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Advocacy at a Higher Level

Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

Our firm history, honors and awards, and locations speak to our collaborative approach and commitment to serving clients as well as the outstanding legal resources we bring to bear.

LEARN MORE ABOUT HORVITZ & LEVY

Horvitz & Levy appears more often in the California appellate courts than any other firm. In the California Supreme Court, we have appeared as counsel of record or as counsel for amicus curiae in over 170 cases over the last 30 years. We have appeared even more frequently in recent years, with over 70 appearances in the last decade. In the California Court of Appeal, we have appeared as counsel of record in more than 1,200 cases since 1990.

As a result of our extensive experience, we have an unparalleled knowledge of the justices, procedures, and culture of the California appellate courts. Members of our firm literally wrote the book on California appellate practice. Founding partner Ellis J. Horvitz and longtime partner Jon B. Eisenberg co-authored the leading treatise on civil appeals and writs in California, the Rutter Group's California Practice Guide: Civil Appeals and Writs. Curt Cutting and Bradley S. Pauley are co-authors of the California chapter of the Appellate Practice Compendium, published by the American Bar Association.

Our experience has translated into results. For example, since 1990 we have prevailed in 62% of cases in which we have represented appellants, compared to an average success rate of 20-25% for California civil appeals. 

We have been ranked as the #1 appellate practice in California by The Best Lawyers In America, and listed in the highest tier of California appellate firms by Chambers and Partners U.S.A., which has lauded the "strong performance and fresh perspective" of our attorneys and our "insight into the workings of the Supreme Court of California."

Drawing on our extensive experience in the California Supreme Court, we provide news and commentary on the practice of law before that court through our blog, At the Lectern.

Eisen v. Tavangarian

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

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Quidel Corp. v. Superior Court

California Court of Appeal reverses trial court that had applied a rule of per se invalidity to exclusivity provisions in contracts between businesses

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Hernandez v. First Student, Inc

California Court of Appeal affirms defense-favorable judgment in wrongful death case.

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Zapata v. The Superior Court

California Court of Appeal issues order in response to writ petition, causing trial court to vacate order denying defendant's motion to quash service of the complaint.

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Han v. Hallberg

California Court of Appeal holds that living trusts may serve as partners under California law.

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Zubin v. Toyota Motor Sales

Court of Appeal affirms favorable judgment for Toyota in Lemon Law case.

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Stennett v. Miller

California Court of Appeal upholds wrongful death statute against equal protection challenge.

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Steele v. Bell-Carter Foods

California Court of Appeal affirms summary judgment in products liability and warranty action against olive producer.

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Stokes v. Muschinske

Court of Appeal affirms favorable judgment and holds that defense billing experts can use Medicare reimbursement rates to form their opinions on the reasonable value of medical services.

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Johnson v. The Raytheon Co.

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

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Villa Riviera Condominium Association v. Spectra Company et al.

California Court of Appeal affirms judgment for subcontractor in construction defect action.

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Licudine v. Cedars-Sinai Medical Center

California Court of Appeal affirms trial court ruling that a plaintiff's Code of Civil Procedure section 998 offer was served too early to be in good faith.

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Lovewell v. Stanford Federal Credit Union & Joan Opp

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

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Hagan v. Torrance Memorial Medical Center

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

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Hart v. Special Electric

Horvitz & Levy prevails on statute of repose issue in asbestos lawsuit.

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Kaur v. Broadbase

Horvitz & Levy obtains dismissal of appeal in wrongful death suit.

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Huerta v. Kava Holdings, Inc.

California Court of Appeal affirms judgment for hotel in FEHA case.

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Jabo v. YMCA of San Diego County

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

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Hake v. Allied Fluid Products Corp.

Court of Appeal affirms nonsuit on ground that plaintiff's "every exposure" theory was insufficient to prove causation under Kansas law.

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Rudolph v. Rudolph and Sletten, Inc

Court of Appeal rejects plaintiffs' attempt to circumvent workers' compensation exclusive-remedy rule in take-home asbestos case

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Davila v. Derby

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

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Victaulic v. American Home Assurance Company

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

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Simers v. Los Angeles Times Communications, LLC

Court of Appeal rejects constructive discharge claim.

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Rainwater v. Sergio's El Ranchito, Inc.

Court of Appeal upholds summary judgment.

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Sheron Doll v. Mahin Ghaffari

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

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Lockheed Litigation Cases

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

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Dhillon v. John Muir Health

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

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Ortiz v. WMC-A, Inc.

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

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Cuevas v. Contra Costa County

California Court of Appeal requires retrial of future medical expense claim to permit evidence of Medicaid and Affordable Care Act benefits.

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Martinez v. Asplundh Tree Expert Co.

California Court of Appeal affirms judgment in favor of power line clearing contractor in negligence action.

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Hawkins v. St. John Missionary Baptist Church of Bakersfield

California Court of Appeal reverses judgment that ousted pastor from church.

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Saller v. Crown Cork & Seal

California Court of Appeal reverses $3.6 million in punitive damages in products liability case.

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Acqua Vista v. MWI, Inc.

