KSullivan@deangazzo.com
858-467-5508
Kimberly focuses her practice on general civil litigation with an emphasis in representation of public entities in matters involving employment issues, personal injury, and civil rights. She has extensive experience in law and motion practice, all phases of discovery, mediation, trial preparation and trial.
Kimberly was selected by Super Lawyers in 2023, 2024 and 2025 as a San Diego Rising Star. Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The Super Lawyers Rising Stars list recognizes no more than 2.5 percent of attorneys in each state.
Kimberly graduated magna cum laude from Charleston School of Law. She was a recipient of the presidential honors scholarship and received the top grade in Legal Research, Analysis & Writing I, Legal Research, Analysis & Writing II, and Civil Procedure II. While attending Charleston School of Law, Kim served as the Senior Research Editor for the Charleston Law Review and was recognized for 130+ hours of pro bono service. She also clerked for the U.S. District Court, District of South Carolina.
Representative Matters
-Kim Sullivan obtained summary judgment in favor of the City of Poway in a case where the plaintiff (represented by Craig McClellan) alleged lifelong brain injuries after he was hit by a car while riding his bicycle along Highway 67 near the Iron Mountain Trailhead. Plaintiff sued the driver, the State and Poway alleging that vehicle parked along Highway 67 caused a dangerous condition because there was not enough space in the off highway trailhead parking lot to accommodate hikers using the trail. In essence, plaintiff alleged that when the vehicles lined up along the shoulder of Highway 67 bicyclists had to go around them and into traffic. Plaintiff alleged that is why he was hit.
The Court granted summary judgment on the ground that Poway did not own or control the highway where plaintiff was injured. Highway 67 is a state owned and controlled highway. Poway did not have any authority or control to make changes to Highway 67 or to decide whether to permit parking along Highway 67 without the State’s concurrence. The State exclusively made the decision to permit parking along Highway 67 at the location of plaintiff’s injury.
-Lee Roistacher, Kim Sullivan and Mitch Dean recently went to trial in Los Angeles County Superior Court defending the California Highway Patrol and one of its officers, Daniel Castaneda. The plaintiffs, Maritza Padilla and Jesus Chavez are the parents of decedent Leonel Chavez (24 years old at the time of his death), who was shot by Officer Castaneda. The facts of the case were challenging: Chavez was involved in a car accident, but he fled the scene on foot. When Castaneda and his rookie partner arrived, they wanted to talk with Chavez and find out why he left and start their accident investigation. They also had information that Chavez had gestured to his waistband area, underneath his hoodie sweatshirt, as if he had a weapon. So, Castaneda also wanted to frisk Chavez. At first, Chavez was cooperative, even – without any prompting – putting his hands on the back of his head and lacing his fingers together. But as soon as Castaneda began to frisk him, Chavez spun around, and attempted to grab Castaneda’s holstered gun. Castaneda then drew his gun, and ordered Chavez to get on the ground. Instead of complying, Chavez ran toward Castaneda, as Castaneda back-pedaled. Ultimately, Castaneda fired his taser at the charging Chavez, but that was ineffective. Castaneda then fired 8 shots in less than two seconds, killing Chavez. Chavez had no weapon on his person.
Plaintiffs sued the CHP and Castaneda in state court, asserting two wrongful death causes of action, negligence and battery. They also asked for damages for pre-death pain and suffering for the decedent Chavez. Trial took eight days. Plaintiffs’ attorney asked the jury to award a total of $38 million dollars. We argued, if liability was found, for a total award of around two million dollars. The jury found, 9-3, that Castaneda was negligent. The jury awarded $1 million in past wrongful death damages and $4 million in future wrongful death damages. The jury also awarded $1 million in pre-death pain and suffering (based on the dash cam video showing Chavez moving for a few minutes after being shot). However, the jury also found that Chavez himself was 49% at fault, and so the verdict amount was essentially cut in half. The result, although not a complete defense verdict, was at the lower end of the scale for cases like this, especially from a jury in downtown Los Angeles Superior Court. As a side note, in our closing argument, we pointed out, and explained in detail to the jury, that the plaintiffs’ attorney was using a technique called “anchoring” in order to persuade the jury to render a verdict at, or approaching, the asking amount of $38 million.
After the trial, the jury was polled. They found Castenada negligent for not telling Chavez he was going to pat him down.
-Lee Roistacher and Kimberly Sullivan obtained a defense verdict in a wrongful death case following a 7 day jury trial in Federal Court, Central District of California, which ended on September 18, 2025. Plaintiffs Keandre, Devonte and Linden Stephenson sued CHP Officer Jeffrey McKee claiming that Officer McKee used excessive and unreasonable force to detain their father, resulting in his death. In less than a day of deliberations, the jury found in favor of Officer McKee. The case was Stephenson, et al. v. State of California, et al., Case No. 5:21-cv-00526-JAK-DTB and tried before the Honorable John A. Kronstadt.
-Mitch Dean and Kimberly Sullivan obtained a defense verdict (10-2) in a FEHA retaliation case following an 8 day jury trial in North County San Diego, which ended on February 2, 2023. Plaintiff Matthew Lowe was a former police sergeant with the City of Carlsbad. He sued the City for retaliation and failure to prevent retaliation in violation of FEHA claiming that his participation in a deposition of a former officer was the reason he was put on a performance improvement plan and was not promoted to lieutenant. In less than an hour of deliberations, the jury found in favor of the City of Carlsbad, ultimately determining that the City’s decisions were not retaliatory, but legally justified. The case was tried before the Honorable Blaine Bowman. The case was Lowe v. City of Carlsbad, Case No. 37-2018-00040531-CU-OE-NC.
