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

David S. Ettinger

Of Counsel
Los Angeles
dettinger@horvitzlevy.com
818.995.0800

David Ettinger has briefed and argued many notable appeals, including more than a dozen arguments before the California Supreme Court. He is considered by many in the industry as a scholar in appellate justice and leverages his keen insights to support clients’ immediate and long-term challenges in the appellate courts.

After many years as a partner, David is currently of counsel at the firm, which he joined in 1982. He has been published in a variety of legal publications, including several articles on hospital peer review committee confidentiality. David served two terms on the Appellate Advisory Committee for the Judicial Council of California, to which he was appointed by Chief Justice Ronald George. Also, at the invitation of Justice Joyce Kennard, he was a member of the Appellate Rules Revision Project Task Force, which spearheaded the first comprehensive revision of the California Rules of Court on appeals in almost 60 years. He is the primary writer for At the Lectern, the firm’s blog covering the California Supreme Court.

David was the 2025 inductee into the California Lawyers Association’s Appellate Lawyer Hall of Fame. He is a former president of the California Academy of Appellate Lawyers and has served as a lecturer in the Appellate Litigation Clinic at the University of California, Irvine School of Law.

Credentials

Education

Clerkships

Bar Admissions

Professional Associations

Awards

Representative Matters

Guardianship of Saul H. (2022)

California Supreme Court reverses Court of Appeal, holding Horvitz & Levy's client is entitled to state court findings allowing him to apply to the federal government for Special Immigrant Juvenile status.

Duket v. Fremont Rideout Health Group (2019)

Court of Appeal affirms judgment for defendant in wrongful death/Elder Abuse Act case

Lovewell v. Stanford Federal Credit Union & Joan Opp (2019)

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

Dhillon v. John Muir Health (2018)

California Court of Appeal reverses order requiring formal peer review of hospital medical staff's discipline of physician.

Nance v. Miser (2017)

Ninth Circuit reverses dismissal of Muslim prisoner's religious liberty claims

Dhillon v. John Muir Health (2017)

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

Ortiz v. WMC-A, Inc. (2017)

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

Markow v. Rosner (2016)

California Court of Appeal reverses judgment against hospital

Santos M. v. Superior Court of Los Angeles County (2016)

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

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

Ninth Circuit reverses judgment under Petroleum Marketing Practices Act.

Ray v. Kapiolani Medical Specialists (2011)

Supreme Court of Hawai`i overturns $4,250,000 judgment against physician group for negligent treatment and informed consent.

Ironridge Global IV, Ltd. v. ScripsAmerica, Inc. (2015)

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

Donaho v. County of Yuba (2015)

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

Burdick v. Superior Court (Sanderson) (2015)

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

Monroe v. Yurosek Farms LLC (2014)

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

R.R. v. H.F. (2014)

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.

Mercado v. Doctors Medical Center of Modesto, Inc. (2013)

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

El-Attar v. Hollywood Presbyterian Medical Center (2013)

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

S. R. v. Superior Court (2013)

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

Tamas v. T.L. Pavlich Construction, Inc. (2013)

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

Corenbaum v. Lampkin (2013)

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

Finley v. Club One, Inc. (2012)

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

Attitudes Hair & Nail Salon v. Superior Court (2011)

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

State Farm v. Lee (2011)

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

Silverbrand v. County of Los Angeles (2009)

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

Publications