Terry Rowland Secures Another Defense Verdict

We are pleased to congratulate Terry Rowland on his defense verdict in Azizian v. Hartman, a hotly contested case where the defense offered $100,000 prior to the 3-week jury trial, in response to a 7 figure demand. The jury returned a unanimous verdict after less than an hour of deliberation.

Plaintiff Azizian was represented by Gary Chambers, Orange County Bar Association Trial Lawyer of the Year in 2001. His pretrial demand was $1,500,000, reduced to $750,000 during trial. He claimed that his client had sustained severe injuries following a rear-end accident, making him incapable of working and resulting in multiple surgeries. Plaintiff sought $317,000 in past medical specials and presented a life care plan asserting $1,281,455 in future care. He also claimed the loss of his plumbing business, with past and future losses of over $4,000,000. The defense was that there was only a minor impact, that the plaintiff had extensively over-treated with doctors selected by his attorneys and that his prior medical records and surveillance tapes refuted his claims of significant orthopedic injuries and posttraumatic stress disorder. The jury ultimately concluded that the plaintiff sustained zero damages as the result of the defendant’s admitted negligence.

Lisa Pan

Lisa L. Pan has over 40-years’ experience as a litigator, with a special emphasis on insurance coverage and large-loss claims. She also has experience evaluating insurance coverage for professional-liability cases involving insurance-agents, attorneys, accountants, engineers, securities brokers, real-estate professionals, pharmacists and podiatrists. Her current focus is on motions and appeals, especially on matters involving complex or novel legal issues, supporting both the Long Beach and San Francisco offices. Because of her expertise in motions and appeals, Lisa has associated in with other law firms in California and out of state pro hac vice on appellate matters or specialized motions. She has been counsel of record in appellate matters generating legal decisions in different jurisdictions, some decisions of which are frequently cited by the courts and counsel. Lisa has a long history of being a featured speaker in MCLE courses, training other attorneys, including in matters of legal research and writing, insurance coverage, and the use of acting techniques in courtrooms.

Lisa is also a retired professional actor who was a member of the Screen Actors’ Guild and a local board member of the American Federation of Television and Radio Artists. Off camera and on stage, she has performed with professional and semi-professional theatre and opera companies, and sings with the Los Angeles Lawyers Philharmonic (LA’s only “legal” orchestra) and the Long Beach Chorale.

Education

  • B.A. Economics, Stanford University (1981)
  • J.D. with honors, University of Washington School of Law (1984)

Bar Information

  • California State Bar (admitted 1997)
  • U.S. District Court (multiple states and districts beginning in 1984)
  • U.S. Court of Appeals ? Ninth Circuit (admitted 1984)
  • United States Supreme Court (admitted 1993)

Key Decisions

  • Am. States Ins. Co. v. Progressive Cas. Ins. Co., 180 Cal. App. 4th 18, 102 Cal. Rptr. 3d 591 (2009)
  • Tosco Corp. v. Gen. Ins. Co. of Am., 85 Cal. App. 4th 1016, 102 Cal. Rptr. 2d 657 (2000)
  • Sierra Pac. Indus. v. Am. States Ins. Co., 883 F. Supp. 2d 967 (E.D. Cal. 2012)
  • Am. States Ins. Co. v. Ins. Co. of the State of Pennsylvania, No. 2:12-CV-01489-MCE-DA, 2013 WL 918577, at *1 (E.D. Cal. Mar. 8, 2013)
  • Am. States Ins. Co. v. Ins. Co. of Pennsylvania, No. 2:12-CV-01489-MCE, 2014 WL 294969, at *1 (E.D. Cal. Jan. 24, 2014)
  • Am. States Ins. Co. v. Ins. Co. of the State of Pennsylvania, No. 2:12-CV-01489-MCE-AC, 2016 WL 1138142 (E.D. Cal. Mar. 23, 2016)
  • Odessa Sch. Dist. No. 105 v. Ins. Co. of Am., 57 Wash. App. 893, 791 P.2d 237, cause dismissed sub nom. Odessa Sch. Dist. No. 105 v. Ins. Co. of N. Am., 115 Wash. 2d 1022, 804 P.2d 9 (1990)
  • Glassman v. Safeco Ins. Co. of Am. (2023) 90 Cal. App. 5th 1281, as modified (May 17, 2023)

John Brydon Spoke on “Reptile Theory” at Events

San Francisco’s Managing Partner John Brydon spoke on defense tactics and strategies to combat the “Reptile Theory” at two events in Northern California. Mr. Brydon, who is the Chair of the Primerus Defense Institute of the International Society of Primerus Law Firms (www.primerus.com), was part of a panel presentation at that organization’s annual client Convocation. Prominent jury consultant and author Richard Gabriel (www.decisionanalysisinc.com/richard-gabriel-president) joined him on April 15th at the Silverado Resort in Napa, California. Mr. Brydon was also a featured speaker on the same topic on May 25th as part of the Annual Toxic Tort Seminar for the Northern California & Nevada Association of Defense Counsel (www.adcnc.com).

“Cases are not won by logic, you need to get the Reptile to tell the logical part of the juror’s brain to act on your behalf. To get the Reptile to do that, you have to offer safety.” (“Reptile Theory ” Ball & Keenan, 2009.)

John Brydon Presentation on Use of Experts in Insurance Bad Faith Cases

On January 13, 2016, our San Francisco office’s managing partner, John Brydon, joined two other San Francisco lawyers to discuss the use of experts in bad faith cases. The program was sponsored by the Bar Association of San Francisco. Topics included locating and preparing bad faith experts; admissible scope of their testimony; how to present these experts, and their role in the development (and defense) of punitive damage claims. Mr. Brydon presented the carrier’s perspective and was joined on the panel by Guy Kornblum and Charles Cochran of Kornblum, Cochran, Erickson and Harbison, LLP, who represent policyholders. Information on the program and the video presentation is available at https://basf.inreachce.com/Details?resultsPage=1&sortBy=recentlyaddedrecentlyadded&mediaType=05161b69-6364-40ca-9d3e-e9f3aee29a67&groupId=04b2f478-6df9-40d5-9ea8-c0b7b393e9ca.

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“Bad Faith Delay” Trial Ends in Defense Verdict

San Francisco Managing Partner John Brydon obtained a 12-0 defense verdict in a Napa County bad faith trial. Plaintiff Brenda Woods and her husband Carlos Rodriguez sued Mid-Century (a Farmers Company) over alleged delay in paying underinsured motorist policy benefits. San Francisco attorney Stephen Purtill claimed that Mid-Century should have immediately tendered the full amount of its remaining $150,000 policy limits after the insureds settled for $100,000 against the adverse driver in a 2012 rear-end accident in Napa. Mid-Century initially offered $10,000 new money, raised the offer to $20,000 but felt the need for cervical surgery was not clear, and required more substantiation. A little more than 6 months after the claim was perfected and shortly after getting confirmation that Ms. Woods had scheduled an artificial disc replacement surgery, Mid Century offered its policy limits. The jury deliberated for 45 minutes, returning a complete defense verdict. Pretrial demand was $3.5 million, with indications during trial of something around $1 million. Defendant served statutory pre-trial offers of $100,000 and $5,000 for Ms. Woods and her husband, respectively. Farmers successfully recovered in excess of $66,000 in expert fees and other costs.

