Our people

Justice Margaret M. Grignon (Ret.) is a partner in the firm’s Appellate Group.  She is retired from the California Court of Appeal, Second District, Division Five, where she spent 14 years and authored in excess of 2,230 opinions, more than 160 of which have been published.  She has considerable experience in business/commercial, employment, family, insurance coverage and bad faith, intellectual property, legal and medical malpractice, personal injury, and premises liability law.

She is a member of the California Academy of Appellate Lawyers. Among other organizations she has been or is currently involved with are the National Association of Women Judges, California Women Judges Association, the American Bar Association, and several southern California county bar associations.  In addition to her authorship of numerous published articles on tax, business and appellate law, Justice Grignon is a frequent lecturer at education programs for judges and attorneys; is active in the administration of the judicial system; is judge of various law school moot court competitions; and is a consultant for continuing legal education publications.

Representative Published Cases

• Daghlian v. DeVry University, Inc., 574 F.3d 1212 (9th Cir. 2009). Obtained dismissal on an appeal from a summary judgment in a consumer class action on the ground that repeal of the statutory basis for the action resulted in abatement.
• United States Life Ins. v. Superior National Ins. Co., ____ F.3d ____ (9th Cir. 2010). Obtained affirmance of judgment confirming a $450 million arbitration award in a dispute over reinsurance coverage for workers' compensation insurance claims.
• Dunn Yeager v. Blue Cross, 175 Cal. App. 4th 1098 (2009). Obtained affirmance in Court of Appeal of summary judgment for health insurer in action alleging that insurer's offer of infertility coverage did not comply with statute.
• Hernandez v. Vitamin Shoppe Industries Inc., 174 Cal. App. 4th 1441 (2009). Affirming the final approval of a settlement in a wage and hour class action, and further affirming orders barring counsel for plaintiffs in a competing class action from communicating with members of the conditionally certified class and issuing a notice to class members to correct a prior improper communication to class members from that counsel.
• 321 Henderson Receivables Origination LLC v. Sioteco, et al., 173 Cal. App. 4th 1059 (2009). Reversed consolidated superior court order denying 11 petitions for approval of the transfer of structured settlement payments rights. The Fifth District Court of Appeal held that contractual anti-assignment provisions are generally ineffective in barring transfers of structured settlement payment rights; the transfers are not subject to the usury law; and the evidence was insufficient to support the superior court's findings that the factoring company systematically violated the independent professional advice requirement of the Structured Settlement Transfer Act.
• Mintz v. Blue Cross, 172 Cal. App. 4th 1594 (2009). Dismissal of claims for intentional interference with contractual relations, negligent interference with contractual relations, and intentional infliction of emotional distresses arising out of alleged wrongful denial of health insurance benefits.
• Watkins v. Wachovia Corp., 172 Cal. App. 4th 1576 (2009). In putative class action alleging violation of California wage and hour laws, obtained dismissal, of appeal from order denying class certification on ground that class representative's settlement of individual claims following denial of certification deprived the class representative of standing to pursue the appeal. In same decision, also obtained affirmance of summary judgment as to another class representative on the ground that, upon termination of employment, she signed a release of disputed wage claims in exchange for enhanced severance benefits.
• 321 Henderson Receivables Origination LLC v. Judith Red Tomahawk, 172 Cal. App. 4th 290 (2009).  Reversed order denying petition under the Structured Settlement Transfer Act; trial court's failure to dismiss petition without prejudice upon transferee's request for dismissal rendered order denying petition void.
• 321 Henderson Receivables Origination LLC v. Lisa Ramos, 172 Cal. App. 4th 305 (2009). Reversed order voiding prior transfer of structured settlement payments; final court-approved transfers cannot be attacked as void under the Structured Settlement Transfer Act absent direct and affirmative evidence of fraud.
• Cable Connection, Inc. v. DIRECTV, Inc., 44 Cal. 4th 1334 (2008).  California Supreme Court affirmed trial court order vacating an arbitration award.  In a case of first impression, the Supreme Court held that parties to an arbitration agreement may agree to expanded judicial review of an award.
• Jogani v. Superior Court, 165 Cal. App. 4th 901 (2008).  Petition for writ of mandate granted; trial court committed error per se by denying plaintiff his jury trial right on legal claim for quantum meruit.
• Ball v.  FleetBoston Financial Corp., 164 Cal. App. 4th 794 (2008).  Affirmance of dismissal following an order denying permission to file an amended complaint in a Consumer Legal Remedies Act action on the ground that extension of credit is not a good or service and unconscionability allegations were encompassed in the CLRA cause of action.
• Monroy v. City of Los Angeles, 164 Cal. App. 4th 248 (2008).  Reversed jury verdict; trial court erred in instructing jury on a theory contrary to unambiguous party admissions; trial court also abused its discretion in limiting expert witness testimony; and trial court erred in excluding deposition testimony where deponent resided more than 150 miles from trial.
• Trujillo v. First American Registry Inc., 157 Cal. App. 4th 628 (2007).  Affirmed summary judgment in consumer credit reporting and unfair competition action.
• Fitz-Gerald v. Skywest Airlines, Inc., 155 Cal. App. 4th 411 (2007). Affirmed summary judgment in action brought by flight attendants against airline for minimum wages, meal and rest breaks, overtime and penalties.
• Sea Foods Co., Ltd. v. O.M. Foods Co., Ltd., 150 Cal. App. 4th 769 (2007).  Reversed third party liability judgment for foreign corporation and against California sea food importer; also reversed personal jurisdiction dismissal of fraud action brought by same sea food importer against same foreign corporation.
• Camacho v. Automobile Club of Southern California, et al., 142 Cal. App. 4th 1394 (2006).  Affirmed judgment on the pleadings for insurer in unfair competition class action brought by uninsured motorist in connection with insurer’s efforts to collect subrogation claim.

