S. Frank Harrell

Partner

sharrell@lynberg.com 714 937-1010 vCard Download Bio LinkedIn

Overview

Mr. Harrell has litigated over 25 cases to verdict in state and federal courts. All of Mr. Harrell’s trials have been in defense of governmental clients, regarding a wide variety of allegations including constitutional issues, injunctive relief, California state torts, federal civil rights, police liability, employment and dangerous condition of public property. He has also successfully litigated scores of case dispositive motions which resulted in the dismissal of the case.

Mr. Harrell has worked on over 50 appeals in state and federal courts on behalf of public entities. He has obtained many published opinions favorable to governmental interests. For example, Mr. Harrell was the successful appellate advocate on behalf of the Orange County Sheriff’s Department in Susag v. City of Lake Forest, et al., 94 Cal. App. 4th 1401 (2002). The Susag Court was the first California decision to restrict criminal convicts from suing their arresting officers under tort law principles. Id. at 1412. Mr. Harrell was also the successful appellate advocate in McCown v. City of Fontana, 565 F.3d 1097 (9th Cir. 2009). In McCown, the Ninth Circuit limited the plaintiff’s counsel’s ability to recover attorneys’ fees in high multiples of what they recover on behalf of their client. Id.

Apart from the foregoing, in the past two years, Mr. Harrell has served as counsel on many high profile “civil rights” matters, including Holloway v. County of Orange (a 2023 police “excessive force” / “false arrest” trial involving widespread press coverage), Gillespie v. County of Orange (a 2023 “excessive force” defense verdict) and Barber v. County of Orange (a 2024 dismissal following trial motion in limine rulings).

Outside of work, Mr. Harrell enjoys boating and water sports (including waterskiing, and swimming).

General

Practice Areas

Education

Legal

– Juris Doctor
- Duke University and the University of North Carolina
- 1985

Undergraduate

– B.A, Political Science
- The University of North Carolina
- 1982

Professional

Bar Affiliations

– Supreme Court of California, 1988
– Supreme Court of Virginia, 1986
– The U.S. Supreme Court, 2006
– U.S. Court of Appeals, Ninth Circuit, 1988
– U.S. Court of Appeals, Fourth Circuit, 1986
– U.S. District Court, Northern District of California, 1990
– U.S. District Court, Eastern District of California, 1990
– U.S. District Court, Central District of California, 1988
– U.S. District Court, Southern District of California, 1990
– U.S. District Court, Eastern District of Virginia, 1988
– U.S. District Court, Western District of Virginia, 1988

Professional Affiliations

– American Board of Trial Advocates
– The Virginia Bar Association
– The California Bar Association
– Association of Southern California
– The American Bar Association

Notable

Publications

– “Objections at Trial”, Guide to Federal Litigation, (Mathew Bender 1993)

Honor Societies

– The University of North Carolina, Phi Beta Kappa

Professional Activities

– Managing Attorney of L&W’s OC Office – 2005 to present
– Managing Attorney of L&W – 2021 to present
– Staff Assistant, Virginia Senator Wyatt B. Durrette, Richmond, Virginia (1985 – 1986)
– Extern, North Carolina Congressman Walter B. Jones, Washington, D.C. (1979)
– Extern, C-SPAN Congressional Cable Television Network, Washington, D.C. (1979)

