Tag Archive for: kenneth-moreno

Seven from Murchison & Cumming Named Top Lawyers by San Diego Magazine

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San Diego Magazine

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Murchison & Cumming, LLP is pleased to announce that seven of its attorneys have been recognized as 2019 Top Lawyers by San Diego Magazine. Congratulations to Senior Partner Kenneth H. Moreno, Partners Matthew H. Printz and Jefferson S. Smith, Associate Partners J. Lynn Feldner and Robert M. Scherk, and Of Counsel David M. Hall and Joseph Fox. To compile the list of top lawyers, San Diego Magazine asks Martindale-Hubbell® to share its list of local lawyers that have reached the highest levels of professional excellence.

Kenneth H. Moreno is the Partner-in-Charge of the San Diego office of Murchison & Cumming, LLP. Mr. Moreno handles a variety of specialty cases including employment litigation, professional liability, bad faith, general liability, construction defect, HOA, breaches of fiduciary duties, health law and medical malpractice.

Matthew H. Printz focuses his practice in the areas of construction and general liability law and serves as Co-Chair of the firm’s Construction Law practice group. He has represented numerous developers and subcontractors in construction defect litigation, mechanic’s lien actions, and public works projects and has a background in products liability, personal injury, and professional liability cases.

Jefferson S. Smith is the Co-Chair of the General Liability & Casualty Practice Group and a member of the Hospitality Law practice group. He focuses his practice in the areas of commercial litigation, product litigation, hospitality, medical malpractice litigation and general litigation. Mr. Smith has experience representing self-insured entertainment, landowner, hotel, restaurant, and commercial venues, entities, and individuals.

J. Lynn Feldner focuses her practice in areas of general liability, medical malpractice, construction defect and product liability, and her practice includes substantial experience in complex litigation matters. Ms. Feldner has successfully defended individuals, small businesses and large corporate clients through all aspects of litigation including trials and arbitrations as well as achieving great results through the Alternative Dispute Resolution process.

Robert M. Scherk is a member of the General Liability and Professional Liability practice groups. He focuses his practice in areas of professional and legal malpractice, general and product liability, premises liability, and business and commercial law. Mr. Scherk has tried more than 26 cases to verdict and arbitrated or mediated hundreds more to successful conclusion. He is a member of the San Diego Chapter of American Board of Trial Advocates.

David M. Hall focuses his practice in the areas of construction law and general liability. His experience includes handling matters involving construction defect, insurance bad faith, premises liability and other torts. Mr. Hall’s clients consist predominantly of builders, subcontractors and construction material suppliers. Mr. Hall’s clients consist of subcontractors and construction material suppliers. He is experienced in all phases of litigation, arbitration and mediation. Mr. Hall also has a successful appellate track record.

Joseph Fox serves as Co-Chair of the firm’s Business & Real Estate Transactions practice group and is a member of the General Liability & Casualty and Cannabis Law practice groups. His experience includes handling business formations, purchases and sales of businesses, litigation of business disputes, real property purchase and sale dissolution, disassociation and breach of contract, residential and commercial real property purchase and sale transactions, residential and commercial unlawful detainers, boundary and easement disputes and landlord and tenant matters.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

About Martindale-Hubbell® Peer Review Ratings™
The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating in five key areas, legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.

Seven from Murchison & Cumming Honored by San Diego Magazine

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Murchison & Cumming, LLP is pleased to announce that seven of its attorneys have been recognized as 2018 Top Lawyers in San Diego by San Diego Magazine. Congratulations to Senior Partner Kenneth H. Moreno, Partners Matthew H. Printz and Jefferson S. Smith, Associate Partners J. Lynn Feldner and Robert M. Scherk, and Of Counsel David M. Hall and Joseph Fox. For its annual Top Lawyers issue, San Diego Magazine invited Martindale-Hubbell® to share its list of local lawyers that have reached the highest levels of professional excellence.

Mr. Moreno is the Partner-in-Charge of the San Diego office and handles a variety of specialty cases including employment litigation, professional liability, bad faith, construction defect, HOA, health law and medical malpractice.

Mr. Printz emphasizes his practice in the areas of construction and general liability law and serves as Co-Chair of the firm’s Construction Law practice group. He has represented numerous developers and subcontractors in construction defect litigation, mechanic’s lien actions, and public works projects.