Representative Opinions Authored as Court of Appeal Justice

Business

• Zink v. Gourley, 77 Cal. App. 4th 774 (2000).  Suspension of a commercial driver’s license for a refusal to submit to chemical testing is not subject to mitigation to a restricted license.
• Truitt v. Superior Court (Atchison, Topeka & Sante Fe Railway Company), 59 Cal. App. 4th 1183 (1997).  Under Cal. Rules Prof. Conduct 2-100, an attorney with no actual knowledge of representation may interview a covered employee of corporation.
• United Med. Mgmt. Ltd. v. Gatto, 49 Cal. App. 4th 1732 (1996).  A foreign corporation which qualifies to transact intrastate business after transacting business but before commencing an action need not prove payment of state taxes.
• Myers Building Industries, Ltd. v. Interfare Technology, Inc., 13 Cal. App. 4th 949 (1993).  Punitive damages may not be awarded for breach of contract.  Attorney fee award may not be based on third party indemnity provision.
• G.E. Hetrick & Associates, Inc. v. Summit Construction & Maintenance Co., Inc., 11 Cal. App. 4th 318 (1991).  Cal. Bus. & Prof. Code § 7031, abrogating the substantial compliance rule for actions brought by unlicensed contractors had no retroactive application.
• Art Movers, Inc. v. Ni West, Inc., 3 Cal. App. 4th 640 (1992).  In this action involving toxic waste liability between current lessee and former lessee, summary adjudication of cause of action seeking permanent injunctive relief was not appealable.
• Tutor-Saliba-Perini Joint Venture v. Superior Court, 233 Cal. App.3d 736 (1991).  Venue in contract action was proper where brought, and was not required to be transferred to local agency’s county under Cal. Code Civ. Proc. § 394.
• Lundeen Coatings Corp. v. Department of Water & Power, 232 Cal. App. 3d 816 (1991).  Subcontractor’s contract claims against governmental entity were barred by the statute of limitations.
• Nicolle-Wagner v. Deukmejian, 230 Cal. App. 3d 652 (1991).  Upheld regulation requiring naturally occurring chemicals in food to be listed pursuant to Proposition 65.

Employment

• Vasquez v. Superior Court (L.A. County Fair Assn.), 80 Cal. App. 4th 430 (2000).  Arbitration provision of collective bargaining agreement is not enforceable as to ADA and FEHA claims unless agreement contains a clear and unmistakable waiver of statutory rights.
• Downs v. Dept. of Water & Power, 58 Cal. App. 4th 1093 (1997).  One year statute of limitations for FEHA action was equitably tolled while plaintiff pursued federal remedies under EEOC.
• Brundage v. Hahn, 57 Cal. App. 4th 228 (1997).  There was no disability discrimination where employer terminated employee and failed to reinstate her because of job abandonment and not mental disability.
• Fiol v. Doellstedt, 50 Cal. App. 4th 1318 (1996).  Second tier supervisor is not personally liable under FEHA as an aider and abettor for failure to take action to prevent sexual harassment of plaintiff by subordinate.