Edison J. Demler

Edison J. Demler was born on November 23, 1916, and passed away on April 15, 2008, at the age of 91. He received both his Bachelor and law degrees from the University of California at Berkeley, served in the Navy during World War II, and was a highly successful trial attorney with an extraordinary record of success in several hundred jury trials throughout California.

Mr. Demler believed very passionately that the practice of law was a noble profession and that attorneys should develop their skills not only as advocates but as diplomats, negotiators, and counselors. He was well known for his impeccable manners, professionalism and dedication, and was well-respected by both bench and bar.

Ed was also an extraordinary mentor and spent countless hours educating the lawyers at Demler, Armstrong & Rowland in the art of jury trials, legal writing, client relations, and legal ethics. We were privileged to call him our mentor and friend, and we honor his legacy by our dedication to the same sort of professionalism, ethics and superior legal work that was the hallmark of his career.

Premises & Professional Liability

Demler, Armstrong & Rowland has successfully defended property owners in a wide variety of cases arising out of the ownership, maintenance and use of commercial and residential property and alleged landowner responsibility for criminal acts of third parties. Since the firm also specializes in the fields of insurance coverage and construction litigation, we also assist landowners in premises liability cases with issues such as additional insured endorsements and indemnity clauses in vendor/subcontractor contracts.

The firm’s attorneys also have extensive experience in defending of a wide range of professional liability claims, including legal malpractice, medical and dental malpractice, errors and omissions claims involving real estate brokers, insurance brokers and other professionals. Several of the firm’s senior attorneys in both Southern and Northern California have handled complex and serious professional liability claims against medical professionals, accountants, engineers, security brokers and real estate professionals. Long Beach Partner Jim Lemieux has handled a myriad of serious insurance agent/broker claims. In addition to representing attorneys against malpractice claims and in trial, San Francisco Managing Partner John Brydon has worked with a nationally known risk management consultant, assisting in helping law firms regarding compliance with insurer underwriting requirements and the implementation of practices and procedures designed to reduce potential professional liability claims and the cost of insurance. He has also acted as an expert witness on behalf of attorneys

Insurance Coverage

In the course of handling hundreds of insurance coverage matters for insurers and insureds, Demler, Armstrong & Rowland has saved clients hundreds of thousands of dollars in defense and indemnification costs by timely identification of appropriate insurance coverage issues and rapid prosecution of declaratory relief actions to establish the rights and liabilities of its clients. We have authored hundreds of pre-litigation coverage opinions on first and third party policy issues and conducted extensive Cumis fee arbitrations and audited numerous files involving over $1 million in billed fees.

In addition to providing coverage lectures and seminars, the firm’s attorneys are also available to testify as expert witnesses on issues of insurance coverage. We have also worked with the insurance industry to help draft changes in policy language to comport with the legislative and judicial changes in Insurance Law.

Insurance Bad Faith

For nearly three decades, Demler, Armstrong & Rowland has been a leader in the field of insurance bad faith, representing various carriers in litigation arising under commercial, homeowner, auto, life and disability policies. The firm has handled bad faith matters in California in both state and federal courts, and has also successfully defended insurers in the Courts of Appeal and the Supreme Court. We have also defended insurers in bad faith litigation in a wide variety of jurisdictions, including Hawaii, Oklahoma, Washington and Nevada.

In California, Demler, Armstrong & Rowland has led the field in bad faith litigation, with a winning track record in better than 90% of its jury trials and appeals. We have also handled complex bad faith litigation arising from natural catastrophes, such as the Northridge Earthquake and Oakland Hills Fire. As a result of this experience, we have developed a broad expertise in the mechanics of proper claims handling and utilize this knowledge to either aggressively defend non-meritorious claims or to counsel early resolution of claims involving potential serious exposure to the client.

In addition to trial work, the firm’s attorneys are available for consultation on problem files. We have also assembled a lecture series on bad faith issues, which is provided to insurer clients free of charge, as a matter of maintaining a “hands on” attorney-client relationship.

Construction Litigation

For over 20 years, Demler, Armstrong & Rowland has successfully represented contractors, subcontractors and product manufacturers in lawsuits arising out of allegedly defective workmanship or products in thousands of residential and commercial construction projects throughout California. The firm’s construction attorneys are well-known throughout the state and are frequently asked to speak at industry functions and seminars. Our success on behalf of our clients is the result of experience, hard work and a common-sense approach to what can be lengthy and expensive litigation if not properly managed. We are currently panel counsel for nearly every major insurance carrier in the construction industry, and also proudly represent clients who are self-insured or who have high deductibles or SIR’s.

Casualty Defense

Demler, Armstrong & Rowland, LLP, is a litigation firm, first and foremost. We are called upon by our clients to try their toughest cases, frequently having the files transferred to us on the eve of trial. Our focus over the years has been insurance bad faith, including insurance coverage, and high-end personal injury cases as well as construction defect matters. We have also successfully litigated business fraud and breach of contract actions for local businesses and stand ready to help our clients in all arenas.

Asbestos Litigation/Products Liability

Demler, Armstrong and Rowland has extensive trial and litigation experience in products liability; toxic tort and asbestos cases usually found only in much larger firms. Our lawyers have represented dozens of product defendants in hundreds of lung cancer and mesothelioma cases in State and Federal Courts throughout California, and partner John Brydon serves as National Trial Counsel for major product manufacturers, a position which has allowed him to try asbestos cases to juries across the United States. The firm also defends non-asbestos related products manufacturers in a variety of personal injury and class action matters.

Wigfall v. R. K. Properties

Plaintiff rented an apartment in defendant’s apartment complex. During an altercation she was pushed or fell through a floor to ceiling window on the second floor, rendering her paraplegic. Plaintiff contended that the window should have been protected with safety glass or protective bars and said she had complained about the flimsy window before her accident. Defendant contended that plaintiff was intoxicated at the time of her fall and denied ever receiving any complaints about the window.
Demand $2,000,000
Offer $200,000
Verdict DEFENSE
Insurer Century National

Sun v. Winter

Assault and battery claim arising out of a “gang fight” between two groups of high school students. Plaintiff sued the parents of his assailants, claiming they were vicariously liable per Civil Code section 1714.1 and Education Code section 48904. He claimed a permanent brain injury and severe memory deficits. Defendants argued that there was no evidence of negligent supervision by the parents and disputed the nature and extent of plaintiff’s damages.
Demand $110,000 as to all defendants.
Offer $71,500 from all defendants.
Verdict DEFENSE
Insurer Century National

Reynolds Seafood v. Matlow Kennedy

Lawsuit against a commercial realtor for breach of contract and fiduciary relationship wherein plaintiff claimed that his real estate broker negligently failed to investigate whether the City of Long Beach would allow him to operate a seafood processing business before the lease was signed. Plaintiff claimed a total of $8,600,000 in damages for lost profits, goodwill, improvements to the building and lease costs. Defendant contended that agents do not become “middle men” between tenants and cities, and that plaintiff had told the broker that he had checked with the city and had been advised that a seafood processing business was a permitted use.
Demand Payment of $600,000 in outstanding judgments, plus an “undetermined amount” in additional damages.
Offer $20,000
Verdict DEFENSE. Cost bill of $7,000 filed by defendant.
Insurer Hartford Financial

Paragon v. Weber-Madgwick

Following a flood at a condominium project which caused over $2 million in damages, developer Paragon and its insurer, North American Specialty Insurance Company sued defendant Weber-Madgwick for contractual indemnity and subrogation, claiming that the defendant’s grading operations on the project created an artificial dam which flooded after being filled with rain water.Weber-Madgwick contended that Paragon had failed to take the necessary protections against rain and erosion control and also contended that a release signed by the parties after the flood provided Weber-Madgwick with a complete defense to all claims.

