David is certified as a Specialist in Appellate Law by the State Bar of California Board of Legal Specialization. He focuses on civil appeals, writs, complex law and motion, and litigation advice in high-stakes matters. His work spans numerous substantive areas, including product liability, class actions, probate and trust, employment, lender/borrower transactions, trade secrets, consumer fraud and unfair competition, real estate, administrative law, family law, and general commercial disputes. He has handled over 125 appeals in federal and state appellate courts around the country.
Experience
Representative matters
Representative matters
Minneci v. Pollard, 132 S. Ct. 617 (2012) (amicus brief; holding Bivens action is unavailable against employee of private prison operator)
In re Sergio Garcia on Admission, 58 Cal. 4th 440 (2014) (amicus brief on behalf of 70 law professors; holding that undocumented immigrant who satisfied requirements for practicing law may be admitted to state bar)
Colvis v. Binswanger, 96 Cal.App.5th 393 (2023) (holding that Probate Code permitted interested third parties to appear and be heard in truist administration proceedings)
Minneci v. Pollard, 132 S. Ct. 617 (2012) (amicus brief; holding Bivens action is unavailable against employee of private prison operator)
In re Sergio Garcia on Admission, 58 Cal. 4th 440 (2014) (amicus brief on behalf of 70 law professors; holding that undocumented immigrant who satisfied requirements for practicing law may be admitted to state bar)
Colvis v. Binswanger, 96 Cal.App.5th 393 (2023) (holding that Probate Code permitted interested third parties to appear and be heard in truist administration proceedings)
Vigil v. Muir Medical Group IPA, 84 Cal.App.5th (2022) (holding that CMIA requires unauthorized viewing of confidential patient information)
Goncharov v. Uber Technologies, Inc., 19 Cal.App.4th 1157 (2018) (holding that class action interfered with CPUC’s exercise of regulatory authority)
Hawkins v. San Trust Bank 246 Cal.App.4th 1387 (2016) (holding that judgment in out-of-state foreclosure action was res judicata on similar California action)
David v. Medtronic, Inc., 237 Cal.App.4th 734 (2015) (holding that plaintiffs may not defeat forum non conveniens dismissal by naming additional nominal defendant who was not subject to jurisdiction in alternative forum)
Metcalf v. CFA/NW Mortgage Professionals, 178 Wash. App. 1006 (Wash. Ct. App. 2013) (affirming order granting relief from default judgment)
In re Nordeen, 495 B.R. 468 (9th Cir. B.A.P. 2013) (affirming dismissal of debtors’ complaint challenging deed of trust)
Disability Advocates, Inc. v. N.Y. Coalition for Quality Assisted Living, 675 F.3d 149 (2d Cir. 2012) (amicus brief; vacating order directing governor and state agencies to modify state’s mental health system)
Moffitt v. Residential Funding Co. LLC, 604 F.3d 156 (4th Cir. 2010) (addressing removal and jurisdictional issues under Class Action Fairness Act)
Chacon v. Litke, 181 Cal. App. 4th 1234 (2009) (affirming seven-figure wrongful eviction judgment and attorney fee award in tenant’s favor under municipal rent control ordinance)
Associates First Capital v. Crabill, 51 A.D.3d 1186, 857 N.Y.S.2d 799 (2008) (affirming summary judgment in favor of lender on cross complaint alleging statutory, contractual, and tort claims)
Padilla v, City of McFarland, No. F082320 (Cal. Ct. App. 2022) (affirming dismissal of complaint alleging Brown Act violations during COVID-19 pandemic)
Cerdas v. Garland, No. 19-72816 (unpublished, 9th Cir 2022) (reversing BIA affirmance of removal order, with instructions to reconsider administrative appeal with numerous elements decided in applicant favor)
IV Solutions, Inc. v. Empire Healthchoice Assurance, Inc., No. 2056132 (unpublished, 9th Cir. 2021) (affirming dismissal of breach of insurance contract action on statute of limitations grounds)
Brand Tarzana v. Blue Cross Blue Shield, 833 F. App’x 714 (9th Cir. 2021) (affirming dismissal of action to recover ERISA plan benefits for failure to state a claim)
Jogani v. Jogani, No. B285936 (unpublished, Cal. Ct. App. 2019) (reversing dismissal of lawsuit for failure to prosecute, in dispute over billion-dollar real estate portfolio)
Kline v. Zimmer, Inc., No. B269317 (unpublished, Cal. Ct. App. 2018) (affirming in part and reversing in part rulings on post-trial motions following $9.1 million jury verdict)
