Alan Charles Dell'Ario

Recent Work

Regents of the University of California v. Superior Court (Rosen)
Katherine Rosen, a UCLA undergraduate, was attending her chemistry lab when she was stabbed and slashed by a fellow student, Damon Thompson.  Thompson had long been known to UCLA authorities as paranoid, claiming he heard voices from classmates insulting his intelligence.  He had been expelled from the dormitory for violence  and was ordered to undergo treatment.  He even threatened the lab teaching assistant but the authorities failed to implement UCLA's threat-assessment protocols.  A divided court of appeal ruled that UCLA had no duty for safety in its classrooms as the students were all adults.  In January 2016, the  California Supreme Court voted 7-0 to hear the case.  I presented oral argument on January 3, 2018 and on March 22, a unanimous court ruled in Katherine's favor.  In so doing, the court extended to all 3.6 million California college students the right to be safe from foreseeable violence in curricular activities.
To watch the oral argument, copy and paste this link into your browser:

Read my main brief and the court's opinion by clicking on the links below:

Jun v. Chafey Joint Union High School District
15-year old Jin Burnham was struck and killed by a motorist when he was crossing a 4-lane roadway to the school bus stop at an uncontrolled, unsupervised intersection.  The trial court dismissed the district and the issues were whether the bus stop and intersection are dangerous conditions of public property and whether the district was otherwise immune.  The court agreed with us and reversed.   Read the opinion below.  At trial in 2015, my trial team won a $15M verdict for Jin's mother.
Kandy Kiss of California v. Tex-Ellent, Inc.
Kandy Kiss sued in state court claiming Tex-Ellent had sold it fabric whose pattern infringed another's copyright.  The trial court dismissed the case because the federal courts have exclusive jurisdiction in copyright matters.  It awarded attorney fees to Tex-Ellent under the contract Kandy Kiss sued upon.  The Court of Appeal affirmed but the Supreme Court agreed to hear the case. While the matter was awaiting oral argument, the parties resolved their dispute in this and a related Ninth Circuit case.