# 1337007, Landslide Repair Foundation v. David Casselman et al. & Related Cross Actions, filed 4/27/09

Defendant's/Cross-Complainant's Attorneys:

Peter Q. Ezzell for David Casselman and Wasserman, Comden & Casselman

Helen H. Yoon for Cal-Trans

Verdict: Defense                               Court Trial, Dept. 3

Plaintiff, a non-profit corporation formed to hold and be responsible for a $50 million settlement paid by Cal-Trans for an underlying lawsuit arising from a 2004-2005 landslide,  sued Defendants, nonprofit’s former counsel, for declaratory relief related to former counsel’s expenditure of $837,000 on expert witness fees, alleged to be contrary to the terms of the settlement in that all money was to be used for slide repair exclusive of litigation costs.  Plaintiffs were obligated to provide a full accounting to Cal-Trans and return ½ of unused funds together with interest.  Defendant Casselman, who handled the settlement for the Plaintiffs in the underlying lawsuit, maintained the payment of the $837,000 was proper and appropriate and cross-complained for additional sums of money from the $50 million balance.

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