Wilke Fleury associates Samson R. Elsbernd and Natalie A. Johnston have recently been admitted to the Milton L. Schwartz/David F. Levi American Inn of Court. The Schwartz/Levi Inn is designed to improve the skills, professionalism and ethics of the bench and bar, and is affiliated with the American Inns of Court. The Inn meets monthly in Davis, California, and is made up of members from the Sacramento and Yolo County legal communities. Samson and Natalie are among the most recent additions to the Inn, which includes area judges, lawyers, legal scholars, and law students.

The Sacramento Business Journal recently reported Wilke Fleury’s representation of over 50 West Sacramento homeowners in a construction defect lawsuit against national builder Meritage Homes. The litigation, headed up by partner David A. Frenznick, seeks rescission of the sales contracts or money damages sufficient to make repairs.

“Our experts believe that all of the homes were built to the wrong wind exposure standards,” Frenznick said. “The homes are moving, which causes cracking, which then allows the entry of water into the homes."

Read more: 50 homeowners file suit against Meritage Homes

As recently reported in the Sacramento Bee, the firm has filed suit on behalf of Falcon Technologies against Pro-Tech Industries. The suit alleges that Pro-Tech executives, once installed as Falcon officers, assumed control of Falcon and subsequently resigned before the merger was completed. The suit charges that Pro-Tech then instituted a "reverse merger," using former Falcon employees, contracts and equipment.

Read more: Falcon Technologies Sues Merger Target

Six of Wilke Fleury’s attorneys have recently been named either "Super Lawyers" or "Rising Stars" by the 2010 Northern California Super Lawyers Magazine. Phil Birney, Tom Redmon, Ron Lamb, and Dan Egan were named "Super Lawyers." It was Mr. Birney’s fifth year to receive this honor and Mr. Redmon’s fourth. Dan Baxter and Megan Lewis were named "Rising Stars" for the second year in a row. The list of honorees is compiled through a multiphase process of peer nominations and evaluations, as well as third party research. Just five percent of the lawyers in California are selected for the "Super Lawyers" designation, and no more than 2.5 percent are named "Rising Stars." Wilke Fleury congratulates these six outstanding lawyers on their achievement.

Michael G. Polis and Natalie A. Johnston recently presented a day-long continuing legal education seminar for the National Business Institute entitled Accounting 101 for Attorneys. The seminar took place in Sacramento and was attended by a variety of private attorneys, in-house legal counsel, business managers, and controllers. Mr. Polis and Ms. Johnston lectured on a variety of topics, including basic accounting terms, how to read financial statements, understanding GAAP, interpreting the numbers, identifying fraud, using accounting and financial records as evidence, and complying with ethical standards. Mr. Polis has a wealth of experience in accounting, both in his previous career as a certified public accountant and in his current position as managing partner of Wilke Fleury. Mr. Polis also has extensive experience teaching. He has been an instructor for the California State University, Sacramento, University of California, Davis, and the University of Phoenix. Ms. Johnston obtained her accounting knowledge from the University of California, Davis, Graduate School of Management, where she received her Masters in Business Administration in 2008.

The California Board of Governors has appointed Wilke Fleury associate Samson R. Elsbernd to the State Bar’s California Young Lawyers Association (CYLA). CYLA advises the Board of the interests of California young lawyers, develops strategies for increasing young lawyer involvement and participation in the State Bar, and facilitates the development of programs and services that would assist young lawyers in their professional and leadership advancement and programs that benefit the public.

CYLA members serve as ambassadors of the State Bar to the young lawyer organizations within the state. A California young lawyer is defined as a member in good standing of the State Bar of California who is in his or her first five years of practice in place California or who is age 36 or under. Mr. Elsbernd’s appointment will begin at the close of the 2010 State Bar Annual Meeting on September 26, 2010.

Wilke Fleury obtains judgment in Bankruptcy Court trial. Megan Lewis and Jason Cinq-Mars recently obtained a $204,000 judgment following a trial in the Bankruptcy Court for the Eastern District of California.  Ms. Lewis and Mr. Cinq-Mars represented a client that had emerged from Chapter 11 bankruptcy proceedings and sued to recover monies the client had paid to purchase invalid medical claims. Ms. Lewis and Mr. Cinq-Mars regularly represent clients in all aspects of Chapter 7 and 11 bankruptcy proceedings.

