2011
|
Appeal
|
Dakota Payphone, LLC v. Hugo Alcaraz. Our client prevailed on a case where defendant appealed entry of judgment against him claiming it should be set aside as it was obtained through mistake and fraud on the part of his prior attorneys. The Cout of Appeal upheld the $45,000,000 judgment on February 2, 2011. |
|
Trial Verdict
|
Grotewold v. Derrick Willies, Plaintiff filed a complaint alleging violation of civil rights for excessive force and false arrest. Plaintiff asked jury for $1.5 million. A defense verdict for all claims rendered. |
|
Trial Verdict
|
Hasso v. J & J Real Estate et. al., Plaintiff filed a complaint alleging breach of fiduciary duty and fraudulent conveyance. Plaintiff was seeking $20 million in damages. The court granted defendants motion for nonsuit and awarded defendant costs. |
|
Trial Verdict
|
Express Watch Repair Inc., v. John Nolan et al. Judgment for $250,000 on behalf of client following a jury trial. The jury trial found that the defendant had converted business assets of the plaintiff. |
|
Trial Verdict
|
Warner v Rio Plaintiff filed a complaint alleging negligence, battery and elder abuse. A defense verdict for all claims rendered. |
2010
|
Trial Verdict
|
Vivian McKinn v. County of San Bernardino. Plaintiff filed a lawsuit in federal court alleging civil rights violations for claims of cruel & unusual punishment under the 8th Amendment, along with various supplemental state tort claims asserting a class action. The class action was dismissed and the rest of the claims went to trial. The plaintiff did not prevail on any federal civil rights claims; therefore there was no award of attorney's fees. The jury awarded the plaintiff $49,000 based upon a negligence claim. |
|
Trial Verdict
|
Mauro Galarza v. County of San Bernardino, et. al. Plaintiff filed a complaint alleging violation of civil rights for excessive force, unlawful seizure and deprivation of due process. Defendant deputies were dispatched to an illegal cock fight where the plaintiff was in attendance along with approximately one hundred other individuals. The patrons were alerted to law enforcement and scattered. The plaintiff alleges that he was assaulted by unknown deputies. A defense verdict was rendered. |
|
Demurrer
|
Hottinger v. County of San Bernardino et. al., Demurrer granted without leave as to all defendants. This case involved a fatal shooting of a suspect by an officer. |
|
Summary Judgment
|
Mejia v. County of San Bernardino et. al. Plaintiff filed complaint naming defendants from five county departments alleging many theories arising from the execution of a warrant. Motion for summary judgment granted as to all defendants on all claims for relief. |
|
Settlement
|
Morgan v. Price, Representation of a senior citizen who had been severely beaten by an individual during the course of a robbery. The case at trial for $525,000.00. |
2009
|
Trial Verdict
|
Aragonez, et al. v. County of San Bernardino. This was the second jury trial over a lawsuit alleging excessive force, excessive detention and false arrest violations against a San Bernardino County Sheriff Deputy and a California Highway Patrol Officer. Plaintiffs were arrested for 647f and on their way to jail kicked out the windows of the patrol vehicle. The felony vandalism charges were later dismissed and their civil rights claims went to trial. The second trial resulted in a verdict for plaintiffs. Plaintiffs were awarded $3,000 and 4,000 respectively. |
|
Trial Verdict
|
Moore, et al. v. Conley. This was a shooting case that resulted in a lawsuit for claims for violations of civil rights which included a wrongful death and survival action against the County of San Bernardino and a Deputy. |
|
Mistrial
|
Aragonez, et al. v. County of San Bernardino. Plaintiffs filed a lawsuit alleging excessive force, excessive detention and false arrest violations against a County of San Bernardino Sheriff Deputy and a California Highway Patrol Officer. Plaintiffs were arrested for 647f and on their way to jail kicked out the windows of the patrol vehicle. The felony vandalism charges were later dismissed and their civil rights claims went to trial. The jury was unable to reach a unanimous verdict and a mistrial was declared. |
2008
|
Trial Verdict
|
Alemazkour v. County of San Bernardino. Plaintiff alleged deputies used excessive force and arrested him without justification or probable cause after he called the Sheriff's Department to report his wife was physically abusing their children. Jury found in favor of defendants. |
2007
|
Trial Verdict
|
Yacobucci v. County of San Bernardino. This case involved civil rights excessive force claims involving the use of multiple blows from a baton. The jury trial lasted four weeks. |
|
Appeal
|
Maragno v. County of San Bernardino. This is a case where summary judgment was granted on the issue of no duty owed by the Sheriff's Department in providing assistance to a 911 caller which resulted in a death. This summary judgment was affirmed on appeal by the Fourth District Court of Appeal. |
2006
|
Appeal
|
Brittain v. Campbell. The Ninth Circuit reversed the trial court's denial of qualified immunity for a San Bernardino County Sheriff Deputy. The Deputy was enforcing a child custody order and was sued for violating the Fourteenth Amendment for his interference with the family relationship between two divorced parents. The Ninth Circuit ruling further delineated the issue of qualified immunity for police officers. |
|
Appeal
|
Sherburne v. County of San Bernardino. Summary judgment was granted to the County of San Bernardino on various civil rights claims and state tort claims arising out of the execution of search warrants and seizure of property. The summary judgment was affirmed on appeal before the Fourth Appellate District and the California Supreme Court denied review. |
2005
|
Trial Verdict
|
Gile v. County of San Bernardino, et al. This was a federal jury trial involving civil rights excessive force claims and wrongful arrest. |
|
Trial Verdict
|
Center v. County of San Bernardino, et al. This was an employment case alleging termination based upon retaliatory actions in violation of the Plaintiff's First Amendment rights to freedom of speech and association. The defense verdict was rendered after approximately an 8 day federal jury trial. The Ninth Circuit upheld the defense verdict on appeal. |
|
Dismissal
|
Zwick v. County of San Bernardino, et al. Federal jury trial involving civil rights wrongful arrest and failure to train. Plaintiff's counsel dismissed after summary judgment was granted by the Court on key issues of the case. |
Published Cases:
Dakota Payphone LLC v. Alcaraz, (2011) 192 Cal. App. 4th 493
Brittain v. Campbell, 451 F.3d 1982 (9th Cir. 2006)
Mabe v. County of San Bernardino, et al., 237 F.3d 1101 (9th Cir. 2001)
Day v. City of Fontana, et al., (2001) 25 Cal.4th 268, 105 Cal.Rptr.2d 457
This list is not illustrative of all the numerous cases successfully resolved
2004 and other past years available upon request.



Wagner & Pelayes, LLP named one of the Best Firms in the Inland Empire Magazine.