William R. Warne

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Litigation, Real Estate Litigation, Health Care Litigation, Intellectual Property Litigation, Securities Litigation, Complex Business Litigation

Admitted to Practice in:

California

Experience

Member of Downey Brand's Executive Committee; Former Co-Chair of the firm's Litigation Practice Management Group; Former Chair of the Litigation Department

Business, Civil and Commercial Litigation
Lead trial attorney for real estate holding company Park Cattle Co. in litigation against Bill Yung and his Tropicana gaming and holding companies regarding the enforcement of a ground lease for the Horizon Casino Resort in South Lake Tahoe. Two month jury trial in 2008 resolved two days before closing argument when Yung and Tropicana agreed to dismiss their complaints against Park Cattle, return Horizon property, and pay $165 million in damages, plus interest, to Park Cattle.

Lead trial attorney for defendants Charles Somers and Ron Alvarado, who were recently sued by AKT Development Corporation for fraud, breach of contract and breach of fiduciary duty regarding alleged joint venture to purchase significant development property near Sacramento. After three weeks of trial, jury returned complete defense verdict in favor of clients.

Lead trial counsel for individual plaintiff in action involving breach of fiduciary duties. Trial in Los Angeles County resulted in $6.2 million judgment for client.

Lead trial counsel for entity suing to enforce contract involving significant real estate purchase and defending against cross-complaint. Jury reached verdict in favor of client in excess of $1 million, and awarded punitive damages. Jury's verdict also required defendants to honor contract by selling 240 acres of development property to client.

Lead trial counsel for the administrator of an estate and individuals in four week jury and court trial in San Francisco involving, among other things, the interpretation of a partnership dissolution agreement and the payment of millions in attorneys fees. Trial judge issued ruling consistent with clients' arguments as presented at trial, and found clients to be prevailing parties.

Lead counsel for Sierra Pacific Industries defending action brought by State of California for damages associated with the "Sour grass fire" in El Dorado County. Case settled favorably for SPI after mediation.

Lead counsel for Sierra Pacific Industries with respect damages sustained by SPI from the "Fred's Fire" in El Dorado County and "Power Fire" in Amador County, both of which began in October of 2004. Each matter is presently being litigated.

Lead counsel for Office Depot, defending action filed in San Francisco County Superior Court under Proposition 65. Case dismissed after obtaining judgment in favor of Office Depot.

Lead trial counsel for medical group in significant corporate practice of medicine, anti-trust, and Section 17200 litigation against major Northern California hospital. Matter is still pending.

Lead counsel for Dr. Chae Moon, Redding cardiologist, in successful defense of California Medical Board's effort to obtain a preemptory suspension of Dr. Moon's medical license.

Defended durable medical equipment supplier in multi-million dollar federal qui tam action in United States District Court, Central District of California. Matter resulted in favorable settlement for client.

Lead counsel for California city in action alleging breach of contract against neighboring municipality regarding agreement to share State subventions arising from prison population.

Lead counsel for plaintiff in United States District Court, Northern District of California against American participant in Russian joint venture. Defendant settled matter in plaintiff's favor on first day of trial.

Lead counsel for State's largest private parking fee collection company in a matter against the Department of Motor Vehicles involving statutory interpretation. Received judgment against DMV.

Lead counsel for plaintiffs in multi-million dollar trust dispute. The matter recently settled in clients' favor for $2.75 million.

Intellectual Property
Lead trial counsel for major litigation against company relating to trade secret misappropriation.

Lead counsel for plaintiff in trademark infringement action involving major financial institutions.

Lead counsel defending franchiser sued for copyright and trademark infringement action.

Real Estate & Land Use
Lead litigation counsel for property owners sued by adjoining landowner for actions related to pursuit of development entitlements. Recently obtained complete dismissal of suit in its entirety under California's Strategic Litigation Against Public Participation (“anti-SLAPP”) statute, based on client's constitutional free speech and public participation rights, and a decision awarding recoupment of attorneys' fees and costs.

Lead trial counsel in 2008 for Southern California based commercial and residential developer seeking enforcement of easement rights against adjacent property owners in Butte County. Butte County jury rendered verdict in favor of client after trial.

Lead trial counsel for major land developer in action seeking petition for writ of mandamus against City of Chico to enjoin City's action in directing developer to prepare supplemental environmental impact report. Obtained alternative writ at outset of case, staying any action by City pending trial. Court granted writ in favor of client after trial.

Lead counsel for Stockton hotel owner in federal action in Eastern District of California against City of Stockton regarding City's unconstitutional taking of property, and to enforce terms of resulting favorable settlement. Action to enforce settlement decided in client's favor. Appeal pending.

Lead counsel for landlord in commercial lease dispute with tenant. Matter resolved before trial through stipulated judgment against tenant.

Lead counsel for California land owner in significant dispute regarding scope of aggregate mining lease with major mining company. Matter resulted in extremely favorable settlement for client after mediation.

Lead counsel for large California mining company defending action filed in Yuba County Superior Court involving claims regarding company's Yuba River water usage.

Defense of Professional Licenses
Lead counsel for Dr. Chae Moon, Redding cardiologist, in successful defense of California Medical Board's effort to obtain a preemptory suspension of Dr. Moon's medical license.

Lead trial counsel for land surveying company owner and president in successful defense of action brought by California Board of Professional Engineers & Land Surveyors regarding residential development surveys. 21 of 24 counts dismissed after three week trial.

Employment Defense
Lead counsel for Agilent in defense of action brought by former employee suing under California Labor Code Section 1102.5. Matter successfully resolved through mediation.

Served as outside general counsel for J&W Scientific, a high technology company in Folsom, California. Handled numerous contract and employment issues, and successfully defended the company from various employment related complaints.

Securities and Banking
Lead counsel for financial products company in SEC enforcement action relating to commercial paper program. Matter settled in client's favor.

Represented plaintiff in major federal action involving claim for breach of contract and securities fraud. Action settled in client's favor.

Represented Nevada County, Ione and Wheatland in separate SEC enforcement actions pertaining to municipal bond issuance disclosure requirements.

Defended large California credit union in legal action pertaining to legality of late charges. Action was dismissed after obtaining summary judgment in favor of client.

General
Former Law Clerk for Judge Gregory G. Hollows, United States Magistrate for the Eastern District of California

Former Senior Law Clerk for Judge Raul A. Ramirez, Former District Court Judge for the Eastern District of California

MEMBERSHIPS

Federal Bar Association, Sacramento Chapter, Past President

National Institute for Trial Advocacy's National Session in Trial Advocacy, Graduate

Eastern District Conference Planning Committee, Former Member

Sacramento County Bar Association, Member

Milton L. Schwartz Inns of Court, Former Barrister

United States District Court for the District of Colorado, Admitted to Practice

U.S. District Court of Arizona, Admitted to Practice

United States District Court for the Southern District of California, Admitted to Practice

United States Court of Appeals for the Ninth Circuit, Admitted to Practice

EDUCATION

University of California, Hastings College of the Law (J.D., 1988)
California State University, Sacramento; California (B.A. in English, 1984)
California State University, Sacramento; California (B.S. in Business Administration, 1984)

PRESENTATIONS

National Institute of Trial Attorneys (NITA) trial advocacy training program at L.S.U. for the last eight years, Team Leader, Instructor

Continuing Education of the Bar program (CEB), “Preparing for, Taking and Using Depositions,” 2000, 2003, 2005, Speaker

CHARITABLE

Sacramento Children's Chorus, Board Member

St. John's Shelter for Women and Children, Board of Directors, 1996 – 2004, Former Member

KXPR (public radio station), Fundraiser Participant