Illustration

Celebrate CAOC's successes at our Installation and Awards Dinner. You'll hear from outgoing President Douglas Saeltzer and incoming President Casey Johnson. The winners of our Consumer Attorney of the Year and Street Fighter of the Year awards will be announced, and you'll see videos highlighting all the finalist cases. Additionally, recipients of CAOC’s esteemed institutional Cartwright, Pollock, and Lewis awards will share their stories. It promises to be a joyous evening honoring the outstanding work accomplished by CAOC and its members throughout the past year.

Installation and Awards Dinner Tribute Book ads available for purchase.

CONSUMER ATTORNEY OF THE YEAR FINALISTS

Taylor Ernst, Don A. Ernst, Danielle Miller, Terry Kilpatrick, Jakob Z. Norman, Brian J. Ward, Erin L. Powers, Ansley Hope O’Brien

Illustration

Wright, et al. v. Union Oil Company of California

  • In the mid-1970s, Union Oil operated an oilfield just outside the city of Santa Maria. When that oilfield was abandoned, Union Oil did not clean out one of its waste sump pits as required by law at the time. Instead, it simply covered the pit with dirt and left it in the ground. Then it sold the field as “remediated” to land developers, who built homes across it. Kevin Wright bought one of those houses and lived there from 1985 to 1988. He didn’t know it had been built over a buried pit of oilfield waste, or that benzene was rising out of the ground into the air of his home. Twenty-seven years later, he was diagnosed with cancer.

    After his diagnosis, one of his children drove past the old street and found the house gone. Union Oil had quietly purchased and demolished it after oil appeared in the backyard. The attorneys pulled old aerial photographs from Santa Barbara County's historical archive; a geologist took the soil borings from the site, where benzene still stained the ground at depth, and used them to fix the position of the forgotten pit. Then the team laid a 1973 aerial photograph over the modern street and parcel lines, and the buried sump fell on the footprint of Wright's home. The company's own protected and hidden paper trail helped find the poison beneath the house. Union Oil tried to spread the blame: to another oil company, to the developer, to the builders who put up the house, even to Wright's own family. A jury placed 100 percent of the fault on Union Oil, and the verdict resulted in further remediation of the real estate upon which other homes were built. Kevin Wright saw the verdict, but passed away before the case was finally over.

Karman M. Guadagni, Kelsey S. Craven, Kirsten M. Fish, Kathryn A. Stebner, Deena K. Zacharin, Valerie T. McGinty

Illustration

Tennier, et al. v. MBK Senior Living LLC, et al.

  • Theresa Donahue was an 85-year-old resident at MuirWoods Memory Care, a Residential Care Facility for the Elderly in Petaluma. Throughout her time there, MuirWoods knew she was at risk for falls and needed assistance due to her dementia and other medical conditions. Despite this knowledge, staff repeatedly failed to meet her needs, and as a result, she suffered four falls, suffered from scabies for weeks, and suffered other forms of neglect. The fourth fall in 2021 caused her to suffer a hip fracture, which caused her subsequent decline and death. At trial, plaintiffs’ case centered on the purposeful understaffing of MuirWoods in order to increase their own profits. Because defendants destroyed multiple categories of staffing documents, plaintiffs proved understaffing mostly through witness accounts and admissions from staff. The defense repeatedly argued that their understaffing of their facility should be excused, especially during 2020 and 2021 when long-term-care staffing shortages were pervasive during the COVID pandemic.

    However, plaintiffs’ counsel clearly established that the rules and regulations still applied, even during the pandemic, which provided a wake-up call to California’s long-term-care operators. The first trial resulted in a hung jury, but the trial team was determined to retry the case to get justice for Theresa, and they were successful in the second trial. This case also created changes that will protect elders throughout the state going forward in two distinct ways. Defendants’ motion to compel arbitration was denied and upheld on appeal in a published decision, creating favorable law for elders attempting to defeat long term care arbitration agreements. Also, the spoliation of evidence that occurred in this case was the motivation that ultimately led to the passage of Assembly Bill 251 (Kalra) and a significant revision of the Elder Abuse Act to better protect elders and hold bad actors accountable.

Brian J. Panish, Thomas A. Schultz, Andrew Schrader, Diana R. Panish, Lalit Kundani

Illustration

Cheng v. Amphastar Pharmaceuticals Inc., et al.