Financial Institutions

• Canadian Commercial Bank v. Ascher Findley Co., 229 Cal. App. 3d 1139 (1991).  Noncompliance with Cal. U. Com. Code § 9504 is an absolute bar to a bank’s deficiency judgment.

Government/Municipal

• Laraway v. Sutro & Co., Inc., 96 Cal. App. 4th 266 (2002).  Plaintiff’s False Claims Act cause of action properly dismissed upon request of governmental entity where good cause for the dismissal established.
• Pomona Police Officers’ Association v. City of Pomona, 58 Cal. App. 4th 578 (1997).  Retirement conversion option in collective bargaining agreement was unenforceable as in violation of the Public Employees’ Retirement Law.
• Grenier v. City of Irwindale, 57 Cal. App. 4th 931 (1997).  A public entity defendant establishes design immunity when it presents substantial evidence of the design’s reasonableness, even if there is conflicting evidence.
• Los Angeles Police Protective League v. City of Los Angeles, 27 Cal. App.4th 168 (1994).  Public entities are not required to provide for the defense of criminal actions brought against their employees.
• White v. Southern California Edison Co., 25 Cal. App. 4th 442 (1994).  Public utility that owns and maintains inoperable streetlight owes no duty to pedestrian injured in a motor vehicle collision near the streetlight.
• Rogers v. Superior Court, 19 Cal. App. 4th 469 (1993).  Telephone records of city council members, sought under the Freedom of Information Act, were exempt from disclosure under deliberative process privilege.
• Carlino v. Los Angeles County Flood Control District, 10 Cal. App. 4th 1526 (1992).  Upheld a government tort claim action concluding claim had been timely filed with proper public entity.
• Domjanovic v. Ambrose, 3 Cal. App. 4th 503 (1992).  Cal. Govt. Code § 945.3, which prevents commencement of civil action against police officers while criminal action is pending, does not toll time within which to serve defendants if an action is filed.
• Bellflower Education Assn. v. Bellflower Unified School Dist., 228 Cal. App. 3d 805 (1991).  Vacated collective bargaining arbitration award ordering reinstatment of a probationary teacher.

Health Care

• Shewry v. Arnold, 125 Cal. App. 4th 186 (2004).  Trust assets distributed solely to adult disabled child of beneficiary are exempt from Medi-Cal reimbursement claim.
• Westside Hospital v. Belshé, 69 Cal. App. 4th 672 (1999).  Statute of limitations for hospital’s petition for writ of administrative mandate commenced on date decision adopted, not on date of mailing.
• Keneally v. Medical Board, 27 Cal. App. 4th 489 (1994).  Physician is not entitled to pre-hearing disposition in disciplinary action by Medical Board.
• Mission Community Hospital v. Kizer, 13 Cal. App. 4th 1683 (1993).  Hospital’s amended cost report for Medi-Cal reimbursement was not timely filed.

Insurance

• Cabral v. Los Angeles County Metropolitan Transportation Authority, 66 Cal. App. 4th 907 (1998).  An uninsured motorist’s recovery in a negligence action was limited to economic damages under Cal. Civ. Proc. Code § 3333.4, where uninsured motorist was injured by a passing bus as he was exiting his parked car (“action arising out of operation or use of motor vehicle”).
• Standun, Inc. v. Fireman’s Fund Ins. Co., 62 Cal. App. 4th 882 (1998).  Coverage under a machine shop operator’s CGL insurance policy was barred under the pollution exclusion, where property damage arose out of purposeful, long-term, and regular discharge of waste materials into a landfill.
• Travelers Indemnity Co. of Ill. V. Maryland Casualty Co., 41 Cal. App. 4th 1538 (1996).  Conclusive presumption of Ins. Code § 11580.9(d) that policy in which vehicle is described as “owned” is primary, is applicable only where insured is engaged in the business of renting or leasing motor vehicles.
• Smith v. Premier Alliance Ins. Co., 41 Cal. App. 4th 691 (1995).  Decedent’s two children were not entitled to share in settlement of wrongful death action by insurer with decedent’s wife, but could pursue their own action.
• Grand Rent A Car v. 20th Century Ins. Co., et al., 25 Cal. App. 4th 1242 (1994).  Car rental agreement and agency’s certificate of self-insurance constitute primary liability insurance.
• People ex rel Garamendi v. American Autoplan, Inc., 20 Cal. App. 4th 760 (1993).  Doctrine of exclusive concurrent jurisdiction did not prevent trial court from issuing preliminary injunction in an action by the insurance commissioner to enforce a cease and desist order.
• Abifadel v. Cigna Ins. Co., 8 Cal. App. 4th 145 (1992).  Under a claims-made directors and officers liability policy, no claim had been made against the directors.

