Major Victory in the Legal Hangman Game with the City of Palo Alto

Professional Landscaper Tony Ciampi scores a major victory with the city of Palo Alto and city attorney Donald Larkin.

In city attorney Donald Larkin’s last motion he attempted to enforce by threatening and coercing Mr. Ciampi into signing a binding agreement which was not agreed to during their last legal oral arguments which provided Mr. Ciampi with the necessary legal ammunition ultimately leading to Mr. Larkin’s demise.

He hung himself with his own legal rope.

Doi v. Halekulani Corp., 276 F.3d 1131, 1138  (9th Cir. 2002)

Mr. Larkin tried in vain to weasel out of a prior legal agreement by threatening Mr. Ciampi with the following language:

“If you refuse to sign the settlement agreement (which contains only those terms that you agreed to on the record) we will have no choice but to file a motion to enforce the settlement agreement.  If we have to do so, we will seek monetary sanctions to be deducted from the settlement amount.”

This was a victory or case against all odds.  Mr. Ciampi, a man without a legal degree successfully fended off the immense legal fire power and deep financial pockets of the city.  All of these expenses paid for off the backs of Palo Alto city taxpayers’.

All this money wasted by city attorney Donald Larkin could have been avoided early on and may have provide a sizable down payment for a new city park for use by disabled children of Palo Alto and others.

Judge Koh’s ruling was based on Mr. Ciampi’s final motion:

“The Court finds Judge Illston’s opinion persuasive and hereby ORDERS as follows: If seven days after the issuance of this Order, Plaintiff and Defendants are unable to agree to a form of written settlement, then the parties shall sign the transcript of the August 9, 2011 Settlement Conference to indicate their approval of the oral settlement.

Defendants shall issue payment within three days of the parties’ signing a written settlement agreement or the Settlement Conference transcript. The parties shall immediately file their stipulation of dismissal after Plaintiff has received payment.”

Let’s not forget Mr. Larkin has also wasted 3 million in taxpayers’ money prosecuting Palo Alto’s now infamous panhandler Victor Frost.

KOH’S SETTLEMENT ORDER