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FIRM NEWS
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Firm Welcomes New Associate, Oona E. Mallett
Kroloff,
Belcher, Smart, Perry & Christopherson is pleased to announce that
Oona E. Mallett has become an associate with the firm. Oona is a 2003
graduate of University of the Pacific, Stockton, with a B.A. in Global
Economic Relations as well as a B.A. in Spanish. She holds an M.A.,
also in Spanish, from the University of California, Davis.
Oona received her J.D. in 2009 from University of the Pacific,
McGeorge School of Law, graduating with Great Distinction and Order of
the Coif. While at McGeorge, Oona was awarded the Witkin Award:
Professional Responsibility (Fall 2008), was a Student
Member of the Anthony M. Kennedy American Inn of Court (2008-2009) and
was a Primary Legislation Editor and a Primary Articles & Symposium
Editor for the McGeorge Law Review during the 2008-2009 school
year. Oona is admitted to the California Bar and is a member of the
State Bar of California as well as the San Joaquin County Bar
Association.
Scott Rooker Joins Stockton Chorale
Scott
Rooker has become a member of the Stockton Chorale. Founded in
1951, the Stockton Chorale boasts approximately 100 singers from all
over the Central Valley, and performs several concerts every year.
This spring the Chorale will be featuring Mendelssohn's Lobgesang:
Hymn of Praise and Ray's Gospel Mass.
Mr.
Rooker has been singing since childhood, and has participated in many
university and church choirs, including the Brigham Young University
Men's Chorus, Delta Singers, and Delta Chorale. He is excited to
be a part of such a venerable Stockton institution, and to be able to
keep singing.
Schrum To Serve a Second Term as Chair of the
Board of Directors of the YMCA of San Joaquin County
Partner
Laurie Bell Schrum was elected to serve a second term as
the Chair of the Board of Directors of the YMCA of San Joaquin
County. The YMCA of San Joaquin County was founded in 1885. It
is governed by a volunteer Board of Directors who are committed to
the YMCA's mission of building strong kids, strong families, and
strong communities.
The attorneys of Kroloff, Belcher, Smart, Perry & Christopherson have a
long tradition of community involvement and volunteerism. Ms. Schrum
continues in the footsteps of partner Thomas O. Perry, who served on
the Board of Directors of the YMCA of San Joaquin County for many
years, and who also previously served as the Chair of the Board.

Court of Appeal Affirms Firm's Defense Verdict in
Medical Malpractice Action
The
Court of Appeals, Third Appellate District, in an unpublished
opinion, affirmed judgment in favor of the firm's client, an
emergency physician, after a jury found that our client was not
negligent in the diagnosis and treatment of the plaintiff.
Plaintiff appealed the judgment maintaining that the trial court
erred in certain evidentiary rulings. The court of appeal,
after oral argument, found that plaintiff's arguments and briefs
were devoid of support and affirmed the trial court, awarding our
client costs of the appeal. Partner, Thomas O. Perry
represented our client at the trial in 2007. Kathleen M.
Abdallah was appellate counsel.

Firm Successfully Resolves Client's Case After
Serious Rear-End Collision
Partner
Thomas O. Perry, working in conjunction with associate Joshua Stevens,
successfully resolved a plaintiff's rear-end automobile accident case
prior to trial. The client sustained neck and shoulder injuries
after being rear-ended in Modesto, California in 2007. Mr. Perry
and Mr. Stevens recovered $125,000 for the client.
Defendant's insurance company disputed liability and contended that
the client sustained no lasting injuries in the accident.
As a result of Mr. Perry's and Mr. Stevens' diligent handling of the
matter, the client received just compensation for his injuries.

Rooker Speaks to Realtors
Associate Scott Rooker
recently presented a program on current developments in real
estate law to over 30 members of the Amador Association of
Realtors. Mr. Rooker discussed several recent California
cases, and followed up with a question-and-answer period, where
the members asked questions about arbitration agreements, "toxic"
mold cases, and issues related to buying foreclosed properties.