California Court of Appeal reverses $24 million judgment against pipe supplier in construction defect case.

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Sarkisyan v. Newport Insurance Company

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.

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Horiike v. Coldwell Banker Residential Brokerage Company

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

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Wang v. Nibbelink

Court of Appeal affirms summary judgment in favor of property owners on the basis of recreational immunity.

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Markow v. Rosner

California Court of Appeal reverses judgment against hospital.

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Licudine v. Cedars-Sinai Medical Center

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

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Santos M. v. Superior Court of Los Angeles County

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

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Ludwig v. Hacienda Paraiso

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

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

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

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Olympic and Georgia Partners v. Arch Specialty Insurance Co.

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

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Fireman's Fund Insurance Co. v. Heller

California Court of Appeal affirms summary judgment for insurer in rescission action.

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Sheehe v. Kihagi

California Court of Appeal rules for H&L pro bono client in rent control dispute.

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Bertsch v. Mammoth Community Water District

California Court of Appeal issues published opinion affirming summary judgment for community association and water district in skateboard injury case.

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McClatchy v. Coblentz, Patch, Duffy & Bass, LLP

Court of Appeal affirms ruling in favor of San Francisco law firm in probate dispute.

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Gopal v. Kaiser Foundation Health Plan

California Court of Appeal rejects enterprise liability theory and affirms summary judgment in favor of health insurer in wrongful death case.

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Angel v. Winograd

California Court of Appeal reverses denial of anti-SLAPP motion in defamation case.

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Haynes v. Kim

California Court of Appeal affirms defense verdict for corporation in auto accident case, rejecting agency theory.

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Lozano v. AWI Management Corporation

California Court of Appeal affirms summary judgment that found apartment manager not liable for shooting rampage.

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Central Metal v. Center Bank

California Court of Appeal affirms grant of anti-SLAPP motion in action arising from commercial lender’s receivership action.

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Carter v. Heitzler

California Court of Appeal affirms summary judgment in negligence suit arising from horseback riding injury.

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Murat v. Exxon Mobil Corp.

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

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

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

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Lockheed Litigation Cases (Group 9)

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

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Ironridge Global IV, Ltd. v. ScripsAmerica, Inc.

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

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Roman v. BRE Properties

California Court of Appeal affirms summary judgment for apartment owner accused of discrimination.

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Ralphs Grocery Company v. Midtown Shopping Center Associates

California Court of Appeal reverses judgment against Ralphs Grocery Company in landlord-tenant dispute.

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Donaho v. County of Yuba

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

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Albert v. Mid-Century Insurance Co.

California Court of Appeal holds that trespass to trees is not covered by a general liability policy.

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Cohen v. Sterling

Court of Appeal upholds order granting new trial following $17 million verdict arising out of apartment building fire.

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In re Marriage of McCourt

California Court of Appeal rules in favor of former Dodgers owner Frank McCourt in marital dispute.

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Burdick v. Superior Court (Sanderson)

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

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

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

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Collin v. CalPortland Company

California Court of Appeal affirms summary judgment in asbestos injury action against joint compound manufacturer.

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Cottini v. Enloe Medical Center

California Court of Appeal affirms judgment in favor of medical center.

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Safeway Inc. v. Superior Court (Hardin)

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

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RunflatAmerica, LLC v. Michelin North America, Inc. et al.

California Court of Appeal rules for defendants in a shareholder derivative action brought by the former CEO of a company, who alleged his company should have sued the defendants for perceived business torts.

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Eisenhower Medical Center v. Superior Court

California Court of Appeal dismisses $500 million medical privacy claim against hospital.

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Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership

California Court of Appeal permits low-income seniors to proceed with challenge to 144-percent rent increase.

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Mobasser v. Yermian

California Court of Appeal vacates jury’s award of emotional distress damages and punitive damages in family business dispute.

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Monroe v. Yurosek Farms LLC

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

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R.R. v. H.F.

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.

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Haggis v. Yari

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.

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Guo v. American Plus Bank N.A.

California Court of Appeal reverses fraud judgment against community bank.

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Kmart Corporation v. Hartford Fire Insurance

California Court of Appeal affirms judgment for insurer on duty-to-defend issue and reinstates insurer’s claim for reimbursement.

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Jay v. Mahaffey

California Court of Appeal affirms denial of anti-SLAPP motion in malicious prosecution case.

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Malin v. Singer

California Court of Appeal reverses trial court and orders dismissal of extortion claim against attorney.

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Mercado v. Doctors Medical Center of Modesto, Inc.

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

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Cann v. Stefanec

Court of Appeal holds that primary assumption of risk doctrine bars suit by college swimmer injured in weight room accident.

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El-Attar v. Hollywood Presbyterian Medical Center

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

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S. R. v. Superior Court

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

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Lawrence v. J.R. Enterprises, L.P.

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

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Tamas v. T.L. Pavlich Construction, Inc.

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

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Corenbaum v. Lampkin

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

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Moran v. South Coast Medical Center

California Court of Appeal affirms hospital’s denial of medical staff privileges.

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Singh Educational Services v. Blueprint Test Preparation LLC

Court of Appeal rejects competitor’s attempt to shut down test preparation company in alleged theft of trade secrets action.

