John O. Pinkney

Bar / Professional Activity

• The State Bar of California
• Palm Springs International Film Festival, Board of Directors and Executive Committee
• Local Banking Institutions, Advisory Board

Verdicts / Settlements (Case Results)

• CASE: Anderson v. Picayune Rancheria of Chuckcansi Indians. DESCRIPTION: Complex lawsuit between County Sheriff and Tribe in which Tribal Court attempted to exercise jurisdiction over County Sheriff. Handled case in Tribal Court and as Co-Counsel in Northern District Federal Court. OUTCOME: Client prevailed in Federal Court Action, 2014
• CASE: AMH V, LLC v. Salton Community Service. DESCRIPTION: elections law litigation. OUTCOME: Client prevailed., 2014
• CASE:  Vagim v. City of Fresno. DESCRIPTION: Proposition 218 case - served as Amicus Counsel., 2013
• CASE:  Mission Springs Water District v. Verjil. DESCRIPTION: In 2010, the District adopted water and sewer rate increases effective January 1, 2011. According to the District, the rate increases are necessary if it is to remain solvent and to continue to carry out its vital public functions. According to the Proponents, however, the rate increases are unjustifiably high, due in part to employee salaries, health benefits, and pension benefits that are out of line with those prevailing in the private sector. The Proponents circulated petitions for two initiatives (one for water rates and one for sewer rates) that would undo the rate increases and restore the preexisting rates. The initiatives also provided that, every fiscal year, “the District may adjust these rates by the percentage increase, if any, in the Consumer Price Index published by the federal Bureau of Labor Statistics for the region applicable to the District.” In May 2011, defendant Kari Verjil, the registrar of voters, notified the District that the initiatives had received enough signatures. (See Elec.Code, §§ 9308, subd. (e), 9309, subd. (f).) At that point, the District was statutorily required to order that the initiatives be placed on the ballot at the next general election. (Elec.Code, §§ 1405, subd. (b), 9310, subd. (a)(2).) 2 The District, however, did not do so. Instead, it filed this action for declaratory relief. - See more at: http://caselaw.findlaw.com/ca-court-of-appeal/1641299.html#sthash.i9Dclmcr.dpuf. Historic published Court of Appeal decision holding that a ballot measure may be kept off the off the ballot where it represents an effort by the electorate to exercise a power the electorate does not possess. OUTCOME: Client (MSWD) prevailed at trial Court and on Appeal. See Mission Springs Water District v. Virjil (2013) 218 Cal.App.4th 892., 2013

Representative Clients

• Mr. Pinkney has represented public agencies in large and complex litigation matters. These matters have included constitutional rights issues, contract issues and cases involving disputes over large scale real estate projects. He served as co-trial-counsel for a city and redevelopment agency client in a complex trial in which the client obtained a $17 million dollar judgment against a developer. Mr. Pinkney also obtained $4.5 million for a city client that was damaged when a large international retail company breached an operating covenant agreement. Mr. Pinkney has successfully defended property owners in complex large damage cases, including successfully defending a real estate investor in a $27 million dollar breach of contract case. He has also obtained several million dollars in recovery for agricultural interests in crop damage cases and has successfully litigated and handled a plethora of matters for public agencies, hospitals, Native American tribes and private businesses.

Educational Background

• Brigham Young University, B.A.

Scholarly Lectures / Writings

• A Handicapped System, Author, Coachella Valley Independent, 2014
• Author, Mission Springs Water District Latest to Toughen Rules, The Desert Sun, 2014
• Author, Court Decision Reaffirms Rate Setting Powers of Water Districts, ACWA, 2013
• Speaker, Assembly Bill 1234, Annual City Council Training, 2014
• Speaker, Compliance with the Ralph M. Brown Act for Public Agencies, Public Agency Training Seminars, 2013
• Speaker, Proposition 218, Association of California Water Agencies (ACWA) Annual Conference, 2013
• Speaker, Arbitrating Disputes for Tribal Entities, Tribal First Risk Management Seminar - Sacramento, 2012
• Speaker, Risk Management for Tribal Entities, Cabazon Tribe Risk Management Seminar, 2012

Honors

• Best Oral Advocate, Brigham Young University, 1992
• National Moot Court Team Member, J. Rueben Clark School of Law, 1992
• Semi-Finalist Award: Annual Moot Court Competition, Vanderbilt School of Law, 1992
• Assembly Proclamation for Community Involvement, California Assembly, 2002
• President's Award, Palm Springs Chamber of Commerce, 2002
• Senate Proclamation, California Senate, 2002

Awards

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AV Preeminent®: This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.