Lim Concludes Wage and Hour Class Action
Partner
Velma Lim obtained closure of a Superior Court class action case
for alleged meal period violations against a state-wide trucking
company client within months of the lawsuit's inception. A
current employee brought the lawsuit on behalf of all current and
past employees for a four year time period, which could have
included hundreds of members of the potential class. With hard
work and cooperation by the client, much data and evidence was
produced to show that class membership would likely be quite
small, which was an impetus to quickly conclude the case on a
confidential basis.
In
class actions, the assigned Judge closely monitors the case
progression and issues various orders as necessary. A key point
in a class action is the court hearing where the Judge makes the
decision whether to grant or deny certification of the specific
class of plaintiff employees. Concluding a class action at the
"precertification" stage short-circuits protracted legal work and
risk of liability exposure, as well as saves much time and
litigation expenses for the client.
Associate Scott Rooker and paralegal Leslie Fontes provided
assistance in this class action case.

Partner Closes Major Real Estate Transaction
Partner Kim Smith
recently represented Woodbridge Center East, LLC in the sale of a
shopping center parcel in Manteca. The transaction successfully
closed on September 3. The client continues to own most of the
remainder of the shopping center located at the northeast corner
of Union Road and Lathrop Road.

Reynolds Joins Board of The Children's Museum
Associate
Matthew S. Reynolds recently became a member of the Board of Directors
of the Children's Museum of Stockton. The Children's Museum, located
near Stockton's downtown waterfront, has provided educational and
entertaining exhibits for its young visitors for more than two
decades. The Board of Directors raises funds and provides
improvements for the museum. To learn more about the Children's Museum
of Stockton, see
http://www.stocktongov.com/Childrensmuseum/.

Firm Closes Multi-Million Dollar Loans
Partner
Laurie Bell Schrum and associate Matthew S. Reynolds, with backup from
partner Gary Christopherson, recently closed a complex series of loans
totaling more than $25 million for our client, a regional health care
provider. The loans – commonly referred to as "HUD-insured loans" or
simply "HUD loans" – are insured by the U.S. Department of Housing and
Urban Development and are secured by numerous skilled nursing and
mental health facilities located throughout Central and Northern
California. Due to the involvement of HUD, the loan process and
documentation required are far more cumbersome than in "typical"
commercial secured property loans.

Krueger Presents Scholarship Award at Pacific
Legal Scholars Program Welcome Reception
On
August 23, 2009, associate Kerry Krueger presented
University of the Pacific sophomore Kelly Volkar with the inaugural
Barristers' Scholarship.
Ms. Krueger presented the award, which is generously supported by
the Barristers' Section of the San Joaquin County Bar Association,
as part of the festivities surrounding the Pacific Legal Scholars
Program Welcome Reception.
The reception was well-attended by incoming and returning
students, faculty and members of the Stockton
legal community.
During her
presentation speech, Ms. Krueger emphasized the virtues of the Legal
Scholars Program and thanked the program's director, Dr. Cynthia
Ostberg, for allowing the local legal community to be a part of the
program's success.
Kroloff, Belcher, Smart, Perry & Christopherson would like to
congratulate Ms. Volkar for her achievement in receiving the
Barristers' Scholarship and wish her continued success.
Reynolds Graduates from Leadership Stockton
On
June 11, 2009, associate Matthew S. Reynolds graduated from
Leadership Stockton, a prestigious
community-based leadership training program which has been provided
by the Greater Stockton Chamber of Commerce for over 27 years. The
program, which has analogs throughout the country, boasts among its
alumni current San Joaquin County Sheriff Steve Moore and former
City of Stockton Mayor Ed Chavez. Leadership Stockton focuses on
providing participants with functional knowledge of all aspects of
the local community, including the local government, the non-profit
sector, and law enforcement.
Kroloff, Belcher, Smart, Perry & Christopherson has been an active
supporter of Leadership Stockton almost from its inception. The
firm boasts a large number of program graduates, including partners
Velma Lim (Class of 1985), Allison Cherry Lafferty (Class of 2002),
and Laurie Bell Schrum (Class of 2004). To learn more about
Leadership Stockton, see
http://www.leadershipstockton.com.

