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Law Frivolous lawsuits still abound in county



Sheppard, Mullin Plans Expansion To North County

Frivolous and abusive lawsuits are said to be on the rise, not only in California, but also across the nation.

Lawsuit abuse hurts small business owners, taxpayers, consumers, retirees and working families, according to the San Diego County Citizens Against Lawsuit Abuse (CALA).

One local company that experienced firsthand what lawsuit abuse can do for business was SeaWorld San Diego.

Two years ago, the water theme park was sued by a La Jolla woman claiming to be hurt on the new Shipwreck Rapids ride. The woman’s claim was well-publicized, with news clips showing her wearing a neck brace, a sling and detailing her pain.

However, the publicity worked against the woman because she was spotted by a viewer at a local casino playing poker with no neck brace or sling. Although her claim was deemed frivolous, it took more than two years to get the case dismissed.

SeaWorld reported losing hundreds of thousands of dollars defending the case, and lost $60,000 in revenue in one day after shutting down the ride because of the woman’s claim.

During its annual scholarship luncheon held May 4, CALA applauded SeaWorld for not backing down and settling the claim. Another local entity that has seen its share of meritless lawsuits is the city of San Diego.

According to City Attorney Casey Gwinn, who attended the luncheon, the majority of the lawsuits filed against the city go without pay.

“Seventy percent of the lawsuits we handle we’ve never paid a dime on,” Gwinn said. “So there’s an issue of merit with the majority of these lawsuits.”

Gwinn said some people see the city as a “deep pocket” and an easy engine to milk money. But, he said, the number of claims against the city has dropped over the last five years.

However, there have been many lawsuits filed surrounding the city’s intention to build a new ballpark Downtown.

“Bruce Henderson is the poster child for frivolous lawsuits,” Gwinn said, referring to the former city councilman and attorney who has fought the ballpark project since voters approved Proposition C in November 1998. “He has filed 13 lawsuits and never been right on one single issue in a single case.

“But I keep having to defend them.”

During the luncheon, CALA awarded scholarships to high school students with winning essays. The topic was “Does Lawsuit Abuse Undermine the Principles of Individual Responsibility.” Winners were: third place ($250), Elizabeth Saxe, Vista High School and Talya Spivack, Torrey Pines High School; second place ($500), Luke Gilbert, Escondido High School; first place ($1,000), Christina Vanderwerken, El Camino High School.

Congressman Randy Cunningham, R-Escondido, awarded the students another $250 scholarship for their work.

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On The Move:

The Los Angeles-based law firm of Sheppard, Mullin, Richter & Hampton LLP has outgrown its Downtown office and plans an expansion to North County.

The firm will open a new office in the Del Mar Heights area in late July or early August. This will be the firm’s fifth office statewide.

The Del Mar office, located adjacent to Del Mar Heights Road at 12544 High Bluff Drive, will be designed to serve the needs of the area’s thriving high-tech cluster, according to Robert Brunette, chair of the firm’s executive committee.

“The vast majority of the business growth in San Diego is occurring in North County,” he said. “We want to be responsive to our clients’ needs and be an integral part of the growth of the North County business community.”

Sheppard Mullin has more than 300 attorneys in its four offices in San Diego, Orange County, Los Angeles and San Francisco offices. The firm opened its first office in Downtown San Diego on March 3, 1986, with seven attorneys.

Procopio, Cory, Hargreaves & Savitch LLP, recently acquired the San Diego firm of Ramseyer & Kuhlman APLC.

The announcement comes on the heels of Procopio’s recent expansion onto the eighth floor of the Union Bank of California building in Downtown. Procopio now occupies six floors in the building, and has added 27 new attorneys in the last two years.

Craig A. Ramseyer, David R. Kuhlman and Laura Gantney joined Procopio on May 1.

Ramseyer, who graduated from the University of San Diego School of Law in 1981, was added as a partner on Procopio’s litigation team.

Kuhlman, a 1983 graduate of the UCLA School of Law, will serve as of counsel on Procopio’s litigation team.

Gantney graduated from the University of Iowa College of Law in 1998, and will also join the firm’s litigation team. Jerry Gumpel has joined the San Diego office of Sheppard, Mullin, Richter & Hampton as a lateral partner Lynde Selden III and Michael Bishop have joined Neil, Dymott, Perkins, Brown & Frank as associates.

The deadline for the next Law Column is Thursday, May 24. Send related items to dward@sdbj.com or by fax at (858) 571-3628.

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