The affirmative defense of the release was bifurcated and tried as a court trial.

Demand
Offer
Verdict Judge Thomas L. Willhite found in favor of the defendant and Weber-Madgwick submitted a claim for attorneys fees based upon the terms of the release agreement.
Insurer Lloyds of London

Niguel Summit v. Zanderson

The owner of a Laguna Niguel apartment complex sued the general contractor and its subcontractors, alleging various construction defects and associated damages. Our client, the drywall subcontractor for the project, was accused of creating structural and fireproofing deficiencies in the project, and was sued for negligence, breach of express and implied warranty, breach of contract and express indemnity.
Demand
Offer
Verdict DEFENSE
Insurer CNA

Marzbetuny v. Safeco

This was a case of insurance bad faith resulting from a claim for earthquake damages following the Northridge earthquake. Safeco determined that the damage to the dwelling was below the plaintiff’s $35,000 deductible but plaintiff’s expert claimed that there was major hidden damage to the home caused primarily by the movement of a 30 ton chimney. Plaintiff eventually sold the home but claims she did so for “land value” even though the sale price was over $1 million.
Demand $450,000 for the cost of repair.
Offer $50,000 as a starting point for negotiations. No further settlement discussions took place.
Verdict DEFENSE. Defendant filed a cost bill in the amount of $35,000. (12/04)
Insurer Safeco

Martinez v. Willamette Industries

Personal injury lawsuit wherein plaintiff claimed over $200,000 in present and future medical expenses for multi-level lumbar surgery and fusion following a commercial truck rollover on the I-5 Freeway near Castaic. Plaintiff contended that the defendant improperly loaded waxed produce boxes in his flatbed trailer, causing the trailer and cab to flip over when the improperly loaded cargo shifted. Defendant contended that the pallets were properly loaded and that the accident was exclusively the result of plaintiff’s improper driving.
Demand Unspecified, but plaintiff stated that he would not settle for less than “six figures,” including the settlement of a $228,000 workers’ compensation lien.
Offer $60,000 at the MSC, later withdrawn. CCP § 998 offer of $15,000 before trial.
Verdict DEFENSE. Cost bill of $12,525 filed by defendant.
Insurer Safeco

Lampert v. Evanston Insurance Company

Federal court lawsuit for insurance bad faith. Plaintiff was an attorney who obtained an errors and omissions policy with the defendant and later sought a defense and indemnity against a claim by the Lutheran Synod Foundation for the alleged conversion of $1.9 million from an estate which the insured was hired to administer. Coverage counsel hired by the defendant discovered that the insured had failed to disclose a State Bar disciplinary proceeding in his insurance application. Consequently, the request for a defense and indemnity was denied. Plaintiff then sued, seeking recovery of the $1.5 million judgment against him plus interest (a total of $2.3 million). Defendant filed a cross-complaint seeking rescission of the insurance policy.
Demand $2.3 million, reduced to $1.8 million at the beginning of trial.
Offer $50,000 with an indication of more if plaintiff would reduce its demand.
Verdict DEFENSE. The court also granted rescission of the cross-complaint based upon material misrepresentations in the insurance application.
Insurer Evanston

Khawaja v. Toyota Motor Sales

Plaintiff Hussain Khawaja purchased a new 2005 Lexus from Lexus of Westminister and, after driving it about 3,000 miles, complained to the dealer of rattling noises from the dashboard and driver’s door. Repairs were performed on several occasions over the next several months and plaintiff filed suit against Lexus, asking that they repurchase the vehicle.
Demand At trial, plaintiff sought reimbursement of the $53,000 purchase price, but eventually reduced that demand to $18,500.
Offer $1,000
Verdict DEFENSE (11/06)
Insurer

Handley v. Springdale West Apartments

Plaintiff, a 31-year-old African American tenant at the Springdale West Apartments, claimed that he was attacked by defendant’s security guards and repeatedly subjected to pepper spray, baton strikes and choke holds. After receiving emergency medical treatment at St. Mary’s hospital, plaintiff was charged with battery and spent six days in jail. Thereafter, the charges were dropped based upon insufficiency of the evidence. Plaintiff then sued the security guards, the property management company and the apartment complex for civil violations, racial discrimination, assault and battery, false arrest and intentional infliction of emotional distress. Defendant contended that plaintiff was uncooperative with the security guards when they attempted to disperse an unruly crowd and that plaintiff’s injuries were sustained when they were lawfully attempting to take him into custody.
Demand $75,000 via CCP § 998, increased to $130,000 during trial.
Offer $7,501 via CCP § 998
Verdict DEFENSE. Defense verdict following a four-week trial. Defendant filed a cost bill of $8,200. Plaintiff’s motion for new trial and motion for JNOV were denied.
Insurer Ward North America

Dunham v. 20th Century

Insurance bad faith case where plaintiffs sued their insurer under various theories, claiming that they were owed an additional $140,000 for earthquake damages, despite the fact that the carrier had already paid $630,000. We cross-complained against the insureds, contending that they had made material misrepresentations and submitted some fraudulent receipts in the course of presenting their claim so that the policy should be void. Following a month long trial, the jury returned a unanimous verdict in favor of 20th Century on the bad faith claim and also awarded $630,000 in damages on the cross-complaint plus an additional $50,000 in punitive damages. With pre-judgment interest and costs, the net judgment against the plaintiffs/cross-defendants amounted to nearly $1 million.
Demand $600,000
Offer None
Verdict DEFENSE
Insurer 20th Century

DeArmond v. Shanfeld

Lawsuit for retaliatory eviction, violation of Rent Stabilization Ordinance and negligence seeking damages for emotional distress, attorneys fees and punitive damages. Plaintiff contended that defendants unlawfully attempted to evict her and improperly sued for unlawful detainer under a pretext, all for the purposes of raising the rents in violation of the Rent Stabilization Act. Defendants argued that they complied with the spirit of the Rent Stabilization Ordinance and that the unlawful detainer action was brought in good faith and upon the advice of counsel.
Demand $250,000 before trial. Jury requested to award $400,000.
Offer $22,000
Verdict DEFENSE
Insurer Century National

Bubonic v. Safeco

Plaintiffs Thomas and Mary Ann Bubonic claimed that while they were staying at the Ritz Carlton Hotel in Rancho Mirage, jewelry with a value of over $300,000 was stolen from them. Their insurer, Safeco, denied the claim based upon their lack of cooperation and based upon Safeco’s conclusion that the theft simply did not occur. The Bubonics brought suit for bad faith in superior court and Safeco removed the matter to federal court. After the trial court granted Safeco’s motion for summary adjudication on the issue of insurance bad faith, a jury returned a defense verdict on the breach of contract claim.

