Bet Tzedek Legal Services and O’Melveny & Myers LLP Prevail in Appellate Court Decision of Tenant-Landlord Case

Earlier Judgment Exceeding $400,000 Left Substantially Intact; Court Holds Landlord Violated Rent Ordinances and Engaged in Malicious Prosecution

LOS ANGELES– LAWFUEL – The Legal Newswire –Bet Tzedek Legal Services—The House of Justice, a respected poverty-law firm, and pro bono counsel O’Melveny & Myers LLP today announced that the California Court of Appeals substantially affirmed an earlier trial-court judgment in favor of its clients, the respondents/plaintiffs in a tenant-landlord lawsuit, and upheld an award exceeding $400,000 in statutory, compensatory and punitive damages.

In an opinion rendered in Geter, et al. v. Graham, the appellate court concurred that landlord Michael O. Graham, the owner of a 10-unit Los Angeles apartment building, violated sections of the city’s rent-stabilization ordinance, as well as engaged in malicious prosecution. (Because the Court of Appeal affirmed the trial court’s decision regarding the malicious prosecution cause of action, it found that it need not address the remaining torts for which the trial court found Graham liable.) The matter traces back originally to multiple unlawful-detainer actions filed by Graham against tenants following his purchase of the building, and his attempts to extract higher rents despite municipal restrictions. Those actions were initially defended by Bet Tzedek and O’Melveny, who together ultimately brought the affirmative lawsuit on behalf of the tenants that became the basis for Graham’s largely unsuccessful appeal.

Graham’s argument at trial and on appeal relied significantly on the litigation privilege afforded under California law. While the appeal was pending, the California Supreme Court handed down a decision—Action Apartment Association v. City of Santa Monica—which addressed the litigation privilege within context of an ordinance intended to curtail abusive litigation tactics by landlords operating in the City of Santa Monica. The Action Apartment decision was widely viewed as favorable to landlords and, due to the similarities in issues, had the potential to substantially reduce the award in the Geter case. Despite this threat, the Court of Appeal agreed with the respondents that the Action Apartment decision only had minor implications for the Geter award and, accordingly, left it almost entirely intact.

O’Melveny attorney Adam Karr, who argued the original case and led the appeal, called the result “enormously gratifying” and was quick to share credit with his colleagues, including Demian West and Ryan Rutledge, who handled brief writing; and Michael McGuinness and David Lash, who oversaw the case from its inception. “This was a wonderful opportunity to confront inequities on behalf of low-income tenants who would otherwise not have the resources to fight for themselves,” said Karr.

Lash, director of O’Melveny’s pro bono initiatives, said: “This case speaks volumes to the power of collaboration between private and public-interest law firms in providing access to legal services for the working poor, elderly and disabled. O’Melveny enjoys a deep, longstanding relationship with Bet Tzedek and is proud to support the organization’s mission. Adam Karr and his team are to be congratulated for the tenacity and legal scholarship they brought to this matter; they are part of a distinguished heritage of O’Melveny lawyers and staff who commit themselves similarly and, I should add, selflessly.”

Mitchell A. Kamin, Bet Tzedek’s president and chief executive officer, stated: “I offer heartfelt thanks and appreciation to O’Melveny & Myers—on behalf of our staff, board and, most importantly, clients in extreme need—for the dedication their firm brought to this case and so many others here, as well.”

“The Geter case exemplifies how, with O’Melveny’s assistance, Bet Tzedek is able to extend its services protecting seniors, families and individuals from homelessness. It also sends a resounding message that landlords who seek to unlawfully evict tenants by bringing baseless and unreasonable actions will be held accountable,” said Elissa Barrett, Bet Tzedek’s pro bono director.

About O’Melveny & Myers

With more than 1,000 lawyers in 13 offices worldwide, O’Melveny & Myers LLP helps industry leaders across a broad array of sectors manage the complex challenges of succeeding in the global economy. A values-driven law firm, O’Melveny is guided by the principles of excellence, leadership, and citizenship. Its commitment to these values is reflected in the firm’s dedication to improving access to justice through pro bono work and championing initiatives that increase the diversity of the legal profession. For more information, visit www.omm.com.

