- Divorce
- Criminal DefenseThe following is a list of representative cases only; it does not include every case in which I have filed briefs. I have omitted a number of cases where the issue was straightforward or the opinion simply followed established law. I have also not included a large number of criminal appeals, as I no longer do such appeals. Please note that, in some of the cases listed, I "ghost-wrote" the briefs and thus do not appear as counsel of record. In addition, I have not included a number of writ proceedings, which are usually unreported. If you would like to see any of the briefs in any of the listed cases, please contact me.
- FraudBruntjen v. Liberty Mutual Ins. Co., 86 Fed.Appx. 242 (9th Cir. 2003). I co-authored all the briefs in this appeal, in which investors in a failed energy project in China sued a law firm for securities fraud, RICO violations and common-law fraud. The Ninth Circuit affirmed the summary judgment in my client’s favor. I also represented the law firm in the trial court and helped secure the summary judgment from which the appeal arose.
- Corporate LawLee v. Interinsurance Exchange, 50 Cal.App.4th 694 (1996). I co-wrote an amicus curiae brief in this action, which involved a challenge to the corporate governance of inter-insurance exchanges on behalf of the Northern California branch of AAA, which operates an inter-insurance exchange.
- Business DisputesI have specialized for more than 30 years in civil appeals and writs and complex motions. I have filed briefs and argued cases in all state and federal appellate courts in California, in the United States Supreme Court and several Federal Circuits, including the First, Sixth and Ninth Circuits and the Federal Circuit. These appeals have covered such diverse topics as trademark and other intellectual property, disability rights litigation, patent disputes, real estate, business and contract disputes, insurance coverage and insurance bad faith, California anti-SLAPP law, defamation and other First Amendment issues, banking and securities law, torts, criminal cases and more. In addition, I have extensive trial experience (including two plaintiff’s cases tried to a jury resulting in verdicts larger than $1 million) and offer expertise in writing complex motions, such as motions for summary judgment.
- Trade Secrets
- Employment ContractSmock v. State of California, 138 Cal.App.4th 883 (2006). I represented a former colleague in an appeal brought by the State of California after my colleague had won a jury verdict against the State for its failure to maintain a highway, resulting in an accident in which my client was injured. The appeal concerned application of the “collateral source rule,” which generally prevents a wrongdoer from deducting from damages payments made by the injured party’s employer or personal insurance. The novel issue in this case was whether the rule applied to payments made by the employer solely as a gesture of good will, rather than pursuant to an employment contract. The Court of Appeal determined that such payments fall within the collateral source rule, meaning that my client was entitled to receive the full amount of damages awarded by the jury.
- Premises LiabilityFlood v. Southland Corporation, 33 Mass.App.Ct. 287, 601 N.E.2d 23 (1992). I wrote the briefs in this premises liability case, in which the Massachusetts Appeals Court granted a new trial to my client after a judgment of more than $1,000,000 had been entered against it arising out of injuries inflicted during a fight at a convenience store between juveniles who were “hanging out” in the parking lot. This result was subsequently reaffirmed by the Massachusetts Supreme Judicial Court (
- Real Estate TransactionsMedeiros v. Johnson, 2006 WL 2513036 (Cal.App. 2007). I acted as appellate advisor in this appeal (meaning that I edited the briefs and offered advice, but was not the primary author of the briefs) concerning a judgment that a prominent law firm had not committed malpractice in a real estate transaction. The Court of Appeal affirmed the judgment against my clients, the buyers in the transaction, but determined that the law firm (which had filed a cross-appeal) was not entitled to attorneys fees.
- Easement
- Personal InjuryJohnson v. Chas. Kurz & Co., Inc. (Cal. Ct. App., 1st App. Dist. No. A045449) (1989). I wrote the briefs in this appeal of a summary judgment in favor of the client on a personal injury claim in admiralty. The Court of Appeal affirmed the summary judgment in the client’s favor.
- ForeclosureElworthy v. Spiva, 2013 WL 5934650 (Cal.App. 2013). I wrote the briefs and argued this appeal, which challenged as insufficient an award of damages in my client’s favor concerning misrepresentations in connection with purchase of a home. The case concerned whether my clients could rescind the home purchase notwithstanding that the home had been lost to foreclosure. The Court of Appeal affirmed the judgment in my clients’ favor, but ruled that rescission was not an available remedy.