Demand
Offer
Verdict DEFENSE. Safeco filed a cost bill seeking $23,787.78 plus nearly $4,000 in sanctions against plaintiffs’ counsel. (1/04)
Insurer Safeco

Barnett v. Safeco

Heavy rains entered the home of Richard and Paula Barnett as a result of defective roof construction and surface water against the home. First National paid $33,000 on the claim but the insured sued for breach of contract and bad faith, claiming that at least $70,000 was due for the damages to the home, that nearly $100,000 was due on an additional living expense claim and that a $10,000 mold limit on the policy should not apply.We defended First National by arguing that there was no coverage in the first place due to the applicability of a rarely-litigated exclusion for “weather conditions” when rain acts in conjunction with other excluded perils to bring about the damage. Following a 5-week jury trial and after just over an hour of deliberations, the jury returned a full defense verdict, finding no covered damages.

Demand $8.2 million, including $225,000 for emotional distress and over $200,000 for attorney fees.
Offer
Verdict DEFENSE. First National was awarded its costs in the amount of $39,057.44
Insurer Safeco

Arshad v. Colonial Penn

Bad faith claim following Oakland Hills fire which totally destroyed plaintiffs’ hillside residence. Plaintiffs were paid $320,000 but after discovering that plaintiffs had lied about their living expense claim, defendant denied further payments.

Demand $1,098,000 in repair costs plus “millions” in punitive damages, plus $185,000 on contents, plus $432,000 for six years loss of use.
Offer Allow plaintiffs to keep all benefits paid plus an additional $400,000.
Verdict DEFENSE
Insurer Colonial Penn

Bruce Sample

Bruce Sample joined Demler, Armstrong & Rowland shortly after graduating from Southwestern University School of Law, where he attended on a full academic scholarship, was a member of the Law Review and graduated with Honors in the top 10% of his class. In over two decades of practice at the firm, Bruce was a shining star and became an expert in the fields of insurance bad faith and casualty litigation, obtaining defense verdicts in 13 out of 17 jury trials. He was admired and respected by all of his fellow attorneys, support staff, clients and opposing counsel for his broad knowledge of the law, his compassion and his extraordinary wit and sense of humor. Over the years, Bruce also mentored countless young associates and his positive impact on their lives and legal careers is his lasting legacy.

Bruce was a devoted family man who loved his three children and his wife, Katie, beyond measure. He was also a cancer survivor and an inspiration to all who knew him.

Timothy Lippert

Timothy Lippert, a litigation and trial partner, practices personal injury defense and insurance bad faith litigation.  Early in his career, Mr. Lippert gained experience in employment litigation and defending physicians and hospitals in medical malpractice lawsuits.  He handles all types of insurance defense matters, having taken many cases through arbitrations and trials.  He currently focuses on representing property owners and government entities in premises liability cases, including the defense of serious injury/wrongful death actions.  

EDUCATION

  • Pepperdine University, School of Law, J.D., 1991
  • University of California, Los Angeles, B.A., 1987

BAR INFORMATION

  • California Bar, 1992
  • United States District Court, Central District of California, 1992

Paul M. Bessette

Paul Bessette is a senior litigator with over twenty-five years of experience in corporate defense, products liability, construction defect, toxic tort and asbestos litigation.  Mr. Bessette’s work has included all aspects of litigation, including multiple trials.  He has represented a wide array of clients, including national defense contractors, elevator/escalator manufacturers, construction contractors, motor vehicle manufactures, airlines, construction tool manufacturers, medical professionals, consumer self-storage operators, and maritime cargo carriers in corporate defense, products liability, construction defect, toxic tort and asbestos litigation.  Mr. Bessette’s work has included all aspects of litigation, including multiple trials.

EDUCATION

  • University of San Francisco, School of Law, JD, 1986
  • Boston College, BA, 1980

BAR INFORMATION

  • California, 1987
  • United States District Court, Northern District of California
  • United States District Court, Central District of California
  • United States District Court, Southern District of California

Randy A. Moss

Randy A. Moss is an attorney in the firm’s San Francisco office, where his practice focuses on insurance bad faith litigation, personal injury defense, and general civil litigation. He has extensive experience in insurance defense litigation, representing the interests of insurance companies and protecting the interests of their insureds. He has also handled professional negligence cases involving claims of dental malpractice throughout the State of California, where some of the matters involved alleged criminal conduct on the part of the dentists, including allegations of sexual assault and battery. Prior to joining Demler, Armstrong & Rowland, Mr. Moss was most recently engaged as in-house counsel with the California staff legal office of The Hartford Insurance Company.

In addition to representing insurance companies in bad faith, coverage litigation, subrogation, and uninsured motorist claims, Mr. Moss’s experience also includes defending individual and corporate personal injury clients in product liability, premises liability, motor vehicle, bicycle, and severe dog bite cases, as well as significant property damage cases involving fire, storm, and flood damage. His corporate clients have included Costco, 7-Eleven, Montgomery Ward, AAMP of America, and MPBS Industries. In addition to his work for The Hartford, Mr. Moss has represented insurers such as 21st Century, USAA, State Farm, Farmers, and Transamerica. Mr. Moss also has several years’ experience defending dentists and dental corporations in professional negligence matters

Mr. Moss is a lifelong resident of California. He lives with his family in Walnut Creek, and is a fluent speaker of French.

Reported Case

  • Alexandria S. v. Pacific Fertility Medical Center (1997) 55 Cal.App.,4 th 110

Practice Areas

  • Insurance Litigation
  • Insurance Bad Faith
  • Personal Injury Defense
  • Products Liability Defense
  • Professional Negligence Defense

Admitted to Practice

  • State Bar of California, 1991
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Federal (D.C.) Circuit
  • U.S. District Court, Northern and Central Districts of California
  • U.S. Court of Federal Claims

Education

  • University of California, Los Angeles (B.A., 1988)
  • University of California, Hastings College of the Law (J.D.,1991), on the editorial board of the Hastings International and Comparative Law Review and member of the Hastings Communications and Entertainment Law Journal.

David A. Ring

David Ring?has broad experience in insurance coverage and litigation, including commercial general liability, homeowners, auto, fidelity, directors and officers, professional liability, and commercial crime, as well as insurance bad faith. His practice also includes appellate work; personal injury defense; commercial lease disputes and the economic loss rule; product liability; homeowner liability for injury to unlicensed workers; property disputes, including adverse possession and prescriptive and equitable easement claims; and UCC Articles 3 & 4 analysis.

