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Brett Bitzer

Supervising Trial Attorney

Brett Bitzer is an experienced trial attorney successfully representing both plaintiffs and defendants in complex multi-million dollar cases throughout the state of California.

CONTACT INFORMATION

PRACTICE AREAS

  • Trials, Arbitration, and Mediation
  • Business Litigation
  • Partnership Disputes
  • Legal Malpractice
  • Fraud
  • Trademark Infringement
  • Misappropriation of Likeness
  • Trade Secrets
  • Unfair Competition and Business Practices
  • Class Actions
  • Employment Law
  • Defamation, Libel, and Slander
  • Breach of Contract
  • Personal Injury and Wrongful Death

BAR ADMISSIONS

  • California, 2009
  • U.S. District Court Central District of California

EDUCATION

  • McGeorge School of Law, University of the Pacific, Sacramento, California
    • Juris Doctorate – 2009
    • Honors: Order of the Coif: 2009
    • Honors: Traynor Honor List: 2009
    • Honors: Dean’s Honor List: 2007-2009
  • University of Nevada, Reno
    • B.A., Bachelor of Arts – 2003
    • Honors: Deans Honor List, 1999-2003
    • Honors: All-Western Conference Academic Team, 2000-2003
    • Honors: Division 1A College Tennis Team Member: 1999-2003
    • Honors: Student Athlete Advisory Board Member: 2000-2002
    • Honors: Judicial Affairs Board, Justice Member: 2002-2003

In 2003, Mr. Bitzer obtained his Bachelor of Arts degree from the University of Nevada, Reno where he majored in Criminal Justice and was a member of the Division 1-A tennis team. In 2009, Mr. Bitzer graduated Order of the Coif and With Great Distinction from the University of the Pacific, McGeorge School of Law. After passing the California bar in December 2009, Mr. Bitzer worked for a very successful boutique civil litigation firm in Sacramento specializing in trial work. In 2015, Mr. Bitzer got married to Jessica Jorgenson, a Southern California native, which brought Mr. Bitzer to beautiful Southern California.

Mr. Bitzer learned early on in his career that while many attorneys hold themselves out as civil litigators very few of them are actually trial attorneys. Mr. Bitzer chose to be a trial attorney and has dedicated himself to the craft ever since.

Mr. Bitzer’s greatest strength is his ability to successfully and efficiently prepare a case for trial using his trial tested methodology that he has refined over years of practice. Mr. Bitzer prepares cases for trial with an emphasis on evidence and procedure. Mr. Bitzer is always analyzing what is the best evidence needed to win or defend the case and what is the best procedure to maximum the intended result for the client.

Mr. Bitzer has successfully represented both plaintiffs and defendants in diverse subject matters including business litigation, catastrophic personal injury and wrongful death, breach of contract, employment and labor law claims, trademark infringement, professional malpractice, fraud, financial elder abuse, and class actions.

While not every case should be tried, Mr. Bitzer is a firm believer that the only way to maximize a case’s settlement value, for either a plaintiff or defendant, is to prepare it as if it is going to trial. For example, Mr. Bitzer represented an employee who had been wrongfully terminated and not paid his stock options. The defense did not prepare the case for trial and, for that reason, was forced to quadruple its settlement offer the day before trial once it was made clear that Mr. Bitzer was prepared to take the employment lawsuit to verdict.

Similarly, Mr. Bitzer substituted in as counsel for a plaintiff in a complex legal malpractice action two months before trial and after the case had been pending for over three years. Mr. Bitzer quickly prepared the case for trial, successfully amended the complaint to allege more precise claims and damages, and the case settled days before trial for over double the settlement offer obtained by the prior counsel. The reason being, Mr. Bitzer was prepared to take the case to verdict and the defense was not.

Mr. Bitzer has successfully represented plaintiffs in wrongful death lawsuits in which their loved ones have been killed as a result of the negligent or criminal actions of others. Mr. Bitzer brings a unique perspective to representing wrongful death plaintiffs as Mr. Bitzer was once a wrongful death plaintiff himself when his father was killed in a boy scouting accident in 2005 before Mr. Bitzer went to law school. Mr. Bitzer’s personal experience allows him to better empathize with his clients because he has been their shoes and understands exactly what they are going through.

