Steven Fleischman

Partner

Los Angeles

sfleischman@horvitzlevy.com 818.995.0800

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Businesses, insurance companies and high net worth individuals seek Steven (Steve) Fleischman’s expertise in litigating commercial disputes and his substantive knowledge in professional liability, anti-SLAPP, insurance coverage, real estate, and the recovery of attorney fees.

Steve also has expertise in litigating the proper standards for the recovery of medical damages in personal injury cases under Howell v. Hamilton Meats & Provisions, Inc. (2011) and its progeny. Steve helps clients shape the law through the use of amicus briefs and, as co-chair of the Amicus Committee of the Association of Southern California Defense Counsel, he is responsible for supervising and overseeing the filing of dozens of amicus briefs and letters in California and federal courts.

He is especially proud of his work representing the prevailing party in Manufactured Home Comm. v. County of San Luis Obispo (2008), where the court wrote: “The Constitution protects everyone, the poor, the wealthy, the weak, the powerful, the guilty and the innocent” and his appellate advocacy has been complimented by appellate justices in a published opinion. He has been lead counsel in over 75 appeals and writ proceedings before the California Supreme Court, California Court of Appeal, and the Fifth, Ninth, and Tenth Circuit Courts of Appeals. Steve is a certified appellate specialist and member of the California Academy of Appellate Lawyers.

Steve is a partner at the firm. He has also authored dozens of amicus curiae filings in appellate proceedings, including amicus briefing on the merits before the California Supreme Court and the U.S. Supreme Court.

Representative Matters

Moir v. Ventura Locksmiths (2024)

Court of Appeal affirms modest judgment in personal injury action, rejecting plaintiff’s bid for a new trial.

Carolina Beverage Corp. v. FIJI Water (2024)

California Court of Appeal reverses $6 million award and holds that “constructive termination” of a commercial distribution contract is not a viable theory of recovery under California common law.

Howard v. Clark Construction (2024)

Horvitz & Levy persuades the Court of Appeal to dismiss appeal from attorney disqualification ruling.

Hinshaw v. Anaheim City Centre (2024)

Horvitz & Levy successfully defends summary judgment in a premises liability case.

Perez v. Galt Joint Union Elementary School District (2023)

Court of Appeal affirms defense judgment in favor of school district, holding that workers’ compensation provides exclusive remedy to volunteer injured at a spelling bee.

In re: John Kirkland v. USBC, Los Angeles (2023)

Ninth Circuit rules that a geographical limitation on subpoena powers applies to remote appearances.

Franklin v. Santa Barbara Cottage Hospital (2022)

Horvitz & Levy successfully defends summary judgment for hospital in medical malpractice action on actual and ostensible agency grounds.

Brown v. El Dorado Union High School District (2022)

California Court of Appeal affirms dismissal of football injury lawsuit against high school district, finding no evidence of gross negligence and clarifying summary judgment procedure.

Riskin v. Downtown LA Property Owners Association (2022)

California Court of Appeal reverses attorney fees award in California Public Records Act case.

Mallonee v. Toyota Motor Sales, U.S.A., Inc. (2022)

California Court of Appeal affirms order cutting attorney fees request by 85 percent in lemon law action.

Fishback v. FCA (2021)

Court of Appeal holds that trial court was not required to “show its work” when reducing or disallowing plaintiff’s attorney fees

Borja v. Saxton (2020)

California Court of Appeal affirms favorable judgment for defense in personal injury action, rejecting plaintiff’s new trial bid

Water Court, LLC v. Adams Wine Group, LLC et al. (2020)

Court of Appeal affirms judgment and attorney fees award totaling over $2.1 million in favor of Horvitz & Levy’s client in commercial real estate dispute

Hais v. Universal Protection Service LP (2018)

Horvitz & Levy successfully defends summary judgment in premises liability case.

Armstrong v. Kaplon (2017)

Ninth Circuit reaffirms that criminal restitution orders are not dischargeable in bankruptcy

Northrop Grumman Systems Corporation v. Goldentop Road, LLC (2016)

California Court of Appeal affirms ruling for Horvitz & Levy client in commercial real estate dispute

McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016)

Court of Appeal affirms ruling in favor of San Francisco law firm in probate dispute

Ironridge Global IV, Ltd. v. ScripsAmerica, Inc. (2015)

California Court of Appeal dismisses opposing party’s appeal under the disentitlement doctrine.

Cohen v. Sterling (2015)

Court of Appeal upholds order granting new trial following $17 million verdict arising out of apartment building fire.