Mr. Smith focuses his practice in the areas of commercial litigation, product litigation, hospitality, medical malpractice litigation and general litigation. He has experience representing self-insured entities and individuals, including entertainment, landowner, hotel, restaurant, and commercial venues.

Ms. Feldner focuses her practice in areas of general liability, medical malpractice, construction defect and product liability, and her practice includes substantial experience in complex litigation matters. She is currently a volunteer for Voices for Children as a CASA (Court Appointed Special Advocate) for a foster child. Her role is to be an advocate for the best interests of the child to ensure the foster child is being well cared for in the foster care system.

Mr. Scherk focuses his practice in areas of professional and legal malpractice, general and product liability, premises liability, and business and commercial law. Mr. Scherk is a member of the San Diego chapter of the American Board of Trial Advocates (ABOTA) and is an experienced trial attorney.

Mr. Fox focuses his practice on business formations, purchases and sales of businesses, litigation of business disputes, breach of contract actions, residential and commercial real property purchase and sale transactions, and unlawful detainer actions.

Mr. Hall focuses his practice in the areas of construction law and general liability. His experience includes handling matters involving construction defect, vehicular and construction site accidents, premises liability and other torts.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

About Martindale-Hubbell® Peer Review Ratings™
The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating in five key areas, legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.

Six from Murchison & Cumming Honored by San Diego Magazine

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San Diego Magazine

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Murchison & Cumming, LLP is pleased to announce that six of its attorneys have been recognized as 2017 Top Lawyers in San Diego by San Diego Magazine. Senior Partner Kenneth H. Moreno and Of Counsel Joseph Fox are listed in the field of Business & Real Estate Transactions, Partner Jefferson S. Smith in the field of Business Litigation, Associate Partner Robert M. Scherk in the field of Professional Liability, and Partner Matthew H. Printz and Associate Partner J. Lynn Feldner in the field of Construction.

Mr. Moreno handles a variety of specialty cases including employment litigation, professional liability, bad faith, general liability, construction defect, HOA, breaches of fiduciary duties, health law and medical malpractice. Mr. Fox focuses his practice business formations, purchases and sales of businesses, litigation of business disputes, real property purchase and sale dissolution, disassociation and breach of contract, residential and commercial real property purchase and sale transactions.

Mr. Smith focuses his practice in the areas of commercial litigation, product litigation, hospitality, medical malpractice litigation and general litigation. He has experience representing self-insured entertainment, landowner, hotel, restaurant, and commercial venues, entities, and individuals. Mr. Scherk focuses his practice in areas of professional and legal malpractice, general and product liability, premises liability, and business and commercial law. Mr. Printz emphasizes his practice in the areas of construction and general liability law and serves as Co-Chair of the firm’s Construction Law practice group. He has represented numerous developers and subcontractors in construction defect litigation, mechanic’s lien actions, and public works projects. Ms. Feldner focuses her practice in areas of general liability, medical malpractice, construction defect and product liability, and her practice includes substantial experience in complex litigation matters.

For its annual Top Lawyers issue, San Diego Magazine invited Martindale-Hubbell® to share its list of local lawyers that have reached the highest levels of professional excellence.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

About Martindale-Hubbell® Peer Review Ratings™
The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating in five key areas, legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.

Six from Murchison & Cumming Honored by San Diego Magazine

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Murchison & Cumming, LLP is pleased to announce that six of its attorneys have been recognized as 2016 Top Lawyers in San Diego by San Diego Magazine. Senior Partner Kenneth H. Moreno and Of Counsel Joseph Fox are listed in the field of Business & Real Estate Transactions, Partner Jefferson S. Smith in the field of Business Litigation, Associate Partner Robert M. Scherk in the field of Professional Liability, and Partner Matthew H. Printz and Associate Partner J. Lynn Feldner in the field of Construction.

For its annual Top Lawyers issue, San Diego Magazine invited Martindale-Hubbell® to share its list of local lawyers that have reached the highest levels of professional excellence.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

About Martindale-Hubbell® Peer Review Ratings™
The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating in five key areas, legal knowledge, analytical capabilities, judgment, communication ability, and legal experience. Learn more at http://www.martindale.com/ratings.

San Diego Magazine Recognizes Five Murchison & Cumming Attorneys

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SAN DIEGO – Murchison & Cumming, LLP is pleased to announce that five of its attorneys have been recognized as 2015 Top Lawyers in San Diego by San Diego Magazine.