Lafferty Speaks at the Trial Attorneys of America
Annual Meeting in Chicago

Allison
Cherry Lafferty spoke, in June, at the
Trial Attorneys of America annual
meeting. Trial Attorneys of America is a nationwide organization
dedicated to the defense of product liability litigation. Ms.
Lafferty is a member of the organization and participated in a
presentation entitled "Keys to Successfully Defending a Catastrophic
Injury Case." Ms. Lafferty discussed her experiences in a major
catastrophic injury action and the effective use of a statistician as
an expert in the defense of a products liability claim.

Firm Successfully Resolves Client's Case After
Serious Slip and Fall Injury

Joshua Stevens successfully resolved a
plaintiff’s slip and fall case at mediation. The client sustained a
serious back injury after entering a local area major supermarket and
slipping in a large puddle of water when no rubber mat was present in
the entryway. Without proceeding to trial, Mr. Stevens recovered
$225,000 for the client.
Defendant disputed liability and the extent of the client’s
damages, and contended the client was comparatively negligent.
Nevertheless, Mr. Stevens’ careful work-up of the case generated just
compensation for the client’s injuries and losses.

Krueger Gives Presentation to Greater Stockton
Employer Advisory Council
In May, Kerry L. Krueger gave a
presentation to the Greater Stockton Employer Advisory Council (GSEAC)
on the topic of "Hiring to Avoid Firing". Ms. Krueger provided
tips to
business owners, managers
and HR professionals on the tactics of making smart hiring decisions
to avoid the turmoil of terminations.

Associate Runs Boston Marathon
Kroloff,
Belcher, Smart, Perry & Christopherson is proud to announce that
Kerry Krueger completed her 8th Boston Marathon this month. This is
Ms. Krueger's 31st marathon. She is one of only two runners
from Stockton to qualify and run the race. Her time in the 2009
race qualified her to run next year. Congratulations Kerry!

Partner Elected Chairman of the Board of
Port Commissioners of the Stockton Port District
Gary
Christopherson was elected the Chairman of the Board of Port
Commissioners of the Stockton Port District in February 2009.
This begins Gary's 11th year as a port commissioner and his second
term as Chairman.
The deep water Port of Stockton is the second largest inland port
on the west coast and trades internationally with over four dozen
countries.

Jury Denies Medical Malpractice Claim
Partner Thomas
O. Perry, tried a
case in Alameda County on behalf of a Nurse Practitioner working in an
Emergency Room.
The patient alleged she was injured because a neck fracture, later
discovered, was not diagnosed in the Emergency Room. Perry presented
evidence that established, under the circumstances, there was no
reason to suspect a fracture, with all signs pointing to a simple neck
strain. He also presented evidence to establish that the patient did
not suffer any significant harm as a result of the delay in diagnosis.
After a short deliberation, the jury agreed, and exonerated our
client.
Tom reports that his stay in downtown Oakland was pleasant, and an
interesting change from our usual venues.

Partner Named "Super
Lawyer"
For
the fourth year in a row, Christopher Engh was named a "Super
Lawyer" for Northern California in the area of estate planning by
Northern California Super Lawyers magazine. The "Super
Lawyer" selection process includes peer nominations from throughout
Northern California, a blue ribbon panel review and independent
research of each candidate. Those selected represent the top 5% of
attorneys in the Northern California area.

California Litigation Review
Gary Christopherson, Kathleen Abdallah and Allison Cherry Lafferty
recently published an article summarizing developments in evidence law
for the California Litigation Review, a publication of the Litigation
Section of the California State Bar. Mr. Christopherson, Ms. Abdallah
and Ms. Lafferty have contributed to this valuable publication for a
number of years.

Firm Successfully Resolves Nasty Dispute in Arbitration
A case the firm handled presented a dilemma. Two healthcare
providers, including our client, had opposing versions of events
surrounding care provided to a patient. If aired in open court, the
patient would benefit from the spectacle of defendants’ fighting
amongst themselves as to what was said and done. To avoid this, we
proposed that the defendants negotiate a settlement with the
plaintiff, with the question of who would be responsible to be decided
in a private arbitration. A settlement was agreed upon with the
patient. After a one day hearing, a neutral arbitrator rendered a
binding decision exonerating our client from liability, and placing
the responsibility elsewhere.
The case strategy was developed by Tom Perry, who represented our
client at the arbitration. Other attorneys working on the case
included law firm partner, Allison Lafferty, and associate Joshua
Stevens.

