Michael A. Morguess
AREAS OF PRACTICE
Writs and Appeals / Civil Litigation / General Counsel / Administrative Discipline
Western State College of Law
Michael’s practice focuses on labor and employment law, specializing in appeals, writs of administrative mandamus, ordinary mandate, and injunctions. He is certified by the State Bar of California as an Appellate Specialist. He is admitted to practice in: California; Oregon; United States Supreme Court; Ninth Circuit Court of Appeals; United States District Court, Northern, Eastern, Central, and Southern Districts. He has litigated over 100 appellate cases, and hundreds of superior court writ of mandate matters.
Prior to joining CASTILLO HARPER, APC, Michael ran a successful writs and appeals practice, and prior to that was a Senior Associate at Lackie Dammeier & McGill where he headed up their Writs and Appeals practice. Since then, he has continued to represent police officers and other public employees as well as their professional associations in labor, employment, and disciplinary matters. His work has resulted in a number of published appellate and Supreme Court opinions, as well as superior court wins resulting in the overturning of disciplinary decisions. He is a panel attorney for the Peace Officer Research Association of California Legal Defense Fund (PORAC LDF), California Correctional Supervisors Organization (CCSO), and a committee member of the Public Employment Section of the California Employment Lawyers Association.
Michael also worked for Colantuono & Levin, a premier municipal law firm where he served as an Assistant City Attorney for a number of cities and General Counsel for a joint powers authority, advising on and litigating personnel matters and other public employment issues, including employee discipline and investigations, wage and hour laws, leave time, employee discrimination claims, employment agreements, and labor relations and disciplinary issues under the Meyers-Milias-Brown Act, Public Safety Officers Procedural Bill of Rights Act, and Firefighters Procedural Bill of Rights Act. He also provided advice on and litigated matters involving the Brown Act, Public Records Act, Political Reform Act, California Environmental Quality Act (CEQA), Government Claims Act and municipal finance matters.
Michael also served as a Research Attorney for the Honorable David P. Yaffe of the Los Angeles Superior Court, Central District, who presided over one of only two Writs and Receivers departments in that court. Michael researched and wrote detailed proposed rulings on literally hundreds of traditional and administrative mandate petitions involving public employee disciplinary and civil service matters, CEQA matters, Public Records Act disputes, corporate and public elections issues, and preliminary injunctions.
Michael grew up in New York and moved to California in 1990. After a career in deaf services, he attended Western State University College of Law in Fullerton, California. He received his Juris Doctor, cum laude, in 1997, graduating sixth in his class. Michael served as a Law Review editor for five semesters and published an article in the Western State Law Review (Peterson v. Superior Court: California Supreme Court Overturns Becker v. IRM, Abandoning Strict Liability for Landlords, Spring 1996). He received the American Jurisprudence Award for Excellence in Civil Procedure, Contracts, Property, and Torts. You can reach him directly at Morguess@CastilloHarper.com.
Published Appellate Cases:
Filarsky v. Delia, 132 S.Ct. 1657 (2012) (prepared merits brief) (1983/immunity for private vendors of govt.)
Dahlia v. Rodriguez, 735F.3d 1060 (9th Cir. 2013) (en banc) (1983/First Amendment)
Ellins v. City of Sierra Madre, 710 F. 3d 1049 (9th Cir. 2013) (1983/First Amendment)
Ko v. City of La Habra, 534 Fed. Appx. 615 (9th Cir. 2013) (USERRA)
Cadkin v. Loose, 569 F. 3d 1142 (9th Cir. 2009) (on brief) (Copyright Act Attorney Fees)
Quon v. Arch Wireless Op. Co., 445 F. Supp. 2d 1116 (USDC 2006) (1983/Stored Comm. Act)
Weaver v. City & County of San Francisco, 158 Fed. Appx. 921 (9th Cir. 2005) (FLSA)
Neveau v. City of Fresno, 392 F. Supp. 2d 1159 (USDC 2005) (1983/First Amendment)
Claremont POA v. Claremont (2006) 39 Cal. 4th 623 (MMBA)
Riverside County Sheriff’s Dept. v. Stiglitz (2014) 60 Cal. 4th 624 (Pub. Sfty. Bill of Rights Act) (amicus)
County of Riverside v. Superior Court (2003) 30 Cal. 4th 278 (amicus) (interest arbitration)
Ellins v. City of Sierra Madre (2016) 244 Cal. App. 4th 445 (Pub. Sfty. Off. Proc. Bill of Rights Act)
Hughes v. County of San Bernardino (2016) 244 Cal. App. 4th 542 (Civil Service Hearing Rights)
Dept. of Corr. & Rehab. v. St. Pers. Bd. (McCauley) (2015) 238 Cal. App. 4th 710 (State Civil Service Rights)
The Federated Univ. Police Offcrs. Assn v. Superior Court (2013) 218 Cal. App. 4th 18 (rev. granted/depublished) (Cal. Pub. Records Act)
Sabey v. City of Pomona (2013) 215 Cal. App. 4th 489 (1983/due process)
Birke v. Oakwood Worldwide (2009) 169 Cal. App. 4th 154 (amicus) (public nuisance)
Rialto Pol. Benefit Assn v. City of Rialto (2007) 155 Cal. App. 4th 1295 (on brief) (MMBA)
Wirth v. State of California (2006) 142 Cal. App. 4th 131 (Salary compaction for supervising correctional officers)
Florio v. Ontario (2005) 130 Cal. App. 4th 1462 (on brief) (1983/due process)
Alhambra POA v. Alhambra (2003) 113 Cal. App. 4th 1413 (Pub. Sfty. Bill of Rights)
Upland POA v. Upland (2003) 111 Cal. App. 4th 1294 (Pub. Sfty. Bill of Rights)
Shafer v. County of Los Angeles (2003) 106 Cal. App. 4th 1388 (Pub. Sfty. Bill of Rights)
Otto v. LAUSD (Otto II) (2003) 106 Cal. App. 4th 328 (CCP 1021.5 Attorney Fees)
Otto v. LAUSD (Otto I) (2001) 89 Cal. App. 4th 985 (Peace Officer Bill of Rights)