oakland Fruitvale BART station, Wanda Johnson v. BART, 2011 WL 1791351.
  
  
• Represented public employee union in appellate writ proceeding alleging unfair labor practice by employer's unilateral action, Santa Clara County Correctional Peace Officers Ass'n, Inc. v. PERB, (2010-2011).
  
  
• Represent taxpayers and unions on appeal of action against county government for using public funds to defeat taxpayer initiative for seeking interest arbitration to resolve collective bargaining disputes, Di Quisto et al v. County of Santa Clara, 181 Cal.App.4th 236 (2010).
  
  
• Successfully asserted privacy rights of public employees in obtaining TRO and Preliminary Injunction to prevent county from disclosing individualized salary information to newspapers, California Newspaper Partnership v. County of Marin, 2008 WL 542849.
  
  
• Represented police unions on summary judgment in Fair Labor Standards Act cases focusing on "donning and doffing" claims, Lemmon v. City of San Leandro, 538 F. Supp. 2d 1200 (N.D.Cal. 2002)
  
  
• Represented numerous police officers and public employees in many cases on civil writs of mandamus seeking to correct unlawful employment discipline or termination.

E. Other Matters

• Represented unions in trial court and on appeal against anti-SLAPP motions. Santa Clara County Correctional Peace Officers Association v. Abbate, et al, 2008 WL 485115, and in successful sanctions award for frivolous anti-SLAPP motion, Santa Clara County Correctional Peace Officers Association v. Abbate, 2010 WL 302782.
  
  
• Represented defendant seeking indemnity from co-tortfeasor within conflicting provisions of tort reform legislation, Union Pacific Corp. v. Wengert, 79 Cal.App.4th 1444 (2000).
  
  
• Represented plaintiffs before the California Supreme Court in seminal case regarding limits of mandatory arbitration clauses in health maintenance organization contracts, Engalla v. Permanente Medical Group, 15 Cal.4th 951 (1997).