About

Steven C. Bailey is a retired California Superior Court Judge, whose diverse assignments included civil, criminal, probate and juvenile during his 81/2 years of service. He was elected twice to the Superior Court of El Dorado County, where he served four years as the Presiding Juvenile Judge and was instrumental in the creation of the county's Veterans Court.

While on the bench, Judge Bailey presided over complex and significant cases including:

Brown v. El Dorado Union High School District PC20160401 (Written decision issued)
This matter involved the failure by plaintiff counsel to follow the provisions of Government Code §945.4. Plaintiff's counsel failed to file the required claim with the governing board of the school district instead filing the claim with the El Dorado County Board of Supervisors. The court ruled that the claim was substantially filed and the failure to file with the school district was excused because of the failure of both the state and the county to maintain required rosters to place plaintiff on notice as to where the claims should be filed. Writ denied by the 3rd District Court of Appeal.

McFarland v. Urbana Tahoe; Action Motorsports of Tahoe SC20150085 (Written decision issued)
This matter involved a motion for summary judgment filed by defendants. Plaintiff had been injured diving off a pier into shallow water. Defendants alleged that the recreational use immunity statute (Civil Code § 846) prevented plaintiff from recovering damages for serious injuries sustained. The court ruled that triable issues of fact existed and the motion for summary judgment was denied.

Laurentinum Limited Partnership v. Richard C. Blum, et. al. 020130218 (Written decision issued)
Plaintiff and Defendants owned property which was split in the center by an independent parcel. Plaintiff purchased this parcel and contended that plaintiff had a right to use a roadway to this center parcel for ingress and egress to its contiguous parcels. Defendants argued that plaintiff was burdening the easement and had no right to use the road to enter plaintiffs property. The basic contention was that plaintiff intended to use the road from the center parcel as the primary route to access plaintiff's property. The court ruled that plaintiff had a right to use the roadway over defendant's property but could not burden the easement by making the roadway the primary access to and from plaintiffs contiguous parcels.

People v. Logan Sharp SO9CRF0042
This matter involved the felony attempted robbery and a robbery of two South Lake Tahoe liquor stores. After a five (5) day trial, the defendant was convicted by jury of one count of robbery. The defendant was sentenced to 11 years in state prison.

Brewer v Hall PC20060324
This matter involved the breach of a commercial lease of a quarry which was a historic gravel and gold mining operation in the motherlode of El Dorado County. Defendant obtained a lease on the property and made promises to install wash equipment for gravel and gold mining purposes. Defendant failed to perform under the terms of the lease and finally locked plaintiffs off the property. The case was tried before a judge and resulted in a verdict of approximately $1.4 million after 11 days of trial.

City of South Lake Tahoe v. Poland SC20090017 (Written decision issued)
This was a writ proceeding concerning a hearing board decision which reinstated the employment of a city police officer. After review of the administrative record and the recommendation of the hearing board selected to consider the matter of the officer's termination, a Writ of Mandate was issued reinstating the employee to his position as a police officer.

Sierra Forest Legacy, Sierra Club v. California Regional Water Quality Control Board, Lahontan Region (Tahoe Regional Planning Agency, Real Party in Interest] SC20090123 (Written decision issued)

This case involved an order by Governor Arnold Schwarzenegger to have one permitting authority in the Tahoe Basin. To effectuate this order, the Governor designated the Tahoe Regional Planning Agency as the primary agency and ordered the Lahontan Water Board to transfer permitting authority to TRPA. The court, after hearing, issued a writ of mandate blocking transfer of this authority finding the transfer of permitting authority was restricted by provisions of California law requiring that California water quality standards were mandatory and any transfer of authority required the transferring agency to uphold the water standards of California law.

Steven C. Bailey has returned to private practice where he concentrates in the areas of criminal and civil litigation. Prior to serving as a judge, he was in private practice handling administrative law, plus criminal cases as a Certified Criminal Law Specialist, certified by the California State Bar Board of Legal Specialization. Preceding his legal career, he served as Deputy Director, Legislation, for the California Department of Social Services under the late Governor George Deukmejian.

Mr. Bailey's prior significant cases include:

National Council on Alcoholism vs. Orange County Board of Supervisors
4th District Court of Appeal Firm's Client: National Council on Alcoholism and Drug Dependence of Orange County

Court of Appeal ruled in favor of the Council holding that the county was pre-empted by state law from revoking the license issued by the State of California to NCADD to operate drinking driver education programs.

Findleton vs. El Dorado County 3rd District Court of Appeal
Firm's Client: Findleton

Published Opinion
Court of Appeal ruled that a landowner was entitled to a certificate of compliance because the certificate is a ministerial act under the Subdivision Map Act and further held that because the issuance is ministerial the Permit Streamlining Act does not apply to certificates of compliance.

Calabretta et. al. vs. Floyd et. al. U.S. District Court, Eastern District of California
9th Circuit Court of Appeal
Firm's Client: Calabretta

Published Opinion
Served as second chair in this case. The case addressed the issue of whether a search warrant was required before child welfare workers could enter a person's home to search when conducting a child abuse investigation. District court ruled in favor of plaintiffs. The 9th Circuit affirmed.

People v. Mackey El Dorado County Superior Court

Thirty-five count information alleging multiple counts of rape, oral copulation, penetration with a foreign object, spousal abuse and assault with intent to commit great bodily harm. After a multiple day jury trial, defendant was convicted of one count of rape, six counts of spousal abuse and one count of assault with intent to commit great bodily harm. The jury hung or acquitted on all other charges. (Case was overturned in the 3rd District Court of Appeal for an incorrect jury instruction and defendant was released without retrial.)

People v. Karis El Dorado County Superior Court
Venue changed to Sacramento County Superior Court

Retrial of the penalty phase of defendant's death penalty trial Defendant had been convicted of murder, attempt murder and two counts of rape. Defendant's original penalty phase conviction was overturned for ineffective assistance of counsel. Served as second chair in this case and in the investigation and preparation for trial. Prior to trial, defendant elected to serve as his own counsel in the retrial and, after hearing, was granted the right to represent himself at retrial. After the motion was granted, Mr. Bailey remained as advisory counsel in the case. Defendant was again sentenced to death after retrial.

Mr. Bailey is known to be a problem solver, with 81/2 years as a Superior Court Judge and 191/2 years as an attorney, who is now providing trusted counsel for those facing complex and challenging legal situations — considering the facts and the law which are critical to the outcome of any action with a focus to develop a fair and just outcome for his clients.

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