Representative Matters

Appellate
• • Litigated more than 150 appeals and writs in state and federal courts and provided strategic advice to trial counsel
  • Served as justice pro tempore, authoring appellate opinions and reviewing writ petitions
Business Commercial
• Partnership, Joint Venture and Derivative Disputes

  • Presided over a partnership and joint venture dispute involving a dating services business, involving claims of fraud and misallocation of funds
  • Presided over multiple partnership and joint venture disputes in the cannabis industry involving claims of fraud, misallocation of funds, breach of fiduciary duty and corporate looting
  • Presided over multiple cases among medical professionals alleging breach of fiduciary duty, breach of partnership or operating agreement, fraud and misallocation of funds
  • Presided over a joint venture real estate investment dispute involving breach of fiduciary duty, unjust enrichment, breach of buyout agreement, interference with receivership, breach of indemnity, punitive damages and alter ego
  • Presided over a case involving alleged oral partnership and joint venture in an advertising and marketing firm, including claims of trade secret misappropriation, breach of fiduciary duty and fraud
  • Presided over a case involving joint venture helicopter purchase entity, with claims of breach of contract, quiet title, constructive trust and fraud
  • Presided over a case involving dissolution of a family real estate development partnership, including claims of constructive fraud, conversion, breach of fiduciary duty, misappropriation of limited liability company (LLC) funds and LLC derivative claims
  • Presided over a case involving a joint venture home purchase and flipping company, including breach of contract, breach of fiduciary duty and accounting claims
  • Presided over a shareholder derivative suit by a Delaware corporation against a managing shareholder for self-dealing and breach of fiduciary duty in connection with corporate loans
  • Presided over a dispute arising from an alleged breach of a Texas distribution agreement for gaming equipment
  • Presided over the dissolution of a partnership in a lighting supply business, including claims for accounting, false promise, Unlawful Competition (UCL, § 17200) and common counts
  • Presided over a dispute arising from the breach of a joint venture agreement between a professional polo player and a sponsor concerning the purchase and maintenance of horses

  Insurance

  • Presided over numerous bad faith disputes arising from home, commercial, personal injury and auto policies
  • Presided over insurance coverage disputes in commercial, real estate, personal injury and sexual abuse policies
  • Presided over numerous disputes between insurers and policyholders concerning coverage and compensation for water, fire, plumbing or electrical damage caused by neighbors
  • Presided over a case involving insurance coverage for assault and battery by a neighbor in a common interest development
  • Presided over a case involving the scope of insurance coverage for a member of an HOA board of directors for alleged ultra vires acts, including discrimination against other homeowners in community
  • Presided over numerous multiparty/insurer cases involving subrogation, indemnity, contribution and apportionment of fault
  • Presided over a dispute between a hospital and a union involving insurance benefits for services rendered and ERISA preemption
  • Presided over a case brought by an insurer against a public utility involving subrogation, contribution, coverage of additional insured and interruption coverage after electrical outage
  • Presided over numerous qui tam and Insurance Fraud Prevention Act (IFPA) cases, including cases involving fraudulent workers’ compensation benefits and fraudulent reporting of general liability claims

  Breach of Contract

  • Presided over numerous cases involving breach of construction agreement for new construction or remodeling of residential and commercial property
  • Presided over numerous cases involving breach of construction loan agreements
  • Presided over numerous cases involving disputes between real estate brokers and agents concerning commissions agreements
  • Presided over a case brought by a physician alleging a hospital and a national insurer conspired to illegally recruit physicians and breached the settlement agreement
  • Presided over numerous cases involving breach of contract by physicians or medical groups and hospitals over reimbursements or failure to account for patients or services
  • Presided over breach of contact action between a polo player and a polo instructor for provision of lessons, horses and equipment
  • Presided over a case involving a fraudulent loan guarantee to induce a bank to provide capital for fraudulent purposes
  • Presided over a case involving breach of purchase agreement for fine art from a broker/dealer