Aghaian v. Minassian (2015)

California Court of Appeal reverses order granting forum non conveniens motion, holding that Iran is not a suitable alternative forum.

Intransit, Inc. v. Travelers Property & Casualty Co. (2014)

Ninth Circuit reverses judgment against insurer, finding that district court misapplied Oregon principles of policy interpretation.

Eisenhower Medical Center v. Superior Court (2014)

California Court of Appeal dismisses $500 million medical privacy claim against hospital.

Jay v. Mahaffey (2013)

California Court of Appeal affirms denial of anti-SLAPP motion in malicious prosecution case.

Hughes v. Libeu (2025)

California Court of Appeal affirms jury verdict finding defendant was not negligent in a vehicular accident case, rejecting plaintiff’s contention of jury misconduct.

Credentials

Education

Boston University School of Law
J.D., cum laude, 1993
University of California, Los Angeles
B.A., 1990

Clerkships

Hon. Charles F. Eick, U.S. District Court, Central District of California (1993-1994)
Hon. Robert Devich (Ret.), California Court of Appeal, Second District, Division One (1991) (Extern)

Bar Admissions

California
U.S. Supreme Court
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
United States District Courts for the Central, Southern, Northern and Eastern Districts of California

Professional Associations

Association of Southern California Defense Counsel, Amicus Committee (Co-Chair, 2007-present), Board Member (2019-present)
California Defense Counsel, Member at large, 2017-present
Association of Defense Counsel of Northern California and Nevada, Member, 2019-present
California Academy of Appellate Lawyers, Member
Association of Defense Trial Lawyers, 2020-present
DRI, Member, 2019-present
Association of Business Trial Lawyers, 2019-present
Los Angeles County Bar Association, Appellate Courts Section (2004-Present), Amicus Committee (2008-present), Professional Responsibility and Ethics Committee (2004-2014)
California State Bar, Business Law Section: Insurance Law Committee, Vice-Chair—Appeals (2014-2018)
California State Bar, California Paraprofessional Program Working Group, 2020-2022

Awards

Super Lawyers, Top 100 in Southern California (2016, 2020, 2021)
Super Lawyers (2009-2025)
Best Lawyers (2013-2024)
President’s Award, Association of Southern California Defense Counsel (2015, 2021)

Publications

Calif. High Court Ruling Has Lessons For Waiving Jury Trials (March. 28, 2024) Law360
Current California law on ostensible agency in the hospital setting (July. 05, 2023) Daily J., Top Health Care Lawyers, p. 18
Appealing in Good Faith (Winter 2020) Litigation [ABA], Vol. 46 No. 2, pp. 17-22
The Uncertain Future of Summary Judgment in California (Oct. 30, 2018) Law360
Reptile Dysfunction: An Appellate Court Disapproves of the Reptile Theory (Mar. 14, 2017) Trials and Tribulations [DRI], Vol. 23, No. 1 , pp. 3-5
California Legal Bills: Privileged Until They Aren’t? (Jan. 10, 2017) Law360
Recent Caselaw Affecting the Disentitlement Doctrine and Civil Appeals (April 2016) Los Angeles Lawyer, pp. 10-12
The Effect of Howell on Personal Injury Medical Cost Recovery (Oct. 2014) Los Angeles Lawyer, pp. 16-19
Howell Two Years Later: Strategies for Responding to Attempts to Circumvent a Landmark Decision (2014) Verdict, Vol. 1, pp. 19-22
Defeating “Settle and Sue” and “Lost Settlement Opportunity” Legal Malpractice Claims as a Matter of Law (Volume 3 2012) Verdict, pp. 23-27
The “Genuine Dispute” Doctrine in First-Party ”Bad Faith” Insurance Coverage Disputes Is Alive and Well (4th Quarter 2007) Verdict, pp. 13-15
Mediation v. Settlement Conference: The Need For Judicial Clarification (1st Quarter 2007) Verdict, pp. 35-38
Defending “Settle and Sue” Legal Malpractice Actions, (Spring 2007) ABA National Legal Malpractice Conference
Note, “Dear Professor Lawrence, You Missed The School Bus; Brown v. Board of Education Supports Free Speech On Campus: A Reply” (1992) 72 B.U.L. Rev. 953
“Justice John Harlan’s Belated Triumph” (July 31, 1992) L.A. Daily J. (analysis of Planned Parenthood v. Casey)
Book Review, Louis Henkin, Constitutionalism, Democracy, and Foreign Affairs, (1990-1991) 24 Commentaries 23

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