Mark A. Kressel

Partner

Los Angeles

mkressel@horvitzlevy.com 818.995.0800

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Mark Kressel helps clients by first understanding their business needs and goals and how litigation can play a part in solving their problems, whether by winning on appeal, developing a multi-forum litigation or settlement strategy, or identifying vehicles to change the legal landscape.

Major studios and government entities rely on Mark Kressel for his extensive multi-forum strategy and appellate advocacy capabilities. He has handled appellate matters in a wide range of areas, including the California Environmental Quality Act (CEQA), the anti-SLAPP statute, the First Amendment, punitive damages, elder abuse, wrongful death and catastrophic injury, general business litigation, premises liability, and patent infringement litigation.

Mark joined the firm as an associate and was invited to join the partnership in 2018. Before joining the firm, Mark was a litigation associate with Irell & Manella LLP. In addition to his bar admissions, he has practiced before the U.S. International Trade Commission.

In 2021-2022, Mark was the Chair of the ABA’s Council of Appellate Lawyers. In 2021-2022, he was Vice President of the Los Angeles County Bar Association, and in 2013-2014 he was the President of the Barristers Section of the Los Angeles County Bar Association. He was formerly co-director of the Pepperdine Caruso School of Law’s Ninth Circuit Appellate Advocacy Clinic from 2016 to 2022, and is active in diversity and inclusion organizations including the LGBTQ+ Bar Association of Los Angeles and the Leadership Council on Legal Diversity.

Prior to law school, Mark worked as a Broadway musician.

Representative Matters

Sandoval v. Pali Institute (2025)

California Court of Appeal holds that discussing gender inclusivity and pronoun usage in an educational setting is protected free speech that cannot support tort liability.

Ward v. Billinglsey (2025)

California Court of Appeal affirms defense judgment after plaintiff claims discrimination in jury selection.

Collins v. Diamond Generating Corporation (2024)

California Court of Appeal reverses $104 million wrongful death judgment based on trial court’s refusal to instruct jury on the Privette doctrine.

Turrieta v. Lyft, Inc. (2024)

California Supreme Court holds that plaintiffs cannot intervene in overlapping PAGA cases to challenge settlements based on their status as the State’s deputized private attorneys general.

Always Smiling Productions, LLC v. Chubb National Insurance Company (2024)

Ninth Circuit affirms judgment for insurer in $35 million COVID-19 business interruption coverage dispute concerning production of the Apple TV+ series The Morning Show.

Boermeester v. Carry (II) (2024)

California Court of Appeal holds that private universities disciplining students for sexual assault or intimate partner violence may employ an investigatory model in which the same university official acts as investigator and factfinder.

Oroville Hospital v. Superior Court (Ambrose) (II) (2024)

Horvitz & Levy obtained interlocutory relief for the second time in the same case, persuading the Court of Appeal that a plaintiff’s claim for punitive damages against a healthcare provider was untimely.

Perez v. Oakdale Irrigation District (2023)

California Court of Appeal affirms summary judgment in a published opinion preserving “canal immunity” for public entities in a wrongful death action.

Boermeester v. Carry (2023)

California Supreme Court holds that universities disciplining students for sexual assault or intimate partner violence do not need to provide the accused student with an opportunity for real-time cross-examination of witnesses.

Elizondo v. Riverside Community Hospital (2023)

California Court of Appeal affirms judgment on jury verdict in favor of hospital in medical malpractice action.

Leonard v. Peters (2023)

Ninth Circuit reverses summary judgment order in pro bono civil rights case on behalf of Oregon state prisoner.

Pulliam v. USC (2022)

California Court of Appeal affirms defense verdict in wrongful termination action.

Colonial Van & Storage v. Superior Court (2022)

California Court of Appeal grants Horvitz & Levy’s writ petition, holding that employer had no duty to protect its employee and her invitees from mass shooting inside the employee’s home.

Alvarado v. Wilson (2022)

California Court of Appeal affirms trial court ruling that eliminated punitive damages claim in medical malpractice case.

