biography
Peg Carew Toledo
Partner
toledo@mgslaw.com
Tel: (916) 551-2592
Practice Areas |
Peg Toledo’s practice concentrates on complex civil litigation in federal and state courts with an emphasis in appellate practice and Proposition 65 defense and counseling. "I approach litigation with a focus on problem-solving. I recognize that the best legal strategy must not only resolve the legal dispute, but also be cost-effective and meet my client's business objectives."
Peg is certified as an Appellate Law Specialist by the California State Bar, Board of Legal Specialization. Peg has litigated over fifty appeals and writs in state and federal appellate courts involving a wide range of issues including breach of contract, statutory interpretation, constitutional issues, trade secrets, unfair competition, tortious interference, malicious prosecution, and recovery of attorney’s fees. She writes a monthly column on appellate law called “Appellate Insight,” which is published in The Daily Recorder.
Peg has over 14 years of experience in Proposition 65 defense and counseling, helping both small and large companies navigate the complexities of complying with Proposition 65. Over the years, she has provided Fortune 100 companies with Proposition 65 compliance advice, regulatory advocacy, and litigation defense. She has handled cases alleging exposure to a variety of Proposition 65 listed chemicals including lead, arsenic, formaldehyde, mercury, acrylamide, toluene, benzene, cadmium, progesterone, and phthalates.
Prior to joining Mennemeier, Glassman & Stroud, Peg practiced law at Orrick, Herrington & Sutcliffe and the California Attorney General’s Office. She also served as a law clerk to the Honorable Warren J. Ferguson, a Senior Judge on the United States Court of Appeals for the Ninth Circuit.
In 2011, Peg was appointed to serve as Chair of the Magistrate Judge Selection Committee for the Eastern District of California. In 2008, Chief Judge Alex Kozinski appointed Peg to serve a three-year term on the Ninth Circuit Advisory Board. Previously, Peg served as a member of the Ninth Circuit Judicial Conference Executive Committee, as the Chair of the Ninth Circuit’s Lawyer Representatives Coordinating Committee, and as the Chair of the Judicial Advisory Committee for the Eastern District of California.
Peg was named as a Northern California Super Lawyer in 2010 and 2011. In 2006, the Ninth Circuit Court of Appeals honored Peg with two Distinguished Service Awards for her “dynamic leadership and dedicated service” to the court.
Peg graduated with great distinction from the University of the Pacific, McGeorge School of Law. During law school, she was the Associate Articles Editor of the Pacific Law Journal.Peg received her B.A. with honors in Latin American Studies from Duke University.
In 2011, Peg returned to the sport of marathon running after a 15-year hiatus, completing the Big Sur Marathon in May.
Representative Matters |
- California Statewide Community Development Authority v. All Persons, 40 Cal. 4th 788 (2007), obtained reversal from the California Supreme Court of the trial court and Court of Appeal decisions on behalf of a joint powers authority in an appeal raising the issue of whether tax-exempt bond financing for pervasively sectarian schools violates article XVI, section 5 of the California Constitution or the Establishment Clause of the United States Constitution.
- California Medical Association v. Genest, 193 Cal. App. 4th 1449 (2011), successfully represented Director of California Department of Finance in action challenging general fund borrowing from California Medical Board’s special fund.
- Epstein v. Superior Court, 193 Cal. App. 4th 1405 (2011), successfully obtained dismissal of writ action challenging $2.3 billion sale of state buildings.
- Valley Oaks Village Homeowner’s Association v. Lane, 2009 Cal. App. Unpub. LEXIS 6860, represented plaintiff-appellant in a construction defect action. The appellate court reversed the trial court’s order sustaining a demurrer on statute of limitations grounds.
- Pecora v. Jones, in a breach of contract action, obtained an alternative writ of mandate ordering the trial court to vacate its orders granting summary adjudication and expunging the lis pendens. The trial court complied with the alternative writ.
- American Environmental Safety Institute v. Procter & Gamble Distributing Company, 2006 Cal. App. Unpub. LEXIS 10323, prevailed in the trial court and on appeal on behalf of Procter & Gamble when the California Attorney General challenged Procter & Gamble’s Proposition 65 settlement with a private plaintiff.
- Mkrtchyan v. Gonzales, 215 Fed. App’x. 624 (9th Cir. 2006), obtained a reversal at the Ninth Circuit of an adverse credibility determination by the immigration judge and the Board of Immigration Appeals in an asylum case.
- Watershed Enforcers v. California Department of Water Resources, represented the California Department of Water Resources in a writ proceeding alleging non-compliance with the California Endangered Species Act.
- People of the State of California v. Sonora Mining Corp., obtained a favorable settlement for a mining company client in a lawsuit filed by the California Attorney General that sought to obtain a cleanup order and damages for alleged and threatened groundwater contamination at an inactive gold mine in Northern California.
- Sagouspe v. Westlands Water District, represented farmers in California’s Central Valley in class actions in state and federal court to determine their rights to water from the United States Bureau of Reclamation.
- Idaho v. Norton, represented the State of Idaho in an action filed pursuant to the federal Endangered Species Act challenging the United States Department of the Interior’s decision to reintroduce grizzly bears into Idaho.
- Women’s Resource Network v. Gourley, 305 F. Supp. 2d 1145 (E.D. Cal. 2004), prevailed on summary judgment on behalf of the Yosemite Fund in a lawsuit alleging that California’s specialty license plate program violated the First Amendment. The court held that the Legislature did not infringe on free speech rights when it approved a specialty license plate for the Yosemite Foundation to raise funds for Yosemite National Park.
- Thompson v. Miller, 112 Cal. App. 4th 327 (2003), represented appellant-defendant in an appeal from the trial court’s order denying an award of attorney’s fees and expert witness costs. The appellate court reversed and remanded.
- Banks v. International Billing Services, 2003 Cal. App. Unpub. LEXIS 10567, successfully represented law firm in a malicious prosecution action at the trial court and on appeal; appellate decision affirmed trial court’s summary judgment in favor of defendants.
- Amalgamated Transit Union Local 587 v. State of Washington, 142 Wn. 2d 183, 11 P. 3d 762 (S. Ct. Wash. 2000), successfully challenged initiative as unconstitutional for violating the single subject rule.
- United States v. 5145 North Golden State Boulevard, 135 F.3d 1312 (9th Cir. 1998), represented property owner in civil forfeiture appeal.
Education
- McGeorge School of Law (1995 J.D.)
- Duke University (1987 B.A.)
