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Rebecca J. Chmura

SUMMARY

Ms. Chmura is a trial attorney at the firm’s Orange County office. Ms. Chmura’s practice primarily focuses on public entity liability, professional liability, labor and employment, general casualty litigation, general business litigation, commercial transactions, and trial. Ms. Chmura’s practice includes competent representation of counties, cities, sheriffs, police officers, and other public employees, as well as architects, engineers, homeowners associations and board members, and legal professionals. As part of her practice, Ms. Chmura has vigorously defended clients in matters involving civil rights violations, wrongful imprisonment, Monell claims, personal injury, breach of contract, negligence, fraud, malpractice, and dangerous conditions.

Ms. Chmura received her Juris Doctor, summa cum laude, from Whittier Law School in Costa Mesa, California where she was a Trial and Appellate Practice Fellow and a staff editor for the Whittier Law Review. Ms. Chmura completed her undergraduate studies at Westmont College in Santa Barbara, California, where she received a Bachelor of Arts in Political Science.

EXPERIENCE

County and Current Judge Dismissed With Prejudice: Ms. Chmura represented a large California county and a current Superior Court Judge in a suit where the plaintiff, who was formerly convicted of murder and through numerous appeals the conviction was reduced to involuntary manslaughter, sued the county and judge (a former prosecutor who filed the case against the plaintiff) for alleged wrongful imprisonment on the basis of improper disclosure of Brady evidence, tampering with and fabricating evidence, and Monell liability. Through an early Motion to Dismiss, Ms. Chmura successfully argued that the county and judge did not have liability on the basis of absolute prosecutorial immunity and because the county lacked any sort of vicarious liability over Brady violations as it is not the ultimate policymaker for Brady for county prosecutors. Both the county and the Judge were both dismissed with prejudice and leave to amend the complaint was denied.

Attorney Dismissed Entirely on MSJ in Legal Malpractice Action: Ms. Chmura represented an estate planning attorney involved in a legal malpractice action wherein the plaintiff alleged that the attorney improperly drafted an amendment to her mother’s trust. By way of Ms. Chmura’s aggressive case management, and dynamic and energetic briefing and argument, on a Motion for Summary Judgment (“MSJ”) she was able to get her client dismissed in full by arguing that plaintiff’s claim was barred by the one-year statute of limitations. Ms. Chmura’s client was dismissed and awarded costs for prevailing on the MSJ.

Architect Dismissed from Multi-Million Dollar, Multi-Party Litigation through an Anti-SLAPP Motion and awarded Fees and Costs: Ms. Chmura defended her client, an architect, in a large, multi-million dollar, multi-party litigation for their work on a public project with the County of Riverside. Many defendants in this matter filed Anti-SLAPP motions and those motions were taken under submission for almost three weeks each. However, Ms. Chmura brought an Anti-SLAPP motion for her client and after oral argument the motion was granted and the order was signed on the spot. Her client was also awarded fees and costs in a separately noticed motion.

Negotiated Favorable Settlement for City: Ms. Chmura represented a city that was sued by an individual and her husband for tripping and falling on a City street whom allegedly suffered long term physical and emotional damages from the incident and her spouse suffered a loss of consortium. Ms. Chmura, through aggressive written discovery and depositions, was able to convince the plaintiffs to settle with her client for a minimal dollar amount which was less than 7% of the plaintiffs’ opening demand.

Negotiated Fast and Favorable Settlement for Global Design Consulting Firm: Ms. Chmura represented a global design consulting firm which brought suit against a construction and building company focused on multi-family and mixed-use communities for unpaid fees on several projects across California. Through aggressive negotiations and in only a few months, Ms. Chmura was able to convince the defendants to settle with her client quickly with almost their full demand.

PROFESSIONAL MEMBERSHIPS

The State Bar of California
Orange County Bar Association

PUBLICATIONS/SEMINARS
  • Victory “Going and Coming” (article about Newland v. County of Los Angeles)
  • Independent Cities Risk Management Authority University – Seasonal Workforce, Best Practices
  • Independent Cities Risk Management Authority – Dangerous Condition of Public Property (Inspection, Record Keeping, Maintenance)