  Trade Secrets/Trade Libel/Intellectual Property

  • Presided over case involving a corporation alleging trade libel and tortious interference with business relations against its CEO’s former wife, who allegedly conspired to ruin the corporation’s business and advantage competitors by spreading false allegations about the CEO’s personal life
Civil Rights
• 1983

  • Presided over a case brought by a landowner claiming code enforcement violated civil rights under § 1983, illegally trespassed on land, invaded privacy, converted property and effectuated an inverse condemnation as part of the code enforcement proceeding to remove dozens of animals living on the property
  • Presided over a case brought by an individual alleging §1983, Fourth and Fourteenth Amendment, Monell and other claims against county and local police arising from failure to treat a serious medical condition during detention and incarceration in local and county jails

  Unruh Civil Rights Act/Bane Act/ADA

  • Presided over an Unruh Act case brought by a group of patrons at a local community center allegedly denied equal access to the center based on ancestry and national origin
  • Presided over numerous cases against hotels and businesses alleging violation of the Unruh Act and ADA for failure to provide an accessible website
  • Presided over a case brought by a union representative against a school district and public officials engaging in threats, coercion, intimidation and retaliation for exposing discrimination and other alleged misdeeds
  • Presided over numerous employment cases alleging Unruh Act and Bane Act claims

  Housing Discrimination

  • Presided over a case brought by a homeowner alleging housing discrimination based on race against HOA and HOA board members who denied approvals for landscape improvement
  • Presided over a case brought by homeowners alleging housing discrimination on the basis of race arising from discriminatory comments and actions by the HOA and the owner/representatives of a mobile home park
  • Presided over numerous unlawful detainer matters alleging housing discrimination as a defense or cross-complaint
Construction
• Mechanic’s Liens/Disgorgement

  • Presided over numerous mechanic’s lien claims by homeowners and by mechanics seeking to expunge through Lambert motion, on home, commercial and public projects
  • Presided over construction defect and dozens of mechanic’s lien claims in a case involving a commercial manufacturing facility over 100,000 square feet.
  • Presided over construction defect and dozens of mechanic’s lien claims in a case involving a bankrupted hotel project
  • Presided over a case for disgorgement of millions of dollars after the property owner learned that the general contractor failed to carry the required workers’ compensation insurance or misclassified subcontractors

  Construction Defect

  • Presided over a multimillion-dollar construction defect case brought by the homeowner of a luxury property against a general contractor and dozens of subcontractors for myriad defects throughout home, including cracks in foundation, flooring and pool
  • Presided over a construction defect case against a general contractor for failure to obtain permits and build to plan, failure to oversee subcontractors installing foundation and framing, and failure to correctly install electrical system
  • Presided over a construction defect case brought by homeowners against a general contractor for failing to oversee subcontractors or assure work completed timeline or in workmanlike manner, failure to obtain permits, defective flooring and drywall installation, and negligently installed fixtures

  Lender/Financing

  • Presided over a case between a construction lender and a property owner involving multiple fraudulent encumbrances on land, reformation of deed of trust and quiet title claims
  • Presided over numerous cases brought by lenders seeking to recover for breach of loan or construction loan agreement, or fraud/fraudulent misrepresentation in loans or personal guarantees

  Improvement Bond

  • Presided over numerous cases involving disputes over collection on contractor’s, mechanic’s or subdivision improvement bonds
Elder Abuse and Fraud
• • Presided over an intrafamily dispute between a stepfather and a stepson alleging elder abuse against the mother, eviction, breach of contract, breach of fiduciary duty and unjust enrichment
  • Presided over numerous cases brought by family members alleging wrongful death or serious bodily injury against elder care and rehabilitation facilities
  • Presided over numerous intrafamily disputes alleging elder abuse, fraud and breach of fiduciary duty based on wrongful transfer of property
  • Presided over an elder abuse case brought by a father against a son alleged to have fraudulently taken or concealed assets and stolen or converted property while the father was incapacitated
  • Presided over an elder abuse case brought by the son of a decedent elder against a caretaker alleged to have embezzled funds from the father during his incapacity
  • Presided over an elder abuse case brought by daughters of an elder against a brother caretaker alleged to have committed elder abuse and misappropriated funds and assets from the mother, including the family home
Employment Law
• Wage and Hour/PAGA/Class Action