Reported Cases

– Fisher v. County of Orange, 2018 WL 1036847 (C.D. Cal. 2018)
– Wilkey v. County of Orange, 2017 WL 7795726 (C.D. Cal. 2017)
– Conan v. City of Fontana, 2017 WL 7795953 (C.D. Cal. 2017)
– Edward v. Obama, 2017 U.S. Dist. LEXIS 31453 (C. D. Cal. 2017)
– Long v. Alejo, 2017 U.S. Dist. LEXIS 10588 (C. D. Cal. 2017)
– Peshkepia-Cadena v. SunTrust Bank, 644 Fed. Appx. 715 (9th Cir. 2016)
– Salazar v. County of Orange, 564 Fed. Appx. 322 (9th Cir. 2016)
– Shalabi v. City of Fontana, 2015 U.S. Dist. LEXIS 147039 (C. D. Cal. 2015)
– Tapia v. Huntington Park Police Dep’t, 512 Fed. Appx. 694 (9th Cir. 2013)
– Rodriguez v. County of Los Angeles, 217 Cal. App. 4th 806 (2013)
– Estate of Velasco v. City of Fontana, 2012 WL 13065671 (C.D. Cal. 2012)
– Hunt v. County of Orange, 672 F.3d 606 (9th Cir. 2012)
– Powell v. County of Orange, 197 Cal. App. 4th 1573 (2011)
– ATLF v. City of Lake Forest, 624 F.3d 1083 (9th Cir. 2010)
– McCown v. City of Fontana, 556 F.3d 1097 (9th Cir. 2009)
– Mason v. County of Orange, 251 F.R.D. 562 (C.D. Cal. 2009)
– McCown v. City of Fontana, 550 F.3d 918 (9th Cir. 2008)
– Myers v. City of Hermosa Beach, 299 Fed. Appx. 744 (9th Cir. 2008)
– Pompano v. City of Hermosa Beach, 274 Fed. Appx. 532 (9th Cir. 2008)
– Stophlet v. County of Orange, 227 Fed. Appx. 669 (9th Cir. 2007)
– Jacobs v. Rackauckas, 205 Fed. Appx. 498 (9th Cir. 2006)
– Bills v. City of Rialto, 157 Fed. Appx. 981 (9th Cir. 2005)
– Fries v. Rush, 149 Fed. Appx. 664 (9th Cir. 2005)
– Cox v. County of Orange, 144 Fed. Appx. 585 (9th Cir. 2005)
– Hallstein v. City of Hermosa Beach, 87 Fed. Appx. 17 (9th Cir. 2003)
– Ferrarini v. City of Glendora, 66 Fed. Appx. 726 (9th Cir. 2003)
– Samuel v. State of California, 36 Fed. Appx. 607 (9th Cir. 2002)
– Susag v. City of Lake Forest, 94 Cal. App. 4th 1401 (2002)
– Choate v. County of Orange, 86 Cal. App. 4th 312 (2000)
– Speaker v. County of San Bernardino, 82 F.Supp.2d 1105 ( C. D. Cal. 2000)
– Perkins v. City of West Covina, 167 F.3d 1286 (9th Cir. 1999)
– Fukuda v. City of Angels, 20 Cal.4th 805 (1999)
– County of Orange v. Super. Crt. of San Francisco, 73 Cal. App. 4th 1189 (1999)
– Fukuda v. City of Angels, 63 Cal.App.4th 1426 (1998)
– Soltero v. City of Compton, 129 F.3d 127 (9th Cir. 1997)
– Perkins v. City of West Covina, 113 F.3d 1004 (9th Cir. 1996)
– Quintanilla v. City of Downey, 84 F.3d 353 (9th Cir. 1996)
– Greenstreet v. County of San Bernardino, 41 F.3d 1306 (9th Cir. 1994)
– Henriksen v. City of Rialto, 20 Cal. App. 4th 1612 (1993)
– Shalabi v. City of Fontana, 35 Cal.App.5th 639 (2019), review granted, 446 P.3d 234 (Cal. 2019)
– Rendon v. County of Orange, 2019 WL 4284521 (C.D.Cal. 2019)
– Landaverde v. City of Fontana, 2019 WL 2315404 (2019)