Mr. Bitzer is also one of few attorneys in California who has successfully employed the “Alter Ego” doctrine on behalf of both plaintiffs and defendants. Specifically, Mr. Bitzer obtained a judgment (including attorneys’ fees) on behalf of an Orange County business owner who sold his medical laboratory and was not paid the final installment payment. The main defense was that the judgment should be solely against a defunct defendant entity that had no assets which would have resulted in a pyrrhic victory for the client. In response, Mr. Bitzer was able to present overwhelming evidence to successfully persuade the Court that the corporate veil should be pierced holding the individual defendants personally liable and making the judgment collectible for his client.

In a defense action, Mr. Bitzer represented two defendants who were being sued solely on the theory that they were the “alter egos” of the defendant employer who was alleged to have wrongfully terminated and discriminated against an employee. Mr. Bitzer, using the best procedure, had the issue of “alter ego” tried first and, using the best evidence, was able to obtain judgment in favor of the defendants on the grounds that they were not the alter egos of the defendant employer. That judgment was affirmed by the Fourth Appellate District Court of Appeal.

  • Successfully obtained multimillion dollar settlements on behalf of plaintiffs involving claims of personal injury and wrongful death.
  • Successfully obtained $3.1 Million settlement involving a wrongful death of a 20 year-old against the State of California for failing to install a guardrail next to a concrete drainage canal in an action entitled Lynn Boecker v. James Waller III, San Diego Superior Court, Case No. 37-2021-00028678.
  • Successfully obtained $2 Million settlement on behalf of client injured in a plane crash against the plane’s maintained facility in an action entitled Michael Halow et al. v. Gryphon Aircraft Services, LLC et al., Los Angeles Superior Court, Case No. 22BBCV00515.
  • Successfully obtained $1.5 million settlement involving a wrongful death of a wife of over 25 years where the policy limits was only $100,000 in an action entitled Armond Mehrabian et al. v. Alta Gene Carlson, Orange County Superior Court, Case No. 30-2019-01058206.
  • Successfully represented commercial landlord in breach of lease and recovered $1.8 Million in damages plus $43,000 in attorneys’ fees and costs in action entitled ICC Collision Centers 6, Inc. et al. v. Infiniti of Sherman Oaks, LLC et al., Los Angeles Superior Court, Case No. 19TRCV00619.
  • Successfully defended a medical practice in an employment action in which the plaintiff was demanding damages in excess of $5 million and, after a successful motion for summary judgment, the case settled for $0.
  • Successfully represented homeowners in an identity fraud case removing a fraudulent deed of trust in excess of $660,000 from their primary property in an action entitled Hang Nguyen et al. v. Lan Le et al., Orange County Superior Court, Case No. 30-2022-01232823.
  • Successfully obtained an attorney fee award in defense of employment law action which ultimately resulted in a walk-away dismissal in action entitled Angela Bell v. Coast Community College District, Orange County Superior Court, Case No. 30-2021-01184221.
  • Successfully obtained judgment in favor of two defendants in an employment action defeating claims that they were the alter egos of plaintiff’s employer in an action entitled Hipolito Lopez v. Saddleback Golf Cars, Inc., Orange County Superior Court, Case No. 30-2018-01006762.
  • Successfully obtained a motion for summary judgment resulting in judgment and overall settlement on behalf of defendant homeowners in action entitled Hassan Baradaran-Azimi et al. v. Jeffrey Ho et al., Los Angeles Superior Court, Case No. 21STCV44376.
  • Successfully represented minority member of a limited liability company and a corporation in an Involuntary Judicial Dissolution Action in an action Susan Ivan v. Joan Spielman et al., Los Angeles County Superior Court, Case No. 19STCV06288 resulting in dissolution and sale of assets in excess of $20,000,000.00 and award of prevailing party attorneys’ fees and costs.
  • Successfully obtained $500,000 on behalf of a pedestrian who was hit by a car in a cross-walk in an action entitled Victor Solano v. George Man Kin Young, San Diego County Superior Court, Case No. 37-2020-00016509.
