• Yamada v. Nobel Biocare Holding AG (9th Cir. 2016) ___ F.3d ___

    Orally argued - but did not write brief - for respondent in support of award of $2+million in attorneys fees to plaintiffs in class action; court rejected all of appellant’s challenges except one procedural challenge.

  • Uthe Technology Co. v. Aetrium Inc. (9th Cir. 2015) 808 F.3d 755

    Obtained reversal of summary judgment denying $18 million treble damages under RICO.

  • Agam v. Gavra (2015) 236 Cal.App.4th 91

    Co-counsel for respondent, obtained affirmance of trial court judgment in contractual dispute between property developers.

  • Overstock.com v. Goldman Sachs & Merrill Lynch (2014) 231 Cal.App.4th 513

    Co-counsel for appellant, obtained reversal of summary judgment in suit for $80 million damages for securities violations.

  • Rental Housing Association of Northern Alameda County v. City of Oakland (2009) 171 Cal.App.4th 741

    Obtained affirmance of trial court ruling upholding constitutionality of City’s “just-cause-for-eviction” ordinance.

  • Tecklenburg v. Appellate Division (2009) 169 Cal.App.4th 1402

    Successfully obtained Supreme Court order compelling Court of Appeal to hear criminal appeal, but then failed to persuade Court of Appeal to reverse conviction.

  • Betz v. Trainer Wortham & Co., Inc. (9th Cir. 2007) 519 F.3d 863 and 2007 WL 1494018 (9th Cir. 2007)

    Obtained reversal of district court ruling that elderly woman's suit for securities fraud and related state claims was barred by statute of limitations.

  • Makarova v. United States (2nd Cir. 2000) 201 F.3d 110

    Failed to obtain reversal of district court ruling that ballerina's personal injury suit for injuries sustained during performance at Kennedy Center was barred by availability of worker's compensation benefits.

  • Trans-Action Commercial Investors, Ltd. v. Firmaterr (1997) 60 Cal.App.4th 352

    Obtained reversal of trial court's imposition of $50,000+ sanctions against attorney who allegedly violated in limine orders during jury trial.

  • City of Berkeley v. City of Berkeley Rent Stabilization Board (1994) 27 Cal.App.4th 951

    Failed to obtain reversal of trial court ruling upholding rent board's method of allowing rent increases.

  • Palmer v. Ted Stevens Honda, Inc. (1987) 193 Cal.App.3d 530

    Obtained reversal of punitive damage award against used car dealer.

  • People v. McNiece (1986) 181 Cal.App.3d 1048

    Obtained reversal of vehicular manslaughter conviction; Court of Appeal held that standard jury instruction was incorrect.

  • Fisher v. City of Berkeley (1984) 37 Cal.3d 644 and 475 U.S. 260 (1986)

    Obtained reversal of Court of Appeal opinion invalidating residential rent control ordinance; California and U.S. Supreme Court held that rent control did not violate Due Process or antitrust laws.

  • Cotati Alliance For Better Housing v. City of Cotati (1983) 148 Cal.App.3d 280

    Obtained reversal for City, opinion upheld City's rent control ordinance.

  • Rue-Ell Enterprises v. City of Berkeley (1983) 147 Cal.App.3d 81

    Obtained affirmance; opinion established right of California cities to adopt commercial rent control.

  • Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129

    Obtained ruling establishing right of California cities to adopt residential rent control.

  • Green v. Superior Court (1974) 10 Cal.3d 616

    Wrote amicus brief and orally argued, obtained writ, opinion confirmed Hinson and firmly established doctrine of implied warranty of habitability.

  • Hinson v. Delis (l972) 26 Cal.App.3d 62

    Obtained reversal; opinion established new doctrine of implied warranty of habitability.

  • Lindsey v. Normet (1971) 405 U.S. 56

    Wrote brief resulting in reversal; opinion held that tenants faced with double rent appeal bond in Oregon eviction cases had been denied Due Process of Law.

  • Aweeka v. Bonds (1971) 20 Cal.App.3d 278

    Obtained reversal; opinion established new right to sue for damages for retaliatory eviction.

