SAN DIEGO, CA – Klinedinst’s Counsel Tara R. Burd has been selected to serve as a faculty member for the upcoming National Business Institute’s (NBI) seminar titled The Probate Process from Start to Finish. Scheduled for January 19, 2020, Ms. Burd will lead instruction on three of the seminars throughout the course, and will educate on topics including probate disputes and litigation, law of intestate succession, and filing in probate court and estate timelines.

“Probate is a challenging but rewarding area of practice,” Said Ms. Burd. “It’s a window to another person’s life and all its complexities: the emotional trauma of loss and grief, and the varying multi-facetted legal obstacles that can often cross forums and jurisdictions.”

Tara R. Burd, Esq.
Tara R. Burd

Ms. Burd is an experienced probate and trust litigator, with specific emphasis on trustee defense, and elder abuse and fraud claims. She brings to her trust and probate work, civil litigation experience in breach of contract matters, business disputes, partition actions, employment, and personal injury lawsuits. Ms. Burd has represented Trustees, beneficiaries, individuals, and entities in a variety of complex matters and forums.

NBI is a leading institution for providing practical, skill-based seminars and courses. NBI’s courses are designed to enhance professional knowledge, which allows professionals to better serve their communities. The Wisconsin-based company has one of the largest and most diverse catalogs of legal courses, taught by experienced practitioners from your area with state-specific content and resources. They serve professionals in the legal industry as well as business, banking, insurance, accounting, human resources, real estate, education and government.

Klinedinst PC congratulates Ms. Burd on her role as an NBI instructor, and thanks her for her educational work in probate law. To learn about Ms. Burd and her practice, please visit klinedinstlaw.com/profiles/attorney/tara-burd

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in IrvineLos AngelesSacramentoSan Diego, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help to get the job done.

SEATTLE, WASHINGTON – Klinedinst is pleased to announce the expansion of the Seattle office in the Columbia Center, featuring new offices in the in the heart of downtown.

Located at 701 Fifth Avenue, the larger offices of Klinedinst PC provide space as Klinedinst continues to expand in the Pacific Northwest market.

“We are extremely proud of our expansion in the Seattle business community,” noted Gregor Hensrude, Managing Shareholder of Klinedinst’s Seattle operations. “Even during these uncertain times, new and established entities are moving into and thriving in Seattle who benefit from our legal support and guidance.”

Klinedinst Seattle lawyers provide counseling, litigation, and transactional services to businesses across the state of Washington in tandem with the four California-based offices.

One of Seattle’s most recognizable towers, Columbia Center is a 76-story office building in the center of Seattle’s financial district. The tower has the tallest public viewing area on the West Coast and west of the Mississippi. The building holds LEED Platinum® certification and is ENERGY STAR® rated. It is currently the tallest LEED Platinum building in the United States.

The new Klinedinst location features state-of-the-art meeting facilities, 41st story views, and expanded production and reception areas. The new office is located within blocks of the United States District Court, Western District of Washington, as well as the King County Superior Court. It is also within 10 miles of Kirkland, Bellevue, and Seattle-Tacoma International Airport.

To learn more about the Klinedinst Seattle team and location, please click here: klinedinstlaw.com/seattle

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

SAN DIEGO, CALIFORNIA – The San Diego Business Journal has featured Klinedinst Founder and CEO John D. Klinedinst in 2020 San Diego 500: The Most Influential People in San Diego.

The San Diego 500 is the market’s most comprehensive listing of business community leaders in the San Diego area and is chosen on editorial merit alone. The list, selected by the San Diego Business Journal newsroom, includes executives and experts in their field, who have established, or are currently managing, significant companies.

Mr. Klinedinst is joined on the list by leaders in a wide range of industries including business services, finance, health and science, technology, wealth management, and other icons in the business community. 

Within San Diego, Mr. Klinedinst and the firm give back significantly to various organizations. He has is an active member of the San Diego Chamber of Commerce, the San Diego/Tijuana Sister Cities Society, and the San Diego Dialogue. He also served on the board of the American Red Cross of San Diego and Imperial Counties. The firm also regularly sponsors local trade groups, environmental organizations, humane societies, the Multiple Sclerosis Society, the Leukemia and Lymphoma Society, the YMCA, and other worthwhile charities throughout California. 

