In The News

1.12.21

Attorneys Kevin Cauley and Kristen Bush are presenting the Associated Subcontractors Alliance annual legal update on January 13th. They will highlight recent cases and 2021 laws likely to impact the construction industry, new licensing requirements related to remodeling contrators and renewals, new laws related to public works projects, employer responsibilities relating to COVID-19, changes to family leave and pay data report requirements.

1.8.21

Schwartz Semerdjian Wins Defamation Ruling Favors Former City Council Members, Client Developer

In what is expected to be a landmark decision, a state appeals court agreed with a local judge who handed victories to two former city council members and a Schwartz Semerdjian developer client in their defamation cases against a former Solana Beach City Council candidate and his campaign manager.

The 4th District Court of Appeal and San Diego Superior Court Judge Joan M. Lewis each now have ruled that former Solana Beach City Council members Lesa Heebner and Mike Nichols and developer/client Joseph Balla were maliciously defamed by former Solana Beach City Council candidate Edward Siegel and his campaign manager, Brian Hall.

Hall wrote malicious emails and letters under fake names and sent them to numerous local news outlets, some of whom published the letters online and in print, and also sent them to elected officials throughout the county, public agencies and others.

"Defendant Edward Siegel was an unsuccessful candidate for the Solana Beach City Council in 2016," the Court of Appeal wrote in its January 6 ruling. "During and after the City Council campaign, Siegel's campaign manager, defendant Brian Hall, sent a letter to the editor, distributed emails to local government and media, and posted Facebook messages about City Council members Lesa Heebner and Mike Nichols, and their relationship with local developer Joseph Balla. Primarily using a fictional person he created, 'Andrew Jones,' Hall asserted or implied that Heebner and Nichols lobbied for the North County Transit District (NCTD) to select Balla for a Solana Beach train station project in exchange for Balla giving them design work on the project and directing a charitable donation to a nature conservancy they supported."

The court continued:  "Hall appealed, contending the trial court erred by denying his motions...In essence, his position is that his publications were political opinions about a conflict of interest and not actionable. We disagree. Although political speech is appropriately accorded wide latitude, especially in election campaigns, calculated or reckless falsehoods can still amount to defamation even in that context. The record reflects that at the time of the publications, Hall knew or at least consciously disregarded the fact that Heebner and Nichols had no role in the NCTD selection process and the NCTD had no agreement with Balla." As the court indicated, the case stems from letters to the editor and a series of emails and social media posts that circulated publicly during and after Siegel's failed city council bid. The communications were drafted by Hall but published under fake names.

Partner Dick Semerdjian, attorney for Balla, said:  "Judge Lewis saw those letters for what they were - blatant and malicious attempts to smear my client. Defamation cases are not easily won but in this case the evidence was overwhelming. I expect this case will be cited for years to come in courtrooms across the state in cases which involve reckless and untrue statements guised as 'political speech' in election campaigns."

Click here to continue reading the Court of Appeal ruling.

1.4.21

We are excited to announce the newest member of our team, Kayla Kuhn. She is an associate on the firm's litigaton team, representing individuals and businesses in personal injury, employment, and business matters.

Prior to joining Schwartz Semerdjian, Kayla worked on both the plaintiff and defense side of cases. She previously praticed at a civil litigation firm where she represented businesses and individuals in a wide array of cases from premises liability to insurance bad faith.

Kayla attended the University of San Diego School of Law where she received her Juris Doctorate with a concentration in Civil Litigation. Welcome, Kayla!

11.5.20

We are proud to announce that U.S. News and World Report and Best Lawyers "Best Law Firms" rankings have named Schwartz Semerdjian Cauley & Evans LLP a top-tier law firm in two practice areas for the 11th year in a row. As the leading survey of lawyers worldwide, the rankings honor Schwartz Semerdjian for our well-known work on large, complex matters where an entire business may be at risk, and rated Schwartz Semerdjian as an exceptional in San Diego for tort and labor and employment litigation. We congratulate our entire team for this well-deserved accolade!