Intellectual Property

• Kabehie v. Zoland, 102 Cal. App. 4th 513 (2002).  State law causes of action are preempted by federal copyright law to the extent they assert rights equivalent to the exclusive right protected by federal copyright law.

Land Use

• Sounhein v City of San Dimas, 47 Cal. App. 4th 1181 (1996).  City’s conditional use permit properly limited second residential unit on property to owner-occupant as a condition running with the land.
• County Sanitation District v. Watson Land Co., 17 Cal. App.4th 1268 (1993).  Valuation opinion of expert in eminent domain proceedings may be excluded if it employs a methodology unsanctioned by law.
• Long Beach Community Redevelopment Agency v. Morgan, 14 Cal. App. 4th 1047 (1993).  Resolution of necessity adopted by redevelopment agency empowers agency to take property by eminent domain.
• Miller v. City of Hermosa Beach, 13 Cal. App. 4th 1118 (1993).  Request for a hearing on temporary restraining order or preliminary injunction does not constitute request for hearing on mandamus petition to enforce CEQA against hotel development and thus the petition was untimely and properly dismissed.

Post-Trial

• Gil v. Mansono, 121 Cal. App. 4th 739 (2004).  Attorney fee provision in release asserted as an affirmative defense did not authorize attorney fees.
• Quintana v. Gibson, et al., 113 Cal. App. 4th 89 (2003).  The sole method of obtaining an order for entry of satisfaction of judgment is the noticed motion procedure of Cal. Code Civ. Proc. § 724.050.
• Mix v. Tumanjan Development Corporation, 102 Cal. App. 4th 1318 (2002).  Attorney fees are recoverable for legal services of attorneys who assisted pro per attorney.
• Sanabria v. Embry, 92 Cal. App. 4th 422 (2001).  Costs and attorney fees may not be awarded where memorandum of costs and motion for attorney fees were not timely filed.
• General Electric Capital Auto Financial Services, Inc. v. Appellate Division, 88 Cal. App.4th 136 (2001).  A post judgment order in a small claims case is appealable to the appellate division of the superior court.
• Argaman v. Ratan, 73 Cal. App. 4th 1173 (1999).  A monetary sanction for misuse of discovery process may not include compensation for time spent by pro per attorney.
• Malovec v. Hamrell, 70 Cal. App. 4th 434 (1999).  A trial court may not impose sanctions on its own motion under Cal. Code Civ. Proc. § 128.7 following a dispositive ruling on an improper pleading and may not award monetary sanctions in favor of a party.
• Heritage Engineering Construction, Inc. v. City of Industry, 65 Cal. App. 4th 1435 (1998).  For purposes of Cal. Civ. Proc. Code § 998, a plaintiff obtains a more favorable judgment than pre-trial settlement offer where plaintiff’s judgment including pre-offer costs and attorney fees, exceeds defendant’s offer, including costs.
• Steele v. Jensen Instrument Co., 59 Cal. App. 4th 326 (1997).  Discussed the interplay among three attorney fee and cost shifting statutes: Cal. Gov’t. Code § 12965(b); Cal. Civ. Proc. Code § 1033(a); Cal. Civ. Proc. Code § 998(c).
• Great Western v. Converse Consultants, Inc., 58 Cal. App. 4th 609 (1997).  A cross-defendant is the prevailing party on the cross-complaint and entitled to costs when cross-complaint is dismissed by virtue of a good faith settlement.
• Bitters v. Network Electronics, 54 Cal. App. 4th 246 (1997).  Party to litigation who pays court reporter directly rather than depositing fees with the clerk assumes risk of loss if reporter absconds with the fees and fails to prepare the transcript.
• Kane v. Hurley, 30 Cal. App. 4th 859 (1994).  Cal. Code Civ. Proc. § 128.5 sanctions may not be ordered payable to the court.
• Walton v. Magno, 25 Cal. App. 4th 1237 (1994).  An order granting a judgment notwithstanding the verdict as to the liability phase of a bifurcated trial is not appealable.
• Real Property Services Corp. v. City of Pasadena, 25 Cal. App. 4th 375 (1994).  Nonsignatory of lease with attorney fee provision may be entitled to attorney fees as third party beneficiary.
• Mid-Wilshire Associates v. O’Leary, 7 Cal. App. 4th 1450 (1992).  Order denying vacation or correction of an arbitration award is not appealable.
• Shipp v. Superior Court, 5 Cal. App. 4th 147 (1992).  Assignment to family law court was an all-purpose assignment and disqualification motion under Cal. Code Civ. Proc. § 170.6 was untimely.
  McConnel v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 176 Cal. App. 3d 480 (1985).  Imposed sanctions for filing a frivolous appeal.