This year alone, the firm has been a major sponsor of many worthwhile organizations, including the San Diego Volunteer Lawyer Program, San Diego County Bar Foundation, Lambda Legal, Association of General Contractors, Lawyers Club of San Diego, Building Industry Association of San Diego, California Bar Foundation, California Women Lawyers, and the National Association of Women Judges. Klinedinst PC is also an active supporter in programs in conjunction with the San Diego County Bar Association, particularly those programs dedicated to increasing both civility in the legal profession and pro bono service. The firm spends tens of thousands of dollars each year in supporting these kinds of efforts for the purpose of improving the diversity of the profession and improving all communities’ access to justice. 

San Diego Business Journal is one of the preeminent sources of business news and information on San Diego County’s companies, industries and business people. In 2020. Mr. Klinedinst led the firm as it quickly pivoted to a completely remote working environment. Klinedinst’s vision of being at the forefront of new technologies and information systems allowed for enhanced security and efficiency throughout the COVID-19 restrictions. Additionally, Mr. Klinedinst continued to spearhead the business development efforts of the firm, helping it thrive even in this uncertain economic environment.

Mr. Klinedinst has been honored by the San Diego Business Journal in previous years for his contributions to the business community, as well as the regional economy. He has been included in the San Diego 500 list every year of the list’s publication. The San Diego Business Journal has also named him Finalist or Winner of its Most Admired CEO award seven times since 2008.

Klinedinst PC congratulates Mr. Klinedinst on this terrific distinction. To learn more about Mr. Klinedinst, please visit: klinedinstlaw.com/profiles/attorney/john-klinedinst

To view the full list in the San Diego Business Journal, please visit: http://sdbusinessjournal.pressreader.com/san-diego-business-journal/20201130

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

Klinedinst PC is sponsoring the Lambda Legal Annual West Coast Liberty Awards, and is proud to support Shareholder and Awards Host Committee member Brian P. Murphy. The event will honor Academy Award-winning actress and director Sally Field and artist and activist Patrisse Cullors on November 11, 2020. The West Coast Liberty Awards celebrates equality and pays tribute to individuals and organizations fighting for the rights of LGBTQ people and Americans living with HIV.

SAN DIEGO, CALIFORNIA – Klinedinst is proud to sponsor the Lambda Legal West Coast Liberty Awards. Coinciding with the 30th anniversary of Lambda Legal’s western regional office, the West Coast Liberty Awards will honor Academy Award-winning actress Sally Fields and artist/activist Patrisse Cullors on November 11, 2020.

The West Coast Liberty Awards celebrates equality and recognizes individuals and organizations working to protect the rights of LGBTQ individuals and Americans living with HIV. Klinedinst Shareholder Brian P. Murphy serves as Lambda Legal’s San Diego Leadership Committee Co-Chair, as well as a member of the 2020 West Coast Liberty Awards Host Committee.

Lambda Legal, founded in 1973, is the largest and oldest legal organization fighting for the civil rights of lesbians, gay men, bisexuals, transgender people, and individuals with HIV. Their legal, education and advocacy work ranges from police and criminal justice, Latino outreach, religious exemptions, racial justice, and much more. They lead high-impact public education campaigns to help people exercise the rights they have and to build public support for equality. They advocate for public policy at the local, state and federal levels to improve the lives of all LGBT people.

“I am truly honored to aid in hosting the Lambda Legal West Coast Liberty Awards,” said Mr. Murphy. “Even during these rapidly-changing times, the volunteers and staff at Lambda Legal are staying the course, fighting to protect the LGBTQ community and those living with HIV. I am thankful for Klinedinst’s involvement, as their partnership helps support the life-changing advocacy work of Lambda Legal.”

Klinedinst is proud to support Mr. Murphy and the mission of Lambda Legal, as the organization continues its vital work for equality. To learn more about the West Coast Liberty Awards, please visit: lambdalegal.org/wcla

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel. The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day. Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

LOS ANGELES, CALIFORNIA – Klinedinst is saddened to announce the passing of Connie L. Ali, a member of our litigation support team in Los Angeles.