– Gordon v. County of Orange, 2019 WL 4279036 (C.D.Cal. 2019)
– Guillory v. Hill, 36 Cal.App.5th 802 (2019)
– Fisher v. County of Orange, 2018 WL 1036847 (C.D.Cal. 2018)
– Herd v. County of San Bernardino, 311 F.Supp.3d 1157 (C.D.Cal. 2018)
– Anderson v. County of Orange, 2018 WL 5118497 (2018)
– Lavenant v. City of Palm Springs, 2018 WL 3807944 (C.D.Cal. 2018)
– Feliz v. County of Orange, 739 Fed. Appx. 463 (9th Cir. 2018)
– Conan v. City of Fontana, 2017 WL 3530350 (C.D.Cal. 2017)
– Wilkey v. County of Orange, 295 F.Supp.3d 1086 (C.D.Cal. 2017)
– Feliz v. County of Orange, 672 Fed. Appx. 695 (9th Cir. 2016)
– Christian v. County of Orange, 2016 WL 6302183 (2016)
– Salazar v. County of Orange, 2012 WL 12896364 (C.D. Cal. 2012) aff’d, 564 Fed. Appx. 322 (9th Cir. 2014).
– Velazquez v. County of Orange, 2013 WL 12128798 (C.D.Cal. 2013)
– Rodriguez v. County of Los Angeles, 217 Cal.App.4th 806 (2013)
– Payne v. County of Orange, 474 Fed. Appx. 678 (9th Cir. 2012)
– Peshkepia-Cadena v. Suntrust Bank N.A., 2012 WL 12884411 (C.D.Cal. 2012)
– Murray v. County of Orange, 2012 WL 12920900 (C.D.Cal. 2012)
– Tapia v. Huntington Park Police Department, 2011 WL 13142128 (C.D.Cal., 2011) aff’d, 512 Fed. Appx. 694 (9th Cir. 2013)
– Bardzik v. County of Orange, 2011 WL 13269699 (C.D.Cal., 2011)
– Nakamura v. City of Hermosa Beach, 2009 WL 1445400 (C.D.Cal.2009) aff’d, 372 Fed. Appx. 787 (9th Cir. 2010)
– Deats v. County of Orange, 2010 WL 11549563 (C.D.Cal. 2010)
– Lozano v. Huntington Park Police Department, 2010 WL 11523733 (C.D.Cal. 2010)
– La Asociacion de Trabajadores v. City of Lake Forest, 624 F.3d 1083 (9th Cir. 2010)
– McCown v. City of Fontana, 565 F.3d 1097 (9th Cir. 2009)
– Coello v. City of Hermosa Beach, 2009 WL 426408 (C.D.Cal. 2009)
– Briley v. City Hermosa Beach, 2008 WL 4443897 (C.D.Cal. 2008)
– Myers v. City of Hermosa Beach, 299 Fed. Appx. 744 (9th Cir. 2008)
– Agner v. City of Hermosa Beach, 315 Fed. Appx. 29 (9th Cir. 2008)
– Briley v. City of Hermosa Beach, 2008 WL 4443894 (C.D.Cal. 2008)
– Stophlet v. County of Orange, 227 Fed. Appx. 669 (9th Cir. 2007)
– Nunn v. County of Orange, 2007 WL 9662333 (C.D.Cal. 2007)
– Cox v. County of Orange, ex rel. Housing and Community Development Dept., 144 Fed. Appx. 585 (9th Cir. 2005)
– Susag v. City of Lake Forest, 94 Cal.App.4th 1401 (2002)
– Speaker ex rel. Speaker v. County of San Bernardino, 82 F.Supp.2d 1105 (C.D.Cal. 2000)
– Choate v. County of Orange, 86 Cal.App.4th 312 (2000)
– County of Orange v. Superior Court of San Francisco, 73 Cal.App.4th 1189 (1999)
– Perkins v. City of West Covina, 113 F.3d 1004 (9th Cir. 1997)
– Quintanilla v. City of Downey, 84 F.3d 353 (9th Cir. 1996)
– Henriksen v. City of Rialto, 20 Cal.App.4th 1612 (1993)