Product Liability and Pharmaceutical

• Smith v. Wyeth (Cal. App. 2004).  Upheld the dismissal of all plaintiff’s personal injury claims brought against a pharmaceutical company on statute of limitation grounds.
• National Council Against Health Fraud, Inc. v. King Bio Pharmaceuticals, Inc., 107 Cal. App. 4th 1336 (2003).  In actions under Cal. Bus. & Prof. Code §§ 17200 et seq. and 17500 et seq. a private plaintiff bears both the burden of production of evidence and the burden of proof.

Professional Liability

• Sanchez v. Bay Shores Medical Group, 75 Cal. App. 4th 946 (1999).  In a medical malpractice action, party may not recover fees of their expert witnesses as costs under Cal. Civ. Proc. Code § 1033.5.
• Powers v. Dickson, Carlson & Campillo, 54 Cal. App. 4th 1102 (1997).  In legal malpractice action, arbitration provisions of retainer agreement were enforceable (“any dispute arising out of or related to professional services”).
• Sisco v. Cosgrove, Michelizzi, Schwabacher, Ward & Bianchi, 51 Cal. App. 4th 1302 (1996).  Legal malpractice action could not be sustained where settlement agreement desired by client could not have been legally drafted by attorneys to reach desired result.
• Campanano v. California Medical Center, 38 Cal. App. 4th 1322 (1995).  Cause of action for “bystander” negligent infliction of emotional distress accrues at the time plaintiff observes the injury producing event.
• Wantuch v. Davis, 32 Cal. App. 4th 786 (1995).  A prison inmate who brings a pro se civil action against his former attorney is entitled to meaningful access to the courts.
• Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88 (1992).  Hospital may be liable to parents of psychiatric patient who committed suicide after being prematurely released by staff physician.
• Pierce v. Lyman, 1 Cal. App. 4th 1093 (1991).  Nonfiduciaries (attorneys) may be liable for conspiracy to breach another’s fiduciary duty only if they actively participated for own personal gain.

Real Estate

• Yeung v. Soos, 119 Cal. App. 4th 576 (2004).  Default judgment in quiet title action rendered without evidentiary hearing is not void.
• Herrera v. Department of Real Estate, 88 Cal. App. 4th 776 (2001).  Statute of limitations for disciplinary accusation against real estate broker commences on date broker’s law license was suspended, not date of underlying conduct.
• Moeller v. Lien, 25 Cal. App. 4th 822 (1994).  Sale to bona fide purchaser for value at nonjudicial foreclosure sale may not be set aside on the grounds of a grossly inadequate sales price.
• Andrisani v. Saugus Colony Limited, 8 Cal. App. 4th 517 (1992).  Upheld the dismissal of a vexatious litigant’s quiet title action for failure to post a bond.
• Nicholson v. Barab, 233 Cal. App. 3d 1671 (1991).  Settlement agreement in real property action is not enforceable under Cal. Code Civ. Proc. § 664.6 unless signed by the parties or placed on the record before the court.
• Machado v. Southern Pacific Transportation Co., 233 Cal. App. 3d 347 (1991).  Construed deed conveying a railroad right of way as a fee simple and not an easement.
• Vaill v. Edmonds, 4 Cal.App.4th 247 (1991).  Real estate broker was not negligent in connection with geological hazards associated with real property.
• Napue v. Gor-Mey West, Inc., 175 Cal. App. 3d 608 (1985).  Three-month reinstatement period of Cal. Code Civ. Proc. § 2924 is not tolled by injunction (Cal. Code Civ. Proc. § 356) or bankruptcy.