A Michigan native, Connie had called California home for 35 years. After moving to the Golden State, she attended various colleges throughout California while taking courses at night and working full-time during the day. It was that dedication and spirit that came to be a hallmark of Connie’s work ethic in the office.

“She had been a valued member of our team for 18 years and a wonderful presence in our Los Angeles office,” said Robert J. Hatem, Managing Shareholder of Klinedinst’s Los Angeles office. “She will be greatly missed.”

John Klinedinst, Founder and CEO of Klinedinst PC, recalled Connie as “a great person, consummate team player, outstanding legal assistant and leader in the firm.”

Her love of travel was well-known in the office. She and her family had traveled to many locales, including Hawaii, Mexico, Bahamas, Jamaica, Cayman Islands, Bali and Tahiti.

Shareholder Greg Garbacz, who first opened the Los Angeles office, recalled Connie and the critical role she played in the Los Angeles team’s success. “She stayed with the firm for almost 20 years,” Garbacz said. “She saw a lot of growth and change. I know from my discussions with Connie that what she valued at the firm was all of the friends she had here… all of whom she considered family.  She also enjoyed working with our younger attorneys and watching them grow and thrive.”

Neil Gunny first met Connie in 1988, when he was assigned to manage an Orange County law office in which she worked. Gunny recalled being astounded by the professionalism and camaraderie of the legal secretaries in that office. He was incredibly impressed with Connie and re-assigned her to work with him directly, forming a team that would work together over the next three decades. 

As Gunny puts it, “Connie was my guardian angel; in 30 years, she never made a mistake. My general anxiety was always offset by Connie’s enduring patience and grace under pressure.”

Their working relationship was put on pause for three years when that law firm dissolved, but the two were reunited in 2002 when Gunny asked Connie to join him in Klinedinst’s new LA office. Fortunately for all of us at the firm, she accepted the offer. 

“Everyone who worked with Connie adored Connie,” Gunny added.  “But Connie meant so much to all of us on a very personal level. When I lost my father in 1992, Connie gave me a sympathy card in which she suggested that I keep his photo on my dresser as a reminder that he is still in my life.  I am looking at this photo right now, and will be adding Connie’s photo as someone who I truly cherish. She lives on through her family and friends who loved her so much.”

Connie is survived by her husband and her wonderful daughters, who she spoke of fondly with her co-workers. “I know Connie loved her family and children very much but also that she considered all of us to be part of her family,” added Garbacz.

The entire Klinedinst team extends its thoughts and prayers to Connie’s family. We are all truly better for having known Connie Ali.

SAN DIEGO – Klinedinst Founder and CEO John D. Klinedinst has been named a finalist for the 2020 CEO of the Year Award by the San Diego Business Journal (SDBJ). The award recognizes top-tier chief executives in San Diego for their outstanding professional achievements and their contributions to the community.

Every year, the San Diego Business Journal conducts an extensive survey of San Diego firms to identify outstanding and highly-revered CEOs. After collecting nominations for the CEO of the Year, the San Diego Business Journal evaluates all submissions and then publishes its list of finalists for the award.

Photo of John D. Klinedinst
John D. Klinedinst

San Diego Business Journal is one of the preeminent sources of business news and information on San Diego County’s companies, industries, and business people. The publication’s regular lists provide comprehensive data and statistics on top-ranked San Diego businesses and their decision-makers. They focus on changes and innovations in companies and individuals across all industries.

Mr. Klinedinst has been recognized by the San Diego Business Journal in previous years for his contributions to the business community, as well as the regional economy. In 2019, he was named winner of the CEO of the Year Award, and he previously was named Most Admired CEO in 2017 and 2011.

“John is a recognized leader in the legal and business communities,” said Art Moreau, Chief Operating Officer of Klinedinst PC. “It is through his extraordinary efforts and support that Klinedinst PC has seen continued success and a continuing impact in the legal profession.”

Mr. Klinedinst founded Klinedinst PC in 1983, focusing his practice on resolving professional liability, business litigation, and intellectual property disputes. Today, the firm he created has nearly 140 employees across five offices, from San Diego, Irvine, and Los Angeles to Sacramento and Seattle.

