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

John A. Taylor, Jr.

Partner
Los Angeles
jtaylor@horvitzlevy.com
818.995.0800

A California State Bar Certified Appellate Specialist, John A. Taylor, Jr. has helped numerous clients prevail in high-stakes appeals concerning legal issues of industry-wide importance and from multimillion-dollar judgments.

John has argued appeals throughout the state, including several in the California Supreme Court. Among them are a groundbreaking matter addressing automobile manufacturers’ warranty liability (Gavaldon v. Daimler Chrysler) and an intellectual property case in which the court overturned a $15 million judgment against a coffee manufacturer based on alleged unauthorized use of the plaintiff’s image on labeling (Christoff v. Nestlé USA, Inc.). John’s name currently appears on over 100 appellate decisions, including more than 50 published opinions. He has been lead appellate counsel in dozens of civil appeals for individuals, insurers, and entities in the entertainment, automotive, and other industries, including matters involving entertainment law, the right of publicity, the Unfair Competition Law (UCL), breach of contract, insurance coverage, wage and hour law, employment discrimination, personal injury, California’s “lemon law,” arbitration awards, and trusts and estates. John’s many victories include his role as lead counsel in (Don Johnson Productions, Inc. v. Rysher Entertainment), obtaining a $37 million reduction of a $52 million judgment against his client

John is a partner at the firm, where he has been practicing appellate law since 1993. Before joining the firm, John was a litigation associate with Gibson, Dunn & Crutcher LLP.

John has authored numerous amicus curiae briefs in the California Supreme Court on issues such as evidentiary requirements in product liability and wage and hour litigation; the scope and application of Proposition 64’s amendments to the UCL; public policy issues arising out of subcontractor indemnity provisions in residential construction contracts; the constitutionality of Proposition 5, the Indian gaming initiative; and the validity of the Seaman‘s tort.

Credentials

Education

Clerkships

Bar Admissions

Professional Associations

Awards

Representative Matters

Rodriguez v. FCA (2024)

California Supreme Court rules that used vehicles sold with a remaining new car warranty balance are not “new motor vehicles” subject to the Song-Beverly Act’s refund-or-replace remedy.

Always Smiling Productions, LLC v. Chubb National Insurance Company (2024)

Ninth Circuit affirms judgment for insurer in $35 million COVID-19 business interruption coverage dispute concerning production of the Apple TV+ series The Morning Show.

Novoa v. Honda (2024)

California Court of Appeal denies plaintiff’s writ petition on the merits in lemon law arbitration dispute.

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.

Pacific Gas & Electric Co. v. Superior Court (South San Joaquin Irrigation District) (2023)

California Court of Appeal holds that, in a utility takings case, a public entity's findings of public necessity and "more necessary public use" are not reviewed by the trial court only for substantial evidence or a gross abuse of discretion.

Urick v. Urick III (2022)

California Court of Appeal holds that the trial court abused its discretion in denying a continuance after a party’s attorney was hospitalized days before trial.

Viasat v. Acacia Communications (2022)

California Court of Appeal affirms $49 million breach of contract verdict in complex commercial dispute involving misuse of intellectual property.

Riskin v. Downtown LA Property Owners Association (2022)

California Court of Appeal reverses attorney fees award in California Public Records Act case.

Mallonee v. Toyota Motor Sales, U.S.A., Inc. (2022)

California Court of Appeal affirms order cutting attorney fees request by 85 percent in lemon law action.

Covert v. FCA USA, LLC (2022)

California Court of Appeal reverses $200,000 attorney fees and costs award in lemon law action.

Fishback v. FCA (2021)

Court of Appeal holds that trial court was not required to “show its work” when reducing or disallowing plaintiff’s attorney fees

Khoshnevis v. Toyota Motor Sales, U.S.A., Inc. (2021)

California Court of Appeal affirms order shifting costs to plaintiff who failed to recover more than defendant’s settlement offer.

Ruiz Nunez v. FCA USA LLC (2021)

Court of Appeal limits express warranty claims against auto manufacturers for failed repairs and holds they owe no implied warranty on sales of used cars

A&S Metal Recycling, Inc. v. Wilson’s Metal Exchange, Inc (2020)

California Court of Appeal affirms denial of anti-SLAPP motion in defamation case arising out of commercial dispute between business competitors

Green Gate Services, LLC v. Daniel Koetting (2020)

Horvitz & Levy obtains reversal of judgment confirming multimillion dollar arbitration award

Handlers-Bryman v. El Pollo Loco (2020)

Horvitz & Levy secures stipulated reversal of multimillion dollar judgment and injunction restricting El Pollo Loco’s franchise operations

Water Court, LLC v. Adams Wine Group, LLC et al. (2020)

Court of Appeal affirms judgment and attorney fees award totaling over $2.1 million in favor of Horvitz & Levy’s client in commercial real estate dispute

Herod v. Parfums De Coeur Ltd. Corp. (2019)

Court of Appeal affirms summary judgment for defendant in personal injury/products liability case

Eisen v. Tavangarian (2019)

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

Michery v. Ford (2019)

Horvitz & Levy obtains affirmance of jury verdict finding Ford’s 1999 Expedition was not defectively designed.

Zubin v. Toyota Motor Sales (2019)

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

San Diego Comic Convention v. Dan Farr Productions (2018)

Ninth Circuit saves defendants from financial ruin by staying enforcement of trademark infringement injunction and $4 million judgment pending appeal.

McDonold v. Superior Court (2018)

Court of Appeal affirms that counsel for an excess insurer did not represent its insureds as joint clients in a tripartite relationship when attempting to negotiate a settlement on their behalf.

Sheehe v. Kihagi (2016)

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

Harbor Missionary Church Corporation v. City of San Buenaventura (2016)

Ninth Circuit reverses denial of preliminary injunction to permit church to keep homeless ministry open

Noe v. Superior Court (2015)

California Court of Appeal holds that Labor Code § 226.8 creates no private right of action.

Cohen v. Sterling (2015)

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

Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership (2014)

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

Don Johnson Productions, Inc. v. Rysher Entertainment (2012)

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.

Gonzalez v. Southern California Gas Company (2011)

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

Barrese v. Murray (2011)

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

Heston v. Taser (2011)

Ninth Circuit affirms district court’s reduction of damages award and orders further reduction, leaving defendant responsible for only $150,000 of original $7.6 million award.

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.

Stewart v. Rolling Stone LLC (2010)

California Court of Appeal confirms broad First Amendment protection for publishers.

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.

Silverbrand v. County of Los Angeles (2009)

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

Omega S.A. v. Costco Wholesale Corp. (2008)

Ninth Circuit holds that “first sale doctrine” does not provide a defense to an infringement action involving foreign-made, nonpiratical copies of a copyrighted work.

Cryoport Systems v. CNA Insurance Companies et al. (2007)

California Court of Appeal holds that a plaintiff without standing of its own under Proposition 64 may not conduct discovery to find a substitute plaintiff in order to keep a UCL action alive.

Gavaldon v. DaimlerChrysler Corp. (2004)

California Supreme Court holds that replacement or restitution remedy is not required under California’s lemon law for breach of a service contract.

Publications