Toussaint S. Bailey is a shareholder in Richards, Watson & Gershon's Litigation Department and a member of the firm's Public Agency and Municipal Law Practice. Mr. Bailey specializes in complex civil litigation on behalf of municipalities and other public agencies. Clients value his ability to distill complicated issues into terms that make sense both legally and practically.
Mr. Bailey has experience litigating a wide range of public law issues throughout California's state and federal court systems, including all aspects of land use and planning, and cases involving constitutional law, fair housing, public works, environmental law, and telecommunications law. He has secured numerous trial and pretrial victories in important cases for his clients.
Examples of his recent representative cases include:
- Cody v. City of Albany. Represented City of Albany in federal court defeating a lawsuit seeking issuance of injunctive relief that threatened to prevent the city from implementing its Waterfront Park Transition Plan.
- Richardson Bay Sanitation District v. City of Mill Valley. Represented City of Mill Valley as a defendant against a $2.9 million contractual indemnity payment. Plaintiff sought indemnity under a joint powers authority agreement to which both plaintiff and defendant were parties. Judgment awarded nothing to the plaintiff and costs to the city.
- New Cingular Wireless PCS LLC (AT&T Mobility) v. City of Albany. Represented City of Albany in a federal lawsuit filed under Section 332(c)(7)(B) of the Telecommunications Act of 1996 in which AT&T sought reversal of City Council's denial for permit to erect wireless communication tower. Facilitated resolution whereby AT&T ultimately modified its application in accordance with city requirements resulting in dismissal of the case.
- Santa Clara County v. Atlantic Richfield Oil Co. Represented County of Santa Clara in opposition to attempt by Sherwin Williams Company to obtain confidential Section 8 property addresses from the Counties of Santa Clara and Alameda, as well as the Housing Authority of the Cities of Compton, Los Angeles, Norwalk, and Santa Monica.
- First 5 LA v. Brown. Successfully litigated a petition for writ of mandate on behalf of First 5 LA that invalidated A.B. 99 (2011), a budget trailer bill through which the State of California sought to unconstitutionally seize $450 million in funding that taxpayers had previously allocated to First 5 LA.
Presentations and Publications:
- Local Government Strategies for Addressing Homelessness: Avoid Litigation and Do Some Good, League of California Cities 2016 City Attorney's Department Spring Conference, Newport Beach, CA (May 2016)
- Writs of Mandate in the California Superior Court and Court of Appeal, Bar Association of San Francisco, San Francisco, CA (November 2015)
- California Administrative Hearing Practice, Continuing Education of the Bar (2015 Update)
- Eleventh Annual Federal Court Boot Camp Conference, San Francisco, CA (May 2015)
- Administrative Writs of Mandamus Seminar, Pincus Professional Education, Sacramento, CA (November 2014)
- Responding to Federal Fair Housing Investigations: When the DOJ Comes Calling, 2014 League of California Cities Annual Conference, Los Angeles, CA (September 2014)
Mr. Bailey serves on the Board of Directors for the Marin County Bar Association and the Alumni Board of Directors for Saint Mary's College of California.
Prior to joining the firm in 2007, Mr. Bailey worked in the Los Angeles City Attorney's Office. During law school, he staffed the former Community Redevelopment Agency of Los Angeles' Housing Policy Committee and also served on the editorial board of UCLA's Journal of Environmental Law and Policy.
Mr. Bailey is admitted to practice in California, as well as before the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the Northern, Central, and Eastern Districts of California.
B.S.E., Saint Mary's College of California, 2002
J.D., University of California, Los Angeles, School of Law, 2006