TRUMAN & ELLIOTT LLP

Representative Experience

• Since 1995, Ms. Truman has represented the Playa Vista project, the largest and one of the most controversial development projects in the City of Los Angeles, during the federal, state and local entitlement processes and in over 15 lawsuits brought by project opponents. Most recently, in September 2004, the approval of the Village at Playa Vista included the certification of an environmental impact report with an administrative record filling 140 volumes, approval of an extensive Mitigation Monitoring and Reporting Program, amendments to the City’s General Plan and the Area D Specific Plan, zone changes, and a Development Agreement.

• Ms. Truman is currently defending, along with lawyers at Latham & Watkins, challenges to the Village at Playa Vista under CEQA in City of Santa Monica et al. v. City of Los Angeles et al.., Los Angeles Sup. Ct. Case No. BS093502 and Federation of Hillside and Canyon Associations, et. al. v. The City of Los Angeles et al., Los Angeles Sup. Ct. Case No. BS093507. In January 2006, the court denied the petitions for writ of mandate and entered judgment in favor of the City and Playa Vista. This case is currently on appeal.

• Since 1998, Ms. Truman has represented a former owner of an industrial site converted to a middle school in South Central Los Angeles. She defended a CERCLA cost recovery action brought by a prior owner of a neighboring site and now represents the client’s interests as part of a group of potentially responsible parties organized to investigate and remediate solvents and hexavalent chromium at the school site.

• In Inland Empire Waterkeeper v. Corman Leigh Communities, CV 06-1002 DDP (Feb. 17, 2006), Ms. Truman defended four Clean Water Act lawsuits, alleging violations of construction storm water regulations, developed novel approaches to storm water controls along with the client and storm water consultants, and negotiated a comprehensive settlement agreement covering four construction sites.

• Ms. Truman successfully represented the City of Glendale in its effort to obtain approval from the California Public Utilities Commission for an at-grade railroad crossing. She worked closely with executives from Metrolink, Union Pacific Railroad Company, the Walt Disney World Co. and the California Department of Transportation to develop an agreement to enhance safety along the entire railroad corridor in the City and ultimately persuade Commission staff to support the City’s application.

• On behalf of a large homeowners’ association in Marina del Rey, Ms. Truman and Mr. Elliott worked with the neighboring landowner and City of Los Angeles representatives to resolve parking, staging and common area issues caused by the construction of a large, multi-phase condominium complex by the neighboring landowner.

• In Buckland v. Threshold Enterprises, Ltd., Los Angeles Sup. Ct. Case No. 344046, a Prop 65 lawsuit against dozens of manufacturers and distributors of progesterone creams, Ms. Truman kept legal fees and costs to a minimum as she negotiated a beneficial settlement for the client.

• On behalf of a residential landowner, Ms. Truman and Mr. Elliott worked with the City of Riverside to resolve concerns regarding the impact of lighting and noise from a planned city facility on the client’s residence.

• In Wetlands Action Network v. U.S. Army Corps of Engineers, 222 F.3d 1105 (9th Cir. 2000), Ms. Truman was instrumental in obtaining the reversal in the Ninth Circuit of a district court's summary judgment invalidating Playa Vista’s Clean Water Act Section 404 permit on the grounds of segmentation and insufficient analysis of impacts as well as an injunction preventing construction in 16 acres of federally delineated wetlands.

• In California Brown Pelican, et al. v. U.S. Army Corps of Engineers, et al., CV 98-621 RSWL (C.D. Ca.), Playa Vista project opponents filed an action under the Endangered Species Act, alleging the U.S. Army Corps of Engineers failed to consult with the U.S. Fish and Wildlife Service prior to issuing a Section 404 permit. Ms. Truman assisted with the successful defense of a motion for a preliminary injunction and the case ultimately was dismissed as moot.

• Ms. Truman has represented Playa Vista in three cases demanding that the City prepare a Subsequent Environmental Impact Report for the First Phase Project after elevated levels of methane were encountered at the project site. See e.g., Environmentalism Through Inspiration and Non-Violent Action (“ETINA”), et al. v. City of Los Angeles, et al., Los Angeles Sup. Ct. Case No. BS073182.

• In Sierra Club, et al. v. City of Los Angeles, et al., Los Angeles Sup. Ct. Case No. BC273358, project opponents alleged the California Coastal Commission violated the Coastal Act by allowing development within coastal wetlands. Ms. Truman successfully argued against a motion for preliminary injunction, which led to a quick settlement in this case.