  • Successfully represented commercial landlord in action for Breach of Commercial Lease in an action entitled Qazi Cosmetic Clinic, Inc. v. The Masters Building, LLC, et al., Orange County Superior Court, Case No. 30-2019-01065287.
  • Successfully obtained a motion for directed verdict (including an award of attorneys’ fees) in defense of a misappropriation of likeness claim where the highest settlement offer pre-trial for that claim was in excess of $800,000 in action entitled Eimear Noone v. Jason Michael Paul Productions, Inc., Los Angeles Superior Court, Case No. BC58768.
  • Successfully represented Orange County client in breach of contract action relating to the sale of a medical laboratory and obtained a judgment in excess of $500,000 in damages, plus attorneys’ fees, and, more importantly, was able to pierce the corporate veil and hold the defendants personally liable in an action entitled Laboratory Practice, Inc. et al. v. United Reference Laboratory, LLC et al., Orange County Superior Court, Case No. 30-2015-00783113.  The highest settlement offer during trial was that Mr. Bitzer’s clients pay defendants in excess of $500,000.
  • Successfully represented an Orange County business owner involving a breach of a covenant not to compete for five years relating to the purchase of Northern California business in an action entitled. Defense counsel offered $0 at a pre-lawsuit mediation adamantly claiming no liability. Mr. Bitzer successfully obtained a six-figure settlement after issuing third-party subpoenas that resulted in direct evidence of the violation of the non-compete provisions.
  • Successfully represented a Spanish speaking client who was defrauded into obtaining an auto-title loan at 80% interest and was awarded $19,000 on behalf of the client and $150,000 in attorneys’ fees in a binding arbitration entitled Jorge Mendez et al. v. Sara Barnett et al., ADRS Case No. 17-1095-FF. The lowest settlement offer prior to arbitration was $8,000, inclusive of attorneys’ fees.
  • Successfully obtained a six-figure settlement on behalf of tenants in a class action lawsuit against a landlord violating San Francisco Rent Control Laws in an action entitled Andrew Kane et al. v. LSL Properties, B14, LLC et al., San Francisco County Superior Court, Case No. CGC-16-551806.
  • Successfully obtained a six-figure settlement on behalf of three employees who were wrongfully terminated from their employment without being paid all their wages including meal and rest breaks, and overtime.
  • Successfully obtained a confidential settlement on behalf of a client in a legal malpractice action that was double the amount of the offer obtained by prior counsel.
  • Successfully drafted an Anti-SLAPP motion striking a defamation cause of action against a law firm (alleged in a complaint that had not been served) and was awarded $13,000 in attorneys’ fees and costs.
  • Successfully obtained use and derivate use immunity from the State of California on behalf of two clients who were witnesses in the largest fraud case ever brought by the California Attorney General’s Office.
  • Angela Bell v. Coast Community College, Fourth District Court of Appeal, Division Three, Appellate Case Number G060741, dated February 16, 2023.
    Successfully represented Defendant/Respondent Coast Community College District in obtaining affirmation of Trial Court’s Granting of Anti-SLAPP Motion to Plaintiff’s Defamation Cause of Action and award of attorneys’ fees and costs.
  • Hipolito Lopez v. Phillip Bellafaire et al., Fourth Appellate District, Division Three, Appellate Case Number G061534, dated December 18, 2023.
    Successfully represented Defendants/Respondents Phillip Bellafaire and Semit Properties, LLC in obtaining affirmation of Trial Court’s Judgment in their favor on the grounds that they were not the alter ego of Defendant Saddleback Golf Cars, Inc.
  • NBI, Inc. “17 Types of Witnesses- and How to Depose or Cross-Examine Them”
    • Mental Health Experts
    • Technical and Scientific Experts
  • NBI, Inc. “Effectively Using Motions in Limine and Post-Trial Motions in California”
  • MyLawCLE: “Defamation Uncovered: 2023’s New Rules and Recent Developments”
  • NBI, Inc. “Libel and Defamation 2023, New Rules, the Latest Case Law, and Hot-Button Issues”
  • NBI, Inc. “California Personal Injury Litigation: Secrets Only Top Attorneys Know”
    • Wrongful Death Damages, Calculations, Evidence, and Strategies
    • Legal Ethics
  • MyLawCLE: “Building Your Civil Trial Skills” and “Do’s and Don’t’s of Civil Litigation”
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