  • Presided over numerous individual, Private Attorneys General Act (PAGA) and class action cases involving failure to provide compliant meal and rest periods, paid sick leave issues, tip pooling disputes, overtime claims, and donning and doffing allegations in the restaurant, hospitality and private club industries
  • Presided over numerous cases involving California Labor Code § 226 claims for improper or incomplete information on wage statement and failure to provide wage statements
  • Presided over numerous cases involving misclassification of employees
  • Presided over a case involving retaliation against an employee for reporting misclassification, including claims under California Labor Code § 1102.5
  • Panelist on an appellate case involving headless PAGA claims brought by employees

  Discrimination and Retaliation

  Claims arising under FEHA, Title VII, ADA, CFRA, PDA, including race, religion, 
  gender, sexual orientation, age, disability, medical condition and retaliation

  • Presided over an age discrimination, harassment, retaliation and failure to prevent harassment and retaliation suit by a clinical supervisor at a treatment center
  • Presided over multiple age discrimination, harassment and wrongful termination suits by municipal employees
  • Presided over multiple age discrimination, harassment and wrongful termination suits by employees at educational institutions
  • Presided over a case involving allegations of sex and gender discrimination and harassment brought by a hotel employee against the hotel, its management company and their supervisor, arising from alleged workplace assault and inappropriate touching
  • Presided over numerous pregnancy discrimination cases involving workers who were allegedly terminated, demoted or denied pay in connection with pregnancy, medical complications of pregnancy or leave requests associated with pregnancy
  • Presided over numerous race discrimination claims involving hospital staff alleging racial or national origin discrimination by doctors
  • Presided over numerous cases involving the California Family Rights Act (CFRA) and protected leave
  • Presided over numerous cases involving disability/medical discrimination, failure to accommodate, failure to interact, harassment and retaliation, including based on perceived disability or medical condition
  • Presided over numerous cases involving religious discrimination, failure to accommodate and harassment based on religion in cases arising from the COVID vaccination exemption in healthcare settings
  • Presided over a pregnancy discrimination and harassment case brought by a worker at a fast food establishment
Estate Probate Trusts
• • Presided over numerous cases involving Probate Code § 850 surcharge petitions, third-party claims, conservatorship and trust contests
  • Presided over a case involving allegations of self-dealing against a personal representative in an estate/probate matter involving breach of fiduciary duty and misappropriation of estate funds and funds of corporate entity owned by the decedent
  • Presided over a case against an attorney in a trust case alleged to have fraudulently or negligently charged a trust estate legal fees or failed to declare legal fees received
  • Presided over a quiet title case involving property of a conserved person and claims of fraud against the conservator
  • Presided over a case among a trustee and beneficiaries, including forum non conveniens, based on the location of trust assets
Family Law
• • Presided over hundreds of dissolution actions, including for high-net-worth individuals, involving spousal and family support and division of assets (real property, family business, partnerships, stocks, pensions, household items)
  • Presided over hundreds of child custody and child support cases, including move-away and international custody cases
  • Presided over numerous cases involving pre- and post-marital agreements, Marvin cases and domestic partnership agreements
Governmental & Public Agency
• Administrative

  • Presided over numerous writs of administrative mandate (1094.5)
  • Presided over numerous writs arising from suspension or termination from employment or termination of employee benefits

  Brown Act

  • Presided over numerous cases alleging Brown Act violations by local public entities, including failure to report out of closed session

  Public Records Act

  • Presided over numerous writ petitions seeking disclosure under the Public Records Act

