Slaughter and Reagan, LLP.

William Slaughter Obtains Win For Defendent Homeowner in Dispute Over Easement

dandyline — Wed, 13 Feb 2013 17:26:26 +0000

The Los Angeles Superior Court entered a judgment on February 7, 2013, fully vindicating Slaughter & Reagan, LLP’s client’s right to use the driveways and sewer over the plaintiffs’ property as well as preserving his client’s right to her deeded easements.

This action concerned a dispute between next-door neighbors in Glendale over rights to use driveways on the plaintiff’s property. The defendant’s property was landlocked and only accessible over the plaintiffs’ property. The parties mistakenly believed that the paved driveway was located on defendant’s deeded easement and plaintiffs also disputed the defendant’s right share the sewer line on plaintiffs’ property.

Before trial, the parties dismissed their damage claims and the matter proceeded by bench trial on the question of the rights to use the driveway and easements. After a six-day bench trial, the Court found in favor of Mr. Slaughter client on all issues. Not only did the Court deny plaintiffs’ claims for quiet title, but the Court found that Mr. Slaughter’s client had obtained a prescriptive easement to the driveway based on her use over the last ten years. The Court also found that Mr. Slaughter client did not lose her deeded easement by non use. Finally, the Court held that Mr. Slaughter client was entitled to share the sewer line on plaintiffs’ property as there was no other way to connect her property to the public sewer.

Jim Cole Awarded AV Rating by Martindale Hubbell

dandyline — Wed, 13 Feb 2013 17:25:38 +0000

Jim Cole has been awarded an AV rating by Martindale Hubbell. Cole, who specializes in both litigation and transactional l work, was extended this honor after an extensive peer review process. The AV rating demonstrates that Jim is held in high esteem by his colleagues, both in terms of his competence and ethics. Congratulations Jim.

Bill Slaughter Awarded “Best Lawyer” and “SuperLawyer” for 2013

dandyline — Wed, 13 Feb 2013 17:25:09 +0000

For the fifth year in a row, Bill Slaughter has been named a SuperLawyer. SuperLawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Bill Slaughter has also been named for Inclusion in “The Best Lawyers in America 19th Edition” for Calendar Year 2013. The designation is “Personal Injury Litigation – Defendants and Personal Injury Litigation – Plaintiffs.” American Lawyer describes the “Best Lawyer List” as “the most respected referral list of attorneys in practice.”

Bevin Berube Prevails on Motion for Summary Judgment

dandyline — Wed, 13 Feb 2013 17:24:11 +0000

Bevin Berube recently prevailed in a motion for summary judgment in the case of Galusha v. Farmers Insurance Exchange. The motion, drafted and argued by Ms. Berube, was granted and resulted in the defeat of all claims asserted by plaintiff and a judgment in favor of the defendant. Congratulations Bevin.

Kathleen Fellows Prevails on Anti-SLAPP Motion

dandyline — Wed, 13 Feb 2013 17:23:44 +0000

Kathy Fellows prepared and argued an Anti-SLAPP motion in the case of Lebow v. Lee. The motion was granted. As a result, our client is entitled to a defense verdict in the case and will recover all of her attorneys’ fees. These motions are a critical tool in protecting clients from meritless lawsuits.

Gabriele Lashly Named one of Law Angeles’ Women Leaders in the Law and one of the Top 100 Appellate Lawyers in California for 2013

dandyline — Wed, 13 Feb 2013 17:23:11 +0000

Slaughter & Reagan LLP is pleased to announce that its certified appeal specialist, Gabriele M. Lashly, has been selected as one of Los Angeles’ Women Leaders in the Law for 2013. In recognition of Women’s History Month, American Lawyer Media in partnership with Martindale-Hubbell will publish a free standing magazine distributed in the Los Angeles Times which will include Ms. Lashly.

Ms. Lashly has also been selected as one of the Top 100 Appellate Lawyers in the State of California for 2013 by the American Society of Legal Advocates and been invited to become a member of the American Society of Legal Advocates. The organization invites lawyers who combine stellar legal credentials with proven commitment to community engagement, leadership, and the highest professional standards. Membership is limited to no more than 2% of lawyers overall.

