Biography Details

Ladell H. Muhlestein

Ladell H. Muhlestein
Partner

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Ladell Hulet Muhlestein is a partner in the Los Angeles office of Manning & Kass, where she is a member of the Strategy, Writs, and Appeals Team. Since the outset of her career, Ms. Muhlestein has also focused on law and motion and appellate work. She has twelve published opinions in the California Court of Appeal and the Ninth Circuit Court of Appeals, which deal with diverse subjects such as computation methods for prepayment of pre-computed loans, the scope of governmental immunity under the Tort Claims Act, the scope of the duty of care owed by police officers, the scope of admiralty jurisdiction, the federal court abstention doctrine, attorney's fees provisions in contingent fee agreements, and overtime pay provisions under Labor Code section 510. She authored a successful writ petition on a matter of first impression, which resulted in a published opinion holding that California employers are not required to pyramid different types of overtime pay. In one of her appeals, Ladell not only prevailed against a well-known civil rights attorney, but obtained an award of "attorney's fees and double costs on this appeal" to be paid by opposing counsel personally, not the client.

Ms. Muhlestein recently successfully argued Ramirez v. City of Gardena before the California Supreme Court, resulting in a decision which protects law enforcement agency immunity under Vehicle Code section 17004.7. Plaintiffs in the case argued that, under the statute, law enforcement agencies lost immunity if they were unable to prove that every single officer on the force had certified in writing that they had received, read, and understood the agency’s vehicle pursuit policy, an unworkable standard that would have subjected law enforcement agencies across the state to an impractical and extremely onerous, if not impossible, administrative burden. The Court, persuaded by Ms. Muhlestein, rejected that argument.

Ms. Muhlestein has extensive experience writing major motions and appellate briefs on subjects ranging from insurance broker defense issues to the intricacies of interpleader actions to the probate exception from federal court jurisdiction.

She is a co-author of “Guide to Post-Trial Motions and Appeals,” a pamphlet guide to post-trial and appellate proceedings in California state and Federal courts, which she co-authored with Candace Kallberg, also of Manning & Kass.

Ladell is admitted to practice before the United States Supreme Court, to which she has submitted two petitions for writ of certiori. She is certified as an appellate law specialist by the Board of Legal Specialization of the State Bar of California.

Ms. Muhlestein received her BA, magna cum laude, in 1976 from Brigham Young University. While at BYU, she interned at the United States House of Representatives and was the valedictorian of her college. Ms. Muhlestein received her JD in 1980 from the J. Reuben Clark Law School at Brigham Young University, where she was a member of Moot Court and a member of the BYU Student Supreme Court.

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