David S. Ettinger

Of Counsel

Los Angeles

dettinger@horvitzlevy.com 818.995.0800

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David Ettinger has briefed and argued many notable appeals, including more than a dozen arguments before the California Supreme Court. He is considered by many in the industry as a scholar in appellate justice and leverages his keen insights to support clients’ immediate and long-term challenges in the appellate courts.

After many years as a partner, David is currently of counsel at the firm, which he joined in 1982. He has been published in a variety of legal publications, including several articles on hospital peer review committee confidentiality. David served two terms on the Appellate Advisory Committee for the Judicial Council of California, to which he was appointed by Chief Justice Ronald George. Also, at the invitation of Justice Joyce Kennard, he was a member of the Appellate Rules Revision Project Task Force, which spearheaded the first comprehensive revision of the California Rules of Court on appeals in almost 60 years. He is the primary writer for At the Lectern, the firm’s blog covering the California Supreme Court.

David was the 2025 inductee into the California Lawyers Association’s Appellate Lawyer Hall of Fame. He is a former president of the California Academy of Appellate Lawyers and has served as a lecturer in the Appellate Litigation Clinic at the University of California, Irvine School of Law.

Representative Matters

Guardianship of Saul H. (2022)

California Supreme Court reverses Court of Appeal, holding Horvitz & Levy's client is entitled to state court findings allowing him to apply to the federal government for Special Immigrant Juvenile status.

Duket v. Fremont Rideout Health Group (2019)

Court of Appeal affirms judgment for defendant in wrongful death/Elder Abuse Act case

Lovewell v. Stanford Federal Credit Union & Joan Opp (2019)

Court of Appeal affirms summary judgment for credit union & CEO against wrongful termination claims.

Dhillon v. John Muir Health (2018)

California Court of Appeal reverses order requiring formal peer review of hospital medical staff's discipline of physician.

Nance v. Miser (2017)

Ninth Circuit reverses dismissal of Muslim prisoner's religious liberty claims

Dhillon v. John Muir Health (2017)

California Supreme Court resolves important administrative law issue, reversing dismissal of hospital’s appeal in staff privileges case

Ortiz v. WMC-A, Inc. (2017)

California Court of Appeal affirms judgment in favor of hospital in spinal-injury case

Markow v. Rosner (2016)

California Court of Appeal reverses judgment against hospital

Santos M. v. Superior Court of Los Angeles County (2016)

California Court of Appeal rules for H&L pro bono clients in family law dispute over eligibility for immigration relief

Transbay Auto Service, Inc. v. Chevron USA, Inc. (2015)

Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.

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.

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

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

Donaho v. County of Yuba (2015)

California Court of Appeal rules that public entity is not liable for placement of bus stop near freeway.

Burdick v. Superior Court (Sanderson) (2015)

California Court of Appeal holds that out-of-state resident’s Facebook post about California resident does not necessarily create personal jurisdiction in California.

Monroe v. Yurosek Farms LLC (2014)

California Court of Appeal holds that recreational use immunity applies to licensees as well as landowners.

R.R. v. H.F. (2014)

California Court of Appeal orders trial court to enforce mother's rights to legal custody and reconsider her request for greater visitation with her now six-year-old child.

Mercado v. Doctors Medical Center of Modesto, Inc. (2013)

California Court of Appeal reverses order denying employer’s motion to compel arbitration.

El-Attar v. Hollywood Presbyterian Medical Center (2013)

California Supreme Court unanimously reverses Court of Appeal regarding hospital procedures for reviewing adverse action on doctor’s application for staff privileges.

S. R. v. Superior Court (2013)

Superior court grants domestic violence victim’s request for a waiver of court fees after Court of Appeal issues alternative writ of mandate.

Tamas v. T.L. Pavlich Construction, Inc. (2013)

California Court of Appeal holds that jurors did not commit misconduct by using toy cars during deliberations to visualize auto accident.

Corenbaum v. Lampkin (2013)

California Court of Appeal holds that evidence of “billed” but unpaid medical expenses is not admissible to prove future medical damages or noneconomic damages.

Finley v. Club One, Inc. (2012)

Court of Appeal holds health club member’s personal injury lawsuit is barred by liability waiver in membership agreement.

Attitudes Hair & Nail Salon v. Superior Court (2011)

California Court of Appeal issues peremptory writ reversing denial of summary judgment in case involving Unruh Act and Disabled Persons Act.

State Farm v. Lee (2011)

California Court of Appeal affirms order granting motion to strike cross-complaint for abuse of process.