Mariam Siddiqui has joined Wilke Fleury for the summer as a member of the Sacramento County Bar Association’s Diversity Fellowship program. Ms. Siddiqui received her bachelors degree from the University of California, Berkeley and recently completed her first year of law school at the University of Pacific, McGeorge School of Law. She is a Sacramento native and enjoys photography, traveling and spending time at the river.

Wilke Fleury welcomes Bianca Watts to its Summer Associate Program. Ms. Watts recently completed her second year of law school at the University of the Pacific, McGeorge School of Law. She is a staff writer for the McGeorge Global Business and Development Journal and an executive board member of the Black Law Student’s Association. Last summer, Ms. Watts participated in the Sacramento County Bar Association Diversity Fellowship Program. Ms. Watts is an avid fan of the New Orleans Saints and the Sacramento Kings, and is currently studying karate.

Wilke Fleury recently secured a victory before the Court of Appeal of the State of California, Third Appellate District, on behalf of bankruptcy trustee Michael Burkhart. In the underlying trial court proceedings, Wilke Fleury partners Megan Lewis and Daniel Egan obtained an order under which Mr. Burkhart was substituted into the litigation as the party plaintiff following the bankruptcy filing of defendant Wire Comm Wireless, Inc. That decision was disputed by the creditor plaintiff, New Cingular Wireless Services, Inc., which appealed the matter. Wilke Fleury partner Dan Baxter handled the briefing and oral argument before the appellate court. Just eight days after that oral argument, the court issued an opinion affirming the trial court’s ruling in full. To view the Court of Appeal’s decision, go to http://www.courtinfo.ca.gov/opinions/nonpub/C058837.PDF.

In 2009, Wilke Fleury raised $2,400 through its “Jeans Friday” program for the Down Syndrome Information Alliance (DSIA). “Jeans Friday” is an initiative that allows Wilke Fleury employees to wear jeans on Friday if they contribute $5.00 toward a charity that has been selected by employee vote. The charity selected for 2009 was Sacramento’s Down Syndrome Information Alliance, which provides support and resources for those affected by Down Syndrome to improve their knowledge and quality of life. DSIA develops and distributes informational materials, conducts outreach with local healthcare and service providers and develops a community support network to benefit families affected by Down Syndrome. Trevor Stapleton, a Wilke Fleury partner, is a member of the Board of DSIA and also serves as the organization’s treasurer. Wilke Fleury is proud to support DSIA’s efforts in our community.

Wilke, Fleury, Hoffelt, Gould & Birney, LLP is pleased to announce the arrival of two new associates, Samson R. Elsbernd and Natalie A. Johnston.

Mr. Elsbernd joined the firm as an associate in September 2009. He attended Pacific McGeorge School of Law, graduating with distinction. He received the Certificate of Governmental Affairs and the Witkin Award in Legislation. He served as President of the McGeorge Federalist Society, and was a member of the Labor and Employment Practice Group Executive Committee for the national Federalist Society. While completing his studies, he was a legal extern for the California Emergency Management Agency. Additionally, he was a certified student attorney for Community Legal Services, a non-profit civil practice clinic, and for the Solano County Public Defender.

Ms. Johnston joined the firm as an associate in November 2009 after a year long judicial clerkship with the Honorable John E. Suddock of the Alaska Superior Court. She graduated with her J.D. and M.B.A. from the University of California, Davis in 2008. While in law school, Ms. Johnston served as a member of the U.C. Davis Law Review and chaired the King Hall Legal Foundation, a student-run nonprofit benefiting public interest law, and the Asian Pacific American Law Students Association. She also served as a teaching assistant for the U.C. Davis undergraduate studies program and volunteered to assist with the annual Prison Law Symposium.

Daniel L. Baxter, Wilke Fleury Hiring Partner, said, “We are truly excited to have Natalie and Samson on board, and know that our clients will appreciate the level of service these two talented lawyers will provide.”

Daniel Egan, who Chairs the Firm’s Bankruptcy Practice, recently spoke at the 2009 Annual Conference of the California Association of Local Agency Formation Commissions on the topic of municipal bankruptcy law. Mr. Egan’s speech included a review of Chapter 9 of the Bankruptcy Code, and discussed some of the benefits, as well as challenges, faced by a city or public entity that chooses to commence a bankruptcy case.