Tax

• City of Los Angeles v. Furman Selz Capital Management, L.L.C., 121 Cal. App. 4th 505 (2004).  A city may not impose a business tax on a limited liability company wholly-owned by a financial corporation and whose separate existence for tax purposes has been disregarded.
• Gray v. Franchise Tax Board, 235 Cal. App. 3d 36 (1991).  Nonresident taxpayers were entitled to a credit against California income taxes for taxes paid to Connecticut on California source capital gains arising out of real estate partnerships.

Tort

• Benedek v. PLC Santa Monica, 104 Cal. App. 4th 1351 (2002).  Upheld release of health club in an action by member for personal injuries arising out of use of the facilities.
• Seo v. All-Makes Overhead Doors, 97 Cal. App. 4th 1493 (2002).  Gate repair company owed no duty of care to subtenant of commercial premises for design defect in electronic sliding gate.
• American Golf v. Superior Court (Becker), 79 Cal. App. 4th 30 (2000).  Action against golf course for negligent design and placement of yardage marker was barred by the primary assumption of the risk doctrine.
• Robbins v. Blecher, 52 Cal. App. 4th 886 (1997).  Voluntary dismissal of alter ego action does not constitute a favorable termination on the merits for purposes of malicious prosecution.
• Eels v. Rosenblum, 36 Cal. App. 4th 1848 (1995).  Voluntary dismissal of a complaint without prejudice on a technical defect is not a favorable termination on the merits.
• Jacoves v. United Merchandising Corp., 9 Cal. App. 4th 88 (1992).  Store at which son purchased firearm by which he committed suicide was not liable.

Publications

• "Challenging the Superior Court's Decision," C.E.B. California Civil Writ Practice, Fourth Edition
• "Saving Face," San Francisco Daily Journal (February 3, 2009)
• "When Time's Not on Your Side," San Francisco Daily Journal (May 20, 2008)
• "Ditching Class," Los Angeles Daily Journal (January 30, 2008)
• "Objections to Evidence," Los Angeles Daily Journal (November 29, 2007)
• "Strict Compliance," Los Angeles Daily Journal (May 1, 2007)
• "Three Reasons For Thinking Twice Before Filing A Frivolous Appeal," Orange County Lawyer (April 2006)
• "The Dynamics of Appellate Oral Argument," Certworthy (Summer 2006)
• "In Tricky Dance of Appeals, Timing Of Filing Is Everything," Los Angeles Daily Journal (November 1, 2005)

Speeches / Presentations

• Frequent speaker on the art of judicial writing and other topics at judicial education programs.
• Frequent speaker on appellate law and other substantive law topics at MCLE and bar association programs.

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• California

Court Admissions

• U.S. Court of Appeals - Ninth Circuit
• U.S. Court of Claims
• U.S. Tax Court
• U.S. District Court - Southern District of California
• U.S. District Court - Central District of California
• U.S. Court of Appeals - Fifth Circuit
• State Supreme Court - California
• U.S. Court of Appeals - Eighth Circuit
• U.S. Court of Appeals - Eleventh Circuit

Professional Affiliations

• Certified as a Specialist in Taxation Law, 1984

Interests

She and her husband of more than 30 years, James D. Grignon, M.D., have two children. When she is not working, she spends time with her family, waterskiing, running, reading, and traveling.

Awards

• Listed, Chambers USA: America's Leading Lawyers for Business, "Band 2" (6 bands with 1 being the highest) rating for Appellate Litigation (California) (2009) 
• Listed, California Super Lawyers, Appellate (2008-2009)
• Listed, California Super Lawyers, Corporate Counsel Edition, Appellate (2009)