David M. Axelrad

Partner

Los Angeles

daxelrad@horvitzlevy.com 818.995.0800

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David Axelrad advises clients, including numerous Fortune 500 companies, with the benefit of over 40 years specializing in civil appeals.

He regularly counsels clients on toxic tort and personal injury cases, and guides clients through the process of preserving the record in the trial court, attacking judgments in the trial court through post trial motions, staying enforcement of judgments, and perfecting an appeal. David is also a leader in providing value added briefings and educational seminars to clients on a wide variety of topics, and writes extensively on topics related to the civil appellate process.

David is a partner at the firm, where he has practiced since 1982. He is a California State Bar Certified Appellate Specialist, and has handled hundreds of civil appeals in state and federal courts, including cases in the California Supreme Court. Prior to joining Horvitz & Levy, David was an Assistant to the Director of the Bureau of Consumer Protection, Federal Trade Commission in Washington, D.C. David also served as a Staff Attorney for the U.S. Court of Appeals for the Ninth Circuit. Mr. Axelrad has been an Adjunct Professor of Law at the University of La Verne College of Law and Loyola Law School in Los Angeles.

Representative Matters

Catalina Media Development, LLC v. Thyssenkrupp Elevator Corp. (2022)

California Court of Appeal affirms summary judgment for Horvitz & Levy’s client, holding indemnity agreement did not require client to pay other parties’ defense costs in underlying personal injury action.

Acoba v. Olivera Egg Ranch, LLC (2019)

Horvitz & Levy persuades Court of Appeal to affirm judgment following jury verdict for egg ranch in nuisance case

Napolitano Holdings v. Touchstone Climbing (2019)

Horvitz & Levy secures reversal of summary judgment in a commercial landlord’s breach of lease action

Hagan v. Torrance Memorial Medical Center (2019)

Horvitz & levy successfully defends judgment for hospital in medical malpractice action.

Menera v. Mega R.V. Corp. (2018)

Horvitz & Levy preserves defense verdict in products liability case.

Jabo v. YMCA of San Diego County (2018)

Court of Appeal upholds finding that YMCA owed no duty to use automated external defibrillator.

Simers v. Los Angeles Times Communications, LLC (2018)

Court of Appeal rejects constructive discharge claim.

Sheron Doll v. Mahin Ghaffari (2017)

California Court of Appeal affirms order denying attorney fees in landlord-tenant dispute.

Royal Alliance Associates, Inc. v. Mooney et al. (2017)

Ninth Circuit reverses order requiring securities broker/dealer to submit to FINRA arbitration

Lockheed Litigation Cases (2017)

California Court of Appeal rules again for the defense in long-running toxic tort litigation

Sarkisyan v. Newport Insurance Company (2017)

Court of Appeal affirms denial of class certification in favor of insurance company based on plaintiff’s failure to prove existence of ascertainable class and sufficient community of interest

Licudine v. Cedars-Sinai Medical Center (2016)

California Court of Appeal publishes helpful opinion on “lost earning capacity” damages

Ludwig v. Hacienda Paraiso (2016)

California Court of Appeal reverses $10 million judgment against H&L client

Park v. Mobil Oil Guam, Inc. (2004)

Supreme Court of Guam affirmed reduction of punitive damages award against Mobil Oil

Murat v. Exxon Mobil Corp. (2015)

California Court of Appeal affirms summary judgment in asbestos exposure case.

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (2015)

California Supreme Court permits insurers to seek reimbursement directly from Cumis counsel for objectively unreasonable billings.

Lockheed Litigation Cases (Group 9) (2015)

California Court of Appeal affirms summary judgment in long-running toxic tort case.

Judicial Council Coordinated Proceedings 4435 TCP Cases (City of Redlands v. Shell Oil Co.) (2014)

California Court of Appeal affirms defense verdict for Shell Oil Company in case alleging groundwater contamination.

Haggis v. Yari (2014)

California Court of Appeal reverses $12 million judgment in dispute over film profits, finding no substantial evidence to support trial court’s alter ego finding.

Lawrence v. J.R. Enterprises, L.P. (2013)

California Court of Appeal upholds validity of 99 year lease for commercial property.

Jankey v. Lee (2012)

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

Seabright Insurance Company v. US Airways, Inc. (2011)

California Supreme Court limits recovery by contractors’ employees for injuries arising from alleged violations of Cal-OSHA regulations.

Huitt v. Southern California Gas Company (2010)

California Court of Appeal reverses $12.6 million judgment, including $10 million in punitive damages, and directs entry of judgment for defendant in failure-to-warn case.

