Ruben A. Castellon

Ruben A. Castellon is a trial attorney experienced in all aspects of complex business and environmental, toxic tort and worker-death related litigation, including in-court examination of experts. Mr. Castellon also litigates employment law cases involving discrimination or misappropriation of trade secrets. Mr. Castellon is one of the few attorneys in California to have gone to both bench jury trials on alleged toxic lead discharge and exposures, reaching a favorable result for the client in all instances. Mr. Castellon’s experience with scientific evidence extends to various exposures, including heavy metals found in all major water work parts, fittings, pipes, dioxin from incinerators, and heavy metal solvents found in metal and aerospace companies. Mr. Castellon’s high degree of peer recognition and professional achievement is recognized as he is one of only 5% of all Northern California lawyers chosen as a SuperLawyer.

Mr. Castellon was previously the managing partner of the San Francisco office of a Los Angeles based firm. He worked over seven years at his prior law firm where he litigated and tried numerous cases with an emphasis on bad faith and other related insurance coverage actions, environmental actions, professional malpractice actions, as well as actions arising from the False Claims Act, Fair Debt Collection Practices Act and Davis-Stirling Common Interest Development Act.

Admitted to the bar:
1991, California, US District Court, Northern, Eastern and Central Districts of California and US Court of Appeals, Ninth Circuit
1994, Hawaii

Education:
UCLA School of Law (J.D., May 1991), Moot Court Honors Program Member, Federal Communications Law Journal Member
Saint Mary's College of California (B.A. - History, May 1985, B.S. - Business Administration/Economics, May 1985), Levre Award for Historical Research

Representative Engagements:

Citizen Lawsuits

Communities for a Better Environment v. Pacific Steel Casting; Bay Area Air Quality Management District v. Pacific Steel Casting . Currently defending third largest steel foundry in the United States against three interrelated actions arising from alleged violations of toxic chemical permit limits under the federal Clean Air Act Amendments: federal court (N.D. Cal.) action by citizen group and successfully thwarted preliminary injunction that would have resulted in the immediate closure of a plant and over 200 jobs; action brought by California air agency; and actions brought by numerous local residents for nuisance and toxic exposures.

People v. James Jones Foundry, Mueller Co., Tyco International (US) Inc., et al. Currently defending Fortune 100 Company and its subsidiaries in California False Claims Act case and Unfair Business Practices Act in multi-forum litigation (Los Angeles Superior Court Central Civil West, complex calendar; federal court in Illinois) in the state of California alleging negligent and fraudulent valve manufacturing practices in dealing with over 130 California water agencies. Liability demand is in excess of $1 billion. Work with white-collar counsel while focusing on the alleged environmental contamination (lead) discharge issues relating to the water works system and related insurance coverage issues. Successfully obtained trial court ruling that found that insurance company had a duty to defend and that the insurance company has to date reimbursed our clients in excess of $20.0 million, including over $2 million in interest payments alone. Numerous Published Decisions. Insurance coverage decision upheld on appeal in California and Seventh Circuit ( Zurich v. Watts Industries and James Jones).

California Sportfishing Protection Alliance v. Court Galvanizing; CSPA v. Lodi Iron Works . Currently defending in federal court (E.D. Cal.) two separate lawsuits brought by a citizen group alleging violations of Clean Water Act storm water discharge permits.

As You Sow v. Conbraco Industries, et al. Defended five brass valve and plumbing parts manufacturers in Proposition 65 and California Unfair Business Practices Act action (San Francisco Superior Court, complex calendar) brought by one of California's most aggressive citizen suit activists. Selected among group of 10 large firms as counsel to cross examine plaintiff's only expert and to examine two of defendants' four experts in a trial from May, 2003 to September 2003. Achieved complete trial victory. Briefed and argued successful defense of plaintiff's appeal. Briefed and won successful defense of plaintiff's petition to California Supreme Court. Won largest cost award ever achieved against this plaintiff in their twenty year history of litigating environmental cases. Published Decision.

Matteel Environmental Justice v. Grinnell Corporation, et al. Defended galvanized pipe fittings manufacturer and pipe distributor in multi party litigation against action alleging failure to warn under Proposition 65 and alleging discharge of lead to drinking water. ( San Francisco Superior Court) Case dismissed with prejudice after motion for summary judgment was granted one week before trial. Published Decision.

Natural Resources Defense Council and Environmental Law Foundation v. Badger Meter, et al. Defended two water meter manufacturers in case (San Francisco Superior Court) Proposition 65 lawsuit brought against the water meter industry. Conducted early evaluation and achieved early and very low dollar settlement prior to defense defeat on the issue of whether “discharges to sources of drinking water” of lead occurred. Case subsequently settled for seven figures with remaining defendants.