New Associate Joins Firm
Kroloff,
Belcher, Smart, Perry & Christopherson is pleased to announce that
Scott R. Rooker has become an associate with the firm. Scott, a
Stockton native, graduated from Bear Creek High School in 1994. He
served a full-time mission for the Church of Jesus Chris of
Latter-day Saints in North Carolina before attending Brigham Young
University, graduating in 2003 with a Bachelor of Arts in
Humanities, emphasis in Music.
Scott received his Juris Doctor, with a concentration in Taxation,
from the University of the Pacific, McGeorge School of Law in 2008,
graduating with distinction. He is a member of the Traynor Honor
Society. He is admitted to the California Bar and is a member of the
San Joaquin County Bar Association.
Scott and his wife, Rhonda, have two children.
Jury Rules in Favor of
Firm's Client
Partner, Tom Perry, recently concluded a jury trial in El
Dorado County for a healthcare client that operated a Skilled
Nursing Facility. The management of the facility fired two nursing
employees – an Licensed Vocational Nurse and a Certified Nursing
Assistant – after an incident in which an elderly resident was
verbally and physically abused by a third employee (who was also
fired) during a night shift. The two nursing employees brought suit,
claiming wrongful termination.
The employer had determined that the two plaintiffs did not take
necessary steps to protect the resident from potential further abuse
during the shift. The employer contended that the two should have
summoned a supervisor, with authority to send the abusive employee
home, pending further investigation.
The plaintiffs were “at will” employees so they could legally be
fired for any lawful reason or no reason. To successfully maintain a
legal action, it would be necessary for them to prove discrimination
or some other unlawful motive on the part of the employer for the
termination.
In this case the employees alleged that they were fired in
retaliation for reporting the incident to the State Ombudsmen. This
was alleged to be a violation of State law protecting “whistle
blowers.” The employees were “mandated reporters” under State law,
and were required to report abuse that they witnessed.
Since it was agreed that the plaintiffs in fact made these reports
and that they were soon thereafter fired, the burden shifted under
California employment law principles to the employer to prove that
there was a legitimate business reason for the firings. Mr. Perry
presented evidence that the employer had a “zero tolerance” policy
for abuse, and that those who failed to protect a resident are
subject to discipline, as was the abusive employee.
The greatest practical difficulty in defending the case was a
natural inclination for jurors to be sympathetic to the employees
and to think that perhaps they should have been subjected to a
lesser penalty such as suspension or a warning. It was necessary to
repeatedly remind the jurors that their function was not to
substitute their judgment as to what they thought was fair, but to
focus on whether the employer did anything unlawful.
After a six day trial, the jury rendered a verdict in favor of our
client, the employer.
The case illustrates several points. First, the “at will” doctrine
is recognized and enforceable. But, despite this, it is easy for
employees to turn the tables and to require the employer prove that
it had a good and lawful reason for firing them. Fortunately, in
this case, the presentation of the employer’s evidence was
persuasive. If not, the employer would face the prospect under State
law of paying the employees’ attorney fees as well as any damages
awarded.
Earlier in the year Tom Perry also teamed with Kerry Krueger of our
firm recently and successfully defended at trial a contractor sued
for employment discrimination.

Defense Verdict After
Three Month Product Liability Trial
Allison
Cherry Lafferty
was part of the legal team that successfully obtained a defense
verdict in a product liability lawsuit brought by William Collins
and his family. Collins was a truck driver who was severely injured
while traveling down Interstate 5 when a 2-1/2 pound chunk of
concrete was thrown at his truck by a juvenile. Ms. Lafferty
represented Navistar, Inc., the manufacturer of the truck driven by
Mr. Collins. After a three month jury trial, the jury returned a
verdict in favor of the defense.