  Housing Element Law/Zoning

  • Authored an opinion on California’s Housing Element Law and use of overlay zones to accomplish state-mandated housing goals

  Taxpayer

  • Presided over a case involving multiple 526a taxpayer claims against a county for misuse of public funds and waste in connection with animal shelters and animal welfare programs
  • Presided over multiple cases involving 526a taxpayer claims arising from a city traffic enforcement program

  Government Claims Act

  • Presided over myriad dangerous condition cases involving slip-and-fall/trip-and-fall, automobile accidents, motorcycle accidents, flooding and other claims involving design immunity on public property
  • Extensive experience with Government Claims Act cases and defenses, including assessment of timeliness through demurrers, summary judgments and petitions for relief from the Claims Act
Personal Injury
• Catastrophic Injury/TBI

  • Presided over a case against a gas station owner after a pump malfunction caused a patron debilitating injuries, including to their eyes and lungs
  • Presided over a case involving electrocution of a patron climbing on a light fixture at a stadium
  • Presided over multiple wrongful death cases involving pedestrians struck by cars or trucks, including loss of consortium claims and apportionment
  • Presided over a case against a utility for electrocution after a construction worker struck an underground line
  • Presided over a case against multiple public entities, utility and individuals in connection with a fatal collision between a vehicle and a pedestrian in the road to avoid a fallen electrical wire and related fire
  • Presided over a case involving amputation by commercial washing equipment
  • Presided over a catastrophic injury case arising from an exploding pipe and an allegation of workers’ compensation exclusivity
  • Presided over a wrongful death case against a local public entity and the county after a pedestrian was struck and killed by a public employee
  • Presided over a case brought by a tree trimmer against a homeowner after the tree trimmer fell out of a 30-foot-high palm tree
  • Presided over a case brought by a construction worker who fell through an improperly secured roof at a commercial packing plant
  • Presided over a multiparty wrongful death case brought by the family of an individual who was struck and killed on the side of a road after a company-owned truck stalled allegedly due to faulty maintenance
  • Presided over a wrongful death case against trucking companies alleged to have negligently hired an improperly licensed and unsafe driver who struck another vehicle and killed a passenger
  • Presided over a wrongful death case involving a sports car driver allegedly participating in an illegal race when they struck and killed another driver

  General Negligence/Premises Liability

  • Presided over multiple cases involving claims of negligence and nuisance stemming from fire, smoke and ash-related damage to homes and residents adjacent to burned properties
  • Presided over hundreds of trip-and-fall and slip-and-fall cases against homeowners, commercial entities, HOAs and municipalities
  • Presided over a premises liability and general negligence action against a night club after patrons were shot in its parking lot
  • Presided over a premises liability and general negligence action against bar after a patron was assaulted by a fellow patron
  • Presided over a case involving a general negligence/premises liability action against a landowner and a lessee of a restaurant after the patron drove their vehicle through the front window of the restaurant and injured patrons
  • Presided over a case brought by a plaintiff who sued a homeowners’ association landscaping company for negligently installing a fountain that fell on him
  • Presided over numerous strict liability cases, including dog bite and ultra hazardous conditions

  Assault and Battery

  • Presided over a case brought by a student alleging assault and battery against a football coach following a melee on the football field after the game, including claims against the school district
  • Presided over a case brought by a soccer referee against a player, parents, a national soccer association, tournament organizers and coaches after the player attacked the referee during a game
  • Presided over a case involving assault and battery claims arising from a bar fight in the Dominican Republic
  • Presided over multiple cases involving assault and battery claims brought by patrons against bouncers and security personnel at an internationally known music festival

  Slander and Libel

  • Presided over an action for slander and libel based on comments and emails that a neighbor was a pervert or showed inappropriate interest in children
  • Presided over for an action for slander based on statements made by an HOA board President at an HOA meeting about a member of the association

