Andrea M. Gauthier

Of Counsel

Los Angeles

agauthier@horvitzlevy.com 818.995.0800

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Clients rely on Andrea Gauthier’s appellate experience regarding a wide range of substantive law issues, including insurance bad faith and products liability.

She has argued before the California Supreme Court and has filed Supreme Court briefs resulting in successful outcomes, including an opinion confirming federal preemption of state tort theories (Carrillo v. ACF Industries, Inc. (1999) 20 Cal.4th 1158) and an opinion overturning a $28 million bad faith punitive damages verdict against a surety (Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28).

Andrea has focused her practice on appellate litigation at Horvitz & Levy since she joined the firm in 1994. Prior to joining the firm, Andrea was a Litigation Associate with Munger, Tolles & Olson and held a judicial clerkship with the Honorable A. Wallace Tashima of the United States District Court, Central District of California.

Representative Matters

A.L. v. Harbor Developmental Disabilities Foundation (2024)

California Court of Appeal limits the duties owed by regional centers for the developmentally disabled.

Fyfe v. CCAPP (2023)

California Court of Appeal holds that a nonprofit organization did not violate the common law right to fair procedure when it suspended an individual’s alcohol and drug counselor certification.

Estate of Lamerle Johnson, Sr. v. Mayacamas Holdings LLC (2021)

California Court of Appeal affirms summary judgment for resort operator and property owners in a wrongful/death survival action arising out of a tragic canoe accident.

Eisen v. Tavangarian (2019)

California Court of Appeal disagrees with prior decision from the same division, reversing judgment requiring partial demolition of remodeled home

Ray v. Kapiolani Medical Specialists (2011)

Supreme Court of Hawai`i overturns $4,250,000 judgment against physician group for negligent treatment and informed consent.

Jankey v. Lee (2012)

California Supreme Court holds that prevailing defendant in disability access action is entitled to mandatory award of attorney fees.

Logix v. Faherty (2010)

California Court of Appeal reverses $40 million judgment in dispute over satellite television royalties.

Omega S.A. v. Costco Wholesale Corp. (2008)

Ninth Circuit holds that “first sale doctrine” does not provide a defense to an infringement action involving foreign-made, nonpiratical copies of a copyrighted work.

Credentials

Education

J.D., magna cum laude, 1990
Harvard College
A.B., summa cum laude, 1987

Clerkships

Hon. A. Wallace Tashima, U.S. District Court, Central District of California (1990-1991)

Bar Admissions

California
Hawaii
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, Eastern District of California
U.S. District Court, Central District of California

Awards

Super Lawyers (2012-2018)

Publications

Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2006) 2005 California Litigation Review

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