New Associate Joins Firm
Kroloff,
Belcher, Smart, Perry & Christopherson is pleased to announce that
Matthew S. Reynolds has become an associate with the firm. Matthew
is a graduate of University of California, Berkeley, where he earned
a Bachelor of Arts with Highest Distinction in 1999. He is a member
of the Phi Beta Kappa honors society.
Mr. Reynolds attained
his Juris Doctor from the UCLA School of Law in 2004, where he was
an Editor of the UCLA Law Review and a research assistant to interim
Dean Norman Abrams. He was admitted to the California Bar in 2004,
as well as the Eastern, Northern, Southern and Central Districts of
the U.S. District Court, California, and the U.S. Court of Appeals,
Ninth Circuit.
He is a member of the San Joaquin County Bar Association, where he
is Chair of the Information and Technology Section and is a member
of Business and Litigation Section. He is also a member of the
American Bar Association and Judge Consuelo M. Callahan American Inn
of Court.
Prior to joining the firm, Mr. Reynolds was employed as an associate
with the Law Offices of Donald M. “Steve” Stevenson.

Kroloff Partner to Participate in
Panel Presenting Legal Education Master Series
Kroloff's Managing Partner,
Kathleen Abdallah, is serving on a panel of legal professionals who
are presenting a legal education "Master Series" class entitled,
"Are You Properly Engaged? - What You Don't Know About Attorney Fee
Agreements Can Hurt You" for the San Joaquin County Bar Association.
This continues Kroloff's long-standing involvement in presenting
legal education classes in the community.
Kroloff Law Firm Successfully Defends Disability Discrimination
Lawsuit
A
former employee of our client, a construction company, sued claiming
he was wrongfully fired because of a disability. He had been injured
on the job, and was receiving workers’ compensation benefits.
Although most construction work is strenuous, the employer was able
to accommodate the employee by providing light-duty work. The
employee worked satisfactorily for a time under this arrangement.
When the employer suffered a downturn in business, it began laying
off workers, including the plaintiff. He filed a lawsuit, alleging
disability discrimination.
Thomas O. Perry and Kerry L. Krueger of our firm represented the
employer. After a five day jury trial, the court granted our motion
for a directed verdict, ending the case.
During the trial, the plaintiff presented very little evidence of
actual damages. The driving force behind suits of this nature is
often the plaintiff attorney’s hope to receive a generous award of
attorney fees from the court. So, even if a successful employee
receives only a small award from the jury, the court will be
obligated by statute to award attorney fees. In some cases, this is
significantly greater than the award to the successful employee!
Employers cannot assume that the workers’ compensation carrier is
“taking care of everything.” Under state and federal law, employers
have a separate duty to accommodate workers with a disability if
reasonably possible. Particularly in cases where an injured worker
seeks to return to work on light duty, legal advice may be helpful
to avoid a claim of violation of disability laws such as the
Americans with Disabilities Act (ADA) and the California version:
Fair Employment and Housing Act (FEHA).

Kroloff Joins San Joaquin County
Superior Court Mediation Program
Two Kroloff partners,
Kathleen Abdallah and Velma Lim, have been selected to serve as
mediators in the San Joaquin County Superior Court's Mediation
Program. Mediation training is provided by the renowned Strauss
Mediation Institute at Pepperdine University. The court's Mediation
Program is anticipated to commence in March 2009. Pre-trial
mediations assist the court and the public by seeking to bring cases
to settlement, to avoid consuming court time and courtrooms for
trials. Ms. Abdallah will focus her mediation practice in business
and real estate matters, which are two of her practice areas. Ms.
Lim will concentrate on employment and business cases as a mediator,
which are her focus areas of practice.

Kroloff Firm Names New Managing Partner
Kathleen
M. Abdallah has become the firm's new Managing Partner. She takes
over from Christopher Engh, who held the position for over 10 years.
Ms. Abdallah joined the firm in 1990 and became a partner in 1997.
She specializes in Business Litigation, Business Transactions, Real
Estate, Creditor's Rights and Appellate Work.
"I am honored that my partners have selected me to take on this
responsibility," notes Ms. Abdallah, "and look forward to the
challenges it will present."

Partner Velma Lim Appointed Discovery
Referee
Velma
Lim is available in San Joaquin and Stanislaus Counties to be
appointed as a Discovery Referee to assist attorneys with burdensome
and convoluted discovery issues. "I will review the materials and
render a fair, straight forward and prompt decision," notes Ms. Lim,
allowing cases to move forward in the litigation process.

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