LaPlante Spinelli Donald Nott, Sacramento Courthouse, Trial Lawyers

Representative Cases


Appellate

Saenz v. Whitewater Voyages, Inc. (1990) 226 Cal.App.3d 758; Ferrari v. Grand Canyon Dories (1995) 32 Cal.App.4th 248;
Saenz v. Whitewater Voyages, Inc. (1990) 226 Cal.App.3d 758; Ferrari v. Grand Canyon Dories (1995) 32 Cal.App.4th 248; cases involving waiver and assumption of the risk of severe whitewater rafting injuries.

Clemes v. Del Norte Unified School District (ND Cal. 1994) 843 F.Supp. 583
Clemes v. Del Norte Unified School District (ND Cal. 1994) 843 F.Supp. 583 – racial discrimination case brought by teacher for the purported benefit of students against school district and employees under Titles VII and IX.  FRCP 12B6 motion granted in favor of all defendants.

Couch v. San Juan Unified School District (1995) 33 Cal.App.4th 1491
Couch v. San Juan Unified School District (1995) 33 Cal.App.4th 1491 – summary judgment granted in favor of district and personnel in action by former teacher alleging libel, invasion of privacy and infliction of emotional distress.

Rio Linda Unified School District v. Superior Court (1997) 52 Cal.App.4th 732
Rio Linda Unified School District v. Superior Court (1997) 52 Cal.App.4th 732 – obtained writ of mandate granting summary judgment from Third District Court of Appeal in case alleging personal injury to special needs student due to dangerous condition of public property.

McMackins v. Elk Grove Unified School District (ED Cal. 1998) 21 F.Supp 1201
McMackins v. Elk Grove Unified School District (ED Cal. 1998) 21 F.Supp 1201 – ADA, failure to accommodate and wrongful termination claims of former teacher defeated on summary judgment by establishing that plaintiff was not a qualified person under statutory scheme.

Knight v. Hayward Unified School District (2005) 132 Cal.App.4th 121
Knight v. Hayward Unified School District (2005) 132 Cal.App.4th 121 – successful defense of school district’s employment benefits package that lacked medical coverage for in vitro fertilization.  In a case of first impression in California, the First District Court of Appeal agreed with the defense position that the group health benefit coverage for other forms of fertility treatment (which had failed in the case of the plaintiff) and that the coverage was the same for all participants, was not discriminatory for excluding IVF treatment. 

Federico v. Superior Court (1997) 59 Cal.App.4th 1207
Federico v. Superior Court (1997) 59 Cal.App.4th 1207 – obtained Writ of Mandate from Third District Court of Appeal directing entry of summary judgment for employer who plaintiff alleged was liable for an employee’s sexual molestation of plaintiff minor whom he met at the worksite.

Renda v. Sacramento City Unified School District (Case No. C034629 - Third District Court of Appeals)
Renda v. Sacramento City Unified School District (Case No. C034629 - Third District Court of Appeals) - obtained summary judgment in favor of its client, the Sacramento City Unified School District, in a gender discrimination and retaliation claim brought under the Fair Employment and Housing Act.  The Third District Court of Appeal agreed with the trial court's dismissal of plaintiff's gender and sexual harrassment claims because she failed to come forward with any admissible evidence to support her claims, she failed to comply with the statute of limitations and she could not establish a hostile work environment.

Ferrari v. Grand Canyon Dories (1995) 32 Cal.App.4th 248
Ferrari v. Grand Canyon Dories (1995) 32 Cal.App.4th 248 - represented the sponsor and conductor of a white water rafting trip that obtained summary judgment in the trial court by utilizing the primary assumption of risk defense.  The Third District Court of Appeal upheld the decision in favor of the clients by holding that the conduct of the sponsor did not increase the risks inherent in the white water rafting activity.  This case provided a substantial development in the primary assumption of the risk doctrine in the State of California.

Eaton v. City of Grass Valley (Case No. 59522)
Eaton v. City of Grass Valley (Case No. 59522) - defended the City of Grass Valley in a case involving an alleged dangerous condition of public property.   The firm obtained a Motion for Summary Judgment in favor of the City in a case involving a line of sight issue and substantial personal injury to the plaintiff as a result of a motor vehicle accident at a corner.  The firm established a lack of causation between any condition for which the City was responsible and Plaintiffs substantial personal injury.  The ruling was upheld by the Third District Court of Appeal.

Ponce-Bran v. Sacramento Natural Foods Cooperative, Inc., et al. (2000) US App. Lexis 11576
Ponce-Bran v. Sacramento Natural Foods Cooperative, Inc., et al. (2000) US App.Lexis 11576 - successfully represented all defendants in a race, gender and national origin discrimination claim from the United States District Court and the Ninth Circuit Court of Appeals by proving a legitimate business purpose in the hiring decision when a better qualified candidate applied for the same job. 

Great American Surplus Alliance Insurance Company v. Ace Oil Company, et al., (ED Cal 1988) 120 FDR 533
Great American Surplus Alliance Insurance Company v. Ace Oil Company, et al., (ED Cal 1988) 120 FRD 533 - represented the defendant in a case involving insurance coverage for "environmental impairment liability".  The case published by the United States District Court involved the application of the attorney-client privilege and attorney work product doctrine to material exchanged between an insured and their insurance carrier. 

Fireman's Fund Insurance Company v. Allstate Insurance Company (1991) 234 Cal.App.3d 1154
Fireman's Fund Insurance Company v. Allstate Insurance Company (1991) 234 Cal.App.3d 1154 - represented the defendant carrier in an insurance coverage case involving the Highway Carriers' act and delved into what accounts for sufficient compliance with the Public Utilities Commission insurance requirements.  Edson, Laplante & Spinelli recovered $750,000 plus pre-judgment interest for the client.

Sparks v. City of Wheatland, et al. (Case No. C035782)
Sparks v. City of Wheatland, et al. (Case No. C035782) - the Third District Court of Appeal affirmed the trial court's order granting defendants' demurrer in a case involving wrongful death and a policy agency's alleged failure to apprehend or prevent a drunken driver from operating a motor vehicle on public roads. 

Yazel v. Sacramento City Unified School District (2000) US App. Lexis 33592
Yazel v. Sacramento City Unified School District (2000) US App. Lexis 33592 - represented the Sacramento City Unified School District and individual employees successfully in the District Court and the Ninth Circuit Court of Appeals by arguing that a plaintiff's discrimination claims until Title VII and FEHA failed to establish a prima facia case of discrimination, and wrong termination, in a reverse gender discrimination case.

Customer Company v. City of Sacramento (1995) 10 Cal.4th 368
Customer Company v. City of Sacramento (1995) 10 Cal.4th 368 - successful defense of City of Sacramento and its police officers in a civil rights case involving municipal liability for destruction of private property by police in the course of apprehending an armed and fleeing felon barricaded in local convenience store. A case of first impression decided by the California Supreme Court that serves as important training for police agencies.



Back to Representative Cases