John W. Keker

Keker’s trial-practice litigation firm isn’t political, its founder insists. But in early August Keker swiftly and successfully went to bat for Gavin Newsom when the governor’s foes — the promoters of his recall — protested Newsom’s assertion in the official voter guide that the effort to unseat him was led by national Republicans and Donald Trump supporters. “Republican recall” and “Republican power grab” were off-limits language, the recall proponents claimed in a bid for a writ of mandate to ditch those terms. Heatlie v. Weber, 34-2021-80003690 (Sacramento Co. Super. Ct., filed July 30, 2021).

Keker filed his opposition alongside co-counsel at the political law firm Olson Remcho.

Days after Heatlie sued, Sacramento County Superior Court Judge Laurie M. Earl denied his petition, holding that Newsom’s ballot argument is merely permissible “hyperbole and opinionated comment common to political debate.”

“I’m proud of this one,” Keker said. “The Republicans filed on a Friday with the idea to jam us at a hearing on Monday, and we just cleaned their ass. Arguing that this is not a Republican exercise just shows that these people will say anything and expect their backers to believe it.”

Keker also represents a group trying to preserve the Sacramento-San Joaquin Delta in a suit against state officials and environmentalists who allegedly mismanaged Staten Island in the delta. Wetlands Preservation Foundation v. Dept. of Water Resources, STK-cv-UMW-2018-8957 (S. Joaquin Co. Super. Ct., filed July 23, 2018).

After a 10-day bench trial, a judge ruled last year for Keker’s client. “In direct response to our lawsuit, The Nature Conservancy—an organization I usually admire—has stopped corn farming on the island and the Newsom administration is promoting replacement by rice cropping. And DWR rushed through $11 million for emergency funding for the island’s levees,” Keker said.

Keker represents former Oakland Police Chief Anne Kirkpatrick in wrongful termination litigation on claims her dismissal was retaliation for raising the alarm about police commission misconduct. Kirkpatrick v. City of Oakland, 3:20-cv-05843 (N.D. Cal., filed Aug. 19, 2020).

Keker said his client has failed so far to find other work. “She is trying to mitigate damages by applying for other chief positions, but keeps stumbling over the fact that Oakland fired her. That will increase the damages we’ll be seeking.”

Trial is set for next spring.

--John Roemer