Albert v. Reed Smith LLP, No. G053449 (unpublished, Cal. Ct. App. 2018) (affirming dismissal of cross-complaint under anti-SLAPP statute)
Checker Cab v. Uber Technologies Inc., 689 Fed. Appx. 707 (3d Cir. 2017) (affirming dismissal of class action alleging unfair competition)
Estate of Mapes, No. A136086 (unpublished, Cal. Ct. App. 2014) (affirming denial of petition to vacate arbitration awards based on inadequate arbitrator disclosures)
Aqua Creations USA Inc. v. Hilton Worldwide Inc., No. 11-1798 (2d Cir. 2012) (affirming dismissal of complaint for copyright infringement)
Radford v. BAE Systems San Francisco Ship Repair Inc., No. A132254 (unpublished Cal. Ct. App. 2012) (affirming grant of new trial following multi-million dollar jury verdict and punitive damages award in employment discrimination case)
Taasan v. Family Lending Servs., Inc., No. A132339 (unpublished, Cal. Ct. App. 2012) (affirming dismissal of complaint against lender alleging wrongful foreclosure and various statutory violations)
Haskell Corp. v. ConocoPhillips Co., No. 124446 (unpublished, Cal. Ct. App. 2012) (affirming favorable judgment in $25 million breach of contract action)
Scelta v. Boehringer Ingelheim Pharm. et al., No. 09-3415 (per curiam, 8th Cir. 2010) (affirming summary judgment in favor of pharmaceutical manufacturer on failure to warn claims)
In re K.A., (case number withheld) (December 10, 2010) (obtaining reversal of deportation order based on ineffective assistance of counsel; asylum granted upon re-trial of claim)
Wolf v. World Savings, No. H033127 (unpublished, Cal. Ct. App. 2009) (affirming judgment against plaintiffs in case alleging unauthorized transfers from plaintiffs’ account)
Marin v. ANG Newspapers, No. A111597 (unpublished, Cal. Ct. App. 2007) (affirming order denying class certification in unfair competition and consumer fraud action challenging newspaper's "Best Of" contest)
Poon v. Poon, Nos. A113528 & A113658 (unpublished, Cal. Ct. App. 2007) (affirming $6.4 million judgment following bifurcated trial on undue influence and shareholder derivative claims; affirming $600,000 attorney fee award on based on common fund doctrine)
Sawyers v. Regents of The University of California, No. A115221 (unpublished, Cal. Ct. App. 2007) (argued case affirming summary judgment in employment discrimination action)
Global Med Technologies, Inc. et al. v. Donnie Jackson, Nos. C484348, 49490 (unpublished, Cal. Ct. App. 2006) (reversing summary judgment on trade secret misappropriation and related claims and reversal of $670,000 attorney fee award with directions to grant client a new trial on claims that former employee misappropriated confidential information)
Miottel v. North American Title Co. et al., No. A108192, (unpublished, Cal. Ct. App. 2005) (affirming dismissal judgment for lessors in commercial property dispute)
O’Neill v. St. Jude Medical, No. C8-04-1261 (unpublished, Minn. D. Ct. 2008) (denying certification of putative class of non-U.S. heart valve recipients alleging claims under European and Minnesota law)
Recognitions
- Certified Specialist in Appellate Law by The State Bar of California Board of Specialization
- Selected to the Northern California Super Lawyers list for Appellate, 2016-2019, 2021
- Sean Halpin Award for Pro Bono, Honrable Mention, 2022
Credentials
Education
Education
- Loyola Law School, 1998, J.D., Loyola Law Review, Staff and Articles Editor, 1996 - 1998
- Loyola Marymount University, 1993, B.A., History
Professional admissions & qualifications
Professional admissions & qualifications
- California
Court admissions
Court admissions
- U.S. Supreme Court
- All Federal Courts - California
- All State Courts - California
- U.S. Court of Appeals - Second Circuit
- U.S. Court of Appeals - Third Circuit
- U.S. Court of Appeals - Fourth Circuit
- U.S. Court of Appeals - Fifth Circuit
- U.S. Court of Appeals - Eighth Circuit
- U.S. Court of Appeals - Ninth Circuit
- U.S. Court of Appeals - Tenth Circuit
- U.S. Court of Appeals - Eleventh Circuit
Professional affiliations
Professional affiliations
- California Lawyers’ Association Committee on Appellate Courts, Member
- Bar Association of San Francisco, Appellate Practice Section, Past Chair and Former Executive Committee Member
- Defense Research Institute (DRI), Appellate Section
- Asian American Bar Association of the Greater Bay Area
- Filipino Bar Association of Northern California