The recipient of Martindale-Hubbell’s highest AV®-Preeminent™ rating, Mr. Klinedinst was named Best of the Bar (2014) for his litigation and trial work. He has also been featured in Super Lawyers® since the publication began reviewing attorneys in San Diego back in 2007 and is ranked in the Top 50: 2020 San Diego Super Lawyers®.

Winners of the CEO of the Year will be announced on September 30 at a virtual event at 2:00 pm. To RSVP please visit: app.greenrope.com/events/2020_CEO_OF_THE_YEAR

To learn more about Mr. Klinedinst, please visit:
www.johnklinedinst.com

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in IrvineLos AngelesSacramentoSan Diego, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help to get the job done.

Remembering Justice Ruth Bader Ginsburg.

Klinedinst joins the nation in mourning the passing of Supreme Court Justice Ruth Bader Ginsburg. Justice Ginsburg had a long and distinguished career.  As an attorney, her reputation as a fierce advocate for gender equality was well-earned. She participated in hundreds of gender discrimination cases, and argued six of them before the Supreme Court that she would one day serve. She served thirteen years as appellate court justice for the United States District of Columbia Circuit Court of Appeals, before being appointed to the highest court in the United States, where she served for twenty-seven years. 

As an attorney, Justice Ginsberg achieved success challenging an Idaho law that required probate courts to appoint men to administer probate estates, writing the brief that convinced a unanimous U.S. Supreme Court to hold the law was unconstitutional under the Equal Protection Clause of the 14th Amendment.  (See Reed v. Reed  (1971) 404 U.S. 1971).  The Reed case paved the way for Ginsberg’s winning arguments in future cases that struck down laws based on gender, including laws that created different standards for age of consent, drinking ages, and right to government benefits.  As a Supreme Court Justice, she continued to support gender equality, penning key decisions, including United States v. Virginia (1996) 518 U.S. 515, in which the Supreme Court struck down the male-only admission policy of the Virginia Military Institute. 

In recognition of her commitment to gender equality, the American Bar Association presented her with the Thurgood Marshall Award in 1999. She was also presented with the ABA’s highest recognition, the American Bar Association Medal in 2010. 

Justice Ginsberg believed in the power of friendship and debate from all sides of the political spectrum, and the importance of collegiality in the legal profession, actively leading by example. Much has been written about Justice Ginsburg’s close friendship with late Supreme Court Justice Antonin Scalia. While from an ideological perspective, the two were polar opposites, they respected each other’s viewpoint and valued the debate and discourse. Eugene Scalia, Justice Scalia’s son described his father’s relationship with Justice Ginsberg in a September 19, 2020 Op-Ed in The Washington Post:

“The two justices had central roles in addressing some of the most divisive issues of the day, including cases on abortion, same-sex marriage and who would be president. Not for a moment did one think the other should be condemned or ostracized. More than that, they believed that what they were doing — arriving at their own opinions thoughtfully and advancing them vigorously — was essential to the national good. With less debate, their friendship would have been diminished, and so, they believed, would our democracy.” 

Regardless of political perspective or values, the democracy that we value and cherish as a nation was made better by Justice Ruth Bader Ginsburg. We honor her memory, her dedication to gender equality, and her unwavering commitment to protecting justice and the rule of law.

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Los AngelesSacramentoSan DiegoIrvine, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side

SAN DIEGO, CALIFORNIA – Shareholder and attorney Robert M. Shaughnessy has announced his candidacy for a seat on the San Diego County Bar Association (SDCBA) 2021 Board of Directors, and launched RobertShaughnessy.com to help provide SDCBA members with additional information on his candidacy.

Mr. Shaughnessy’s goals include promoting access to justice and addressing access-to-justice issues that raise barriers for poor and under-served communities. He plans to partner with local courts and the community’s diverse law-related organizations, to help provide free, or affordable legal services to those who would otherwise be denied fair access to the justice system.

Mr. Shaughnessy brings significant leadership experience from the SDCBA, where he currently serves as the Vice-Chair of the Governance Committee and is a member of the Strategic Planning Committee. He is also a past Chair of the SDCBA’s Appellate Practice Section and has held previous positions as the Section’s Vice-Chair, Programming Chair, and Civil Rules Comment Chair. Shaughnessy is also a volunteer appellate attorney for the SDCBA’s Civil Appellate Self-Help Workshop, and he works as a volunteer with the pilot Access to Appellate Justice pro bono program, that connects self-represented litigants to volunteer attorneys willing to provide representation on appeals at no cost.

