Josiah M. Prendergast



Josiah is an associate at Weintraub Tobin, based in the firm’s Sacramento office. He primarily works with the business litigation practice group.

Josiah earned his J.D. from the Santa Clara University School of Law, where he graduated with honors, cum laude, and was inducted into the Order of the Coif. During law school, Josiah also received outstanding student awards in seven courses and gained substantive experience working in the Civil Division of the U.S. Attorney’s Office, the Antitrust Division of the U.S. Department of Justice, and Region 20 of the National Labor Relations Board. Josiah earned his undergraduate degree from U.C. Berkeley. In between undergraduate and law school, he spent several years in the U.S. House of Representatives.

Prior to joining the firm, Josiah was an associate at the firm Wanger Jones Helsley PC, where he litigated extensively alongside retired 20-year U.S. District Judge Oliver W. Wanger. Josiah has represented and counseled clients in a wide range of litigation matters, including fraud, commercial disparagement, and unfair competition claims.

Outside of the office, Josiah enjoys cooking, running marathons, and baseball. He hopes to appear someday on Wait Wait… Don’t Tell Me!, NPR’s weekly news quiz program.

State Bar of California, Litigation Section, Member

State Bar of California, Antitrust, UCL, & Privacy Section, Member

Federal Bar Association, Member

American Bar Association, Member

Northern California Super Lawyers – Rising Star, 2018-2020

J.D. Santa Clara University School of Law, cum laude, 2013
Order of the Coif

B.A., University of California, Berkeley, 2008

36 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 36 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

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31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

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37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

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Litigation Update: North Carolina Court Finds Insurers Liable Under Business Interruption Policies for COVID Losses Resulting from Shutdown Orders

In our last update, we highlighted a recent case out of the US District Court of Missouri (Studio 417) in which the court issued a preliminary ruling that allowed a group of policyholders to proceed with claims against their insurers based on allegations that the insurers wrongfully denied claims due to losses sustained as a result of the COVID-19 health crisis under business interruption insurance policies. 

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Recent Federal Decision Regarding Business Interruption Insurance Could Mark a Turning Point for COVID-Affected Businesses (Updated 9/29/2020)

Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy replaces some or all of a business’s income when the business is forced to curtail or cease its operations as the result of a disaster.

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Boxing Fans Knocked Out Twice: Ninth Circuit Affirms Dismissal of Class Action Alleging Fraud in Pacquiao-Mayweather Fight

In 2015, world-renowned boxers Manny Pacquiao and Floyd Mayweather, Jr. faced off in what was promoted as the “Fight of the Century.” After twelve largely uneventful rounds, the fighters and fans walked away without much fanfare—no knockout,

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Losing Twice at Trial: Denying Requests for Admission Can Come Back to Bite You

Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by phone or in-person.) Litigants often find themselves tempted to use discovery as a bludgeon against their opponent,

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Call it what you want. Just don’t call it copyright infringement.

A demand letter is a formal way of telling someone, “now we got bad blood.”  Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger. 

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First District Court of Appeal strikes small, but meaningful, victory for businesses combatting online libel.

Just last week, California’s First District Court of Appeal handed a small, but meaningful, victory to businesses that resort to litigation to defend their reputations against anonymous, online attacks.  In ZL Technologies,

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California Supreme Court adds to line of cases narrowly applying the right to recover attorneys’ fees under Civil Code section 1717.

Despite increasing sophistication amongst contracting parties and evermore common use of attorney fee clauses, the “American Rule” endures.  The American Rule is that each side pays its own attorney fees in litigation,

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