10.2.20

Schwartz Semerdjian congratulates associate Kristen Bush on her recent appointments to several committees of the American Bar Association (ABA). Kristen will serve as the 2020-2021 Chair-Elect to the ABA Tort Trial & Insurance Practice Section's (TIPS) Ethics and Professionalism Standing Committee and as the TIPS Liaison to the ABA Standing Committee on Ethics and Professional Responsibility. Kristen will also serve as the 2020-2021 Vice-Chair to the ABA TIPS Women Trial Lawyers General Committee, as well as the 2020-2021 Chair to the ABA TIPS Business Litigation General Committee. Congratulations, Kristen!

9.28.20

Schwartz Semerdjian congratulates partner Sarah Evans for being named to the San Diego Business Journal's inaugural "Women in Law." We are proud of Sarah's dedication to the legal profession and her exemplary leadership in the community at large. Congratulations, Sarah! 

9.17.20

Schwartz Semerdjian associate Alison Adelman and her article, "The Civil Cure to COVID-19," are featured in the September 2020 issue of the San Diego County Bar Association's Publication for New Lawyers, For The Record. The piece highlights how COVID-19 has changed the practice of law, and left so many lawyers to shift strategies on a daily basis. It's a great piece to showcase how so many industries have been impacted. Nice job, Ali!

8.20.20

Schwartz Semerdjian partner Dick Semerdjian has been selected by his peers for inclusion in The Best Lawyers in America© (2021 Edition) in the fields of Labor & Employment and Personal Injury. This is the 12th straight year that Dick has been selected for this honor. Congratulations, Dick!

6.1.20

We are pleased to announce the addition of Sarah Evans as a named partner of the firm and our name change to Schwartz Semerdjian Cauley & Evans (SSCE) effective June 1, 2020.

“The firm’s name change recognizes Sarah’s significant contributions to the firm, our clients, the legal community and community at large,” said SSCE Managing Partner Ross Schwartz. “Sarah is dynamic, engaging and approachable to all who work with her, and we are fortunate to have her in a new leadership role at the firm.”

Sarah has been practicing law in San Diego since 2000, primarily working on employment law matters.  She regularly works to ensure employer compliance with applicable statutes and regulations, as well as provides insightful guidance to employers on critical issues, including preventing harassment and hostile work environment claims, wage and hourly compliance, and disciplinary actions.

Sarah is also a litigation attorney, defending lawsuits and claims filed by individual employees and defending clients in class action cases involving employment and wage issues. She is co-author of the employment law chapter in the first two and the upcoming third edition of “A Practitioner’s Guide to Class Actions,” published by the American Bar Association.

“Sarah is a highly regarded attorney, and we are thrilled to see her role evolve as the firm continues to grow,” said SSCE Founding Partner Dick Semerdjian. “We pride ourselves on diligence not only in law and serving our clients, but in the communities where we live and work, and no one exemplifies that more than Sarah.”

In addition to her work at the firm, Sarah has served in leadership roles in the Lawyers Club of San Diego, Border View Family YMCA, and Friends of Balboa Park, among others. She has received numerous accolades over the years, including being named California’s 40th Senate District's Woman of the Year in 2019, San Diego Business Journal’s “Best of the Bar” multiple times, San Diego Daily Transcript list of “Top Young Attorneys,” and a San Diego Metropolitan Magazine “Top 40 Under 40” honoree.

Sarah obtained her Bachelor’s Degree from the University of Southern California, and her Juris Doctor from Notre Dame Law School. She resides in Bonita, CA, with her husband and their two school age sons.

Congratulations, Sarah!

3.17.20

During the unprecedented threat brought on by the recent coronavirus pandemic, Schwartz Semerdjian stands ready to support you. We understand that the current situation will lead to unique circumstances which may lead you to need or want legal advice, and we remain available to assist.

In order to continue to provide seamless and efficient legal services and communication, we have made several accommodations to limit the impact on the firm’s clients and visitors. We are operating with a more limited in-person staff, encouraging those who can and want to telecommute to do so. Schwartz Semerdjian attorneys have secure remote access to the firm’s computer system and will continue to be available by phone and via email.

We are confident that we will all get through these times and hope that all in the extended Schwartz Semerdjian family and in the community remain healthy. Thank you for your continued trust in Schwartz Semerdjian and our ability to serve your legal needs.

