City of Eureka had a settlement with Brandey Wheeler, now dismissal hearing vacated and both parties want a jury trial

 

(Eureka City Hall Photo: John Chiv)

On December 18, I did a post on a wrongful termination lawsuit filed by Brandey Wheeler Brandey Wheeler vs City of Eureka, Miles Slattery et al. 

https://johnchiv.blogspot.com/2025/12/brandy-wheeler-sues-city-of-eureka-et.html?m=1

On 12/12/25, a partial dismissal with prejudice was granted for Slattery, 1st, 7th, 8th and 9th causes of action.

A demurrer was filed by Leibert Cassidy and Whitmore, the San Francisco law firm representing City of Eureka and Miles Slattery. Former City of Eureka Deputy Attorney Curtis Davis whose employment was terminated by the City of Eureka is representing Wheeler.  The demurrer was continued by stipulation to 12/19/25.

On 12/19,  Davis and Leibert Cassidy Whitmore's Ethan Wicklund were not present in court. The demurrer was vacated and the Court issued an order to show cause for both attorneys failure to appear which was scheduled for 1/12/26. Court minutes  were not available yesterday and may not be up for a few days since there is a civil trial going on in that courtroom. Slattery's name still appeared on the court calendar.

https://johnchiv.blogspot.com/2025/12/if-plaintiffs-goal-is-to-preserve-vital.html?m=1 

On December 18, a notice of settlement of entiee case was filed by LCW. On December 24, LCW filed a case requesting a jury trial. On December 29, Davis did the same. Slattery's name is still listed in court documents.

From future dates and a summary in e court, the dismissal hearing was vacated. I don't know what happened and if any sanctions were issued; the case still lists as settled next to the 1/12/26 court  date. A case management conference is scheduled for 4/17/26.