Somach Simmons and Dunn, Attorneys at Law Somach Simmons & Dunn | Attorneys at Law

Areas

Education

  • University of Colorado (J.D., 1969)
  • University of Iowa (B.S., 1967)

Francis M. Goldsberry II
Of Counsel

Mac Goldsberry is a seasoned litigator and trial attorney who has taken more than 50 cases to trial in his career, with an estimated half of those going before juries. His trial experience is combined with a deep substantive knowledge of environmental law that offers clients a unique advantage.

In a law practice that spans over 40 years, Mac has navigated courtrooms with agility, leading some of the largest, most complex environmental cases. He has had particular success handling CERCLA, RCRA, Toxics, Water Quality, and Prop 65 matters.

As impressive as his success in litigating cases has been, his ability to handle big, multi-party cases in an efficient manner is cognizant of the toll large litigation takes on businesses and public entities. He has a keen understanding of how to staff large litigation, how to manage cases with multiple parties, and how to find favorable resolutions that avoid protracted litigation when not in a client’s interest.

While his career in the courtroom has included business litigation, personal injury and medical malpractice, in addition to natural resources work, environmental law has been a constant in his law practice since law school. He was involved in one of the earliest challenges to timber cutting plans and as a member of the U.S. Attorney’s Office he worked on water cases that still shape water law today.

Mac’s career has also included service as an Air Force Judge Advocate for more than 20 years. His successful career as a trial attorney has not hindered him, however, from pursuing a variety of rewarding interests outside of law with a love of travel that has included a number of European riverboat cruises, a passion for fly fishing, and time with his grandson.

Representative Matters

Environmental Litigation

City of Fresno v. Boeing, Inc., et al., U.S. District Court, Fresno, CA.  Represented Boeing, Inc. regarding the allocation of groundwater and soil contamination cleanup costs from alleged TCE, PCE and TCP discharges at the Fresno and Yosemite International Airport.

Department of Toxic Substances Control v. Flair Cleaners, et al., U.S. District Court, Sacramento, CA.  Represented the City of Chico in this CERCLA enforcement and allocation of cleanup costs action involving groundwater contamination with PCE discharged from various dry cleaning businesses and the City’s sanitary sewer system.

Department of Toxic Substances Control v. McDuffie, et al. (Brighton Oil Site), U.S. District Court, Sacramento, CA.  Represented Aerojet in this CERCLA/RCRA enforcement matter involving soil and groundwater contamination emanating from a used oil recycling business.

Business Litigation

Fogarty v. City of Chico Redevelopment Agency, et al., U.S. District Court, Sacramento, CA.  Represented the Chico Redevelopment Agency in this suit by a real estate developer seeking recovery of cleanup costs and lost profits in excess of $65 million due to alleged contamination discharged from an old landfill.

Vereschagin v. Vereschagin, U.S. District Court, Sacramento, CA.  Represented one of the defendant family groups in this fraud action among family members over the operation of various family farming businesses.  The federal court action also involved claims under RICO.

Performance Excavators, Inc. v. City of Chico Redevelopment Agency, et al., Arbitration administered by the California Office of Administrative Hearings in Sacramento, CA.  Represented the Chico Redevelopment Agency in this dispute arising out of a public works contract for the construction of a landfill cell and cap.

JB&LE Venture v. Mutual Life Insurance Company of New York, U.S. District Court, Sacramento, CA.  Represented Mutual Life Insurance Company of New York in this lender liability action alleging breach of contract, fraud and breach of fiduciary duty involving the original financing and subsequent foreclosure on the Sacramento Hyatt Regency Hotel.

Personal Injury and Property Damage Litigation

Clark, et al. v. City of Sonoma, et al., Sonoma County Superior Court, California.  Represented Sonoma County in this 31-plaintiff toxic tort action seeking personal injuries and property damages as a result of exposure to PCE and TCE contaminated drinking water.

Zorzi v. Caterpillar Inc., Sacramento County Superior Court, Califoria.  Represented Caterpillar, Inc. in this product liability action for personal injury arising out of a forklift accident.

Skaggs v. Hansen, Lake County Superior Court, California.  Represented plaintiff ranch owner regarding a claim for property damages resulting from the negligent design of a reservoir spillway.

State of California v. Dick Simon Trucking Company, Sacramento County Superior Court, California.  Represented Dick Simon Trucking Company regarding a property damage claim for repair of the state capitol building arising out of the collision of a Dick Simon semi truck into the side of the state capitol.

Alternative Dispute Resolution Services

Jarran v. K-Mart Corp., et al., U.S. District Court, Sacramento, CA.  Acted as the mediator for this product liability claim seeking property damages from a fire causd by a propane gas grill.

Kotrous v. Goss, et al., U.S. District Court, Sacramento, CA.  Acted as the mediator for this CERCLA cleanup cost recovery and cost allocation matter involving multiple parties.  Case involved soil and groundwater contamination.

California Sport Fishing Alliance v. Vallejo Unified School District, U.S. District Court, Sacramento, CA.  Acted as the mediator for this Clean Water Act enforcement action regarding the discharge of petroleum products and volatile organic compounds from a maintenance yard.

Education

  • University of Colorado (J.D., 1969)
  • University of Iowa (B.S., 1967)