  Sexual Abuse and Assault

  • Presided over a sexual abuse case involving a minor assaulted by a fellow student in an afterschool program, including claims against the school district
  • Presided over a sexual abuse case involving a minor assaulted by a teacher at school, including claims against the school district
  • Presided over a sexual abuse disciplinary/wrongful termination case involving two teachers at an off-site conference
  • Presided over numerous confidential cases brought by minors alleging sexual abuse against large religious institutions
  • Presided over multiple sexual abuse cases against school districts brought by minors abused by bus drivers
  • Presided over multiple sexual abuse and assault cases brought by patrons against both local and national hotels/hotel chains, alleging sexual assault by massage therapists

  Products Liability/Automotive/Song-Beverly Act

  • Presided over a products liability case against the distributor of an allegedly defective throttle assembly
  • Presided over hundreds of Song-Beverly Act cases alleging the largest automakers and distributors provided defective automobiles or parts, including extensive experience resolving motions to arbitrate, demurrers, motions for summary judgment, motions for judgment on the pleadings, appeals and conducting informal discovery conferences to resolve discovery disputes
Professional Liability
• Medical/Dental Malpractice

  • Presided over a medical malpractice case against an orthopedic and spinal specialist for negligent failure to diagnose and treat cauda equina syndrome
  • Presided over a medical malpractice case against an allergist otolaryngologist for negligent failure to treat and diagnose cancerous tumor
  • Presided over a medical malpractice case against multiple emergency room doctors for negligent failure to treat and diagnose a fatal fever in an infant patient
  • Presided over a dental malpractice claim involving negligent replacement of dental implants
  • Presided over a dental malpractice claim involving negligent installation of dental crowns and bridges

  Legal Malpractice

  • Presided over a legal malpractice case against a family law attorney who allegedly failed to explain the settlement agreement to their client
  • Presided over a legal malpractice case against a family law attorney who was alleged to have negligently advised their client about a marital asset
  • Presided over a legal malpractice case against a civil attorney who was alleged to have negligently handled a real estate case and settlement
  • Presided over a legal malpractice case against a civil attorney alleged to have negligently handled an insurance coverage dispute

  Architecture/Engineering Malpractice

  • Presided over a case against architecture and engineering firms alleged to have negligently designed a commercial structure
  • Presided over a case involving an engineer who performed work outside the scope of their licensure

  Notary

  • Presided over numerous cases alleging malpractice by notaries public, including allegations of failure to adequately confirm identity and aiding and abetting fraud
Real Property
• Boundary Disputes/Easements

  • Presided over numerous boundary disputes arising from lot line adjustment, express and implied easements, and adverse possession
  • Presided over a public and private nuisance, quiet title action involving easement by use of express easement, implied easement and adverse possession over golf cart path within planned community
  • Presided over a case involving an easement and boundary dispute between commercial farms
  • Presided over a case involving nuisance and encroachment on an easement caused by overland water flow
  • Presided over a case involving encroachment on an easement caused by new-home construction

  Land Use/Entitlement/Planning and Zoning Law

  • Presided over a case involving conservation easements in common areas
  • Presided over numerous cases involving the application of the Planning and Zoning Law, including general and specific plan inconsistency
  • Presided over a case involving failure to pay commission for lobbying to obtain a variance from local land use laws and obtain entitlements for property, including gas stations

  Escrow/Title/Title Insurance

  • Presided over numerous cases involving alleged negligence by escrow agents, including in processing of escrow documents, failure to comply with instructions and failure comply with court orders
  • Presided over a case involving an escrow company and a title company failing to provide an insured party escrow-required coverage and comply with escrow instructions, including claims of failure to comply with exclusions and exceptions, equitable estoppel and inequitable conduct
  • Presided over a case alleging slander of title by an attorney who recorded the abstract of judgment and notified the lender of a lawsuit