Highlights include successful appeal of demurrer overrule in bad faith coverage action impacting multiple pending actions,?Westmoreland v. Fire Ins. Exchange?(2021) 73 Cal.App.5th?269; minimal verdict in?Sepulveda, et al. v. Monetary Management, et al.,?direct victim NIED action in Central District of California (2022); non-binding arbitration win in?City of San Diego v. PRISM?(2022); appellate wins in?Kim v. Vivas?(2021),?Dunahoo v. Foremost Ins. Co. (2020),?Garland v. Young?(2019),?Croteau v. Harbach?(2016),?Ware v. Tydell?(2016) (reversal of Anti-SLAPP motion denial);?Yang v. Clawson?(2014),?Stafford v. Dille?(2014),?Molle-Johnson v. Alderson?(2012), and?Chapelle v. Alliance United?(2012); trial win upheld on appeal in catastrophic injury case,?Carachure v. Scott?(2018); trial win with nearly full fee recovery in defense of a fire loss subrogation action,?TDIC v. Buon Gusto?(2015); summary judgment in bad faith cross-complaint in Southern District of California upheld on appeal in?Foremost Ins. Co. v. Enriquez?(2015); summary judgment in defense of catastrophic injury case,?Brown v. Conveyor Components?(2010).???

Mr. Ring began with Demler, Armstrong & Rowland in January 1998, moved to Sedwick, Detert, Moran & Arnold in 2000, and in 2010 returned to Demler, where he became a partner in February 2012.

EDUCATION

  • University of Washington School of Law, LL.M. with Distinction, 1995
  • Whittier Law School, J.D., Summa Cum Laude/Valedictorian, 1994
  • University of California at Berkeley

BAR INFORMATION

  • Washington, 1995
  • California, 1997
  • U.S. District Court for the Northern, Central and Southern Districts of California

PUBLICATIONS

  • Contributor: “Conditions to Recovery: Termination or Cancellation,” Financial Institution?Bonds (3d ed. ABA 2008).
  • Contributor: Directors & Officers Liability Insurance Deskbook (2d ed. ABA 2007).
  • “Recurring Issues in Rescission Cases,” 42 Tort Trial & Ins. Law Journal 51 (Fall 2006).
  • Contributor: “The Other Insuring Agreements of Commercial Crime Policies,” Commercial?Crime Policy (2d ed. ABA 2005).
  • “Sustainability Dynamics: Land-Based Marine Pollution and Development Priorities in the?Island States of the Commonwealth Caribbean,” 21 Columbia J. Envt’l Law (1997).

John R. Brydon

John R. Brydon, the firm’s managing partner of the San Francisco office, is an AV-Preeminent rated attorney by Martindale-Hubbell.

He has been a member of the American Board of Trial Advocates for nearly 30 years, where he holds the rank of Diplomate and has been a Certified Specialist in Civil Trial Law and Diplomat of the National Board of Trial Advocacy for over 25 years. He is Senior Fellow of the Litigation Counsel of America and the American Bar Foundation. He has been rated and included by his peers in such organizations as Super Lawyer, America’s Top 100 Civil Defense Litigators, Top Attorneys of North America Who’s Who and Lawyers of Distinction.

With over 40 years of trial experience, Mr. Brydon has successfully defended and tried to verdict scores of high-exposure complex personal injury, product liability, insurance coverage and bad faith trials throughout California and around the country, including cases involving issues of punitive damage exposure for major corporate and insurer defendants. He has been included on the national trial teams of several corporate clients and has been admitted pro hac vice as trial counsel in multiple jurisdictions. He has also handled a variety of professional liability cases, including insurance broker E&O, medical, dental and legal malpractice cases. He has represented attorneys through the years, including a legal malpractice defense verdict at trial that included recovery of the client’s disputed fees, and has served as an expert witness in legal malpractice matters. Also, he has also consulted with a leading risk management consulting firm to assist in providing placement services for troubled law firms.

Mr. Brydon has successfully argued cases before the California Courts of Appeal, State Supreme Court, and 9th Circuit Court of Appeals. He was lead trial and appellate counsel in Buss v. Superior Court (1997) 16 Cal. 4th 35, a nationally recognized decision that extends to insurance companies a right to seek reimbursement for defense costs expended to defend non-covered claims asserted against policyholders. In the California Supreme Court decision of PPG Industries, Inc. v. Transamerica Ins. Co. (1999) 20 Cal. 4th 310, he successfully argued for limits on the types of damages recoverable against insurance companies in bad faith cases based on alleged failure to settle within policy limits. An active member of the DRI and Association of Defense Counsel, Mr. Brydon has lectured on topics of defense in bad faith lawsuits, insurance coverage disputes, defense of products liability claims, and trial practice. He has been appointed to the Executive Board of the Defense Institute of the International Society of Primerus Law Firms where he served as Chairman 2015-2016.

EDUCATION

  • B.A. from the University of the Pacific in 1972
  • M.A., Communication Studies, California State University, Sacramento in 1975
  • J.D. from the University of the Pacific, McGeorge School of Law in 1978; on the editorial board of the Pacific Law Journal (now McGeorge Law Review) and a national finalist in the American College of Trial Lawyers’ mock trial competition.
  • Law Clerk to Hon. James H. Thompson, 2nd Judicial District, State of Nevada, 1981-1982.

Bar Information

  • 1978, California
  • 1982, Nevada;
  • U.S. Court of Appeals, Ninth Circuit;
  • U.S. District Courts: Central, Southern, Northern and Eastern Districts of California;
  • U.S. District Court, District of Nevada;
  • U.S. Court of Federal Claims

BAR ASSOCIATIONS AND ORGANIZATIONS

  • Bar Association of San Francisco
  • American Board of Trial Advocates (1991-Present; Current Rank of Diplomate)
  • National Board of Trial Advocacy (1993 ? Present) (Certified in Civil Trial Advocacy and Civil Pretrial Practice)
  • Senior Fellow, Litigation Counsel of America
  • Fellow, American Bar Foundation
  • Association of Northern California Defense Counsel (ADC)
  • Defense Research Institute (DRI)
  • Member Executive Board, Primerus Defense Institute, International Society of Primerus Law Firms (Chairman 2015-1016)
  • Selected to Super Lawyers (2006-2014)
  • Selected to Lawyers of Distinction
  • Named Top 100 Civil Defense Litigators (Northern California)
  • Included in Top Attorneys of North America (Who’s Who)

PUBLISHED DECISIONS

  • PPG Industries, Inc. v. Transamerica Ins. Co. (1999) 20 Cal.4th 310
  • Buss v. Superior Court (1997) 16 Cal.4th 35
  • Burns v. 20th Century Ins. Co. (1992) 9 Cal.App.4th 1666
  • Weiss v. Chevron, U.S.A., Inc. (1988) 204 Cal.App.3d 1094
  • Skyway Aviation, Inc. v. Troyer (1983) 147 Cal.App.3d 604

