Terence J. Gallagher

PROFESSIONAL EXPERIENCE
Terence Gallagher is a Partner with Olivarez Madruga Lemieux O’Neill. Mr. Gallagher has participated in and managed civil litigation disputes involving real estate, civil rights, construction, condemnation, environmental, municipal, administrative, business, and commercial law issues for clients that include the cities of Adelanto, Dana Point, Duarte, Irvine, Laguna Beach, and Signal Hill, the Capistrano Unified and Huntington Beach Union High School Districts, Drug Emporium Inc., and Fred Meyer Stores, Inc.

Mr. Gallagher has been responsible for all aspects of litigation, including preparation and practice involving pleadings, written and deposition discovery, procedural and dispositive pretrial motions and writs, as well as managing and handling arbitration, trial, administrative, and appellate proceedings. He has advised and appeared before city councils, planning commissions, and redevelopment agency boards of directors, prepared local legislation, and negotiated, drafted, and analyzed purchase and sale, disposition and development, easement, commercial sale and leasing and settlement transactions.

Mr. Gallagher’s practice has included representing numerous public and private entities in negotiations and construction disputes and litigation involving competitive bidding, subcontractor substitution, delay and disruption damages, design and construction defects, and mechanic’s liens and stop notices.
Mr. Gallagher also has counseled school districts in employment matters involving certificated and classified personnel, including grievances, investigations of misconduct, disciplinary proceedings and hearings involving suspensions and dismissal, and employment discrimination charges before the Equal Employment Opportunity Commission and California Fair Employment and Housing Commission. He has advised school districts in reduction-in-force layoffs of certificated staff under Education Code 44949 et seq., and has been counsel of record in related Office of Administrative Hearings proceedings.

Mr. Gallagher’s practice has also included drafting and defending motions for summary judgment, remand, and class certification and writs of habeas corpus addressing issues of criminal procedure, ERISA, civil rights, 42 U.S.C. § 1983, and the Americans With Disabilities Act. He has experience in drafting petitions for writ of mandamus regarding the Medical Injury Compensation Recovery Act, medical malpractice, professional license revocation, and administrative mandamus issues.

REPRESENTATIVE MATTERS
  • Dynamic Builders v. Floyd Reid dba Lakeland Leasing Co., Derma Genesis, Inc., AAA Case No. 80-110-00075-JUBA. Obtained dismissal for owner following arbitration of complaint seeking $600,547 and additional funds under construction contract and mechanics’ lien claims.
  • Pinner Construction Company v. Saddleback Valley Unified School District, Orange County Superior Court Case No. 813531. Defended school district in construction contract dispute seeking compensation for delay damages and extra work.
  • Coffey v. Lynwood Unified School District, Los Angeles Superior Court Case No. TC024586. Defended Lynwood Unified School District in case alleging race, age, and disability discrimination claims.
  • Pickard Construction Inc. v. City of Monrovia, Los Angeles Superior Court Case No. BC189268.  Defended City of Monrovia in construction contract dispute involving delay claims and alleged design and construction defects in fire station project.
  • Sebastian International v. Drug Emporium, Inc., Los Angeles Superior Court Case No.  BC 175935.  Obtained summary judgment and defended appeal on behalf of national retail store chain Drug Emporium in commercial dispute involving business torts claims which included unfair competition and interference with contract.
  • Joico Laboratories Inc. v. Fred Meyer Stores, Inc., Los Angeles Superior Court Case No. 177843.  Defendant retailer in business tort litigation and obtained judgment of dismissal of lawsuit seeking invalidation of corporate merger transaction involving multiple national retail store chains.
  • Salgado v. County of Los Angeles, Los Angeles Superior Court Case No. SCC22624, (1998) 19 Cal. 4th 629.  Assisted in Plaintiff’s appeal in medical malpractice case involving damages valuation and satisfaction of judgment under Medical Insurance Compensation and Recovery Act.
  • In Re Matter of Search Warrant Number 10282H.  Defended City of El Monte’s police department in criminal defendant’s petitions for return of seized evidence.
  • Jackson v. City of Fullerton Police Department, U.S. District Court for the Central District of California Case No. CV 04-6222. Represented City of Fullerton in 42 U.S.C. § 1983 wrongful termination case based on alleged retaliation under First Amendment.
  • Lavery v. City of Laguna, U.S. District Court for the Central District of California Case No. SACVO388. Represented City of Laguna Beach and two individual police officers in 42 U.S.C. § 1983 wrongful arrest case based on First Amendment challenge to public art sales ordinance.
  • California Earth Corps v. State Lands Commission et al., Sacramento Superior Court Case No. 01CS01556. Represented City of Long Beach in constitutional challenges to transfer of land under public tidelands trust.
  • Neighborhood Schools for Our Kids v. Capistrano Unified School District, Orange County Superior Court Case No. 05CC07288. Represented school district in Proposition 209 and equal protection challenges to race-conscious school attendance boundary determinations.
  • Crawford v. Huntington Beach Unified High School District, Orange County Superior Court Case No. 01CS01556. Represented school district in Proposition 209 and equal protection challenges to race-conscious school transfer policy.
  • Leigh Investments, LLC v. City of Adelanto, San Bernardino County Superior Court Case No. CIVVS703503. Represented Adelanto and obtained judgment in inverse condemnation case based on denial commercial land use entitlement application.
  • Cities of Arcadia et al. v. The State Water Resources Control Board et al., Los Angeles County Superior Court Case No. GIC 803631. Represented twenty-two Los Angeles County Cities challenging a regulation imposing a “zero” trash discharge limit from municipal storm drains into the Los Angeles River.
  • In re Los Angeles County Municipal Stormwater Permit Litigation, Lead Case No. BS080548; [Related Cases: BS080753; BS080758; BS080791; BS080792; BS080807]. Represented thirty-one Los Angeles County Cities, along with the Building Industry Legal Defense Foundation, in an action challenging a National Pollutant Discharge Elimination System (“NPDES”) Permit issued by the Los Angeles Regional Water Quality Control Board for the County of Los Angeles and all Cities within the County.
  • Extra Space of Laguna Hills v. City of San Clemente, Orange County Superior Court Case No. G027806. Participated in defending the City of San Clemente in inverse condemnation and statutory challenges to a traffic impact fee brought by a self-storage operator.
EDUCATION
  • University of California, Hastings College of the Law, J.D., cum laude, 1997
    • Hastings Law Review, Production Editor
    • Order of the Coif
    • Thurston Society
    • American Jurisprudence Award – Constitutional Law
  • University of California, Irvine, B.A., Environmental Analysis and Design, magna cum laude, 1993
BAR AND COURT ADMISSIONS
      • State Bar of California (1997)
      • United States District Court, Central District of California (1998)
      • Ninth Circuit Court of Appeals
      • United States District Court, Southern District of California (2000)
      • United States District Court, Northern District of California (2001)
      • United States District Court, Eastern District of California (2002)

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