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

David M. Axelrad

Partner
Los Angeles
daxelrad@horvitzlevy.com
818.995.0800

David Axelrad advises clients, including numerous Fortune 500 companies, with the benefit of over 40 years specializing in civil appeals.

He regularly counsels clients on toxic tort and personal injury cases, and guides clients through the process of preserving the record in the trial court, attacking judgments in the trial court through post trial motions, staying enforcement of judgments, and perfecting an appeal. David is also a leader in providing value added briefings and educational seminars to clients on a wide variety of topics, and writes extensively on topics related to the civil appellate process.

David is a partner at the firm, where he has practiced since 1982. He is a California State Bar Certified Appellate Specialist, and has handled hundreds of civil appeals in state and federal courts, including cases in the California Supreme Court. Prior to joining Horvitz & Levy, David was an Assistant to the Director of the Bureau of Consumer Protection, Federal Trade Commission in Washington, D.C. David also served as a Staff Attorney for the U.S. Court of Appeals for the Ninth Circuit. Mr. Axelrad has been an Adjunct Professor of Law at the University of La Verne College of Law and Loyola Law School in Los Angeles.

Credentials

Education

Clerkships

Bar Admissions

Professional Associations

Awards

Representative Matters

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.

Acoba v. Olivera Egg Ranch, LLC (2019)

Horvitz & Levy persuades Court of Appeal to affirm judgment following jury verdict for egg ranch in nuisance case

Napolitano Holdings v. Touchstone Climbing (2019)

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

Hagan v. Torrance Memorial Medical Center (2019)

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

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

Horvitz & Levy preserves defense verdict in products liability case.

Jabo v. YMCA of San Diego County (2018)

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

Simers v. Los Angeles Times Communications, LLC (2018)

Court of Appeal rejects constructive discharge claim.

Sheron Doll v. Mahin Ghaffari (2017)

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

Royal Alliance Associates, Inc. v. Mooney et al. (2017)

Ninth Circuit reverses order requiring securities broker/dealer to submit to FINRA arbitration

Lockheed Litigation Cases (2017)

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

Sarkisyan v. Newport Insurance Company (2017)

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

Licudine v. Cedars-Sinai Medical Center (2016)

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

Ludwig v. Hacienda Paraiso (2016)

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

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

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

Murat v. Exxon Mobil Corp. (2015)

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

Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (2015)

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

Lockheed Litigation Cases (Group 9) (2015)

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

Judicial Council Coordinated Proceedings 4435 TCP Cases (City of Redlands v. Shell Oil Co.) (2014)

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

Haggis v. Yari (2014)

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.

Lawrence v. J.R. Enterprises, L.P. (2013)

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

Jankey v. Lee (2012)

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

Seabright Insurance Company v. US Airways, Inc. (2011)

California Supreme Court limits recovery by contractors’ employees for injuries arising from alleged violations of Cal-OSHA regulations.

Huitt v. Southern California Gas Company (2010)

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.

Molina v. Shell Oil Co. (2010)

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.

Koszdin v. State Comp. Ins. Fund. (2010)

California Court of Appeal rejects class action against employers and workers compensation insurers.

Tverberg v. Filner Construction, Inc. (2010)

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

Kirk v. First American Title Insurance Company (2010)

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

Christoff v. Nestlé USA, Inc. (2009)

California Supreme Court applies single-publication rule to unauthorized commercial use of likeness in right of publicity case, eliminating our client’s exposure to more than $10 million in damages.

Dee v. PCS Property Management (2009)

California Court of Appeal affirms exclusion of expert testimony under California Evidence Code in a residential mold case.

Holdgrafer v. Unocal Corp. (2008)

California Court of Appeal reverses $5 million punitive damages award against Unocal in soil contamination case.

Kibler v. Northern Inyo County Local Hosp. Dist. (2006)

California Supreme Court holds that hospital peer review process is subject to an anti-SLAPP motion.

Kinsman v. Unocal Corp. (2005)

California Supreme Court limits landowners’ liability to contractors’ employees.

Publications