Ms. Lashly has previously been named one of Southern California’s SuperLawyers in 2010, 2011 and 2012. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Bill Slaughter’s Search & Rescue experience featured in VC Bar Assn “Citations” Journal

dandyline — Mon, 25 Jun 2012 22:54:15 +0000

Bill Slaughter – Attorney and Captain of the Upper Ojai Search and Rescue Team

(reprinted with permission of Citations)

By Gabriele M. Lashly

Bill Slaughter, a civil litigator and managing partner of Slaughter & Reagan LLP in Ventura, is an attorney with a life outside the law. In his other life, Bill is not only a devoted family man, but the captain of the Upper Ojai Search and Rescue Team.

Being on the search and rescue team was a natural evolution. Bill grew up in Santa Paula. During his high school years, Bill and his friends headed into the back country every weekend, exploring the local mountains and wilderness areas. This was the beginning of his lifelong passion for the outdoors. During a search for a friend, who fell to his death climbing a water fall in Santa Paula Canyon, Bill first saw the Upper Ojai Search and Rescue in action. It left a lasting impression.

After graduating from law school, Bill moved back to Ventura County in the early 1980s and settled in Upper Ojai. He began to practice law with Bill Fairfield in Ventura. Bill wanted to spend time outdoors and serve the community. By joining the Upper Ojai Search and Rescue Team in 1986, he combined both. When the longtime Captain Carl Hofmeister retired about ten years

ago, Bill’s Upper Ojai Search and Rescue Team members elected him to become their leader. According to Bill, “It was a great vote of confidence and trust in my abilities to be chosen as Captain by my fellow team members.”

The Upper Ojai Search and Rescue team is a volunteer organization that is governed by Ventura County Sheriff ’s Department. Bill’s mountain rescue team is one of six Search and Rescue teams throughout Ventura County. It has 30 volunteers, male and female, and includes members with varied occupations, such as optometrists, tree trimmers, contractors and local business owners.

Bill and his team are on call 24/7/365. Calls come often during the night and weekends, during winter storms or wild fires. Bill has gone out to find missing backpackers, to retrieve hikers stranded on cliffs, and to save motorists stalled in swift water creek crossings. The Search and Rescue unit plays a vital part in protecting not only lost hikers but all of us in cases of general emergencies. He and his teammates provide assistance in

fire-related evacuations and responded to mutual aide calls for emergencies throughout California. For example, Bill assisted in retrieving victims of the landslide in La Conchita, searching with shovels and by hand for bodies.

One memorable rescue occurred last year during a late winter storm. A group of hikers from the Sierra Club was missing in the back country. By sheer luck, Bill spotted the headlamps of the group 400 feet above Highway 33 at Potero John Canyon late at night. At the time, the search had been almost suspended due to the bad weather and lack of visibility. Bill’s discovery led to a dramatic all-night rescue and the hikers were successfully retrieved by helicopter. They suffered from hypothermia, but survived.

Bill and the other volunteers each spend hundreds of hours a year training for rescues and emergencies. Bill often uses his weekends for training, such as practicing swift water rescues or helicopter evacuations. The team volunteers over 3,000 hours a year on searches, rescues and training. That would be a lot of billable hours.

One can predict a heavy winter storm by looking in Bill’s office and seeing search and rescue rain gear along with a duffel bag full of equipment on the floor, ready to go. It is not unusual for him to come into the office in the morning after having been out the entire night on a rescue.

Like other team members, Bill invests hundreds of dollars of his own money to purchase equipment, such as climbing gear. “We need to do fundraising to provide for additional equipment, in particular in light of the budget crises,” Bill says. “Time to mark your calendars. The team will hold its annual fundraiser and barbeque at Bocalli’s in Ojai on October 7, 2012.” http://ojaisar.org .