• In 2003, Ms. Truman represented Playa Vista in a CEQA challenge to the issuance of grading and stockpile permits for the development of a temporary erosion control detention basin and a 500,000 cubic yard stockpile within the area of the Village at Playa Vista to support First Phase Project activities. The court denied the petition. See Ballona Wetlands Land Trust v. City of Los Angeles, et al., Los Angeles Sup. Ct. Case No. BS085234.

• In 2003 and 2004, Ms. Truman was part of a small team of legal and archaeological consultants to shepherd Playa Vista through the maze of sensitive legal, political and public issues after a Native American burial area was encountered and then excavated within the footprint of the riparian corridor in the First Phase Playa Vista Project.

• Ms. Truman has represented energy and petroleum industry clients, for whom she has defended CERCLA, toxic tort and private nuisance claims.

• The firm is currently representing a proposed mixed-use development, a co-venture of Walgreens and Pacific Development Partners to create a multi-level shopping and housing complex in West Hollywood, California. Lorcan O’Herlihy of LOH Architects is designing the project.

• On behalf of Morgan’s Hotel Group, Mr. Elliott secured the rights to install and maintain a 5,000 square foot outdoor advertising display (Tall Wall) at the Mondrian Hotel in West Hollywood.

• On behalf of a major national REIT, Mr. Elliott successfully obtained the right for a hotel to serve alcoholic beverages. This case involved the applicant’s third attempt to obtain licensing over the objection of area neighbors. After an adjudicatory hearing before an administrative law judge, the applicant was ultimately granted a license.

• On behalf of Estee Lauder Corporation (AVEDA), Mr. Elliott obtained entitlements for the operation of a retail and trade school operation for this nationally recognized company.

• Mr. Elliott has represented Whitecap Development in various entitlement matters, including most recently the proposed construction of 42 loft style condominiums in the Hollywood Redevelopment Area. The firm assisted Whitecap in overcoming obstacles to development when protesters attacked the local agencies determination that a proposed development site was not suitable for designation as a cultural/historic resource

• Representing the leaseholder of the property built by the First National Bank of Sherman, Mr. Elliott succeeded in obtaining the right to adaptively reuse the structure located at 8811 Santa Monica Boulevard for use as a nightclub. The entitlement process included obtaining a permit for Rehabilitation (adaptive reuse), a Development Permit, a Conditional Use Permit, a Parking Use Permit and an Alcoholic Beverage License. Sherman was the town (now mostly West Hollywood) that served as the transportation center for Los Angeles in the 1920s. The property historically housed the repair facilities for the Red Car line which ran from downtown Los Angeles to the Pacific Ocean.

• Mr. Elliott has represented Millennium Enterprises, a local development company. Millennium is now constructing a four-level housing development, footsteps from the world famous Sunset Strip. Despite significant opposition from project opponents, Mr. Elliott secured the entitlements allowing the proposed project to proceed despite allegations that the existing site was worthy of designation as a local cultural landmark. For this project, Mr. Elliott oversaw the entitlement and design process, defending the project application as it proceeded through various administrative hearings.

• On behalf of Orion Outdoor Media, Mr. Elliott obtained the right to install a SuperGraphic Sign in the downtown core of Los Angeles. This matter required obtaining a hardship exemption pursuant to the City of Los Angeles issuance of an Interim Control Ordinance (Moratorium) preventing the establishment of new SuperGraphic Signs in Los Angeles.

• At the request of AMC Theatres (General Cinema Corporation), Mr. Elliott conducted lease negotiations to secure real estate in Southern California.

• Mr. Elliott has defended complex litigation involving 21 defendants (all liquor licensed establishments) accused of gender discrimination by holding “Ladies Nights” events. The lead case, Angellucci v. Century Supper Club, is currently pending before the California Supreme Court.

• On behalf of national developer, EJM, Mr. Elliott is in the process of securing entitlements to construct a multi-use project located at the Beverly Hills/West Hollywood border. The project, which will serve as EJM’s headquarters, will also allow the developer to construct housing units and an art gallery. The project is being designed by SPF Architects, architects to, among other clients, The J. Paul Getty Museum.

• On behalf of a New York based nightclub operations group, Mr. Elliott obtained entitlements for the organization to construct and operate a nightclub facility in West Hollywood at 696 North Robertson Boulevard. The matter involved lease negotiations, entitlement processing, alcoholic beverage permit processing and defense of the project in litigation.

• For the operator of West Hollywood’s only Urban Inn (an historic property) Mr. Elliott obtain a Rehabilitation Incentive Permit allowing the hotel to expand and remodel its facilities.

• Mr. Elliott’s work also includes representing hoteliers in the Palm Springs Area. He has represented these clients in both acquisition and disposition of their real estate interests, and has counseled them in land use due diligence issues.