PRESENTATIONS

  • AUGUST 1994 Association of Defense Counsel (ADC), Annual Bad Faith Seminar, Preventing Bad Faith Claims Handling, Monterey, California
  • AUGUST 1996 Association of Defense Counsel (ADC), Annual Bad Faith Seminar, Allocation and Reimbursement of Defense Costs for Non-Covered Claims, Monterey, California
  • JUNE 2000 Defense Research Institute (DRI), Annual Insurance Coverage & Practice Seminar, Role of Litigation Privilege in Defending Bad Faith Cases, San Francisco, California
  • FEBRUARY 2001 National Business Institute (NBI) (Institute for Paralegal Education), Advanced Civil Discovery for the Litigation Paralegal in California, San Francisco, California
  • JUNE 2001 National Institute for Trial Advocacy (NITA), Instructor, Western Regional Program Trial School, Berkeley, California
  • OCTOBER 2001 National Institute for Trial Advocacy (NITA), Instructor, Western Deposition Program, San Francisco, California
  • OCTOBER 2002 National Institute for Trial Advocacy (NITA), Instructor, Western Deposition Program, San Francisco, California
  • DECEMBER 2002 Association of Defense Counsel (ADC), 43rd Annual Meeting, Revisiting Cumis, San Francisco, California
  • JANUARY 2003 National Business Institute (NBI), Litigating Your First Civil Case In California, San Francisco, California
  • JUNE 2003 National Institute for Trial Advocacy (NITA), Instructor, Western Regional Program Trial School, Berkeley, California
  • JUNE 2003 National Business Institute (NBI), Litigating Your First Civil Case In California, San Jose, California
  • OCTOBER 2003 National Institute for Trial Advocacy (NITA), Instructor, Western Deposition Program, San Francisco, California
  • FEBRUARY 2004 National Business Institute (NBI), Litigating Your First Civil Case In California, San Francisco, California
  • JUNE 2006 American Conference Institute (ACI) Evolving Causation Theories for Low-Dose Exposure Claims, Las Vegas, Nevada (June 16, 2006)
  • MAY 2007 Association of Defense Counsel (ADC), Trial Defense Strategy In Navy Exposure Cases, San Francisco, California (May 1, 2007)
  • NOVEMBER 2007 National Business Institute (NBI), Panel Moderator ? What Civil Judges Want You To Know California, San Francisco, California (November 9, 2007)
  • APRIL 2009 Association of Defense Counsel (ADC), Mock Trial Asbestos Defense Closing Argument, San Francisco, California (May 19, 2009)
  • SEPTEMBER 2009 National Business Institute (NBI), Panel Moderator ? Civil Court Judicial Forum, San Francisco, California (September 25, 2009))
  • APRIL 2010 International Society of Primerus Law Firms, Avoiding Excess Verdicts: Strategies and Considerations for the Insurance Carrier and the Insured, Scottsdale, Arizona (April 23, 2010)
  • MAY 2010 Association of Defense Counsel (ADC), Winning Defense Strategies; Defense Trial Themes, San Francisco, California (May 4, 2010)
  • SEPTEMBER 2010 International Society of Primerus Law Firms, Avoiding Bad Faith Liability, Chicago, Illinois (September 24, 2010)
  • APRIL 2011 International Society of Primerus Law Firms, Reducing Damages In Catastrophic Injury Cases ? Use Of Experts, Naples, Florida (April 9, 2010)
  • JULY 2011 International Society of Primerus Law Firms, Warnings ? Scope of and Exceptions to Duty to Warn; Webinar (July 21, 2011)
  • APRIL 2012 International Society of Primerus Law Firms, Jury Deselection Strategy & Science, San Diego, California (April 20, 2012)
  • JUNE 2012 Association of Defense Counsel (ADC), Friction Defense ? Selling State of The Art, San Francisco, California (June 12, 2012)
  • DECEMBER 2012 International Society of Primerus Law Firms, “Whose Product Is It Anyway” Emerging Trends & Developments In Products Liability Law & Litigation Webinar (December 12, 2012)
  • APRIL 2013 International Society of Primerus Law Firms, Strategies. Techniques & Creative Approaches to Settlement of High Value and Complex Damages Cases, Baca Raton, Florida (April 26, 2013)
  • SEPTEMBER 2013 International Society of Primerus Law Firms, Presentation Chair, The Company On Trial ? Defending Corporate Claims & Witnesses, Chicago, Illinois (September 20, 2013)
  • APRIL 2014 International Society of Primerus Law Firms, Program Chair, Defending The Company Client, Scottsdale, Arizona (April 25-26, 2014)
  • OCTOBER 2014 Captive Resources Insurance Group, Mock Trial Presentation, Las Vegas, Nevada (October 16, 2014)
  • OCTOBER 2015 International Society of Primerus Law Firms, Legal Risk Management Seminar: A Comparative Analysis by World Region; A Global Comparative Approach to Litigation & Dispute Resolution, Amsterdam, Netherlands (Panelist) (October 1, 2015)
  • JANUARY 2016 Bar Association of San Francisco, Using Expert Witnesses in Insurance Bad Faith and Coverage Litigation: Overcoming Obstacles in Presenting Expert Opinion Testimony, San Francisco, California (January 13, 2016)
  • APRIL 2016 International Society of Primerus Law Firms, Identifying and Countering Plaintiff’s Reptile Strategies, Napa, California (April 22, 2016)
  • MAY 2016 Association of Defense Counsel (ADC), Toxic Tort Program, Defending Plaintiff’s Reptile Theory Tactics, San Francisco, California (May 25, 2016)
  • OCTOBER 2016 Thomson Reuters, Mediation and Negotiation Strategy How the Mediation Process Has Changed, and What You Can Do to Make It Work for Your Client (October 18, 2016)
  • MAY 2017 Association of Defense Counsel (ADC), Toxic Tort Program, Debunking Junk Science and Measuring the Expertise in Expert Opinion (May 24, 2017)
  • APRIL 2018 Litigation Counsel of America, Renaissance Symposium XIII, San Francisco, 20th Century Lawyers and 21st Century Jurors (April 20, 2018)
  • NOVEMBER 2018 International Society of Primerus Law Firms, Program Chair for 2018 Primerus Defense Institute, Fall Seminar- Autonomous Vehicles: A Look in to the Coverage, Product Liability and Transportation Issues, Chicago, IL (November 9, 2017)
  • APRIL 2019 International Society of Primerus Law Firms, AI and the Practice of Law, Boca Raton, FL (April 6, 2019)
  • AUGUST 2020 International Society of Primerus Law Firms, All right Mr. DeMille, I’m ready for my close-up! What trial lawyers need to know to make the transition to online trials. (August 14, 2020)
  • APRIL 2021 San Luis Obispo Bar Association, Zoom Jury Trials (April 4, 2021)
  • JUNE 2021 San Francisco Bar Association, Virtual Technology and its Application to Civil Litigation ? Post COVID-19 (June 3,2021)

Brian C. Dunn

Brian Dunn, a litigation and trial partner in the firm’s Long Beach office, specializes in the representation of contractors, manufacturers, and material suppliers in complex construction, product liability, contract, and business disputes.  His extensive litigation experience has encompassed multi-million dollar construction defect claims involving residential, commercial, industrial, and governmental projects, multi-million dollar product liability claims, property damage and contract claims relating to home improvement projects, premises liability and personal injury claims, as well as insurance bad faith claims.

Brian is always looking for the most efficient method to achieve his client’s goals and, as such, in addition to his trial and litigation practice, he is certified in Alternative Dispute Resolution from the prestigious Straus Institute for Dispute Resolution.  He also regularly handles contract negotiations and insurance coverage matters for a variety of small businesses and corporate clients, including providing advice on risk management and litigation avoidance strategies.

When away from the office, Brian enjoys traveling the world with his family, and volunteers his time for a variety of causes and organizations.  He also coaches his daughter’s competition travel soccer team and is active in his son’s Boy Scout troop.

