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Jon Wallace Upton

of Counsel
Biography
Mr. Upton regularly appears in both State and
Federal Courts, including the Fresno County Superior Court and the
United States District Court (Eastern District-Fresno). Mr. Upton
devotes much of his practice to advising counsel from other areas
who are involved in litigation in the Central San Joaquin Valley.
Additionally, Mr. Upton has a large non-litigation practice
assisting our business clients with their daily legal needs.
Education
Hastings College of Law (J.D., 1969)
U.S. Naval Officer Candidate School (Commissioned,
1962)
Fresno State College (B.A., 1962)
Professional Activities/Affiliations/Memberships
Fresno County Bar Association
State Bar of California
Reported Cases
Gott v. U.S.
(1970) 432 F.2d 45 [criminal defense
-- statute found unconstitutional]
In Re Estate of Murphy
(1971) 16 Cal.App.3d 564 [future
interest dispute, writ of supercedeas issued to allow appeal without
bond]
Catalano, Inc. v. Target Sales, Inc.
(1980) 446 U.S. 643 [antitrust case
-- interest charges are part of price]
Danzig v. Grynberg
(1984) 161 Cal.App.3d 1128
[securities fraud class action -- class issues not raised before
trial are waived]
Mateo-Woodburn v. Fresno Community Hospital
(1990) 221 Cal.App.3d 1169
[medical staff privileges -- decision to close department is
quasi-legislative, not quasi-judicial]
Selma Pressure Treating Co. v. Osmos Wood
Preserving, Inc. (1990)
221 Cal.App.3d 1601 [toxic contamination -- the aquifer is public,
not private]
Kaljian v. Menezes
(1995) 36 Cal.App.4th 573 [jury must
be instructed on the statute of frauds in action to enforce oral
real estate development contract where the sale of land is
contemplated]
County of Fresno v. Shelton
(1998) 66 Cal.App.4th 996 [County can
condemn property it does not own and will not use]
Harlan Land Co. v. U.S. Dept. of Agr.
( E.D. Cal. 2001) 186 F.Supp.2d 1076
[USDA action arbitrary and capricious in allowing importation of
Argentine citrus without quantifying its " negligible risk" finding]
Kashian v. Harriman
(2002) 98 Cal.App.4th 892 [absolute
litigation privilege protects a person making false and malicious
accusations to Attorney General]
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