Mitchell C. Tilner

Partner

Los Angeles

mtilner@horvitzlevy.com 818.995.0800

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Renowned for his proficiency in analyzing legal issues and handling complex, high-stakes appeals involving insurance coverage and bad faith, Mitch Tilner has briefed or supervised the briefing in more than 400 appeals and writ proceedings and has argued more than 100 appeals and writ proceedings in the state and federal appellate courts.

He also consults with trial firms and other appellate firms on appellate strategy and briefing. In addition to insurance appeals, he has handled appeals for private entities and public agencies in the areas of business and contract disputes, employment law, water law, eminent domain, entertainment law, and punitive damages.

Mitch is a partner at the firm, where he has been practicing since 1988. He has been a California State Bar Certified Appellate Specialist for more than 20 years.

Mitch frequently presents seminars to clients and professional groups on the appellate process, legal writing, and related subjects. Mitch began his professional career as an associate in the litigation department of Gibson, Dunn & Crutcher.

Representative Matters

Garcia v. GEICO (2024)

Ninth Circuit affirms summary judgment for insurer in bad faith action based on insurer’s decision not to accept policy limits settlement offer that would have released only one of two insureds.

Chino Basin Municipal Water District v. City of Chino (2024)

California Court of Appeal rejects challenge to longstanding operating practices of water rights entity.

County of Santa Clara v. Superior Court (2023)

California Supreme Court holds emergency medical service providers may maintain reimbursement actions against publicly operated health care service plans.

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.

Sanchez v. Superior Court (2022)

California Court of Appeal issues alternative writ, causing trial court to vacate order that compelled Horvitz & Levy client to submit to mental examination.

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.

Yahoo!, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA (2021)

Ninth Circuit rejects insured’s argument for contract damages exceeding the benefit of the insurance bargain

Oak Park Unified School District v. Philadelphia Indemnity Insurance Co. (2021)

Ninth Circuit affirms summary judgment for Horvitz & Levy’s client in insurance bad faith action

Issakhani v. Shadow Glen Homeowners Association, Inc. (2021)

Court of Appeal holds property owner not liable for failing to provide onsite parking to invitee

Pinto v. Farmers Insurance Exchange (2021)

Court of Appeal holds that an insurer’s failure to accept a reasonable settlement demand is not per se unreasonable, disapproving a controversial model jury instruction

City of San Juan Capistrano v. Cal. Public Utilities Comm’n (2019)

Representing amicus curiae San Diego Gas & Electric (Sempra), Horvitz & Levy persuades Ninth Circuit to affirm the dismissal of an action seeking to derail Sempra’s construction project.

Johnson v. The Raytheon Co. (2019)

California Court of Appeal issues published opinion affirming summary judgment in premises liability action.

Davila v. Derby (2018)

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

PSM Holding Corp. v. Nat’l Farm Fin. Corp. (2018)

Ninth Circuit rules on consequences of enforcing a money judgment pending appeal.

Victaulic v. American Home Assurance Company (2018)

Court of Appeal reverses $52 million Brandt fee and punitive damages award in insurance bad faith case.

Sheron Doll v. Mahin Ghaffari (2017)

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

Horiike v. Coldwell Banker Residential Brokerage Company (2016)

California Supreme Court holds that buyer in real estate transaction is owed a fiduciary duty by salesperson who represents the seller

Olympic and Georgia Partners v. Arch Specialty Insurance Co. (2016)

California Court of Appeal rules for H&L clients in insurance coverage dispute over major repairs to Ritz-Carlton residences

Big 5 Sporting Goods Corp. v. Zurich American Insurance Co. and Hartford Fire Insurance Co. (2015)

Ninth Circuit holds that insurer owes no duty to defend policyholder against consumer class actions

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

Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.

Foli v. Metropolitan Water District of Southern California (2015)

Ninth Circuit rejects challenge to water district's fluoridation program.

Aghaian v. Minassian (2015)

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

Safeway Inc. v. Superior Court (Hardin) (2014)

California Court of Appeal grants petition for writ of mandate in failure-to-warn suit against pharmacy.