  • Bill Cheng, an active 80-year-old man, was on his daily morning walk to get coffee when he became the victim of a devastating crash. Dr. Mary Zi-Ping Luo was driving in the course and scope of her employment as co-founder of Amphastar Pharmaceuticals and International Medication Systems when she failed to stop at a red light, made an unsafe right turn, and collided with a truck that had the right-of-way. The impact caused Luo to lose control of her vehicle, which jumped the curb and struck Cheng on the sidewalk. Cheng underwent numerous surgeries and extensive medical treatment. Once an independent father and grandfather with an active lifestyle, Cheng was left unable to care for himself and now resides in a long-term rehabilitation facility receiving around-the-clock care. A persistent challenge in catastrophic injury cases involving older adults is the defense effort to diminish damages by focusing on a plaintiff's age.

    The suggestion is that an elderly person's losses are less significant because they have fewer years remaining. Here, the jury unequivocally rejected that premise and awarded the largest compensatory damages verdict for someone 75 or older in California. Before the collision, Cheng was active and independent, maintained a daily walking routine, lived without assistance, and enjoyed time with his family. Following the crash, he was left with a severe traumatic brain injury, permanent cognitive deficits, significant physical impairments, and a need for round-the-clock care. The evidence demonstrated that the collision did not merely shorten Cheng's future – it fundamentally altered the quality of the life he had worked decades to build. The jury's substantial non-economic damages award recognizes that the loss of independence, mobility, dignity, and enjoyment of life carries profound value, regardless of age. The verdict reinforces an important legal principle: justice is not discounted because a victim is elderly.

Rahul Ravipudi, Thomas A. Schultz, Jonathan H. Davidi, Tyler R. Paboojian

Illustration

Hakimi v. City of Los Angeles

  • Kamran Hakimi, a father of five, suffered catastrophic injuries after being struck by a City of Los Angeles sanitation truck while lawfully crossing in a marked crosswalk with the pedestrian signal in his favor. The driver made a right turn without looking properly and struck Hakimi, throwing him into the air and onto the pavement, causing a severe traumatic brain injury. Hakimi slipped into a coma shortly after the incident. The city attorney rejected reasonable settlement proposals made by an independent mediator chosen by the City and forced the case to trial. Defendants contested liability, but after depositions of the driver and investigating officers and an accident reconstruction, admitted liability before trial. The defense claimed that because Hakimi was in a coma and expected to die shortly, there were no significant non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life. These arguments sought to minimize the human impact of injuries that left Hakimi unable to advocate for himself. Plaintiff's counsel overcame these challenges by presenting compelling medical, life-care, and expert testimony establishing that Hakimi could continue to experience pain and suffering, that his life expectancy could be extended through placement in a specialized neurorehabilitation facility, and that he would continue to endure significant non-economic harm despite his inability to communicate.

    The jury decisively rejected the defense's attempt to devalue the case based on Hakimi's condition, returning a substantial pain and suffering verdict after only hours of deliberation. The verdict reaffirmed that a person's life, dignity, and humanity retain profound value even when catastrophic injuries leave them unable to communicate. The verdict also reinforces the expectation that government agencies prioritize pedestrian safety, adequately train employees operating municipal vehicles, and evaluate claims responsibly. The result is likely to influence municipal risk management, claims handling, and public-entity tort litigation for years to come.

Nicholas C. Rowley, John A. Kawai, Grayson P. Yoder, Daniel B. Bidegaray

Illustration

Garcia v. Starbucks Corporation

  • In 1994, the infamous McDonald’s verdict flooded the newspapers and airwaves. The insurance defense industry controlled the narrative and spread false propaganda about the case leading Americans to believe that the case and all “hot coffee cases” are the classic example of frivolous lawsuits. Thirty years later, Michael Garcia a Postmates driver was picking up three Venti-sized teas at a Starbucks drive-through in Los Angeles. The barista negligently failed to secure a 180-degree temperature tea in the drink holder and did not properly secure the lid. Within two seconds of handing the drinks over, scalding hot 180-degree tea fell out of the drink holder into Garcia's lap, resulting in third-degree burns to his thighs and devastating mutilation injuries to his penis. From the beginning, Starbucks’s attitude towards the case was to stand tall and delay, defend, depose and deny any responsibility whatsoever while taking the position that nobody could win a “hot coffee case” in front of an American jury.

    During the jury trial, after a jury verdict finding Starbucks 100% responsible for negligence, the mega-corporation offered a lifechanging amount of money to settle. Garcia refused to settle unless Starbucks promised to make safety changes to ensure that other customers would be protected. Starbucks refused and wanted to sweep the case under the rug. It took a lot of courage to say no to that offer. In the end, the jury delivered a verdict for a lot more than what Starbucks offered and the judge added a lot more to the verdict, finding that Starbucks frivolously denied liability and failed to pay a reasonable settlement offer. This jury verdict was heard not only across America but throughout the world, changing the narrative and legitimacy of "hot coffee cases,” and most importantly Starbucks changed its policy to do a better job protecting customers across the globe from being burned.