San Francisco BayKeeper v. AB& I Foundry. Defended federal lawsuit (N.D. Cal.) filed by citizen group for storm water violations. Defended Regional Water Board civil investigation for failure to comply with Remedial Action Order. Successfully sought and obtained payment of defense and settlement from the company's insurance company.

Save the Valley v. French Ranch Development. Represented developer of one of Marin County 's largest new housing development against allegations of failure to comply with Clean Water Act. Interfaced with San Francisco Regional Water Quality Control Board.

Environmental Lawsuits

Department of Toxic Substances Control v. Atlas Iron & Metal, et al.; Belton v. Atlas Iron & Metal, et al. Currently defending company (Los Angeles Superior Court Central Civil West, complex calendar) in action by state toxics agency to recover costs for contaminating Jordan High School . Prosecuting cross-claims against neighbors for contribution. Also defending company in class action brought by neighbors, students and teachers for toxic tort exposures. Sued insurers and successfully compelled them to pay for over $2 million in defense and investigative costs.

City of Rialto , et al. v. Department of Defense, et al. Currently defending in federal court (C.D. Cal.) former trustees and landowners of contaminated property in $500 million CERCLA (federal Superfund) litigation to recover costs of alleged perchlorate contamination from explosives, fireworks and other manufacturing operations in Rialto .

Department of Toxic Substances Control v. Huffman, et al. Defended PRP Group of scrap recyclers in Federal court (E.D. Cal.) against allegations under CERCLA and RCRA and state law for “contamination” at smelter in the Mojave Desert at one of the largest California Superfund sites. Sued over 150 defendants for contribution leading to seven figure settlements. Brought actions against insurers for site operator under the California Probate Code. Sought and obtained court decision denying partial summary judgment on the issue whether recycling amendment to CERCLA is retroactive. Reported decision. Obtained full recovery of defense and settlement costs from clients' insurers.

Mills Land and Water Company v. TRC, et al. Plaintiff was owner of the property sued numerous parties to recover costs (past and future) to remediate the property from alleged lead and petroleum leaks from underground tanks under California = s Superfund cleanup law, among other claims and damages. (Orange County Superior Court ) Successfully defended one of the largest environmental engineering firms in the United States in a case that lasted almost 4 years and resulted in a dismissal with prejudice with no costs paid by client to plaintiff.

People v. LMD Warehouse, et al. Defended manufacturing subsidiary of Fortune 100 company against criminal federal hazardous material transportation laws. ( Los Angeles Superior Court) Conducted in depth investigation of claims. Case dismissed with prejudice by City Attorney with no monetary settlement one day before trial.

Business Related Lawsuits

Davis v. TRC Essex Environmental . Currently defending one of the largest environmental engineering firms in the United States in a gender discrimination and unfair business practices action in San Mateo Superior Court.

United Agricultural Products v. Wilbur-Ellis Company, et al. Represented plaintiff, $3 billion public company, in federal court (N.D. Cal.) litigation to recover loss from stolen trade secrets against former employees and their new employer. Achieved favorable confidential settlement for client.

Department of Fair Employment and Housing v. Landmark Protection, Inc. Defended security company in state court (Santa Clara County Superior Court) and the jury returned a defense verdict following less than one hour of deliberation. The government alleged religious discrimination against a member of the Sikh faith.

Western Packaging Sales, Inc. v. Tyco International (US) Inc.et al. , Defended large (Fortune 100) company and subsidiaries in breach of contract case and alleged violation of the Independent Wholesale Sales Representatives Contractual Relations Act of 1990. Contra Costa Superior Court. Achieved favorable confidential settlement for client.

West Coast Salvage v. Earth Tech; Hartford Insurance v. Earth Tech Successfully defended large (Fortune 100) environmental engineering in breach of contract and negligence action in federal court (C.D. Cal). Successfully sued and recovered full defense and indemnity from insurer for the plaintiff who had a policy with additional insured amendment.

UTICS v. Rehberg, et al. Defended former President and Board of Director in securities lawsuit filed by investors of a Nevada corporation that manufactured remote meter reading devices. ( Los Angeles Superior Court) The firm successfully recovered full defense costs from D&O insurance carrier and settled case for nuisance value.