  • Diaz v. Quitoriano (l969) 268 Cal.App.2d 807

    Obtained reversal in class action by farmworkers who were denied welfare benefits.

  • People v. Vaughn (1966) 243 Cal.App.2d 730

    Obtained reversal for criminal defendant who was not given proper hearing.

  • Integral Development Co. v. Tolat (9th Cir., 2017) 2017 WL 123316

    Obtained reversal of summary judgment, where plaintiff alleged that defendant (its former Chief Technology Officer) had misappropriated company’s source code right before he left company to work for company’s largest rival.

  • Pecoraro v. Barbaccia (California Court of Appeal, 2016) 2016 WL 6085884

    Co-counsel for respondent, obtained affirmance of judgement cancelling 50-year old lease worth $50 million on ground of undue influence.

  • Estate of Silveira (California Court of Appeal, 2015) 2015 WL 5099279

    Co-counsel for appellant, failed to obtain reversal of judgment establishing book value of estate.

  • Beck v. Blum Collins, LLP (California Court of Appeal, 2015) 2015 WL 3451955

    Represented appellant, failed to obtain reversal of summary judgment against plaintiff suing for legal malpractice.

  • Ward v. Goss-Jewett Co. of Northern California (California Court of Appeal, 2014) 2014 WL 1778673

    Obtained affirmance of $5+ million default judgment in asbestos litigation.

  • Lakireddy v. Soto-Vigil (California Court of Appeal, 2014) 2014 WL 1478693

    Represented Respondent, order reversed.

  • Wellman v. Ziino (California Court of Appeal, 2014) 2014 WL 3841275

    Represented appellant, obtained reversal.

  • Alston v. Hoge (California Court of Appeal, 2014) 2014 WL 3730127

    Represented appellant, failed to obtain reversal.

  • Apartment Owners Association of California v. City of Oakland (California Court of Appeal, 2013) 2013 WL 360130

    Represented Respondent, obtained affirmance.

  • Ghysels v. Interfraternity Counsel (California Court of Appeal, 2013) 2013 WL 179168

    Represented Appellant, obtained reversal.

  • Boyden v. Hinton (California Court of Appeal, 2011) 2011 WL 5410617

    Ghost-wrote brief for Appellant, obtained reversal.

  • Pacific Pejiu Wu Restaurant Partners, L.P. v. Haramis (California Court of Appeal, 2010) 2010 WL 1256327

    Represented Appellant, failed to obtain reversal.

  • Wright v. Santa Rosa Memorial Hosp. (California Court of Appeal, 2009) 2009 WL 4882680

    Represented Appellant, failed to obtain reversal.

  • Arnold v. Breza (California Court of Appeal, 2009) 2009 WL 3246765

    Co-counsel for Appellant, successfully obtained reversal.

  • K.S. v. City of Livermore (California Court of Appeal, 2008) 2008 WL 5352176

    Ghost-wrote brief for Appellant, failed to obtain reversal.

  • Lewis v. County of Napa (California Court of Appeal, 2008) 2008 WL 5244651

    Represented Appellant, successfully obtained reversal.

  • Campbell v. Fireside Thrift Co. (California Court of Appeal, 2004) 2004 WL 49708

    Co-counsel for Appellant, obtained reversal.

  • Matoza v. Netscape Communications Corp. (California Court of Appeal, 2003) 2003 WL 22212027

    Represented Respondent, obtained affirmance.

  • Published Civil Cases:

    When representing appellants: 13 wins and 3 losses. (Birkenfeld and Fisher were partial wins) – a success rate of 81%.

    When representing respondents, 3 wins and 0 losses – a success rate of 100%. (Does not include Yamada, where I did not participate in writing respondent’s brief.)

  • Unpublished Civil Cases:

    When representing appellant: 7 wins, 6 losses. 54% success rate.

    When representing respondent: 4 wins, 1 loss. 80% success rate.

  • Combined Success Rate for All Appeals:

    When representing appellant: 20 wins, 9 losses. 69% success rate. (On average, appellate courts rule for appellants in less than 20% of civil appeals.)

    When representing respondent: 7 wins, 1 loss. 88% success rate.

    In all appeals: 27 wins, 10 losses. 73% success rate.