Kerr & Wagstaffe LLP

Kerr & Wagstaffe obtains reversal of summary judgment with instructions to dismiss in case over downpayment assistance in Washington June 11, 2018 On June 11, 2018, the Washington Court of Appeals Division I reversed a summary judgment against one of Kerr & Wagstaffe’s clients, remanding the action to be dismissed for lack of standing. ... The firm’s client, National Homebuyers’ Fund, Inc. (NHF), is a California nonprofit public benefit corporation that provides downpayment assistance to low-moderate income homeowners in connection with federally insured mortgages in various states including Washington. NHF was sued by the Washington State Housing Finance Commission, which also provides downpayment assistance to such homeowners. The Commission claimed that NHF was not legally authorized to provide downpayment assistance in Washington State. A trial court agreed, granting summary judgment to the Commission and enjoining NHF from providing downpayment assistance in Washington. Kerr & Wagstaffe, working with Washington co-counsel at McNaul Ebel, filed an appeal. Kerr & Wagstaffe partner Michael von Loewenfeldt presented oral argument to the court. Mr. von Loewenfeldt is certified as an appellate specialist by the State Bar of California Board of Legal Specialization and leads the firm’s appellate practice. The Court of Appeals reversed, holding in a unanimous opinion that the Commission lacked standing to sue to enjoin NHF’s activities in Washington because the Commission has neither enforcement power nor any monopoly right to avoid competition from NHF. The Court also held that the Commission’s assertions that NHF’s activities cost the Commission to lose business were merely speculative and do not satisfy the standing requirement of injury in fact. The Washington Court of Appeals’ opinion can be found here http://www.courts.wa.gov/opinions/pdf/765108.pdf

Kerr & Wagstaffe obtains reversal of summary judgment in pregnancy discrimination claim On May 23, 2018, the Court of Appeal for the First District reversed a summary judgment against one of Kerr & Wagstaffe’s clients, remanding the action for further proceedings on her pregnancy discrimination claim under the California Fair Employment and Housing Act (FEHA). Ada Abed sued Western Dental Services, Inc. for pregnancy discrimination after she was told there was no job in We...stern’s Napa office at the conclusion of her externship. In January 2017, the Napa County Superior Court held that Ms. Abed’s claim was barred as a matter of law because she did not submit an application (for the job she was told did not exist). Kerr & Wagstaffe filed an appeal, and the First District reversed. The Court of Appeal’s published opinion holds that the plaintiff need not establish any particular element [of a prima facie case] so long as he or she ultimately presents enough evidence to support an inference that an employment decision was discriminatory. Employers who lie about the existence of open positions are not immune from liability under FEHA simply because they are effective at keeping protected persons from applying. Ada Abed v. Western Dental Services, Inc., No. A150933 (Cal. Ct. App. 1st Dist. May 23, 2018). The appeal was handled by Kerr & Wagstaffe attorney Michael von Loewenfeldt, who is certified as an appellate specialist by the State Bar of California Board of Legal Specialization and leads the firms appellate practice. The Court of Appeal’s opinion can be found here. http://www.courts.ca.gov/opinions/documents/A150933.PDF

The devastating wildfires in California in 2017 and prior years have encouraged California lawmakers to propose groundbreaking and novel changes to the Insurance Code. Three new bills in particular, could make disaster damage much simpler to resolve in the future, and could have the biggest effect on future claims and current underwriting practices. Read Dan Veroff's article in the Spring 2018 issue of the ABA's Tort Trial & Insurance Practice Committee News at: https://www.americanbar.org//insurance_regulation_spring_2

Kerr & Wagstaffe LLP is offering a free presentation on Friday April 13th from 9:00 - 10:00 am at the Sonoma County Farm Bureau Building in Santa Rosa. The presentation will provide attendees with important information pertaining to their insurance claims, including how to deal with claim denials, claim delays, underinsurance issue and reformation. Register at: https://www.insurancelawcoverage.com//complimentary-prese/

Dan Veroff has written an article in the ABA Tort Trial & Insurance Practice Committee News discussing how California consumers in high risk areas, known as the wildland urban interface (WUI) are rapidly losing affordable coverage. The ABA publication can be found here: https://www.americanbar.org//ESLR_winter_2018.authcheckdam

Michael von Loewenfeldt comments in a Daily Journal article covering the State Auditor's request for direct appeal to the State Supreme Court in dispute with the CJP https://www.dailyjournal.com//346365-state-auditor-wants-t

Partner Frank Busch provides insights in The Recorder on foreign discovery hurdles in California Courts. His article can be found at: https://www.kerrwagstaffe.com//Frank-Busch-Recorder-Reprin

Law360 Names Attorneys Who Moved Up the Firm Ranks in Q4 See the article here: https://www.law360.com//law360-names-attys-who-moved-up-th

Some more press about the fraudulent claims in Opperman v. Kong Technologies.

Partner Michael von Loewenfeldt was quoted in the below article about fraudulent claims in our case Opperman v. Kong Technologies.

Kerr & Wagstaffe wins lawsuit for Commission on Judicial Performance On December 19, 2017 the San Francisco Superior Court granted a complete victory to the firm’s client, the Commission on Judicial Performance, in its suit to stop Elaine Howle, the California State Auditor, for accessing its confidential records during the audit. The Court recognized the longstanding confidentiality provided to complaints and investigations to the Commission, and the Commission’s constituti...onal power to determine which records of such complaints and investigations are confidential. The Court’s decision is linked below. The State Auditor’s office has stated that it will appeal the decision. Press links: https://www.courthousenews.com/complaints-against-californ/ http://www.sfchronicle.com//Judge-says-state-records-of-ju https://www.law.com//state-auditor-cant-pry-open-judicia/ https://www.dailyjournal.com/articles/345372

Kerr & Wagstaffe was selected by the Daily Journal as one of the Top Boutiques in California for 2017. Read the Daily Journal's article about our firm at the link below.

Some press from Friday's hearing in Commission on Judicial Performance v. Howle