People v. Rust Environmental and Infrastructure. Defended action brought by California Occupational Safety and Health Administration against environmental, construction engineering predecessor company to Fortune 100 subsidiary based on worker death. ( San Bernardino County ) Achieved favorable settlement after two successful bench trials before the Administrative Law Judge. Successfully thwarted allegations by District Attorney's office for corporate manslaughter and negotiated favorable civil compromise settlement.

Toxic Torts Lawsuits

Rhodes v. MBA Polymers, Inc., et al. Defended plastic recycler (Contra Costa County Superior Court) in seventeen toxic tort lawsuits filed on behalf of over 42,000 claimants in Richmond , California alleging “shelter in place” nuisance, trespass, and bodily injury caused by chemical and toxic release originating from facility fire and explosion. The firm successfully recovered full defense costs from the insurance carrier and settled case for less than policy limit. Lead plaintiffs' attorney was Lieff Cabraser. Involved in separate action brought by OSHA .

Santamaria v. Screwmatic, et al. Defended manufacturing companies (Los Angeles Superior Court Central Civil West complex calendar) in multi-party toxic lawsuits filed on behalf of several thousand claimants in San Gabriel , California alleging bodily and property damage arising from groundwater contamination. Plaintiff's attorneys included Girardi & Keese.

Baires v. Oscar Lehnus Foundry, et al. Represented foundry owner and foundry in toxic tort action brought by Latino family of seven who alleged property damage, soil contamination, storm water runoff and illness from exposure to lead. Pre trial settlement demands exceeded $2 million. The case went to jury trial for five weeks in downtown Oakland . ( Alameda Superior Court) The jury dismissed the toxic tort and the environmental claims and awarded $40,000 to plaintiffs, the approximate amount of the property damage that was not disputed. The firm successfully recovered full defense costs and settlement funds from the clients' insurance carrier.

Recent Publications:
“Shift Key - Equitable Remedies Assist Insurers in Regaining Losses”, Los Angeles and San Francisco Daily Journal, October 15, 1998
“Expensive Favor? Courtesy Counsel Held to High Standard of Care”, Los Angeles and San Francisco Daily Journal, June 18, 1998
“Litigation From a Global Perspective”, ABA TIPS COMMITTEE NEWS, Spring/Summer 1998
“Citizen Steel - Supreme Court Hold Group Lacks Standing to Sue”, Los Angeles and San Francisco Daily Journal, April 29, 1998; republished in Arizona Journal, Colorado Journal, and Washington Journal.
“Refugee Redefined: An Inquiry into Mexican Legal Standards Relating to Asylum and Non-refoulment”, Chicano-Latino Law Review, Fall 1992

Panelist:
California/Nevada Automotive Wholesalers’ Association, “What You Should Know About Toxic Litigation in the Event You are Sued? 2003
Proposition 65 News Conference and Annual Seminar, “Kits, Cats, Sacks & Wives: What is Covered by Proposition 65?” 2002
Yosemite Environmental Law Annual Conference, “Citizen Enforcement: Who is suing Whom?” 2001
American Water Works Association California-Nevada Section Mid-year Meeting, “Water and Lead Equals a Legal Action Under Proposition 65", 2001
American Bar Association Tort and Insurance Committee Annual Mid Year Program, “Is the Duty to Settle Allocable?”, 2001
Cast Metals Association Annual Conference, “Outcome of a Huge Toxic Lawsuit: Neighbor vs. Foundry”, 2000
California Cast Metals Association Annual Conference, “Emerging Trends in Proposition 65 Litigation”, 1998
California Wine Monitoring Group Annual Seminar, “Stormwater Compliance and Prevention”, 1998
Proposition 65 News Conference and Annual Seminar, “Defenses to Proposition 65 Environmental Exposure Claims”, 1998
Chemical Batch Processing Monitoring Group Annual Seminar, “Stormwater Compliance and Prevention”, 1997
California Hispanic Publishers Association Annual Meeting, “Liability and First Amendment Rights”, 1996

Affiliations:

Member, California and Hawaii State Bar Associations
Editorial Board, Insurance Litigation Reporter (Thomson/West Group)
Vice Chair and Member, Commercial Business International Committee - American Bar Association
Member, Toxic Torts Litigation Committee - American Bar Association
Member, National Resources & Environment - American Bar Association
Member, California Minority Counsel Program
Editorial Board, Bad Faith Law Report, 1999 to 2000
Outside General Counsel, California Wine Monitoring Group, 1998
Lecturer, Saint Mary’s College of California Paralegal Program, 2003-2005
Founding Member, Contra Costa County Hispanic Chamber of Commerce, 1987

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Disclaimer: These materials have been prepared by Stanzler Funderburk & Castellon LLP for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.