2.3.20

On February 12, 2020, the Associated Subcontractors Alliance will host their Annual Legal Update and Member Showcase, an information packed review of new and noteworthy employment and labor laws and regulations that affect those in the construction industry.  Schwartz Semerdjian attorneys Kevin Cauley, Kristen Bush, and Mark Bale will present on various topics, including the use of independent contractors, lactation rooms, amendments to the California Pay Act, harassment training requirements, paid family leave, and compliance with the California Consumer Privacy Act.  Click here for the event flyer.  Registration can be completed online at the ASA website.

11.1.19

We are proud to announce that U.S. News and World Report and Best Lawyers "Best Law Firms" rankings have named Schwartz Semerdjian Cauley & Moot LLP a top-tier law firm in two practice areas for the 10th year in a row. As the leading survey of lawyers worldwide, the rankings honor Schwartz Semerdjian for our well-known work on large, complex matters where an entire business may be at risk, and rated Schwartz Semerdjian as an exceptional in San Diego for tort and labor and employment litigation. We applaud our whole team for this well-deserved accolade!

8.15.19

Schwartz Semerdjian partner Dick Semerdjian has been selected by his peers for inclusion in The Best Lawyers in America© (2020 Edition) in the fields of Labor & Employment and Personal Injury. This is the 11th straight year that Dick has been selected for this honor. Congratulations, Dick!

7.10.19

Schwartz Semerdjian partner John Moot has been elected Vice Chair of the South County Economic Development Council.  South County EDC, the nonprofit organization responsible for economic development in South Bay, promotes education and encourages economic development in the South San Diego and Baja regions.  Board members will be tasked with helping to see the successful planning, promotion and implementation of South County EDC events and initiatives, including the annual South County Economic Development Council Summit. Congratulations, John!

6.20.19

During the Utility Consumer Action Network’s 35th Anniversary Celebration, Schwartz Semerdjian partner John Moot was honored as a distinguished alumni of USD School of Law and USD’s Center for Public Interest Law for both his community involvement and legal work in the public interest. Along with John, UCAN also honored USD School of Law Professor Bob Fellmeth and California State Senator Ben Hueso, Chair of the Senate Energy Committee. SSCM was the Public Interest Law Champion sponsor for the 35th annual awards event.  Congratulations, John!

6.13.19

On June 20, 2019, Schwartz Semerdjian partner Sarah Evans will present "Is Your Employee Handbook Ironclad?" to the Associated Subcontractors Alliance.  Sarah will speak to mandatory, recommended, and optional policies to include in your handbook; common mistakes employers make in their handbooks and how to avoid them; and how to be certain your policies and procedures comply with California's new harassment-prevention laws that require all employers with five or more employees to train all workers. Click here for the seminar flyer.

4.16.19

Schwartz Semerdjian partners Ross Schwartz and Dick Semerdjian are co- guest lecturers at the University of San Diego School of Law Negotiations Class.  Ross will address the topic of business and transactional negotiations from the perspective of a practicing business attorney while Dick will focus on the topic of the techniques required to effectively and ethically negotiate the settlement of lawsuits from the perspective of a trial attorney.

3.22.19

Schwartz Semerdjian partners Dick Semerdjian and John Schena have been named 2019 San Diego Super Lawyers, both in the practice area of Business Litigation. John was previously named a Rising Star by Super Lawyers for 2016-2018. This is the 13th straight year that Dick has been recognized by Super Lawyers.

Each year, Super Lawyers recognizes the top lawyers in San Diego via a patented multi-phase selection process involving peer nomination, independent research and peer evaluation. The San Diego lawyers who receive the highest point totals during this selection process are further recognized in San Diego Super Lawyers Top Lists.

SSCM is proud to have two partners named to the 2019 Super Lawyers list. Congratulations, John and Dick!

2.28.19

On February 28th, the California Supreme Court published its opinion in the case argued by Schwartz Semerdjian partner John Moot late last year.  In a unanimous 7-0 opinion the Supreme Court ruled in favor of the firm’s client and in the process set forth new precedent for the admissibility of evidence in civil pre-trial motions.  Effectively overruling two, 30 year old cases, the Supreme Court held that the analysis presented and argued by Mr. Moot in reliance on authority from conflicting case law “is sound."  The case settled with a multimillion-dollar verdict in favor of the firm’s client.