Bison Builders Inc. v. ThyssenKrupp Elevator Corporation (2012)

California Court of Appeal holds that elevator company is not required to indemnify general contractor for construction accident.

State Farm General Insurance Co. v. Frake (2011)

California Court of Appeal holds insured’s deliberate act is not an ‘accident,’ and thus does not trigger liability insurer’s duty to defend, even if resulting injury was unintentional.

Behnke v. State Farm General Insurance Co. (2011)

California Court of Appeal affirms pre-trial dismissal of policyholder's claims for breach of contract, misrepresentation, and bad faith in dispute over Cumis fees.

Mnatsakanyan v. CalFarm Insurance Company (2010)

Court of Appeal reverses $4.6 million judgment on arbitration award.

Griffin Dewatering Corp. v. Northern Ins. Co. of New York (2009)

California Court of Appeal reverses an $11 million judgment, including $10 million in punitive damages, and orders entry of judgment for the defendant in insurance bad faith case.

PSM Holding Corp. v. National Farm Financial Corp. (2009)

Ninth Circuit reverses $43 million judgment in contract dispute.

Walker v. Farmers Ins. Exchange (2007)

California Court of Appeal affirms trial court's reduction of punitive damages from $8.3 million to $1.5 million in insurance bad faith case.

Credentials

Education

Columbia University
LL.M., 1985
Loyola Law School of Los Angeles
J.D., magna cum laude, 1980
Yale University
B.A., 1975

Clerkships

Hon. Arthur L. Alarcon, U.S. Court of Appeals, Ninth Circuit (1987-1988)

Bar Admissions

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

Professional Associations

American Academy of Appellate Lawyers
Association of Southern California Defense Counsel
California Academy of Appellate Lawyers
DRI
Los Angeles County Bar Association, Appellate Courts Section
Scribes: The American Society of Legal Writers

Awards

“AV Preeminent” rated by Martindale Hubbell
Chambers USA’s Directory of Leading Lawyers, ranked in Appellate Litigation and/or Insurance Law in California for 2007-2024
Best Lawyers (2006-2019, 2022-2024)
Super Lawyers (2004-2023, 2025)

Publications

One Shot Appeals (December 2020) Los Angeles Lawyer
Calif. Extension Of Court Deadlines Rests On Shaky Ground (June 4, 2020) Law360
Will the Billable Hour Go the Way of the Law Library? (Perspective) (July 28, 2016) Bloomberg Law
10 Ways to Improve Your Next Dispositive Motion: Writing Tips for Busy Trial Attorneys (Spring 2013) Association of Business Trial Lawyers, Vol. XXXIV, No. 1, p. 1
Does the Quality of Appellate Advocacy Make a Difference? (Sept. 2012) For The Defense (DRI), p. 82
The Insurer’s Dilemma (Feb. 13, 2012) The Recorder [online exclusive]
Expert Appellate Briefs Keep the Reader in Mind (Aug. 2010) LACBA E-Publication, Vol. II, No. 11
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section 2009) 2008 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2008) 2007 California Litigation Review
Developments in California Insurance Law The State Bar of California, 2007 Annual Review (2007), p. 15.
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, June 2007) 2006 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2006) 2005 California Litigation Review
Consistently Inconsistent: Recent Supreme Court Decisions Interpreting Insurance Policies (3d Qtr. 2004) Verdict, p. 30
Court Fails to Clarify Use of Policy’s Drafting History (June 3, 2004) L.A. Daily J. p. 7
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
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, May 2003) 2002 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, May 2002) 2001 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Apr. 2001) 2000 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Aug. 2000) 1999 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Oct. 1999) 1998 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Aug. 1998) 1997 California Litigation Review
The Call of Duty (Feb. 1996) L.A. Lawyer
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, Apr. 1997) 1996 California Litigation Review
Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, June 1996) 1995 California Litigation Review
Insurance Coverage for “Wilful Acts”: Clarifying Clemmer (Sept. 1991) L.A. Lawyer

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