John C. Taylor, Natalie Weatherford, Sonya Ostovar

Illustration

Doe v. Dignity Health DBA Methodist Hospital of Sacramento

  • In November 2016, 41-year-old Jane Doe was admitted to Methodist Hospital of Sacramento after suffering a pulmonary embolism and was transferred to the intensive care unit, where she remained for several weeks. She was intubated and unable to move or talk. On three consecutive nights in December 2016, nurse Gregory Harms raped her while she was in her hospital bed. She could not move or speak due to her medical condition, but she was awake and alert. In late January 2017, she regained the ability to speak and immediately reported the abuse to her speech therapist, who reported the allegations to the hospital and police. The hospital failed to investigate the report and told Doe’s family and law enforcement that she was likely suffering from “ICU dementia,” a condition that causes hallucinations. As a result, no in-depth hospital or law enforcement investigation was conducted.

    In November 2019, Doe saw Harms on the news after he was arrested for raping another patient at a different hospital. She contacted the Sacramento Police Department about her 2017 rape allegations and was informed that two other victims had come forward alleging that Harms had sexually assaulted them while they were incapacitated. Harms was criminally charged and after a jury trial he was convicted of felonies related to his abuse of the other two female patients. The jury hung as to the charges against Harms for Doe. In Doe’s civil suit, the jury’s significant verdict included punitive damages, finding that the hospital violated various Welfare and Institutions codes related to the protection of dependent adults and was negligent in failing to protect Doe from sexual abuse. The jury also determined that hospital was directly responsible for the rape because it “ratified” the sexual abuse after it occurred. This verdict not only secures vital resources for Doe’s lifelong therapy and support but also holds Dignity Health accountable for its institutional failures. The result sent a clear message that institutions will face serious consequences when they ignore reports of abuse and fail to protect vulnerable patients.

STREET FIGHTER OF THE YEAR FINALISTS

Megan T. Burns, Emily L. Dahm, Alan Charles Dell’Ario

Illustration

Jimenez and Gonzalez v. New Haven Unified School District

  • Esmeralda Gonzalez endured a year of threats and bullying by another high school student, the star of the school's softball team. School personnel knew about the bullying but took no action. After the bully appeared at her home one morning, Esmeralda and her mother, Maria Jimenez, went to the school to seek help. As soon as they arrived in the school parking lot, the bully and other minors attacked them. A campus security officer, a family friend of the bully, was present and failed to intervene. Jimenez suffered a traumatic brain injury, facial fractures requiring surgery, a retinal injury, and severe post-traumatic stress disorder. Gonzalez suffered physical injuries and post-traumatic stress disorder. Plaintiffs alleged that the New Haven Unified School District negligently failed to control escalating bullying, prevent foreseeable violence, and protect both its student and her mother. The district argued that the attack happened too quickly to prevent, it owed no duty of care to Jimenez, and that the plaintiffs should not have gotten out of the car. The jury rejected both defenses and found the district 100 percent responsible.

    The case required more than five years of relentless litigation. The defense challenged the pleadings, sought summary judgment, filed dispositive motions in limine and post-trial motions, and pursued a full appeal. On the eve of trial, despite declining to depose plaintiffs' principal liability expert, the defense moved to exclude the expert. The court denied the motion. After the verdict, the parties completed post-trial mediations and full appellate briefing before settling on the eve of oral argument. The case sends a clear message that schools cannot ignore prolonged bullying, fail to protect students and parents who come to them for help, and then escape responsibility by denying a duty of care or claiming that the violence occurred too quickly to prevent.

Michael S. Carrillo, Christian Contreras, Laura M. Jimenez

Illustration

Soto, et al. v. City of Torrance, et al.

  • Juan Antonio Obeso Soto was arrested by Torrance police officers for public intoxication. He was visibly suffering from a mental health crisis at the time, as witnesses described his behavior as erratic and "strange," and he admitted being under the influence. Soto was transported to the Torrance Police Department jail, yet officers did not place him in a sobering cell. During booking, Soto advised custodial staff he was delusional and believed people were trying to kill him, but officers failed to investigate his medical or mental health condition. He was placed alone in a holding cell equipped with a telephone. Soto wrapped the phone cord around his neck and he suffocated and died. Video surveillance captured him hanging and convulsing at approximately 10:40 a.m., but he was not discovered until 12:05 p.m.