EDUCATION

  • Pepperdine University, School of Law, JD, cum laude, 1998
  • Pepperdine University, Political Science, BA, cum laude, 1995

BAR INFORMATION

  • California, 1998
  • United States District Court, Central District of California, 1998

PUBLISHED DECISIONS

Bramalea California, Inc. v. Reliable Interiors, Inc.  (2004) 19 Cal.App.4th 468

Edward P. Tugade

Edward P. Tugade is an AV Preeminent-rated attorney with over 20 years of civil litigation experience. As a partner in the firm’s San Francisco office, Mr. Tugade helps clients with a range of cases involving Transportation/Trucking, Wrongful Death, Auto/Truck Casualty Claims, Products Liability, General Liability, Professional  Liability, Premises Liability, and Toxic Torts Litigation. He has worked extensively on multiple trials, appeals, and in the management of complex cases in different jurisdictions, both as, and with, national counsel for various clients in state and federal courts. He is a decorated combat action veteran of the U.S. Marine Corps and supervised its JAG law center. In 2002, he was honorably discharged after over 10 active-duty years of military service.

Mr. Tugade earned his J.D. from U.C. Hastings College of the Law, and his B.A. from The College of William & Mary. He has written and lectured on various legal topics as an adjunct professor of law, and is regularly invited to speak at legal and business conferences and seminars. He is fully engaged in the community and maintains multiple leadership positions including President and Executive Officer, Director, and Chairperson of the Association of Defense Counsel of Northern California and Nevada (a 700+ membership of civil defense attorneys), actively involved in many of its committees, as well as several bar associations, such as DRI, Primerus, and the Association of Defense Trial Attorneys.

He is admitted to practice before all courts in the State of California, the United States District Court (Northern, Central, Eastern, and Southern Districts) and the Ninth Circuit Court of Appeals.

Tamara A. Laskin

Tamara Laskin is a partner in the Long Beach office and focuses her practice on construction defect litigation.  She has extensive experience representing subcontractors throughout California involving construction deficiencies in both residential and commercial settings.  Ms. Laskin has successfully resolved numerous construction defect matters through litigation, arbitration and trial, and has also defended numerous bad faith insurance claims arising out of the Northridge earthquake.

Ms. Laskin was an HB Litigation Conference panelist providing the subcontractors’ perspective on construction defect litigation of high-end/custom homes.  She is an avid sports fan and participated in the WIN (Women’s Initiative & Network) program launched by previous Los Angeles Dodgers’ president, Jamie McCourt.

 EDUCATION

  • University of California, Irvine, B.A. English, 1992
  • Southwestern University, School of Law, 1996

BAR INFORMATION/EXPERIENCE

  • California Bar, 1996
  • Joined Demler, Armstrong & Rowland, LLP, 1997
  • Partner, Demler, Armstrong & Rowland, LLP, 2004

 

Bjorn C. Green

Bjorn Green has been with the firm for 22 years and currently divides his time between handling general liability cases and managing the firm’s Construction Law practice, which primarily focuses on the defense of contractors, subcontractors, product manufacturers and component part suppliers in defect and product liability cases. His background in construction law is a natural fit for the defense of our contractor clients involved in construction-related personal injury and property damage cases. Since trying his first case in 1997, Mr. Green has had the opportunity to represent clients in numerous trials and arbitration proceedings throughout Southern California. He has defended and tried to verdict numerous personal injury cases, as well as lawsuits involving common interest developments, high-end custom homes, schools, hotels, and commercial projects.

Mr. Green is a well-known construction litigator, currently serves as co-chair of the Construction Substantive Law Committee for the Association of Southern California Defense Counsel and is a frequent speaker at industry functions and continuing education seminars on topics such as litigation and trial strategy, contractual indemnity, and insurance coverage issues relevant to construction litigation.

Mr. Green represents clients and insurance carriers in all aspects of civil litigation, including personal injury and product defect cases, landlord-tenant disputes, landslide litigation, insurance bad faith lawsuits, and insurance coverage matters. Significantly, he has achieved a Martindale-Hubbell rating of AV Preeminent based upon peer reviews which rank him at the highest level of excellence and ethical standards in the legal profession.

EDUCATION

  • Pepperdine University School of Law, JD (cum laude), 1993

  • University of California, Santa Barbara, BA 1990

BAR INFORMATION

  • California State Bar, 1993

  • United States District Court, Central District of California

RECENT SPEAKING ENGAGEMENTS

  • Association of Southern California Defense Counsel 2014 Construction Defect Seminar

  • HB Litigation Conferences 2011 Construction Litigation Leaders’ Forum

  • Association of Southern California Defense Counsel  2011 Construction Defect Seminar

James P. Lemieux

James Lemieux, a litigation and trial partner, practices insurance bad faith and coverage litigation, personal injury defense, fraud/SIU investigations, and small business claims involving contracts and fraud.  He also handles broker/agent liability cases involving their liability for placement of coverage on auto, homeowners’ and commercial liability policies, including a matter where the broker failed to place coverage for a large parking valet company which involved over 20 different claims that were not covered as a result.  He has extensive appellate experience, handling over 20 matters in both the California Court of Appeal and the 9th Circuit, with a high record of success and five published opinions.  For example, in Miranda v. 20th Century, he created new law in California that a UM arbitration could be dismissed by a court as a discovery sanction.  In Barnett v. First National, Mr. Lemieux convinced the Court of Appeal to overturn Weinberg v. Safeco, thereby now permitting joint C.C.P. 998 demands to a husband and wife where the suit involves a community property interest.  In Carachure v. Scott, he was the underlying trial counsel who successfully asserted an affirmative defense of settlement for $15,000, in a bifurcated trial, against a catastrophically injured plaintiff.  That verdict was upheld on appeal and, in a published portion of the opinion, the Court allowed a partial non-suit of an element of the affirmative defense claim based on admissions of opposing counsel in his opening statement, thereby streamlining the remaining issues for the case.

Mr. Lemieux’s career is focused on insurance litigation, ranging from the defense of serious injury/wrongful death actions, to defending insurance bad faith claims (including directly handling over 100 claims arising from the Northridge earthquake), prosecuting declaratory relief actions, and taking over 100 EUOs in suspected fraud claims.  In Barnett v. First National, following a 4-week breach of contract and bad faith jury trial, the jury returned an 11-1 defense verdict after only an hour of deliberations; the jury found no coverage for the water loss—despite the fact that each adjuster handling the loss admitted on the stand that they felt coverage did exist.  He has also authored several hundred coverage opinions for auto, CGL, homeowners and life and disability insurance policies, as well as assisting carriers with fraud investigations under auto and homeowners policies, with extensive experience in fire and water losses investigations and suits.

Mr. Lemieux has also represented numerous dentists involved with the purchase and sale of a dental practice with allegations of contract breaches and fraud.  In a 2012 trial, he represented a buyer of a $1.2 million dental practice and, after a 5-week jury trial, established fraud by clear and convincing evidence by the seller on multiple counts on a 12-0 poll and obtained a judgment for our client of $1.8 million, plus attorney fees and costs.  Given the trial findings, the defendant was unable to discharge the debt in bankruptcy.

