Supreme Court permits statutory reduction of Three Strikes sentence that dissent calls an “endorse[ment] [of] legislative overreach”

Curt Cutting

Partner
Los Angeles

Curt Cutting helps businesses defend against high-stakes litigation, especially in cases where plaintiffs are seeking punitive damages.

His work in punitive damages cases, both at the trial court level and on appeal, has resulted in the reduction or outright reversal of a number of multi-million dollar punitive damages awards.

At the trial court level, Curt assists clients with strategic consulting, preparation of critical motions, and preserving dispositive issues for appeal. On appeal, Curt serves as lead counsel in cases involving a wide range of subject areas, including products liability, mass torts, business disputes, and insurance law. He has presented dozens of oral arguments, including appearances before the California Supreme Court and the Supreme Court of Guam.

Curt, along with other attorneys at Horvitz & Levy, serves as West Coast appellate counsel for a Fortune 100 company in asbestos litigation, assisting at the trial court level and representing the company as lead counsel on appeal.

He is the primary contributor to the firm’s blog on punitive damages. He has provided commentary on punitive damages litigation and appellate practice for various media outlets, including Bloomberg Law, The National Law JournalThe Seattle TimesThe Associated PressThe San Diego Union TribuneThe Daily JournalThe RecorderBNA’s Class Action Litigation Reporter, and Business Insurance.

Curt is an adjunct professor at the Pepperdine Caruso School of Law, where he teaches the Ninth Circuit Appellate Advocacy Clinic along with fellow H&L attorney Rebecca Powell. The Clinic handles cases in the U.S. Court of Appeals for the Ninth Circuit, representing individuals in matters that the court identifies as warranting appointment of pro bono counsel.

Credentials

Education

Clerkships

Bar Admissions

Professional Associations

Awards

Representative Matters

Padron v. Osoy (2025)

California Court of Appeal issues published opinion affirming summary judgment for homeowner in lawsuit brought by injured worker.

Hill Family LP v. Trader Joe’s (2024)

California Court of Appeal rules that Trader Joe’s is entitled to express indemnity arising out of a lease agreement.

Watts v. Pneumo Abex (2024)

California Court of Appeal reverses for new trial in asbestos case.

Martinez Iriqui v. Latt (2024)

California Court of Appeal rules that trial court’s discovery and trial-scheduling rulings did not constitute a “structural error” requiring a new trial.

Washington 111 v. Kelsey (2024)

California Court of Appeal rules that commercial landlord is entitled to a new trial in dispute with former tenant.

Ayers v. FCA (2024)

Horvitz & Levy persuaded the Court of Appeal to issue a published opinion that rejects a commonly used tactic to inflate attorney fee awards in lemon law cases.

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.

Long v. Sugai (2024)

Ninth Circuit issues published opinion in favor of H&L pro bono client in civil rights case.

Leonard v. Peters (2023)

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

Blasco v. FCA (2022)

California Court of Appeal affirms nonsuit on punitive damages in lemon law case.

Swanson v. The Marley-Wylain Company (2021)

California Court of Appeal reverses $5.5 million judgment in mesothelioma case due to instructional error

Sernas v. Cantrell (2021)

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

Little Cottage Caregivers v. Meiri (2020)

California Court of Appeal reinstates ownership interest in a medical marijuana collective

Riley v. Kernan (2020)

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

Alaniz v. Sun Pacific Shippers, L.P. (2020)

California Court of Appeal reverses judgment against landowner due to error in jury instructions

Barton v. The Argen Corporation (2019)

California Court of Appeal affirms judgment of dismissal in products liability action against supplier of dental alloys

Stennett v. Miller (2019)

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

Menera v. Mega R.V. Corp. (2018)

Horvitz & Levy preserves defense verdict in products liability case.

Rudolph v. Rudolph and Sletten, Inc (2018)

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

Saller v. Crown Cork & Seal (2017)

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

Park v. Mobil Oil Guam, Inc. (2004)

Supreme Court of Guam affirmed reduction of punitive damages award against Mobil Oil

In re Marriage of McCourt (2015)

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

Mobasser v. Yermian (2014)

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

American States Ins. Co. v. Ramirez (2012)

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

O’Neil v. Crane Co. (2012)

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

Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC (2011)

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

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.

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.

National Union Fire Ins. Co. v. Cambridge Integrated Services (2009)

In this appeal, Horvitz & Levy LLP represented National Union, which provides workers comp excess insurance to Bank of America.

Border Business Park, Inc. v. City of San Diego (2006)

California Court of Appeal reverses $91.7 million inverse condemnation award against City of San Diego.

Publications