    Discovery revealed that safety checks were not performed in compliance with Title 15, and that Soto was left alone in his cell for nearly two hours, allowing him to hang himself unnoticed. Defendant acknowledged that one of its custodial officers falsified an entry on the safety check log, claiming to have made a safety check at 11:00 a.m. that he did not actually make, and at a time when Soto had already gone into convulsions from hanging at about 10:40 a.m. Soto’s mother, wife and two minor sons asserted claims for negligence, wrongful death, deliberate indifference to serious medical needs, denial of medical care, and interference with familial relations plus failure to summon immediate medical care. The matter was resolved shortly before trial for one of the largest settlements of its kind. The broader significance of the case concerned the City of Torrance changing their systems in terms of inmate intake and also how inmates are monitored.

Daniel Kramer, Brandon Salumbides, Stuart B. Esner

Illustration

Munguia v. County of San Bernardino

  • Florencio Munguia was a hard-working immigrant performing physically taxing work. He was injured when an employee of the San Bernardino County Sheriff’s Department turned the vehicle he was driving directly in front of Florencio, causing a collision. Florencio had no choice but to return to work right after the crash. In his words: “I have to work to support my family, even with the pain.” The evidence showed that the pain with which Florencio must now live turned his life upside down. He is no longer able to perform his physically demanding job pain-free, as he once did. He is no longer able to interact with his loved ones or even to play with his grandson. And he is no longer able to engage in the activities he loved, such as riding motorcycles and maintaining his home.

    The County admitted liability (because it had to) but tried mightily to diminish Florencio’s injuries in the jury’s eyes. It landed on the theme that he must be making much of it up because of how soon he returned to work and because he did not aggressively seek the treatment warranted by his injuries or complain much. But the jury saw through this and recognized the true story: Florencio was a stoic man who kept working through the pain. It awarded compensation far in excess of what the County was willing to offer. The County appealed, attacking virtually all aspects of the verdict. In a thoughtful opinion, the Court of Appeal (Fourth District, Division One) affirmed, recognizing that an immigrant worker’s pain, dignity, access to excellent medical care, and loss of quality of life are not discounted because he is poor, because he speaks Spanish, because he treats on a lien, or because he keeps working to feed his family.

Christa H. Ramey, Siannah Collado, Schyler S. Katz, Shea Murphy, Holly N. Boyer

Illustration

E.I. v. El Segundo Unified School District

  • Middle school student Eleri Irons asked a friend if she could date the friend’s ex-boyfriend. The bullying of Eleri began soon afterward on social media, then started occurring in person; it was relentless. Eleri reached out to a school counselor, but the bullying only worsened. When Eleri shared a series of threatening texts, the counselor’s response was “girls will be girls.” Despite repeated pleas from her parents, the El Segundo Unified School District failed to protect her. The bullying escalated to a terrifying and unthinkable level when a student circulated a death threat titled "Petition to End the Life of Eleri Irons." The school district failed to inform Eleri's parents of the threat against their daughter's life and failed to take meaningful action to stop the harassment.

    What followed was a years-long battle against a public entity determined to avoid accountability. By the time the case reached trial, Eleri was preparing to graduate from high school and leave for college. She could have simply moved on. Instead, she wanted to make sure no other child would endure what she had experienced. A jury returned a unanimous verdict awarding Eleri a significant amount in emotional distress damages, recognizing the devastating impact bullying can have on a child. But the fight was not over. The school district appealed, and a published appellate decision significantly limits the ability of governmental entities to misuse discretionary-act immunity as a shield against accountability. The decision reinforces an important principle: bullying is not merely unfortunate behavior – it is unlawful conduct that can cause profound harm, and victims are entitled to justice. After enduring years of litigation and public scrutiny, Eleri graduated from college and decided to pursue a career representing children. She is now working as a law clerk for Christa Ramey and Schyler Katz while preparing for law school.

AWARDS DINNER INFO

  • Consumer Attorneys of California is committed to protecting the health and safety of all those who attend our events.
    CAOC is committed to providing a safe and enriching experience for all attendees. We are pleased to inform you that San Francisco's civic leaders are actively engaged in implementing significant changes. Together with the concerted efforts of city leaders and enhanced security measures, we are confident that you will find San Francisco to be a welcoming and secure environment.
    COVID requirements: We will follow the current State and Local Guidelines.
    By attending our Convention, you agree to abide by the required health and safety procedures.

  • Cancellations will be accepted with full refunds through October 6. There will be no refunds or exchanges after that date. CAOC reserves the right to change or modify the seating arrangements and tickets issued. Please contact gro.coac%40rennid if you need to cancel. All refund requests must go to CAOC and not Tix.com.