News & Events

News & Events2018-06-13T21:58:07+00:00
1308, 2018

California Court of Appeal Rejects Proposition 218 Challenge to City Cell Phone Tax

Gonzalez v. City of Norwalk, 17 Cal.App.5th 1295, Cal. App. 2 Dist., Dec. 04, 2017, as modified on denial of rehearing (Jan 03, 2018), review denied (Mar 14, 2018) Scott Noya and Lee Roistacher of Daley & Heft, LLP prevailed for the City of Norwalk in a class action challenge to its voter-approved utility user tax (UUT) on cell phone usage alleging violations of Proposition 218 and Proposition 62. The [...]

1308, 2018

Daley & Heft Represents Sellers of “Sand Toy Capital of the World” Property in Glamis, California

Daley & Heft Partner Scott Noya represented the sellers of approximately 150 acres of desert property located on State Route 78 in the town of Glamis, California. The firm’s client, a family estate and trusts, owned the Glamis property for decades. Glamis, an unincorporated community in Imperial County, is one of a series of former Southern Pacific railroad stops along the eastern edge of the Algodones Dunes. The “Glamis Dunes” area is popular with off-road enthusiasts [...]

1308, 2018

Daley & Heft Closes Loan Refinance Transaction for Historic Redwood Hollow Cottages in La Jolla

Daley & Heft Partner Scott Noya, representing private lenders, handled a loan refinance transaction for the historic Redwood Hollow cottages in La Jolla. Redwood Hollow is an enclave of historic redwood cottages, some dating back over 100 years, located in a garden setting hidden from view on La Jolla’s trendy Prospect Street. Redwood Hollow is operated as a bed and breakfast inn. The multi-million-dollar transaction included a partial principal paydown, [...]

1308, 2018

$125,000 Settlement for Flood Damage to La Jolla Home

Daley & Heft Partner Scott Noya assisted co-counsel in obtaining a $125,000 settlement on behalf of a 93-year old client after her La Jolla home was flooded. The client’s home suffered flood damages caused by a private contractor performing public infrastructure upgrades. After the client and her family submitted repair cost claims, the private contractor’s insurance company paid what it contended was final payment of $91,000 but refused to pay [...]

1308, 2018

Daley and Heft Recovers $280,000 for Client on $200,000 Promissory Note in Business Sale Dispute

Daley & Heft Partner Scott Noya recovered $280,000 on a $200,000 promissory note for a business client who sold a gas station and car wash operation in Chula Vista but did not receive full payment from the buyer. Payment of a $200,000 portion of the business purchase price was conditioned on the buyer/new owner’s timely exercise of a future option to extend the site lease. After the business sale, buyer [...]

1308, 2018

Daley and Heft Partner Scott Noya Wins for Port District in Complex Quiet Title Dispute of San Diego Bay’s Historic Tidelands Boundary

Scott Noya won a complex quiet title case for the San Diego Unified Port District after a two-week bench trial in November 2017.  Daley & Heft, on behalf of the Port District, teamed up with the State Attorney General’s office for the California State Lands Commission. Port District is trustee of the San Diego Bay tide and submerged lands granted by State under the Public Trust doctrine. The plaintiffs are [...]

1907, 2018

Daley and Heft Attorneys Mitch Dean and Garrett Smee Team Up Again for a Defense Verdict in a FEHA Retaliation Case

In the case of Flores v. City of Carlsbad (Case No. 37-2014-00015129-CU-OE-NC), Mitch Dean and Garrett Smee defended a trial before the Honorable Ronald Frazier and against the Gilleon Law Firm lawyer, Jim Mitchell.  The plaintiff, Jesse Flores, a Carlsbad police officer, claimed he was subjected to generally bad behavior by a fellow officer and a supervisor.  Ultimately, Flores complained that the behavior was motivated by racial discrimination against [...]

908, 2017


Mitch Dean and Garrett Smee teamed up to win an employment case for the City of Carlsbad when the court granted nonsuit on plaintiff’s FEHA claim for disability discrimination and business interference torts.  Judge Ronald Frazier in the North San Diego Superior Court, on August 1, 2017, granted nonsuit on all claims but one, after a 5 day jury trial.  Once nonsuit was granted, the plaintiff dismissed the remaining claim, [...]

3105, 2017

Provocation Rule abolished by SCOTUS

NINTH CIRCUIT-INVENTED PROVOCATION DOCTRINE ABOLISHED BY UNITED STATES SUPREME COURT In a May 30, 2017 opinion, the Unites States Supreme Court stopped in its tracks a doctrine invented by the Ninth Circuit: “If law enforcement officers make a “seizure” of a person using force that is judged to be reasonable based on a consideration of the circumstances relevant to that determination, may the officers nevertheless be held liable for injuries [...]