There are four “at-large” director positions up for election, with each SDCBA director serving a three-year term through 2024.

Robert M. Shaughnessy, Esq.
Robert M. Shaughnessy

“I would bring a strong commitment to professional civility to the Board if elected.” noted Mr. Shaughnessy on his SDCBA candidate page. “In a polarized social and political climate, I believe the legal profession is uniquely positioned to model authentic civility. I would bring to the Board a commitment to advance and promote diversity.”

Outside of the SDCBA, Mr. Shaughnessy is active in the Association of Business Trial Lawyers (ABTL), is a Barrister level member of the San Diego Appellate Inn of Court, and is a member of both San Diego Defense Lawyers (SDDL), and the California Lawyers Association (CLA). He has developed a wealth of experience in both complex law-and-motion and appellate practice and is a regular speaker on these topics.

Online voting for the Board of Directors positions begins October 14, 2020, and lasts until November 13, 2020. Members can vote online by logging in to the SDCBA Election website, and all SDCBA attorney members are eligible to vote.

To review updates on Mr. Shaughnessy’s candidacy, including FAQs and updated endorsements, please click on:

robertshaughnessy.com

About Klinedinst

Klinedinst is the go-to firm for clients looking for litigation, trial experience, transactional representation, and legal counsel.  The firm’s offices in Irvine, Los AngelesSacramentoSan Diego, and Seattle service the entire West Coast. What sets Klinedinst apart is the relationship our attorneys foster with each and every client. Klinedinst lawyers are indispensable strategic partners to business leaders, helping to achieve business objectives and create proactive solutions to resolve the many legal challenges that businesses are confronted with every day.  Whether vigorously advocating for business clients in court, or guiding business transactions and negotiations, Klinedinst is the trusted legal advisor to have by your side.

Frederick M. Heiser Photo
Klinedinst attorney Frederick M. Heiser has been named Managing Shareholder of the firm’s Irvine office. Heiser will have direct management and oversight of this fast-growing office in the heart of the West-Coast region.

IRVINE, CALIFORNIA — Klinedinst PC is pleased to announce Frederick M. Heiser has been named Managing Shareholder of Klinedinst’s Irvine office. Mr. Heiser takes over the role from Kevin Gramling, who will continue as Shareholder in the Irvine office.

Mr. Heiser focuses his practice on business and commercial litigation, commercial general liability, and employment. His clients include local entrepreneurs, small family businesses, and Fortune 500 companies.

Mr. Heiser is regularly called on by general counsel, business owners, and claims representatives to protect their interests and to provide hands-on, strategic, and efficient direction for complex civil cases. He has found success in retail defense, business litigation, employment law, and general liability matters.

“Fred has grown his practice and leadership ability exponentially during his time at Klinedinst, and has been instrumental in the incredible growth in our team,” added Mr. Gramling, who founded the Orange County office and served as its Managing Shareholder for 20 years. “His positive and extremely respectful attitude is appreciated and respected by both clients and team members alike. His dedication, personality, temperament, and leadership skills will serve the Irvine office well for years to come.”

Klinedinst’s presence in Orange County recently expanded into new offices in Irvine’s Park Plaza. Now leading a roster of 12 attorneys, Hesier has taken on the crucial role of continuing Klinedinst’s culture, relationship management, and commitment to individual growth, both personally and professionally, allowing attorneys to best serve clientele.

Heiser often speaks and presents on matters of retail and hospitality litigation, and partners with companies to strategically develop policies and procedures to minimize their liability risks. As a member of the USLAW Network, Defense Research Institute (DRI), and Claims and Litigation Management Alliance (CLM), Heiser advises industry leaders on a broad range of legal topics. 

Heiser earned his JD from Washington and Lee (W&L) School of Law in 2004. He also earned his bachelor’s from W&L, graduating magma cum laude in 2001. He is a former President of Washington and Lee University’s Los Angeles Alumni Chapter and remains an active member of the Chapter in Los Angeles and Orange County. 

