Colantuono, Highsmith & Whatley, PC

January 2022

Testified at trial

Expert on the standard of care in a professional malpractice case between a City and its former counsel arising from a disputed solid waste franchise – Los Angeles Superior Court – my records do not include the case details, but I believe this was in 2012 or so

Joseph Dunn v. State Bar of California – I testified before the arbitrator in an employment law dispute as a percipient witness in 2017

Testified at deposition

City of Coachella v. Jimmy L. Gutierrez, Riverside Superior Court Case No. 076601 (2008) – I testified and provided a declaration for summary judgment on the standard of care for defense of a professional errors and omissions case between a city and its former city attorney

RiverPark Development, LLC v. City of Oxnard – I testified as both an expert and as a percipient witness in a dispute involving land use entitlements I assisted Oxnard in issuing. I was deposed twice in related cases. My records do not include the case details, but I recall this was in 2002–2003

Testimony by declaration

City of San Diego v. SCI Consulting Group, San Diego Superior Court Case No. 30-2012-00606685 (2012) – expert for City on standard of care of an assessment engineer in a professional errors and omissions case

Browning v. City of San Diego, San Diego Superior Court Case No. 37-2012-00094831 (2012) – attorney fee motion

Old Topanga Homeowners v. City of Calabasas, LA Superior Court Case No. SS020240 (2010) – attorney fee motion

San Ramon Valley Fire Protection District v. Contra Costa County Employees’ Retirement Association, Contra Costa Superior Court Case No. N03-0938 (2003) – attorney fee motion

Moraga-Orinda Fire Protection District v. Steven Weir, et al., Contra Costa Superior Court Case No. NO2-1326 (2002) – attorney fee motion

Carmel Valley Fire Protection District v. All Persons, Monterey Superior Court Case No. M52734 (2001) – attorney fee motion

Non-testifying expert

Hall Vineland, LLC v. City of St. Helena, Napa Superior Court Case No. 19 CV 000897 (2020–2021) – I was retained to testify for the City as to the practices of water utilities as to will-serve letters in a case that settled before I was deposed

Support for Ventura County District Attorney’s investigation of criminal conflict of interest allegations against the former contract general counsel of the Camarillo Healthcare District for excessive billing approved by the former executive director with whom he was engaged in an undisclosed romantic affair – no charges were ultimately filed (2017)

La Jolla Benefits Association v. City of San Diego, San Diego Superior Court Case No. 37-2016-00045595 (2016) – I was retained to provide substantive expertise in a land use and inverse condemnation dispute

Old Town Academy v. Harris, San Diego Superior Court Case No. 37-2016-0027892 (2016) – I was retained to assist the defense of a dispute between competing boards of directors of a non-profit that operated a charter school, opining on public law issues

Border Business Park, Inc. v. City of San Diego, San Diego Superior Court Case No. 692794 (2014) – I was a member of a large and complex expert team in the remand trial of a land use and inverse condemnation dispute after reversal of a $100 million+ judgment against the City. Originally retained to testify on the Subdivision Map Act, my role grew to cover a range of public law issues

City of Marina v. Fort Ort Reuse Authority, Monterey Superior Court Case No. M118566 (2014) – FORA retained me to opine on its authority to impose development impact fees

Sacramento Housing Alliance v. City of Folsom, Sacramento Superior Court Case No. 34-2011-800000833 (2011) – I provided expert support on housing and land use laws to the defense

City of Placentia v. Woodruff, Spradlin & Smart, APC, Orange County Superior Court Case No. 30-2010-00367949 (2010) – standard of care in a professional errors and omissions case which settled before my deposition for the plaintiff

Cynthia Garrison-Arce v. Eagle Park Charter School, San Diego Superior Court (2009) – I was retained to testify as to open meeting, conflict of interest and other laws applicable to charter schools in a dispute with former employees and boardmembers

Mission Valley Rock Co. v. County of Alameda, Alameda Superior Court (2003) – I was retained to assist the plaintiffs in a dispute over a land use initiative which reduced claimed vested rights to operate a quarry