EDUCATION

  • Pepperdine University, School of Law, JD, 1993
  • Bryant University, Finance and Economics, BA, 1990

BAR INFORMATION

  • California, 1993
  • United States District Court, Central District of California, 1994
  • 9th Circuit Court of Appeals, 2002
  • United States District Court, Northern District of California, 2005
  • United States District Court, Southern District of California, 2006
  • United States District Court, Eastern District of California, 2010

PUBLISHED DECISIONS

  • National Union Fire Ins. Co. v. Nationwide Ins. Co. (1999) 69 Cal.App.4th 709
  • Miranda v. 21st Century Insurance Company (2004) 117 Cal.App.4th 913
  • Safeco Insurance v. Fireman’s Fund (2007) 148 Cal.App.4th 620
  • Barnett v. First National Ins. Company of America (2010) 184 Cal.App.4th 1454
  • Carachure v. Scott (2021) 70 Cal.App.5th 16

James P. Lemieux

Demler, Armstrong & Rowland, LLP

4500 East Pacific Coast Highway, Fourth Floor

Long Beach, CA 90804

562-391-2488 Direct Dial (Office)

562-760-1720 (Cell)

562-494-3958 Facsimile

Terry A. Rowland

Terry A. Rowland is America’s Top 100 Lawyer, an A-V-rated jury trial specialist in serious personal injury, wrongful death, complex business, and bad faith litigation. He is a member of the American Board of Trial Advocates, with a rank of “Diplomat” (which requires in excess of 100 jury trials). He is also a Certified Specialist in Civil Litigation in the National Board of Trial Advocacy, a Charter Fellow of the Litigation Counsel of America, a member of the Association of Southern California Defense Counsel and the American Trial Lawyer Association, and has been recognized as a California “Super Lawyer” (top 5%) every year since 2004. Terry is recognized as one of the best defense trial lawyers in California and has a proven record of success in high profile trials against nationally-recognized plaintiff attorneys.

EDUCATION

  • University of California, Berkeley, B.A. in Legal Perspectives, with Honors and Distinction
  • UCLA, School of Law, 1976 (Top 20%, emphasis in Clinical Trial Advocacy)

BAR INFORMATION

  • Admitted to California Bar, 1976
  • U.S. District Court, and U.S. Claims Court.
  • Trial attorney, Los Angeles County Public Defender’s Office, 1976-1982

BAR ASSOCIATIONS

  • Association of Southern California Defense Counsel
  • American Board of Trial Advocates, Advocate Level
  • National Board of Trial Advocacy, Civil Litigation
  • Charter Fellow, Litigation Counsel of America
  • American Trial Lawyer Association
  • America’s Top 100 Lawyer Designation

Robert W. Armstrong

Robert W. Armstrong has been AV-rated by Martindale Hubbell for 25 years, a Certified Specialist in civil litigation, and an associate in the American Board of Trial Advocates for over 20 years. He has also been recognized as a Southern California “Super Lawyer” (top 5%) every year since 2007. Mr. Armstrong was admitted to practice in California in 1978 and began practicing law with his mentor, Edison J. Demler, in 1979. The two of them founded Demler & Armstrong in 1981 and were joined by trial attorney Terry Rowland in 1982. In 1987, they formed the partnership of Demler, Armstrong & Rowland.

For nearly 40 years, Mr. Armstrong has specialized in trials and appeals of high exposure personal injury and insurance bad faith cases. He has also written and lectured extensively on subjects of insurance coverage and bad faith.

The Armstrong family has a proud tradition of participation in the legal community and, in addition to his father (a noted criminal defense attorney and superior court judge), he counts his great-grandfather, brother, son, daughter, and nephew as fellow attorneys. In addition to his legal career, Mr. Armstrong has also been actively involved in community service, serving on the Board of Directors for the Boys and Girls Club of America, ChildNet, and Interval House, where he served as Board President for nearly 20 years.

EDUCATION

  • Honors graduate University of California at Santa Barbara – 1974
  • Honors and awards in California and National intercollegiate debate tournaments
  • Assistant Director of Forensics at UCSB in 1975
  • Graduated University of the Pacific, McGeorge School of Law, 1978
  • Multiple scholarship awards
  • National Honors in Jessup International Moot Court competition

BAR INFORMATION

  • Admitted to California State Bar in 1978
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court; Central, Southern, Northern and Eastern Districts of California
  • U.S. Court of Federal Claims
  • U.S. Supreme Court

BAR ASSOCIATIONS

  • Long Beach Bar Association
  • American Board of Trial Advocates, Associate (1997 – Present)
  • Association of Southern California Defense Counsel

PUBLISHED DECISIONS

  • Preston v. Goldman (1986) 42 Cal.3d 108
  • Coleman v. Gulf Insurance (1986) 41 Cal.3d 782
  • Wood v. McGovern (1985) 167 Cal.App.3d 772
  • National Union Fire v. Nationwide Ins. Co. (1999) 69 Cal.App.4th 709
  • Mendez v. Kurten (1985) 176 Cal.App.3d 481
  • Fortman v. Safeco (1990) 221 Cal.App.3d 1394
  • Weinrot v. Jackson & Sun, Inc. (1985) 40 Cal.3d 327
  • Rybicki v. Carlson (2013) 216 Cal.App.4th 758

Defense verdict on $450,000 fire loss

State Farm v. Nakano | Trial partner James Lemieux recently obtained a directed verdict for our client, Sheryl Nakano, sued by State Farm for $450,000 in fire damages to an apartment building. State Farm alleged Nakano negligently caused the fire by placing a small table over a floor furnace grate, or that the table placement at least contributed to a faster spread of fire, causing more damages before the fire department could put it out.

We argued to the jury that Nakano’s placement of the table did not cause the fire, nor did she place anything on the grate which could have started it. Moreover, the table did not significantly alter the spread of the fire. The court agreed with us after more than 2 weeks in trial, finding State Farm’s evidence to be entirely speculative and therefore granted a directed verdict. Pursuant to a prevailing party fee provision under the lease, we obtained a judgment against State Farm for over $128,000 in attorney fees, and $25,000 in costs.

New Expansion

Demler, Armstrong & Rowland is pleased to announce the opening of its Northern California office located at 201 Spear Street, Suite 1100, in San Francisco. John Brydon is managing the new office following his recent departure from Brydon, Hugo & Parker, where he was a founding partner. John is an Advocate in ABOTA, A-V rated, a perennial Northern California Super Lawyer, and was a partner at Demler, Armstrong & Rowland in Long Beach several years ago. He is a nationally recognized trial lawyer with experience in asbestos litigation, catastrophic injury defense and insurance bad faith litigation, and has an impressive record of success on appeal, including two significant bad faith cases which he briefed and argued before the California Supreme Court: Buss v. Superior Court (1997) 16 Cal.4th 35 and PPG Industries v. Transamerica Ins. Co. (1999) 20 Cal.4th 310.

In addition to Mr. Brydon, our San Francisco attorneys include Edward Tugade, Randy Moss, Paul Bessette, and Warren Jackson, who are experienced litigators in a wide array of cases ranging from commercial disputes and personal injury to insurance bad faith. We welcome John, Ed, Randy, Paul, Warren and Assata and look forward to providing our clients with the same level of quality and expertise in Northern California that they have come to expect from our Southern California office.