Molina v. Shell Oil Co. (2010)

California Court of Appeal affirms defense verdict in product defect action against chemical manufacturers, rejecting plaintiffs' attempt to use jury instructions developed for asbestos litigation.

Koszdin v. State Comp. Ins. Fund. (2010)

California Court of Appeal rejects class action against employers and workers compensation insurers.

Tverberg v. Filner Construction, Inc. (2010)

California Supreme Court limits scope of hirer liability to self-employed contractors.

Kirk v. First American Title Insurance Company (2010)

California Court of Appeal issues opinion approving the use of ethical screens to avoid vicarious law firm disqualification.

Christoff v. Nestlé USA, Inc. (2009)

California Supreme Court applies single-publication rule to unauthorized commercial use of likeness in right of publicity case, eliminating our client’s exposure to more than $10 million in damages.

Dee v. PCS Property Management (2009)

California Court of Appeal affirms exclusion of expert testimony under California Evidence Code in a residential mold case.

Holdgrafer v. Unocal Corp. (2008)

California Court of Appeal reverses $5 million punitive damages award against Unocal in soil contamination case.

Kibler v. Northern Inyo County Local Hosp. Dist. (2006)

California Supreme Court holds that hospital peer review process is subject to an anti-SLAPP motion.

Kinsman v. Unocal Corp. (2005)

California Supreme Court limits landowners’ liability to contractors’ employees.

Credentials

Education

University of California College of the Law, San Francisco (formerly Hastings)
J.D., 1977
Stanford University
B.A., with distinction, 1972

Clerkships

Staff Attorney, U.S. Court of Appeals, Ninth Circuit (1977-1978)

Bar Admissions

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

Professional Associations

American Academy of Appellate Lawyers, Fellow
Association of Southern California Defense Counsel
California Academy of Appellate Lawyers, Member
Chancery Club
DRI, Board of Directors (2016-2019), Chair, Amicus Committee (2014-2016)
Los Angeles County Bar Association
California State Bar, Commission on Judicial Nominees Evaluation (2014-2017)
Association of Business Trial Lawyers, Board of Governors – Los Angeles (2012-2015)

Awards

Top rankings from Chambers & Partners USA both in California and nationally
Best Lawyers (2006-2023)
Super Lawyers (2004-2025)
Top Ten Southern California Super Lawyers in 2015
California Lawyer Attorney of the Year (CLAY) Award (2011) for his work in the field of Legal Ethics
“AV Preeminent” rated by Martindale Hubbell

