biography

Kelcie M. Gosling

Of Counsel
gosling@mgslaw.com
Tel: (916) 551-2581

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Employment

Appellate

Government

Constitutional Law

Commercial Litigation

Kelcie Gosling represents both regional and national companies in defending wrongful termination and discrimination lawsuits as well as general commercial and business litigation. Kelcie realizes the high cost and time consuming process of these actions, her counsel to clients focuses on preventing litigation by implementing sound personnel policies, training managers in employment law compliance and promptly investigating claims before they turn into lawsuits.

In addition, Kelcie has litigated many complex and high profile actions, including defending Governor Arnold Schwarzenegger over the constitutionality of state statutes that define marriage as a union between a man and a woman, and successfully defending the State of California in an inverse condemnation action brought by energy companies seeking over $1 billion in damages from the State. Kelcie also represented Governor Schwarzenegger in challenges to the constitutionality of Proposition 83 (also known as the Sexual Predators Punishment and Control Act: Jessica’s Law), which prohibits certain sex offenders from living near schools or parks where children regularly gather.

Kelcie has developed an expertise in appellate advocacy, a practice area that also compliments her background as an adjunct professor of legal writing at U.C. Davis, King Hall School of Law. “I really enjoy my appellate practice. It allows me to combine what I love most about litigation - thoroughly learning and analyzing a complex factual record - with my belief that effective legal writing can be simple and direct, not repetitive and cluttered with legal jargon.”

B.A. with honors 1977, Pitzer College; J.D. Order of the Coif 1989, University of California, Davis

• In re Marriage Cases, 43 Cal. 4th 757 (2008), represented Governor Arnold Schwarzenegger in defending the constitutionality of state statutes that define marriage as a union between a man and a woman.
• In re E. J., etc., defending the California Department of Corrections and Rehabilitation in action challenging constitutionality of the Sexual Predator Punishment and Control Act of 2006, known as “Jessica’s Law,” which prohibits registered sex offenders from living near schools or parks where children regularly gather.
• Whitmore Union Elementary School Dist. v. County of Shasta, 87 Cal. App. 4th 574 (2001), superceded by grant of review, 2001 Cal. App. LEXIS 170 (2001), represented the County of Shasta in defending claims that arose from a loss suffered by County Investment Pool, including issues of sovereign immunity.
• Propostion 83 Cases, representing Governor Arnold Schwarzenegger and the California Department of Corrections and Rehabilitation in numerous state and federal court actions challenging the constitutionality of Proposition 83 (also known as the Sexual Predators Punishment and Control Act: Jessica’s Law), which prohibits certain sex offenders from living near schools or parks where children regularly gather.
• Kovanic v. GlobeSpan, Inc., obtained preliminary injunction for employee barring his employer from enforcing non-compete clause against him in connection with employee’s anticipated move to new employer. 
• County of Shasta v. Accounting Firms and Clearing Broker, represented a California county in litigation against two of its auditors and a clearing broker in connection with investment losses suffered as a result of a defunct broker-dealer firm having recommended investments in structured notes issued by Sallie Mae where the value at maturity was tied to the exchange rate between the dollar and the Japanese yen.
• In re Inverse Condemnation Cases, defended the State of California in inverse condemnation actions filed by national energy companies seeking damages over $1 billion after Governor Davis commandeered energy contracts during California's 2001 energy crisis.  Coordinated Proceeding concluded with summary judgment granted in favor of State of California.
• Hollywood Park Land Company, LLC v. Golden State Transportation Financing Corp., defending constitutionality of tribal gaming compacts and over $900 million in associated bonds in a reverse validation action. Obtained judgment on the pleadings after trial court found action to be time-barred.  Also obtained published decision by the Third Appellate District dismissing the plaintiffs' appeal.
• American Insurance Association v. Garamendi, defendedCalifornia’s Insurance Commissioner in actions brought by international insurance companies challenging constitutionality of California’s Holocaust Victims’ Insurance Relief Act.  Summary judgment in favor of State of California overturned by United States Supreme Court in 5-4 decision.   
• Hallfeldt v. City of Folsom, defended City of Folsom in challenge to Housing Element of City’s General Plan.  Case concluded with stipulated settlement designed to insure development of significant affordable housing opportunities while preserving City control over future development.
• Bloom  v. Sacramento A-1 Door, represented corporation in minority shareholder action.

Education

• UC Davis (1989 J.D.)
• Pitzer College (1977 B.A.)