Oroville Hospital v. The Superior Court of Butte County (2022)

California Court of Appeal grants writ petition and orders judgment for the defense in elder abuse lawsuit.

Sernas v. Cantrell (2021)

Ninth Circuit reverses district court’s dismissal of prisoner’s civil rights claim

Flores v. Liu (2021)

California Court of Appeal affirms a jury verdict, despite a finding of instructional error, in a professional negligence action against a surgeon

Riley v. Kernan (2020)

Ninth Circuit reinstates prisoner’s civil rights lawsuit on religious liberty grounds

Bennett v. Rancho California Water District (2019)

Horvitz & Levy persuades Court of Appeal to reverse a jury verdict awarding plaintiff over $800,000 against a public entity for alleged whistleblower retaliation

Taulbee v. EJ Distribution Corp. (2019)

Horvitz & Levy obtains affirmance of jury verdict finding trucking company not liable for catastrophic freeway accident

Napolitano Holdings v. Touchstone Climbing (2019)

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

Davila v. Derby (2018)

California Court of Appeal reverses $4.2 million personal injury verdict because of inflammatory comments during trial.

Byrd v. Phoenix Police Dep’t (2018)

Ninth Circuit reverses dismissal of prisoner's civil rights claims.

Hahn v. Waddington (2017)

Ninth Circuit reverses dismissal of prisoner’s civil rights claims

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

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

Byrd v. Maricopa County Board of Supervisors (2017)

Ninth Circuit reverses dismissal of prisoner civil rights claims

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

Trinity River Lumber Company et al. v. Weaverville Community Services District (2016)

California Court of Appeal finds public water district immune from liability for failure of water system to furnish sufficient water to extinguish a fire

Garity v. APWU National Labor Organization (2016)

Ninth Circuit reverses dismissal of ADA lawsuit against union

Donaho v. County of Yuba (2015)

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

Credentials

Education

Yale Law School
J.D., 2007
Yale University
B.A., cum laude, 1996

Clerkships

Hon. Jay S. Bybee, U.S. Court of Appeals, Ninth Circuit (2007-2008)

Bar Admissions

California
U.S. Supreme Court
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Court of Appeals, for the Federal Circuit
U.S. District Court, Northern District of California

Professional Associations

American Bar Association: Chair of the American Bar Association’s Council of Appellate Lawyers (CAL) and 2018 CAL Chair of the Appellate Judges Education Institute Summit
Association of Southern California Defense Counsel
California Society for Healthcare Attorneys
Leadership Council on Legal Diversity (LCLD), 2015 Fellow, annual participant in 1L Summer Scholar Program.
Los Angeles County Bar Association, Vice President, 2021-2022; Barristers Section: President 2013-2014
LGBTQ+ Bar Association of Los Angeles, Member

Awards

CLAY award (California Lawyer Attorney of the Year) by Daily Journal (2024)
Top Verdicts by Daily Journal (2023)
Super Lawyers (2020-2025)
Super Lawyers “Rising Star” (2013-2017)
The Recorder’s Lawyers on the Fast Track (2013)

Publications

When the Appeal Party Is Over: Paying the Judgment (2021) Vol. 2, ASCDC Verdict Magazine
Supreme Court Changing Where You Can Be Sued (Summer 2019), Vol. 16, No. 2, Today’s General Counsel, p. 57
Breaking Up (The 9th) Is Hard To Do (July 31, 2017) Law360
Make the Barristers a First Step toward Professional Achievement (July/Aug. 2013) Los Angeles Lawyer, p. 12
Review at the U.S. International Trade Commission, American Bar Association, Appellate Practice, Spring 2012, Vol. 31, No. 3 (June 28, 2012)
Protecting Intellectual Property Rights with the ITC (Dec. 2011) Los Angeles Lawyer Magazine, p. 10
University Inventions, Stanford v. Roche, IPEG.com (Nov. 2010)
The Proposition 8 Challenge: Is There Jurisdiction For Appellate Review? Century City Lawyer (Sept. 2010)
Note, Contractual Waiver of Corporate Attorney-Client Privilege, 116 Yale L.J. 412 (2006)

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