Publications

Retroactivity of appellate court decisions: The truth is out there (August 09, 2023) Daily Journal
When is a partial appeal bond sufficient? (March 20, 2023) Daily Journal
Shorter is better (February 15, 2023) Daily Journal
Contours of safe harbor defense continue to shift (July 22, 2022) Daily Journal
Appellate Review of the Failure to Exercise Discretion (April 21, 2022) Daily Journal
The ‘Advisory Opinion’ Doctrine of Our Appellate Courts (March 15, 2022) Daily Journal
Newly Discovered Evidence on Appeal: The Writ of Error Coram Vobis (Feb. 3, 2022) Daily Journal
The Effect of Reversal on Appeal (Nov. 19, 2021) Daily Journal
Judicial Notice (Sep. 20, 2021) Daily Journal
The Limits of the Appellate Process and Effective Storytelling (May 12, 2021) Daily Journal
The Importance of Judicial Economy (May 7, 2021) Daily Journal
Errors Relating to the Presence of a Jury (March 8, 2021) Daily Journal
The Disappearing “Ink” Signature (Fall 2020) ABTL Report
Staying Power 2.0 (July/August 2020) Los Angeles Lawyer
Post-Trial Motions Can Be Key To California Appeals (Dec. 7, 2016) Law360
The Supreme Court Vacancy And An Equally Divided Court (Oct. 21, 2016) Law360
The Defense Bar’s Voice in the U.S. Supreme Court (July 2016) For The Defense [DRI], p. 8
Appellate Counsel Can Have Key Role at Trial (Aug./Sept. 2015) Today’s General Counsel, Vol. 12, No. 4, p. 60
Calif. Fixes Timing Problem for Post-Trial Motions (Jan. 8, 2015) Law360
Briefing Between Brevity and Boredom (Aug. 29, 2014) Daily Journal., p. 1
Did You Know? Appealability Depends on the Legislature (Summer 2014) ABTL Report, Vol. XXXIV, No. 4, p. 8
From Secrecy to Disclosure (Aug. 5, 2013) The Recorder
Regulatory Risk Assessment and Tort Liability (Vol. 1, 2013) Verdict, p. 30
Counselor, Are You Reading Your Oral Argument? (Jan. 24, 2014) Daily Journal, p. 7
The Certification Process (July 9, 2012) The Recorder [online exclusive]
The Conflict Over Medicare’s ‘Full Reimbursement’ Rule (June & July 2012) Medical Malpractice Law & Strategy, Vol. 29, Nos. 9 & 10 [two-part article]
Sanchez v. Strickland and the Measure of Damages in California for Past Medical Expenses (Winter 2012) Legal Insights, p. 15
Limiting Windfall Damages (Feb. 2012) Medical Malpractice Law & Strategy, Vol. 29, No. 5, p. 1
Appellate Practice in Federal and State Courts (2011) Law Journal Press
The Supreme Court of California Rules on Santa Clara Contingency Fee Issue – Backpedals on Clancy (July 2011) IADC Defense Counsel Journal
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Oct. 2010) 2009 California Litigation Review
Suggestive Palma Notices (Nov. 2010) California Lawyer, 40
Annual Review (20th ed. Feb. 2010) [May take a few minutes to download; click Bookmarks to view table of contents]
A Conversation on the Appellate Process (Nov. 2009) 51 For the Defense 26
Staying Enforcement During Appeal (May 2009 Cont.Ed.Bar) Cal. Civil Appellate Practice, ch. 6
Tort Reform Damage Caps in California, and Beyond (Apr. 2009) Medical Malpractice Law & Strategy, Vol. 28, No. 7, p. 5
The Constitutionality of Tort Reform Damage Caps (Mar. 2009) Medical Malpractice Law & Strategy, Vol. 27, No. 6, p. 1
Staying Enforcement of A Money Judgment Pending Appeal: An Overview (Aug. 2008) IADC Appellate Practice Committee Newsletter
Lack of Informed Consent vs. Battery: Stepping In for the Defense (Apr. 2008) Medical Malpractice Law & Strategy, Vol. 25, No. 7, p. 1
Lack of Informed Consent vs. Battery: Keeping the Two Straight (Mar. 2008) Medical Malpractice Law & Strategy, Vol. 25, No. 6, p. 1
Pay Judges More (Jan. 14, 2008) Los Angeles Times
Increasing Pay for Federal Judges (Dec. 28, 2007) Lawdragon.com
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2008) 2007 California Litigation Review
Anti-SLAPP Statutes and Peer Review (Nov. 2006) Medical Malpractice Law & Strategy, Vo. 24, No. 2A, p. 7
Justices Will Give Guidance on Excluding Expert Testimony (Aug. 23, 2006) L.A. Daily J. p. 8
It’s About Time Federal Judges Got a Living Wage (July 31, 2006) L.A. Daily J., p. 8
The Abiding Appeal of the Concept of Legislative Due Process (April 2006) 29 Los Angeles Lawyer, p. 92
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, June 2007) 2006 California Litigation Review
Why California’s Anti-SLAPP Statute Should Apply to Peer Review (Nov. 2005) Medical Malpractice Law & Strategy, Vol. 23, No. 11, p. 1
New Standards for Expert Testimony (July 2005) California Lawyer
The Statutory Framework for Appeal Bonds (June 2005) Los Angeles Lawyer
The Appellate Process: Preserving A Case for Appeal (A.B.A. Torts & Ins. Prac. Sec., Appellate Advoc. Com., Chicago, Ill.) (Summer 2005) Vol. 7, No. 4
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2006) 2005 California Litigation Review
Problematic New Civil Jury Instructions (May 2004) California Lawyer, 20
CA Court Excludes Medical Expert Causation Testimony (Apr. 2004) Medical Malpractice Law & Strategy, Vol. 21, No. 6, p. 1
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Sept. 2005) 2004 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Nov. 2004) 2003 California Litigation Review
California’s “Little FTC Act”: Benefitting Consumers, or Lawyers? (Dec. 4, 1998) Wash. Legal Found. Legal Backgrounder, Vol. 13, No. 46
California Supreme Court Review (1988) Cal. Forms of Pleading and Practice, ch. 54
The Federal General Verdict Rule: Conflict in the Courts of Appeal (June 1996) The Federal Lawyer
Staying Power (Nov. 1995) Los Angeles Lawyer
Insurance Coverage for “Wilful Acts”: Clarifying Clemmer (Sept. 1991) L.A. Lawyer

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