Law Office of Thomas E. Robertson 619-544-9911

Recent Cases

CIVIL RIGHTS LITIGATION – POLICE BRUTALITY AND MISCONDUCT

Woodward v. County of San Diego,

Case No. 17cv2369-TWR (S.D. Cal. 2021) ($400,000 settlement for man assaulted and strangled by his cellmate)

Oliver v. County of San Diego,

Case No. 19cv1286-BAS (S.D. Cal. 2020) ($254,000 settlement for man bitten on arm by police canine at end of high speed chase)

Estrada v. Imperial County,

Case No. 17cv326-BAS (S.D. Cal. 2018) ($675,000 settlement where young woman without any documented history of suicidal intent committed suicide in her cell)

Weston v. County of San Diego,

Case No. 16cv2952-W (S.D. Cal. Nov. 30, 2017) (judgment of $78,000 entered against County of San Diego where social worker unlawfully obtained client’s confidential medical records)

Sialoi v. City of San Diego,

Case No. 11cv2280-JLS (S.D. Cal. Nov. 30, 2016) (unanimous jury verdict of negligence and unlawful entry of the home–total recovery after trial, including statutory attorney fees, totaled $862,000)

Aceves v. City of San Diego,

Case No. 16cv865-BAS (S.D. Cal. 2016) ($385,000 settlement for young man bitten on the leg by police canine)

Bush v. County of San Diego,

Case No. 15cv686-L (S.D. Cal. 2016) ($225,000 settlement for police shooting of family dog after winning liability on motion for summary judgment)

Johnson v. County of San Diego,

Case No. 14cv616-LAB (S.D. Cal. Feb. 1, 2016) (unanimous jury verdict of excessive force and false arrest, awarding total damages of $600,000)

Wilkerson v. City of San Diego,

Case No. 12cv2994-WQH (S.D. Cal. Feb. 19, 2015) (unanimous jury verdict of excessive force and false arrest, including an award of punitive damages against the individual officers–total recovery after statutory attorney fees was $643,100)

Richardson v. Board of Trustees of California State University,

Case No. 14cv1768-WQH (S.D. Cal. 2015)($265,000 settlement before trial for plaintiff tasered by campus police officer)

Rubio Acosta v. United States,

Case No. 11cv2503-JLS (S.D. Cal. 2012) ($900,000 settlement before trial where plaintiff was rear-ended by Border Patrol Agent and suffered injuries to back and neck)

APPELLATE RESULTS

People v. Cauble,

Case No. D076215 (Cal. App. Dec. 23, 2020) (reversal of murder conviction based on ineffective assistance of trial counsel and prosecutorial misconduct; entire case remanded for new trial)

People v. Murphy,

Case No. G057553 (Cal. App. Mar. 19, 2020) (reversed denial of SB 1437 petition for resentencing on murder conviction)

People v. Tua (2018) 18 Cal.App.5th 1136

(reversal of 5-year enhancement for serious-felony prior conviction)

People v. Martinez (2017) 2 Cal.5th 1093

(unanimous California Supreme Court adopted our proposed rule for restitution in hit and run cases, vacating trial court’s restitution order of $425,654.63)

People v. Rivera,

Case No. G051375 (Cal. App. Apr. 29, 2016) (successful challenge to punishment for criminal threat conviction, resulting in deduction of 1 year and 4 months from sentence)

People v. Armstrong,

Case No. D068264 (Cal. App. Mar. 18, 2016) (reversal of felony burglary conviction)

People v. Martinez (2014) 226 Cal.App.4th 1156

(reversal of $425,654.63 restitution order following conviction for hit and run with injury) (review granted by California Supreme Court)

In re Sanchez,

Case No. E060592 (Cal. App. Dec. 26, 2014) (successful habeas petition to challenge enhancement for “prison prior,” resulting in deduction of one year from sentence)

People v. Good,

Case No. E058431 (Cal. App. Oct. 27, 2014) (reversal of firearm enhancement, which resulted in additional custody credits and moved up release date by approximately two years)

In re K.B.,

Case No. D063200 (Cal. App. Feb. 19, 2014) (reversal of both convictions, which restored the minor’s clean record)

In re N.D.,

Case No. D059549 (Cal. App. Feb. 1, 2012) (reversal of all convictions, including attempted robbery)

People v. Self (2012) 204 Cal.App.4th 1054

(reversal of felony DUI conviction based on attacking sufficiency of a prior DUI conviction in Arizona)

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