Candidate for
Superior Court Judge; County of Orange; Office 12

CURRENT POSITION

Orange County Superior Court, Santa Ana, California Trial Court Judicial Attorney

Responsible for performing high quality and timely legal research on behalf of judicial officers; examining, analyzing and interpreting available information and submitting recommendations in matters before the Court. Prepare orders, rulings and judgments. Provide legal advice and counsel to the Court on various matters. Serve as Temporary Judge.

Responsible for a full range of case work-ups. Required to carefully and accurately review briefs, motions and other documents; thoroughly research and analyze existing law; draft clear, concise and well-organized legal analyses and rulings; and perform other related work as required.

PRIVATE PRACTICE

Hollins Schechter, Santa Ana, California

October 1987 to December 2007
Began as Law Clerk, worked up to Partner

Practice Areas:

• Civil Litigation / Trial / Appellate Practice in the following areas: Business Law; Community Association Law; Professional Liability (Errors & Omissions and Directors & Officers); Real Estate Law; Employment Law; Injury to Reputation; Intellectual Property; Commercial Law; Insurance Law.

• Transactional / General Counsel Practice in the following areas: Business Entities, Buy-Sell, Formation and Operation; Real Estate Contracts, Leases and Conveyances; CC&Rs Interpretation; Insurance Coverage and Evaluation; Sales and Commercial Transactions; Entertainment, Trademarks and Copyright; Employment, Contracts and Counseling.

• AV-rated attorney with a diverse practice concentrated in non-bodily injury civil litigation. Began with Hollins * Schechter in 1987 with emphasis on defense of E&O matters on behalf of real estate, insurance and financial professionals. Extensive experience in insurance coverage matters, including insurance litigation, EUO's and opinion letters. Have drafted scores of coverage opinions, reservation-of-rights and declination letters in response to tenders for defense and indemnity coverage under commercial, personal and professional liability policies.

• Have handled over 500 cases from inception to resolution (settlement, dismissal or trial). This involves initial review and evaluation of case upon intake, significant discovery and law and motion, and responsibility through trial, appeal and judgment enforcement as necessary.

• Core practice consisted of the representation of individuals and small companies in general civil and business litigation matters. Routinely provided defense to civil suits through insurance defense referrals from general liability, homeowners and professional liability carriers.

• Recent practice included defending allegations of intentional torts, cases involving punitive damages and other matters where insurance carriers have reserved rights to deny coverage. Extensive experience with anti-SLAPP motions in relation to First Amendment and litigation privilege issues. Represent both plaintiffs and defendants in contract and commercial disputes, boundary-line disputes, defamation, unfair competition, malicious prosecution, wrongful and retaliatory eviction.

• Employment practice including wrongful discharge and employment termination cases, and wage and hour disputes. Defend ADA, age and other discrimination cases.

• Experience in intellectual property litigation matters concerning copyright and trademark infringement and trade secret misappropriation.

• Represented property managers, homeowners associations, board members, homeowners and professionals in disputes relating to CC&Rs and enforcement actions.

• Defended and prosecute claims for professional liability, errors and omissions and malpractice against attorneys, investment advisors, and real estate and insurance professionals.

• Transactional practice included forming business entities, drafting and reviewing commercial agreements, including contracts for the purchase and sale of businesses, employment agreements, shareholder agreements and real estate purchase and lease agreements.

• Provided counsel to homeowners' associations related to interpretation of rights and obligations under CC&Rs, governing documents and controlling statutes.

• Experience in copyright and trademark applications. Negotiated talent agreements related to a mini-series that aired on Discovery Channel.

• Provided counsel and representation of major liability insurance carriers related to tens-of-millions of dollars in excess liability coverage for environmental and subsidence claims.

Lead Appellate Counsel on dozens of civil matters on behalf of both Appellant and Respondent, including the following published cases:

• A.F. Brown v. Rhino Electric (2006) 137 Cal.App.4th 1118:

Litigation and appellate counsel for a creditor who was sued for defamation related to its debt collection activities. Appeal related to scope of the litigation privilege and application of Anti-SLAPP motions. Prevailed on the application of the litigation privilege to public works stop notices as a matter of first impression.

• Continental Ins. Co. v. Lexington Ins. Co. (1997) 55 Cal.App.4th 637:

Litigation and appellate counsel for a major umbrella liability carrier in a dispute involving competing "other insurance" clauses. Prevailed on demurrer, and it was affirmed on appeal. Construction of umbrella policy in scheme of excess insurance coverage was a matter of first impression.