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Jankey v. Lee

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

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Don Johnson Productions, Inc. v. Rysher Entertainment

California Court of Appeal reduces judgment in favor of actor Don Johnson from $53.2 million to $15 million in dispute arising out of a production contract’s copyright provision.

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Bison Builders Inc. v. ThyssenKrupp Elevator Corporation

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

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Howard Entertainment, Inc. v. Kudrow

California Court of Appeal reverses summary judgment in favor of actress in contract dispute over withheld agent commissions.

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American States Ins. Co. v. Ramirez

California Court of Appeal reverses $6 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.

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Finley v. Club One, Inc.

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

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Garcia v. ConMed Corporation

California Court of Appeal affirms judgment in favor of medical device manufacturer in products liability action.

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Wang v. Heck

California Court of Appeal holds doctor not liable for recommending that the DMV reinstate the license of an epileptic patient.

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O'Neil v. Crane Co.

California Supreme Court holds that product manufacturers cannot be liable for injuries caused by replacement parts.

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Gonzalez v. Southern California Gas Company

California Court of Appeal reverses judgment in wrongful death/premises liability case based on absence of legal duty.

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Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC

California Supreme Court unanimously reverses Court of Appeal opinion in eminent domain dispute.

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Burlington Coat Factory v. Bella Terra Associates

California Court of Appeal upholds landlord’s interpretation of novel lease provision.

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Barrese v. Murray

California Court of Appeal reverses jury verdict and remands for reconsideration of motion for new trial.

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Behnke v. State Farm General Insurance Co.

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.

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Attitudes Hair & Nail Salon v. Superior Court

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

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Ibarra v. Carpinello

California Court of Appeal affirms dismissal of defamation lawsuit in high-profile MMA dispute.

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In re Pineda

Horvitz & Levy petition to California Supreme Court results in reconsideration of ruling against abused minor.

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Bruns v. E-Commerce Exchange, Inc. et al.

California Supreme Court reverses Court of Appeal opinion that permitted plaintiff to proceed with putative class action more than five years after filing complaint.

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State Farm v. Lee

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

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Li v. Simpson Thacher & Bartlett LLP

California Court of Appeal affirms order denying motion to strike malicious prosecution action against Simpson Thacher & Bartlett.

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Huitt v. Southern California Gas Company

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.

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Molina v. Shell Oil Co.

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.

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Raymond v. Flynt

California Court of Appeal reverses arbitration award against employer in sexual harassment case.

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Tverberg v. Filner Construction, Inc.

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

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Collins v. Plant Insulation Company

California Court of Appeal reverses $1.9 million judgment in asbestos action and orders new trial on allocation of fault.

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Boeken v. Philip Morris USA, Inc.

California Supreme Court rules that a plaintiff who previously sued for loss of consortium based on a spouse’s personal injuries cannot, consistent with the res judicata doctrine, again pursue post-death consortium damages in a second lawsuit for wrongful death.

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Walton et al. v. The William Powell Co.

California Court of Appeal reverses $5 million judgment in asbestos case, holding that valve maker is not liable as a matter of law for asbestos that was used in conjunction with its product.

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Kirk v. First American Title Insurance Company

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

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Logix v. Faherty

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

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Fire Insurance Exchange v. Superior Court

California Court of Appeal issues writ of mandate, directing trial court to grant summary judgment in favor of insurer in coverage dispute.

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Mnatsakanyan v. CalFarm Insurance Company

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

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Baker v. National Interstate Insurance Company

California Court of Appeal reverses $12 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.

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PrediWave Corporation v. Simpson Thacher & Bartlett et al.

California Court of Appeal reverses trial court order that dismissed $2 billion attorney malpractice suit under anti-SLAPP statute.

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Griffin Dewatering Corp. v. Northern Ins. Co. of New York

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.

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Pauma Band of Luiseño Mission Indians v. Harrah's Operating Company, Inc.

California Court of Appeal reverses $30 million judgment in business dispute arising from negotiations to develop and manage a hotel and casino on an Indian reservation.

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Silverbrand v. County of Los Angeles

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

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In Re Episcopal Church Cases

California Supreme Court rules in favor of national church in property dispute with breakaway local parish.

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Rudolph v. Rudolph and Sletten, Inc

California Court of Appeal opening brief, arguing that the doctrine of workers' compensation exclusivity applies to claims alleging that an employer is responsible for take-home asbestos exposures.

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Madrigal v. Allstate Indemnity Company

Amicus curiae brief on behalf of insurance trade associations addressing whether an insurer can be held liable for bad faith under a "duty to settle" theory when the insurer offers policy limits within a reasonable period of time, even if shortly after an artificial deadline imposed by a third-party claimant.

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Sheridan v. Touchstone Television Productions, LLC

Petition asking the California Supreme Court petition to grant review in Desperate Housewives employment dispute, to clarify the scope of the exhaustion of administrative remedies doctrine.

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Burlage v. Superior Court

Answer to petition for review in the California Supreme Court, arguing against review of a published Court of Appeal decision that affirmed an order vacating an arbitration award.

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