Litigation Attorneys

From Weintraub’s inception and through its growth, litigation has been a foundational strength of the Firm and an important part of how we help our clients. Litigation is the Firm’s largest group with more than 40 litigation attorneys practicing across our five California locations, which allows us to provide both local knowledge and statewide resources. The Weintraub Litigation team is made up of tested and successful trial lawyers who vigorously defend their clients in local, state, and federal proceedings.

Our attorneys handle complex litigation for companies, privately-held and family businesses, and individuals across California and nationwide. Complex business litigation can involve highly specialized areas of dispute, and our litigators include attorneys experienced in employment, corporate, intellectual property, real estate, construction, public bid disputes, breach of contract, fraud, interference with contracts, anti-trust and unfair completion, false advertising, and trade secret litigation, among others.

The Weintraub Litigation practice group includes litigation attorneys with decades of trial experience representing clients doing business in a wide range of industries. Our representation extends beyond trial to all aspects of civil writs and appeals in both state and federal court. Our attorneys, including an Appellate Law Specialist certified by the California Board of Legal Specializations, have experience in writs, post-trial motions, interlocutory, and direct appeals.

We work with our clients to craft a legal strategy for the best possible outcome, and at times that strategy may be to pursue an alternative dispute resolution (ADR) mechanism. We represent clients in arbitrations and mediations as well as judicial review.

Our goal is to determine how each particular matter fits into our clients’ overall business plans. Our services are tailored to be efficient, practical, and creative. The ultimate objective is to reach an early resolution of the matter with the most cost-effective result.

Weintraub Attorneys Take Part in BASF Pathways to Partnership Series

On Tuesday, April 9th, Weintraub attorneys will participate in a panel from the Barristers’ Club of San Francisco Bar Association’s (BASF) Pathways to Partnership Series. Part 1 of 2, “Transitioning from Senior Associate to Junior Partner,” will focus the panel discussion on the journey from associate to junior partner and…

SCBA Probate & Estate Planning Section Boot Camp

Weintraub attorneys Carlena Tapella and Kelly Dankbar will be speaking on the topic of “Recovery of Attorneys’ Fees” at the 2019 Probate Litigation Boot Camp sponsored by the Sacramento County Bar Association. Event: 2019 Probate Litigation Boot CampWhen: Tuesday, September 17, 8:00 AM – 5:00 PMWhere: Sacramento County Bar Association,…

  • When: Sep 17, 2019

Advanced Business Contracts: Secrets Only the Top Attorneys Know

On Friday, August 23, Weintraub attorney Justin Borrowdale will speak at a National Business Institute (NBI) seminar titled Identify Concealed Risk and Strategically Negotiate Liability. NBI Program DescriptionGo beyond the “nuts and bolts” and explore business contracts at an advanced level. Our skilled attorney faculty will demonstrate how to take…

  • When: Aug 23, 2019

Brendan Begley Presents at Employment Litigation 2019

Brendan Begley will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City. Highlights include Sexual Harassment and Retaliation, Wage and Hour, PAGA, New California Rules of Professional Conduct (eff.…

  • When: Feb 23, 2019

Josiah Prendergast Selected to Leadership Sacramento Class of 2024

Weintraub Tobin congratulates attorney Josiah Prendergast for being selected to participate in the Leadership Sacramento Class of 2024. Josiah is a senior attorney at Weintraub Tobin, in the business litigation practice group. He focuses on corporate governance and litigating internal disputes between business owners, as well as breach of contract,…

Jacqueline Simonovich Named to San Francisco Business Times 40 Under 40

Weintraub Tobin is pleased to announce that Jacqueline M. Simonovich has been named a 40 Under 40 honoree by the San Francisco Business Times.  Each year the publication recognizes outstanding young professionals, CEOs, entrepreneurs, and executives who are making a difference in the local business community. An attorney in Weintraub’s…

Gary Waldron Named to 2024 Southern California Super Lawyers

Weintraub Tobin is pleased to announce that Gary A. Waldron has been selected to the 2024 Southern California Super Lawyers© list. Each year, no more than five percent of lawyers in the state are selected to receive this honor by the research team at Super Lawyers. Gary Waldron is Of…

Weintraub Supports Barristers Club Diversity Conference 2023

Weintraub was proud to support the 2023 Barristers Club Diversity Conference, “Defending Diversity!” The two-day event was presented by the Bar Association of San Francisco’s Barristers Club Diversity and Inclusion Committee and aimed to deepen awareness around racial equity and inclusion efforts within the legal industry.  Weintraub attorney Jacqueline M.…

Weintraub Tobin Welcomes Alexa K. Horner

Weintraub Tobin is pleased to welcome Alexa K. Horner as an associate in the Firm’s Litigation practice group, where she supports clients through litigation, including employment-related and tort claims.   

Ninth Circuit Holds that Non-Individual PAGA Claims Cannot be Compelled to Arbitration Even When the Agreement Only Waives Class or Collective Actions

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc.  In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer.  The district court compelled both Plaintiff’s individual and non-individual PAGA claims to arbitration, reasoning that the arbitration agreement’s broad…

Jacqueline M. Simonovich for The Daily Journal: California’s New Civility MCLE Requirement Should Focus on Bias-Driven Incivility

In a January 31st article for The Daily Journal, Weintraub attorney Jacqueline M. Simonovich writes about California’s new civility MCLE requirement. While civility training can focus on the “link between civility and bias,” it can also focus on broader forms of incivility. Jacqueline suggests that education on bias-based incivility should…

California Supreme Court Rules That There Is No Right to a Jury Trial for Claims Brought Under California’s Unfair Competition Law and False Advertising Law

As the State of California looks to plug a massive hole in its budget, the regulated community can expect agencies with the authority to generate revenue by imposing civil penalties to become even more active. Those sued for the first time by agencies seeking to recover civil penalties sometimes assume…

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, no technical knockout, just a scorecard victory for Mayweather. Leading up to the…

An Inadequate Privilege Log, Or Even The Failure To Serve A Privilege Log, Will Not Result In The Waiver Of Privilege And Protection Based Objections Timely Asserted In Discovery Responses

In Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, the California Court of Appeal (Fourth District, Division Three), squarely addressed the question: “May a trial court find a waiver of the attorney-client privilege and work product doctrine when the objecting party submits an inadequate privilege log that…

California Supreme Court Holds that Payroll Services Provider ADP Cannot Be Sued for Breach of Contract, Negligence, and Negligent Misrepresentation by a Former Employee Seeking Unpaid Wages

Can an employee sue the employer’s payroll service for failure to correctly process and report payroll?  According to the California Supreme Court recent decision in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817, the answer is no. In examining the claim, the Court held that when an employer hires a…