• Baker v. Mid-Century Ins. Co. (1993) 20 Cal.App.4th 21:

Litigation and appellate counsel for a major automobile liability insurance carrier in bad faith action and dispute involving insurance coverage for attorney fees awarded pursuant to Code of Civil Procedure section 1021.4. Prevailed on demurrer, and it was affirmed on appeal. The interpretation of insurance coverage for attorney fees awarded against a convicted felon was a matter of first impression.

Lead Trial Counsel in numerous civil matters on behalf of both Plaintiff and Defendant, including:

• Represented defendant body shop in a trial involving claims of fraud and unfair business practices relating to automobile body collision repair and direct referrals from insurance carriers.

• Represented employers in trials involving employment, wage and hour, and wrongful termination claims.

• Represented defendants in trials involving malicious prosecution claims.

• Represented property owners in trials involving trespass, encroachment and tree removal by adjacent landowners.

• Represented medical clinic owners in dispute with nurse practitioner groups over terms of independent contractor/employment agreement and wage and hour issues.

• Represented builders in disputes with subcontractors related to quality of work, delay claims and change orders.

• Represented policy holders against insurers for health care benefits for procedures and treatment that was denied as experimental.

• Represented landlords in cases brought by tenants for wrongful and retaliatory eviction, breach of warranty of habitability and similar claims.

• Represented homeowners' associations in cases related to enforcement of CC&R's.

• Represented guarantors in trials involving breach of loan guaranty claims.

• Represented property owners in trials involving trespass and damage to adjacent structure from invading tree roots.

• Represented shareholders/partners in trial involving corporate dissolution and accounting arising out of break up of law firm.

• Represented insurance carrier in dispute involving rescission of settlement based on mistake as to availability of additional insurance coverage.

• Represented property owners in specific performance actions relating to conveyances of residential and commercial property.

• Represented individuals in cases of fraud and negligence against insurance, legal, financial and real estate professionals.

• Represented insurance, legal, financial and real estate professionals in negligence claims.

• Represented contractors in proceedings before the Contractors State License Board.

• Represented real estate licensees in disciplinary proceedings before the Department of Real Estate.

• Represented property taxpayers in disputes before the tax assessors' appeals board.

State Courts:

• State Bar of California Bar No. 132740 Admitted 1987
• State Bar of Nevada Bar No. 6364 Admitted 1998

• U.S. Supreme Court Admitted 1991
• U.S. Court of Appeals, Ninth Circuit Admitted 1994
• U.S. District Courts:

Central District of California Admitted 1987
Northern District of California
Admitted 1993
Southern District of California Admitted 1996
District of Colorado Admitted 1998
Northern District of Texas Admitted 1991

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

• Orange County Bar Association

Business Litigation Section
Insurance Law Section

• American Bar Association

Litigation Section: Insurance Litigation
Professional Liability Subcommittees

• Association of Business Trial Lawyers

• Community Associations Institute

Education Committee

• California Association of Community Managers

• Presented legal education and training seminars on numerous topics, including:

Insurance Coverage Issues
Premises Liability Issues
Community Association Law
Professional Liability Issues

• Authored or co-authored written materials for presentation at education and training seminars, including:

OSHA Compliance Issues
Litigation of Environmental Claims
Insurance Coverage in Construction Defect Litigation
Litigation of Insurance Bad Faith Claims
Homeowners Insurance Coverage Issues

• Law review article. Kendall v. Ernest Pestana, Inc., Commercial Lease Assignments," 9 Whittier Law Review 93, 1987.

• Temporary Judge for Orange County Superior Court

Civil, Traffic and Small Claims Panels

• Arbitrator for Orange County Superior Court

Business and Civil Panels

• Arbitrator / Mediator for Orange County Bar Association

Attorney Client Fee Disputes

• Constitutional Rights Foundation

Mock Trial Scorer

• Chapman Law School / Whittier Law School

Mentor Program

EDUCATION

• Whittier College School of Law, Los Angeles, California

J.D., magna cum laude (4th in Class) 1987
Whittier Law Review
Moot Court Honors Board
Student Bar Association

• Whittier College, Whittier, California

B.A. Political Science 1984
Board of Governors

• Whittier Christian High School, Whittier, California

College Preparatory 1980