This year’s honorees include:

Kenneth H. Moreno
Robert M. Scherk
Jefferson S. Smith
J. Lynn Feldner
Matthew H. Printz

For its annual Top Lawyers issue, San Diego Magazine had Martindale Hubbell® share its list of local lawyers that have reached the highest levels of professional excellence. All of the attorneys have been selected for this honor for three consecutive years.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Networks.

San Diego Office Celebrates 20th Anniversary

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Murchison & Cumming is pleased to announce that its San Diego office is celebrating its 20th Anniversary this month. Opened on August 1, 1990 with three attorneys, Kenneth H. Moreno as the Partner-in-Charge, attorney J. Lynn Feldner and former senior partner Ronald McQuoid, the office quickly grew, adding Robert M. Scherk from the firm’s Los Angeles office and additional attorneys, paralegals and staff over time. The firm has become a fixture in the local San Diego legal community and through the services of the fine attorneys, paralegals and staff in the San Diego office has been successfully representing clients in the courts of the most southern counties of California for these past 20 years.

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW Network. For additional information, please visit our website at www.murchisonlaw.com.

Ken Moreno Elected to Membership in FDCC

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Murchison & Cumming, LLP congratulates senior partner Kenneth H. Moreno on being elected to membership in the Federation of Defense & Corporate Counsel on July 30, 2010, at the FDCC’s annual meeting in Munich, Germany. Mr. Moreno is the Partner-in Charge of the firm’s San Diego office and serves as co-chair of the firm’s Employment Law practice group. The Federation of Defense & Corporate Counsel is an international professional association, with membership by United States attorneys in private practice being limited to 1,000. Membership is by nomination only. Several of the firm’s partners are long-time members of the FDCC and the firm is honored to have Mr. Moreno admitted as a member.

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW Network. For additional information, please visit our website at www.murchisonlaw.com.

Court of Appeal Affirms Homeowners Association Board Rights in Published Decision

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Kenneth H. Moreno and Scott J. Loeding successfully defended a homeowners association (“HOA”) in a case involving the HOA Board’s decision to permit homeowners to utilize common area attic space for storage. After obtaining summary judgment at the Trial Court level, Murchison & Cumming prevailed on appeal in the published decision in Havery v. The Landing Homeowners Association (2008) 162 Cal.App.4th 809.

Murchison & Cumming recovered over $170,000 in attorneys’ fees and costs on behalf of the homeowners association and it’s insurance carrier.

For many years, homeowners on the top floor of a condominium complex used adjacent vacant attic space to store Christmas decorations and the like. This attic space was designated as common area pursuant to the HOA plans.

After a controversy erupted concerning the top floor homeowners’ use of the common area attic space, the HOA Board of Directors after an exhaustive investigation granted the top floor homeowners the limited right to use the common area attic space for storage pursuant to the terms of the CC&R’s which provided that the Board had the right to allow an owner to exlusively us portions of the common area provided that such portions were nominal in area, adjacent to the owner’s unit, and did not unreasonably interfere with the other owners’ use and enjoyment.

Plaintiff, the former president of the HOA Board, filed a lawsuit against the homeowners asociation and individual homeowners for breach of fiduciary duty, trespass and numerous other causes of action, including a request for punitive damages and attorneys’ fees. Murchison & Cumming filed a Motion for Summary

Judgment contending that the Board’s decision to allow use of the common area attic space for storage purposes was entitled to judicial deference under the California Supreme Court’s decision in Lamden v. La Jolla Shores Clubdominium HOA (1999) 21 Cal.4th 249. The Trial court agreed that the Board’s decision was entitled to judicial deference and greanted the Motion for Summary Judgment. The trial court also determined that the homeowners association was entitled to the full amount of requested attorneys’ fees and costs of approximately $130,000.

Unwilling to give up the fight over the use of vacant attic space, Plaintiff appealed to the Fourth District Court of Appeals in San Diego. On April 4, 2008 the Court of Appeals affirmed the judgment in favor of the homeowners association in a published decision declaring the granting the right to use the common area attic for storage was within the Board’s authority; that the Board of Directors acted upon reasonable investigation, in good faith and with regard for the interests of the community; and that there was no conflict of interest by the Board in authorizing the use of the attic space.