Silverbrand v. County of Los Angeles (2009)

California Supreme Court extends “prison delivery rule” to notices of appeal in civil cases.

Credentials

Education

Loyola Law School of Los Angeles
J.D., cum laude, 1980
Franklin & Marshall College
B.A., with departmental honors, 1977

Clerkships

Justice and Presiding Justice Margaret J. Morris, California Court of Appeal, Fourth Appellate District, Division Two (1980-1982)

Bar Admissions

California
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Ninth Circuit

Professional Associations

California Academy of Appellate Lawyers President (2011-2012), First Vice-President (2010-2011), Second Vice-President (2009-2010), Secretary-Treasurer (2008-2009)
The Harriett Buhai Center for Family Law, Board of Directors (1997-2021); Vice President Program Services (2002-2008)
California Supreme Court Historical Society, Board of Directors (2014 – present)
Appellate Rules Revision Project Task Force, Member (1998–2004)
Appellate Advisory Committee for the Judicial Council of California, appointed (1998) and reappointed (2001) by Chief Justice George (1998-2004)
Los Angeles County Bar Association, Appellate Courts Committee (Vice-Chair, 1993-1995; Chair, 1995-1997), State Appellate Judicial Evaluation Committee, (Chair, 1994-1995)
Women Lawyers Association of Los Angeles
Ventura County Bar Association
Democratic National Convention, elected as delegate from California’s 24th Congressional District (2004)

Awards

Appellate Lawyer Hall of Fame by the California Lawyers Association (2025)
CLAY award (California Lawyer Attorney of the Year) by Daily Journal (2023)
Top Verdicts by Daily Jounral (2022)
The Best Lawyers in America by “Best Lawyer” (2022-2023)
“AV Preeminent” rated by Martindale-Hubbell
Super Lawyers (2011-2025)
Pamela E. Dunn Appellate Justice Award, Los Angeles County Bar Association (2012)
Harriett Buhai Center for Family Law Community Service Award (2010)
Angel Award, California Lawyer magazine (2007)

Publications

“Because of Blood Differences Alone”: Challenging the Segregation of Native American Students in California (Fall/Winter 2024) California Supreme Court Historical Society Review, p. 9.
Celebrating the Centennial of a Civil Rights Victory (May 30, 2024) Daily J.
When Chief Justice Gibson Joined Hollywood Stars to Testify at a Movie Mogul’s Tax Evasion Trial (Spring/Summer 2020) California Supreme Court Historical Society Review, p. 12.
Thirty Years After a Hundred-Year Flood: CCHS Presents Judicial Elections Program at State Bar Annual Meeting(Fall/Winter 2016) California Supreme Court Historical Society Newsletter
Recent Caselaw Affecting the Disentitlement Doctrine and Civil Appeals (Apr. 2016) Los Angeles Lawyer, pp. 10-12
Pending Decision May Influence Measure of Medical Damages (Nov. 2010) Med. Malpractice Law & Strategy, Vol. 28, No. 2, p. 1
The Fate of The Collateral Source Rule (Oct. 18, 2010) Daily J., p. 5
A Leader in the Fight Against School Segregation (July 8, 2010) Daily J., p. 6
Tort Reform Damage Caps in California, and Beyond (Apr. 2009) Med. Malpractice Law & Strategy, Vol. 28, No. 7, p. 5
The Constitutionality of Tort Reform Damage Caps (Mar. 2009) Med. Malpractice Law & Strategy, Vol. 27, No. 6, p. 1
New Year, New Rules (Dec. 28, 2007) L.A. Daily J.
The Quest to Desegregate Los Angeles Schools (Mar. 2003) 26 Los Angeles Lawyer 54
The Alliance for Children’s Rights vs. The Los Angeles County Department of Children and Family Services (2002) 1 Whittier Journal of Child and Family Advocacy 62
New Batch; First Group of Revised Rules Took Effect Jan. 1 (Jan. 30, 2002) Los Angeles Daily Journal, p. 7
Guarding Hospital Committee Members’ Identities (Mar. 1993) Med. Malpractice Law & Strategy 3
Are Applications for Staff Privileges Discoverable? (Oct. 1992) Med. Malpractice Law & Strategy 1
Discovery Immunities for Hospital Staff Review Committees: Is There Protection for Information Submitted to, as Well as Documents Prepared by, the Committees? (Fall 1992) Prof. Officers’ and Directors’ Liability Law Newsl. 17
The History of School Desegregation in the Ninth Circuit (1979) 12 Loy. L.A. L. Rev. 481

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