Technology has not only changed the way we practice law, but also search and rescue operations. In the past, a captain had to communicate with his team through two- way radios which often were out of range. Now, every team member has a smart phone with a GPS, making it much easier for Bill to deploy rescuers. In addition, the Upper Ojai Search and Rescue has a state-of-the-art mobile command center and gets support from the Sheriff’s air unit, including its helicopters.

Bill is a member of the Ventura County Sheriff Foundation Board of Directors, and he uses his passion for the outdoors and his legal skills in assisting in pro bono cases involving back country issues, such as efforts to maintain public access to Matilija Falls. His experience in the back country has also helped him in litigating cases involving wild fires and mud slides.

Being an attorney prepared Bill to be a captain and vice versa. As Bill puts it, “Managing a law office and leading a rescue team is very similar. In both cases, I must bring together individuals with different backgrounds and abilities and make them work as a team to achieve success.”

Gabriele M. Lashly is a State-Bar certified appellate specialist, and an associate at Slaughter & Reagan, LLP

Slaughter & Reagan Obtained Another Appellate Victory for Homeowners Association

dandyline — Sun, 15 Apr 2012 20:16:33 +0000

In Lewow v. Surfside III Condominium Owners’ Association, the trial court entered judgment in favor of the Association after William M. Slaughter successfully the Association at trial against claims for damages and injunctive relief for alleged failure to repair and maintain the common areas. Plaintiff appealed the judgment. The Court of Appeal affirmed judgment in favor of the Association. The appellate court held that a condominium owner cannot recover as damages a portion of the costs of repairs or reimbursement necessary to maintain and repair the common area. Instead, the owner is limited to injunctive relief to force the Association to make the needed repairs. The Court of Appeal found that the trial court correctly denied injunctive relief because the Association had undertaken reasonable efforts to address the problems in the common areas. Lewow v. Surfside III Condominium Owners’ Association, 2d Civil No. B223628

The Court of Appeal also affirmed the award of attorney’s fees of almost $300,000.00 in favor of the Association. In a published decision the Court of Appeal clarified the rules regarding statutory filing deadlines and tolling of statute of limitations when a party files for bankruptcy. The Court of Appeal found that plaintiff’s bankruptcy stayed the filing of the motion for attorney’s fees. It also determined that the time to file the attorney’s fees motion, normally 60 days after service of notice of entry of the judgment was not tolled by the bankruptcy saty, but that the motion was due 30 days after dismissal of plaintiff’s bankruptcy petition. The Court of Appeal determined that the trial court correctly used its discretion to extend the time to file the attorney’s fees motion when the motion was filed 32 days after plaintiff’s bankruptcy was dismissed. Lewow v. Surfside III Condominium Owners’ Association (2012) 203 Cal. App. 4th 128

Summary judgment in favor of property management company is affirmed on appeal

dandyline — Sun, 15 Apr 2012 20:15:58 +0000

In another appellate victory, Gabriele M. Lashly, Slaughter & Reagan’s certified appeal specialist, successfully defended a summary judgment in favor of its clients on appeal. The negligent removal of a neon sign by a former tenant had caused a fire in a shopping center. The other tenants sued the former tenant for damages caused by the fire. The case settled. The former tenant then sued the management company for indemnification and contribution to the settlement. The Court of Appeal found that there were no triable issues of fact because the property management had no duty to the tenants of a shopping center to make sure that a tenant property removed the neon sign, it did not participate in the removal of the sign and the tenant’s lease provided that the tenant had the duty to remove the sign upon vacating the space.
NET TECH COMPUTER, INC., v. DMAC REAL PROPERTY, INC., Court of Appeal Case No. B230195

Jim Cole Appointed to Expedited Jury Trial Committee for Ventura County

dandyline — Sat, 25 Feb 2012 19:41:47 +0000

Jim Cole, who is a Board member of the Association of Southern California Defense Counsel, has been named to a special committee to assist the local courts in implementing the Expedited Jury Trial program. The goal of the committee is to develop local standards which will accelerate the use of the new system which will allow civil litigants to agree to a one day jury trial to resolve their disputes in a rapid, fair and efficient manner.