  Broker/Real Estate Agent Negligence

  • Presided over numerous cases involving alleged negligence or misrepresentation by real estate agents and brokers in connection with commercial, home and vacant land sales, including failure to disclose asbestos or other defects and failure to disclose dual representation or commissions
  • Presided over a dispute between a broker and a real estate agent over failure to pay hundreds of thousands of dollars of commissions earned
  • Presided over a dispute between a broker and a real estate agent after the agent moved to a different brokerage and failed to disclose sales/earnings prior to moving
  • Presided over a case against an alleged dual broker for negligence in listing residential care facilities for sale

  Tribal Lands

  • Presided over numerous cases involving tribal sovereign immunity in connection with personal injury and commercial disputes
  • Presided over numerous cases involving land leases

  Commercial Leasing

  • Presided over a case brought by a landlord for breach of a multimillion-dollar commercial lease by a cannabis business, including appointment of receiver over tenant business to avoid waste
  • Presided over a case involving a breach of lease by a gymnastics organization, including claims for emergency injunctive relief to permit continuation of business during the dispute
  • Presided over a case brought by a commercial lessor of event space seeking to recover damages after lessee failed to pay and attempted to argue impossibility because COVID regulations precluded an event from occurring
  • Presided over a case involving the exercise of an option in a commercial lease and breach of lease based on the requirement to maintain an anchor tenant in a commercial shopping center
  • Presided over a case involving a breach of a commercial lease by a restaurant and individual owners, including attachment and alter ego allegations

  Subdivision Map Act

  • Presided over numerous cases involving entitlements and compliance with California’s Subdivision Map Act, including failure to comply with the act or provide required subdivision improvements as well as the statute of limitations for challenging maps

  Breach of Contract/Quiet Title/Fraudulent Conveyance

  • Presided over a case involving breach of a vacant land purchase agreement and joint escrow instructions after the seller failed to complete the transaction, including claims for restitution and orders for specific performance
  • Presided over a multimillion-dollar fraudulent convenance case against multiple individuals and their alleged alter ego corporations
  • Presided over numerous cases brought by creditors seeking to rescind sales, void deeds or conveyances, and obtain judgment against debtors who have fraudulently conveyed real property to avoid judgment
  • Presided over a case involving an incomplete real estate transaction after a failed attempt to execute a purchase option, including claims for breach of written, oral and implied contract; promissory estoppel; quasi contract; intentional and negligent misrepresentation; conversion; deceit; fraudulent conveyance; and misappropriation and embezzlement of deposit/rent
  • Presided over an action by a bank seeking to quiet title and foreclose on a home after the homeowner failed to pay the multimillion-dollar mortgage and asserted defenses under the California Homeowner Bill of Rights (HBOR)
  • Presided over numerous wrongful foreclosure actions seeking to quiet title after attempts to obtain loan modifications (HBOR, Civil Code §§ 2924, 2924.17)
  • Presided over a case involving wrongful foreclosure by an RV park owner and slander of title
  • Presided over a case involving allegations that the seller of a lot in a cannabis business park failed to disclose the inability to access utilities and misrepresented business opportunities

  Homeowners’ Associations

  • Presided over a case against an owners’ association and multiple financial services entities after the homeowner alleged unlawful transfer of title after foreclosure
  • Presided over a case brought by a homeowner alleging trespass and vandalism after the owners’ association and its board authorized the removal of trees in the common area and on the homeowner’s property
  • Presided over a case brought by a homeowner against the owners’ association and its board for breach of governing documents, breach of fiduciary duty, slander in connection with pet policy and comments at board meetings and in the community newsletter
  • Presided over a case against an owners’ association for improperly obtaining loans and levying assessments in violation of governing documents
  • Presided over numerous Davis-Stirling Act cases
  • Presided over an action against an owners’ association for violation of governing documents and the Davis-Striling Act in connection with the sale of a golf course

  Other

  • Presided over a putative class action against an apartment complex landlord for breach of lease, breach of warranty of habitability, withholding of security deposits and Unfair Competition Law (UCL, §17200)
  • Presided over a public and private nuisance action brought by a neighbor in common interest development against another neighbor violating home-height restrictions in CC&Rs