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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.

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Mitchell C. Tilner

Mitchell C. Tilner

Partner - Los Angeles Office

How Mitchell Helps Clients

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 350 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

Medical Acquisition Co., Inc. v. Superior Court (2018)
Published California Court of Appeal opinion in eminent domain action upholding agency client’s position that trial court had discretion to require property owner to post an undertaking as a condition to withdrawing client’s deposit of probable amount of compensation

ABM Facility Services, Inc. v. Jacobs Facilities, Inc. (2017)
Represented contractor on appeal in case involving unlicensed subcontractor’s multi-million-dollar claim for unpaid invoices and contractor’s $45 million cross-claim for disgorgement of fees paid; case settled after oral argument

Olympic and Georgia Partners LLC v. Arch Specialty Ins. Co. (2016)
Successfully defended summary judgment for insurer client in dispute over coverage for cost of removing and replacing cracked stone flooring in high-rise condominium development

Big 5 Sporting Goods Corp. v. Zurich American Ins. Co., et al. (2015)
Successfully defended summary judgment for insurer client in Ninth Circuit, which held insurer owed no duty to defend policy holder against consumer class actions

Lewis Jorge Const. Management, Inc. v. Pomona Unified School Dist. (2004)
California Supreme Court upheld school district client’s position that damages for breach of construction contract could not include $3 million in claimed lost profits from prospective jobs contractor never won because of impaired bonding capacity suffered as a result of client’s termination of contract

Kazi v. State Farm Fire and Casualty Co. (2001)
California Supreme Court held that a claim of interference with an easement right does not give rise to an insurer’s duty to defend under a policy covering damage to tangible property

Waller v. Truck Ins. Exchange, Inc. (1995)
Oft-cited California Supreme Court opinion that affirmed Court of Appeal’s reversal of $50+ million judgment and upheld insurer client’s position that (1) it had no duty to defend insureds against suit alleging emotional distress flowing from economic losses, and (2) it did not impliedly waive coverage defenses by not mentioning them when claim was denied

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, Ninth Circuit

Professional Associations

Awards

Publications