Kirsher, Winston & Boston, Law Corporation

LAKE SHASTINA CSD PREVAILS ON APPEAL In 2016, the Lake Shastina Community Services District, represented by its General Counsel, KWB’s Robert Winston, prevailed in an action brought against the District and its officers the year before by a local resident, Corrine Moller, who purported to be acting on behalf of some of her Lake Shastina neighbors. The plaintiffs contended that the District’s contract, made more than ten years ago, for the establishment of the Lake Shastina Me...dical Clinic, was illegal and that the District should not have purchased the clinic building from the developer. Early in the litigation, on Winston’s motion, the Siskiyou County Superior Court rejected the plaintiff’s arguments and dismissed the case, awarding the District its court costs. Moller appealed, but the Court of Appeals, in Sacramento, has affirmed the judgment. So, after two years of litigation, and well in excess of $100,000.00 of taxpayer funds expended by the District to defend itself, the case is now closed. The District was entitled to recover its costs from Moller, but its newly-appointed Board of Directors, now consisting, in part, of supporters of the Moller lawsuit, has not filed papers with the Court to collect that money. This was the second successful representation of the District by attorney Winston in a lawsuit in as many years. Last year, on its behalf, he won a $30,000.00 judgment against the Lake Shastina Property Owners Association, which had refused to pay its full share of Lake Shastina administrative expenses. Winston served as the District’s General Counsel for more than 30 years, along with his representation of other clients in both the public and private sectors. He has a long history of public service, holding positions as legal counsel to four Siskiyou County cities and other local public agencies, and terms as an elected or appointed official for several. This length and breadth of Winston’s public agency experience also supports his work for private clients, especially when they are dealing with cities, counties, and districts.

Recently, KWB’s Robert Winston, in his role as General Counsel to the Lake Shastina Community Services District, prevailed in a proceeding brought against the Lake Shastina Property Owners Association, for money owed to the District. The amount awarded to the District exceed $24,000.00 This week, Winston’s motion to also recover attorney fees and costs expended by the District was also granted, in the full amount requested, in excess of $7,500.00 This should be the conclusio...n to a two-year-long controversy between the District and the Association over the latter’s refusal to reimburse the District for half of the salary and benefits of the General Manger who served them jointly until early 2015. The case was heard by professional arbitrator, Ernest A. Long, of Sacramento. A Sacramento law firm represented the Association. This outcome evidences how arbitration can provide timely dispute resolution at a reasonable cost. There was a general agreement between the parties as to the facts, so the entire case was argued by written briefs, without the necessity of testimony. As a result, the attorney fees were significantly lower than they would have been, had the matter been litigated through the Superior Court, where it is not uncommon for attorney’s fees to be measured in the tens of thousands. Winston has served as the District’s General Counsel for more than 30 years, along with his representation of other clients in both the public and private sectors.

KWB CLIENT, LAKE SHASTINA CSD, PREVAILS IN ARBITRATION Contracts often provide that disputes between the parties are to be resolved through binding arbitration rather than through court proceedings. Such an arbitration requirement was included in the written agreement between the LAKE SHASTINA COMMUNITY SERVICES DISTRICT and the LAKE SHASTINA PROPERTY OWNERS ASSOCIATION for the sharing of certain administrative expenses, including the wages of personnel who provide services... to both organizations. The District employed a General Manager for itself and to hold a similar position for the Association. His employment agreement entitled him to compensation in the event his contract was terminated before the end of its stated term. Upon his termination, the District paid him that compensation and sent the Association a bill for its share. When the Association refused to pay, the District demanded that the dispute be decided by arbitration. The District’s General Counsel of some 30 years, Robert Winston, of KWB, represented the District in the arbitration. The Association hired an attorney from Sacramento. Both sides submitted briefs and other evidence and the matter was submitted for decision. On January 10th, 2017, Sacramento arbitrator, Ernest Long, issued his decision, awarding the District $24,048.59, plus interest, attorney fees, and costs. This is a good example of the effective use of arbitration in lieu of a court proceeding. If this matter had been litigated in Court, the amount of time and expense required would have been significantly greater on all sides.

KWB OBTAINS DISMISSAL On December 29th, at the request of Kirsher Winston & Boston, the Siskiyou County Superior Court effectively dismissed two of the latest in a series of more than a dozen lawsuits, that have been filed over the past 30 months against the Hornbrook Community Services District and its officers. The unsuccessful actions were brought by Kimberly Olson and Roger Gifford, who alleged that the District's Board had violated the Brown Act. Visiting Superior Co...urt Judge Frank Dougherty, sustained the District's Demurrers (objections) to the Complaints in each case, without leave to amend, rejecting the arguments of Olson and Gifford and finding that their lawsuits were so completely lacking in merit as to be considered frivolous. As a result, Judge Dougherty also ordered Olson and Gifford to pay the District's attorney fees and court costs. Further court proceedings will be held in the coming weeks to determine the amount of the fees and costs to be paid. KWB has represented the District in all of the lawsuits filed against it in the Superior Court. The District has so far prevailed in all of those in which a final determination has been issued. We will keep you updated as to the progress of the remaining matters.

Wishing everyone a Happy Holidays and a wonderful New Year from our family here at KWB. As the New Year approaches it is perfect time to begin thinking about your estate planning, corporate or other legal needs. Please do not hesitate to contact our firm. We offer a wide variety of legal services, everything from simple document assistance and notary services, to estate planning, civil litigation, family law, corporate planning, and much more. Let us help make your New Year great and stress free. We look forward to working with you.

We are looking for a Legal Secretary, full time, salary BOE, please send your letter of interest and a resume to P.O. Box 177, Mount Shasta, CA 96067, KWB Law Firm attention to Robert D. Winston, Esq.

SHASTINA BOARD DEFENDANTS KWB's Robert Winston has been hired to defend the three members of the Board of Directors of the Lake Shastina Community Services District that were recently sued by a property owner who did not agree with the Board's... action in March to settle the litigation the District had with DECO over the Lake Shastina Medical Clinic, saving the District tens of thousands of dollars and ensuring that the clinic will be able to continue to provide services to the Lake Shastina community. The KWB firm will also represent the District in that case. Mr. Winston has filed motions to dismiss all or part of the action and for reimbursement of his clients' attorney fees and court costs. Those motions are scheduled to be heard in early December and Mr. Winston states he believes they are likely to be granted. Mr. Winston has served as legal counsel to the Lake Shastina Community Services District for some 30 years.

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FREE LEGAL CONSULTATIONS FOR WEED FIRE VICTIMS! If you are a victim of the Weed fire, and need assistance with any legal matter, the attorneys and staff at Kirs...her, Winston & Boston will meet with you and waive the usual initial consultation fee. Call us at 938-3438 or 926-3444 to make an appointment to meet with us at our Weed office, located at 150 Alamo Avenue , for any of the following times: Mondays between 4-5 pm Thursdays between 10-11 am Fridays between 2-3 pm Appointments for other days and times can also be made for our Weed, Mt. Shasta, or Yreka offices. We provide a wide variety of legal services. Notary services are also available.