Thai Phan’s practice includes both litigation and transactional matters on behalf of public agencies and private entities in the Southern California region. Her litigation experience includes general civil litigation and municipal code enforcement, and her transactional work includes drafting service agreements with private contractors on behalf of local municipalities.
Thai counsels various public agencies on the interpretation and implementation of state and federal laws, including the Public Records Act, the Brown Act, and Accessory Dwelling Unit Laws. She also advises and drafts local ordinances and resolutions on behalf of local agencies.
Area of Focus
- Public Records Act
- Advise public agencies on Public Records Act compliance issues, including implementation of the recent California Supreme Court cases City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (holding communications on private account and devices pertaining to the public business are public records) and Los Angeles County Board of Supervisors v. Superior Court(2016) 2 Cal.5th 282 (holding invoices between a public agency and its attorney are not categorically exempt under the attorney-client privilege).
- Advised city staff on municipal code sections regulating commercial speech and solicitation for consistency with First Amendment law.
- Advised city staff on intersection between the Americans with Disabilities Act and California dog tag laws as they relate to service animals.
- Represented city client in an appeal for attorneys’ fees.
- Represented city client in an appeal for violation of the ADA and § 1983 Civil Rights.
- Defended private client against suit for default judgment and fraudulent conveyance.
- Represented city clients in misdemeanor code enforcement matters.
- Prepared ordinance restricting panhandling in areas posing a danger to individuals.
- Reviewed CC&Rs for housing associations.
- Drafted professional services agreements for IT support services.
Pro Bono Matters
- Prepared a white paper on the legal, economic, and social issues regarding food waste, food insecurity, and homelessness and provided recommendations for funding sources and solutions.
- Provided free legal services to monolingual Vietnamese community in Little Saigon.
News & Insights
- 2019 CEB California Administrative Mandamus Update, Chapters 1 and 6
Awards & Affiliations
Memberships & Associations
- City of Santa Ana Planning Commissioner
- Board of Directors, Vietnamese American Bar Association of Southern California
- Board of Directors, Heritage Museum of Orange County