Even though he joined the firm three years ago, Mr. Heiser is no stranger to the Klinedinst history and culture. He originally joined the firm back in 2004, becoming one of the newest associates in the Los Angeles office. He left to pursue other opportunities but ended up re-joining the firm ten years later in 2017 as Counsel. He steps into the role of Managing Shareholder as Kevin Gramling, who held the position for 20 years, concentrates on expanding his trial practice which takes him throughout the Western states.

“The Klinedinst leadership team, especially Kevin Gramling, has built this office into something incredibly special.  Kevin has left some very big shoes to fill,” said Heiser. “I couldn’t be more excited about taking on this new role and am grateful for everybody’s confidence in me.  We have such a talented team and I look forward to many great times ahead.”

Photo of Klinedinst’s Irvine Office.
Klinedinst’s Irvine Office
2 Park Plaza, Suite 1250
Irvine, CA 92614

Klinedinst PC congratulates Mr. Heiser in his new role as Managing Shareholder of the Irvine office. More information on Mr. Heiser can be viewed at: www.frederickheiser.com

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in IrvineLos AngelesSacramentoSan Diego, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help to get the job done.

SAN DIEGO, CA – Klinedinst attorney Dan Lawton filed an amicus brief today in the California Supreme Court in the matter of Masellis v. Law Office of Leslie F. Jensen, et. al., 50 Cal.App.5th 1077 (2020) on behalf of legal malpractice insurer AXA XL. The team’s brief argues that the Court of Appeal’s recent application of law in this “settle-and-sue” case merits review by the highest court in the State. Specifically, the amicus curiae letter asks the Court to settle questions raised by Masellis that could have a significant impact on all lawyers, their clients, and their insurers across California. 

The Masellis case concerns the rules of proof that apply in California “settle-and-sue” actions. In such cases, the plaintiff challenges a prior settlement as an act of lawyer malpractice and argues the lawyer-defendant could have negotiated a better deal. 

Existing law requires plaintiffs to prove causation and damages to a legal certainty. They must demonstrate that, if not for the lawyer-defendant’s malpractice, the plaintiff would certainly have received more money in a settlement or after a trial. The law also forbade juries from speculating about whether the lawyer-defendant might have gotten her former client a better deal. It required plaintiffs to prove to a legal certainty that a challenged settlement was so unreasonably low (or high) as to fall below the standard of care. 

In the amicus letter, the Klinedinst team argues that the Court of Appeal’s decision in Masellis wrongly rewrites or at least muddles these rules. 

In the Masellis case, Masellis had obtained a divorce settlement which included $1.2 million in cash and $20,000 per month in spousal support.  After securing the settlement, she discharged her lawyer (Jensen) and sued her, alleging the defendant could have secured a better deal.  

When the case was heard, the jury agreed and awarded Masellis damages.  Jensen appealed, arguing that Masellis should have had to prove that she certainly would have done better had she rejected the settlement.  However, the Court of Appeal affirmed the judgment in Masellis’ favor.

With its published decision, the Court of Appeal effectively weakened the legal certainty standard that the original trial judge rightfully should have applied. In their filing, Klinedinst lawyers point out that the decision exposes thousands of settlements to speculative second-guessing by juries and paid expert witnesses. The decision harms lawyers’ ability to negotiate and advise their clients about out-of-court settlements. It also threatens increased liability insurance premiums for lawyers and law firms, raising the cost of law practice and threatening clients with higher fees boosted to cover that increased cost. California’s strong policy favoring out-of-court settlements, the letter argues, will suffer unless the Supreme Court intervenes and reverses Masellis.

The Supreme Court is expected to decide whether to grant or deny review in Masellis by the end of September. If the court should grant review, then the parties and other amici would have the chance to file comprehensive briefs on the matter and ask the court for a decision on the merits of the case.

Read the full amicus letter here.

About Klinedinst

With over 40 years of solid history, Klinedinst is the go-to firm for clients across California and Washington State. Our litigators, trial attorneys, advisor, and transactional lawyers guide clients through their issues, finding solutions at every turn. The firm serves clients from its offices in IrvineLos AngelesSacramentoSan Diego, and Seattle. Klinedinst attorneys are deeply committed to finding practical solutions and helping get the job done.