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

John F. Querio

Partner
Los Angeles

Large public companies, small businesses, and trial counsel, as well as significant trade associations, have benefited from John Querio’s proficiency in a wide range of practice areas, including commercial contract disputes; arbitration and class actions; defense of claims based on professional conduct (including the anti-SLAPP statute and First Amendment issues, legal malpractice, and malicious prosecution); defense of insurance coverage and bad faith litigation; products and premises liability defense; civil rights litigation defense; and punitive damages.

John works with clients and trial counsel before, during, and after an appeal to preserve issues and position the case for an optimal outcome.

John is a partner at the firm, where he has worked on dozens of civil appeals in state and federal court. He has special expertise in federal civil and appellate procedure and has argued numerous appeals in the U.S. Court of Appeals for the Ninth Circuit.  He is co-author of the leading treatise on civil appeals before the Ninth Circuit, the Rutter Group’s Ninth Circuit Civil Appellate Practice.  He has also represented parties and amici curiae in numerous cases in the United States, California, and Nevada Supreme Courts.

John has counseled many significant companies on appellate matters, including Ford Motor Company, State Farm, American General Life Insurance Company, Hospital Corporation of America, QBE Insurance Corporation, Travelers, Kiewit, Dow Chemical Company, Philip Morris, and San Diego Gas & Electric Company. He has also represented cities, counties, and peace officers in federal civil rights actions; major hospitals and providers in healthcare matters; and large insurers in coverage disputes. He has worked with major trade associations to position cutting edge issues for appellate review, including the Chamber of Commerce of the United States of America, DRI-The Voice of the Defense Bar, the Washington Legal Foundation, the California Hospital Association, and the California New Car Dealers Association.

John is active in the legal community, authoring articles and making presentations at client venues, other law firms, and bar events. He has been a member of the Board of Governors of the Los Angeles Chapter of the Association of Business Trial Lawyers, which brings together plaintiff and defense lawyers with judicial officers to promote civility, collegiality, and the fair and efficient administration of civil justice. In that capacity, he served as co-editor of the ABTL Report, which is the association’s quarterly publication dedicated to legal developments and civil practice issues.

Credentials

Education

Clerkships

Bar Admissions

Professional Associations

Awards

Representative Matters

Estate of Rodriguez v. City of Long Beach (2025)

California Court of Appeal reverses $12.2 million jury verdict in wrongful death case against municipality and police officer due to trial court’s erroneous rejection of negligence per se instruction.

Moir v. Ventura Locksmiths (2024)

Court of Appeal affirms modest judgment in personal injury action, rejecting plaintiff’s bid for a new trial.

Diaz v. Macy’s West Stores, Inc. (2024)

Ninth Circuit holds that courts cannot require companies to arbitrate Private Attorneys General Act claims on a representative basis where arbitration agreements include a class or collective action waiver.

Shenoi v. Maya (2023)

California Court of Appeal affirms defense judgment in defamation case involving youth soccer league.

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

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

Estate of Morad v. City of Long Beach (2020)

Ninth Circuit affirms judgment for City of Long Beach, police chief, and police officer in excessive force case

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

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

Monje v. Spin Master Inc. (2017)

Ninth Circuit affirms trial court’s rulings striking punitive damages and excluding speculative expert toxicological causation opinions in product liability case involving children’s toy

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

Cromer v. Bristol West Insurance Group/Coast National Insurance Co. (2015)

Nevada Supreme Court affirms judgment for insurance company after jury trial in insurance bad faith case.

Morrison v. Fire Insurance Exchange (2013)

Nevada Supreme Court holds that homeowner’s insurance policy does not cover policyholder for intentionally punching someone in the face.

Li v. Simpson Thacher & Bartlett LLP (2010)

California Court of Appeal affirms order denying motion to strike malicious prosecution action against Simpson Thacher & Bartlett.

Boeken v. Philip Morris USA, Inc. (2010)

California Supreme Court rules that a plaintiff who previously sued for loss of consortium based on a spouse’s personal injuries cannot, consistent with the res judicata doctrine, again pursue post-death consortium damages in a second lawsuit for wrongful death.

Publications