About Bet Tzedek

Founded in 1974, the mission of Bet Tzedek, which means “The House of Justice” in Hebrew, is to ensure “equal justice for all.” Annually, its staff and volunteers assist more than 10,000 clients of all racial and religious backgrounds with critical legal needs, principally in the areas of consumer law, housing issues, workplace matters, elder care and Holocaust reparations. For more information, visit www.bettzedek.org


ICDR And SIAC Open Singapore Office – American Arbitration Association

Manuel P. (Jun) Bautista, Jr. Appointed As Director To Expand Business Development In Asia

NEW YORK, October 15, 2007 -LAWFUEL – The Legal Newswire – The International Centre for Dispute Resolution® (ICDR), the international division of the American Arbitration Association (AAA), and the Singapore International Arbitration Centre (SIAC), the leading arbitral institution in Asia, jointly announced today that the ICDR Singapore office will officially open its doors October 17, 2007, coinciding with the start of the annual International Bar Association (IBA) conference. It was also announced that Manuel P. (Jun) Bautista, Jr. will serve as director of the office.

“This is a major step towards the establishment of Singapore as a leading arbitration center in Asia,” said Richard W. Naimark, senior vice president, ICDR. “The demand for alternative dispute resolution in Asia is on the rise, the ICDR saw its Asian caseload increase by 34 percent last year, from 100 cases in 2005 to 134 in 2006.”

Professor Lawrence Boo, deputy chairman, SIAC added, ”We are delighted to be taking our joint venture with ICDR to the next level. With the recruitment of Jun, we hope to further reach out to US companies doing business with Asia. Outside the Asian region, US parties continue to be the largest user of SIAC arbitration and I am confident that ICDR Singapore will enhance institutional arbitration services for them in Singapore.”

Mr. Bautista previously worked as a law firm associate in the Philippines and served as a Law Clerk to Justice Conchita Carpio Morales of the Supreme Court of the Philippines.
He holds a Master of Laws (LL.M.) from New York University School of Law and a Bachelor of Laws (LL.B.) from the University of the Philippines, College of Law. Mr. Bautista is admitted to the Bar in New York and the Philippines.

About the ICDR
The International Centre for Dispute Resolution (ICDR) was established in 1996 as the international division of the American Arbitration Association (AAA) to further enhance the delivery of conflict resolution services around the globe. In May 2001, the ICDR opened a European office in Dublin, Ireland to better serve the growing number of users in Europe, the Middle East and Africa. In February 2006, the ICDR opened an office in Mexico City, Mexico through a joint venture with the Mediation and Arbitration Commission of the Mexico City National Chamber of Commerce (CANACO). In October 2007, the ICDR opened an office in Singapore through a joint venture with the Singapore International Arbitration Centre (SIAC). As a full-service global conflict management provider, the ICDR administers worldwide dispute resolution proceedings under a set of rules consistently applied by the ICDR, rather than under numerous sets of national rules applied by unfamiliar foreign court systems. Please visit us at www.icdr.org.

About the SIAC:
The Singapore International Arbitration Centre (SIAC) is a leading arbitral institution in Asia. It offers parties a neutral and independent forum to resolve their commercial disputes and provides the necessary institutional support. Established in 1991, SIAC has managed over 1000 cases, involving parties from the Americas, Europe, Asia and other parts of the world. Two-thirds of these cases involve non-Singaporean parties. SIAC provides the following services: it helps parties to appoint their arbitrator when they are unable to agree; it manages all the financial accounts between parties and the arbitrator according to published transparent guidelines; it monitors and supervises the progress of the arbitration; and it assists parties in arranging the logistics, facilities and services for the arbitration.

Contact:
Wayne Kessler, Vice President, Corporate Communications
American Arbitration Association
(212) 716-3975
kesslerw@adr.org

Sabiha Shiraz, Registrar
Singapore International Arbitration Centre
(65) 6334 1277
sabihashiraz@siac.org.sg

About The Author