Murchison & Cumming thereafter recovered an additional $30,000 in attorneys’ fees and costs from the Plaintiff.

Motion For Summary Judgment Successful On Recreational Use Immunity suit v. Utility

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Murchison & Cumming, LLP successfully obtained a motion for summary judgment in a personal injury case, the matter having been handled by Friedrich W. Seitz, Kenneth H. Moreno and Gina E. Och.

Two minor girls were injured when one of the girls contacted electrical equipment at a substation owned by Southern California Edison Company (“Edison”). The two girls lived in the neighborhood next to the substation. On the day of the incident, the girls were playing ball and the ball flew over the wall of the substation and into a fenced-off area containing the electrical equipment. The two girls decided to retrieve the ball and climbed onto the substation’s surrounding brick wall and over into the substation. One of the girls then climbed a locked, chain link fence, measuring 6 feet tall, and jumped down into the area with the electrical equipment. As she was reaching for the ball, she made contact with the electrical equipment. Warning signs and “Do Not Enter” signs were posted around the perimeter of the substation, inside the substation, and around the perimeter of the chain link fence. Additionally, barbed wire, chain link fencing, and spikes were affixed to the outside brick wall.

Plaintiffs sued Edison for negligence and premises liability. In response, the defense filed a Motion for Summary Judgment based on a statutory immunity codified at Civil Code section 846, commonly known as the “recreational use immunity.” The immunity is intended to prohibit any negligence claims against property owners by uninvited, non-paying recreational users. Edison argued that the recreational use immunity applied in this instance because it met the two elements of section 846: (1) it owned the substation; and (2) plaintiffs’ injuries resulted from their entry into the premises for a recreational purpose. Based on the legislative purpose, the statutory language, and current case law, the Court granted the defense’s summary judgment motion. The Court found that not only did Edison own the substation, but that the girls’ actions were included in the statutory definition of “recreation.” Moreover, the Court held that none of the three statutory exceptions to the recreational use immunity applied. Namely, there was no evidence that (1) Edison willfully or maliciously failed to guard or warn against a dangerous condition on its property; (2) Edison did not grant the plaintiffs permission to enter the property in exchange for a paid fee; and (3) Edison did not expressly invite plaintiffs to come upon its property. Accordingly, plaintiffs’ entire complaint was barred and Edison was not liable as a matter of law.

Actor Sues Multiple Employers After Taking The Hot Seat!

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Kenneth H. Moreno and Ian Fusselman successfully moved for summary judgment in a special employment case involving a stand-in actor who was injured on the set of a television production. Plaintiff was involved in the filming of a special effect scene when he unknowingly sat on a towel that was wet with liquid nitrogen. Plaintiff suffered chemical burns to his buttocks and upper thighs.

Murchison & Cumming represented the production company responsible for the show and the special effects coordinator responsible for the subject effect. As an administrative convenience, the production company out-sourced all payroll related tasks to a third-party payroll service. The payroll service was designated as the “Employer of Record” and was responsible for processing payroll, withholding taxes, compulsory federal and state reports, and maintaining workers’ compensation insurance.

Plaintiff filed suit against the production company under the theory that the payroll company was his employer for workers’ compensation purposes and the production company was a viable third-party defendant. A Motion for Summary Judgment was filed on behalf of the production company on the ground that the exclusive remedy provisions of the worker’s compensation system, under the Special Employment Doctrine, limited Plaintiff’s rights of recovery. This doctrine establishes that, under certain situations, an employee can have two employers for the purposes of worker’s compensation. The primary issue in establishing the special employee relationship is whether the “special employer” has the right to control the details of the employee’s work. Although the existence of the special employment relationship is normally a jury issue, the Court can make the determination as a matter of law if the evidence and reasonable inferences drawn from the evidence do not conflict and allow only one conclusion.

In the Motion for Summary Judgment, it was established that the payroll company was not involved in any way in hiring or supervising the production’s employees. Instead, it was proven that the production company had the right to control, and did in fact control, the details of Plaintiff’s work. In opposition, Plaintiff contended that every employee on the set had a third-party payroll company designated as their “Employer of Record” and argued that there was a triable issue of fact as to who was actually responsible for the actions of each person on the set.

The trial court granted summary judgment in favor of the defense, precluding Plaintiff from proceeding with a civil action against the production company, leaving Plaintiff to his remedies available under the workers compensation system.