James M. Baratta, Partner

James M. Baratta is one of the preeminent trial and insurance coverage counsel in California. He is AV rated by Martindale-Hubbell reflecting the highest level of legal ability and general ethical standards in the opinion of the bar and judiciary. Over the last thirty-three years, Mr. Baratta has served as lead trial counsel in all facets of litigation while serving as arbitrator, mediator and crash settlement judge. He has often been retained as an expert witness in insurance coverage, bad faith and legal malpractice cases. His consultation and opinions have been requested on thousands of matters by the insurance industry, major corporate clients, policy-holders, and other attorneys.

The recent verdict in Karven v. Lee (SC 070 820) exemplifies his courtroom skills. In 2003, Verdict Search selected the Lee case as one of the top twenty defense verdicts in the United States. Mr. Baratta was noted for “overcoming great odds heightened by high profile parties, sympathetic plaintiffs, an unsympathetic defendant and skillful opposing counsel.” A four year old boy drowned in the swimming pool of rocker Tommy Lee at his Malibu residence. Plaintiffs asked the jury for $10 million. The verdict was for the defense. The case was carried in every major national and local publication and news program. (Reported June, 2003)

Personal:
Born January 19, 1947; admitted to California bar, 1972.
Admitted to all California federal district courts.

Education:
University of California at Los Angeles (B.A., cum laude and with honors, 1969); Loyola Law School, Los Angeles (J.D., cum laude, 1972)

Comment Editor, Loyola University Law Review, 1971-1972. Member, Pi Gamma Mu Honor Society. Member, St. Thomas Moore Law Honor Society.

Authorship, Lecturing and Appellate Cases:
Author, Reliance v. Emerson, 5 Loyola Law Review, 426. Associate Editor, Defense Dialogue, a monthly publication of the Association of Southern California Defense Counsel, 1975 to 1981. Co-Author, California Construction Law Manual, 2nd Edition, McGraw-Hill, Sheperds, Inc., 1977, 1979, 1980 and 1981 Supplements. Co-Author, Attorneys Guide To California Construction Contracts and Disputes, California Continuing Education of the Bar, 1979, 1980 and 1981 Supplements.

Frequent guest lecturer American Arbitration Association, California Continuing Education of the Bar, American Institute of Architects, and the insurance industry, including California Capital Insurance Companies, Wausau/Nationwide, Transamerica, Gulf, State Farm Insurance Companies and many others. Served as member of the Panel of Arbitrators, American Arbitration Association; Los Angeles Superior Court Arbitration Panel commencing 1980; Crash Settlement Judge Los Angeles Superior Court.

Reported appellate cases include Youngblood v. Board of Supervisors, 22 Cal.3d 644 (1978); Eden v. VanTine, 83 Cal.App.3d 879 (1978); San Diego Bldg. Contractors Assn. v. City Council, 13 Cal.3d 205 (1974); CEEED v. California Coastal Zone Conservation Com., 43 Cal.App.3d 306 (1974); San Diego Coast Regional Com. v. See the Sea, Limited, 9 Cal.3d 888 (1973); Baum Electric Co. v. City of Huntington Beach, 33 Cal.App.3d 573 (1973). Maryland Casualty Co. v. Nationwide Ins. Co., 65 Cal.App.4th 21 (1998); State Farm Fire and Cas. Co. v. W.C.A.B., 16 Cal.4th 1187 (1997). State Farm General Ins. Co. v. Majorino (2002) 99 Cal.App.4th 974; Pardee Constr. Co. v. Insurance Co. of the West (2000) 77 Cal.App.4th 1340.

Trial Compendium:
Mr. Baratta has tried as lead counsel over one hundred cases to verdict, judgment and award in binding arbitration. In addition to Karven v. Lee, described above, the following are a few highlights:

In Harz v. California Mutual Insurance Company (01044974), plaintiffs rejected a $1.3 million offer to settle their bad faith claim. Instead they demanded $14 million. After forty-two trial days, a Santa Barbara jury deliberated three days and returned a verdict of only $41,000 despite the trial court’s instruction that defendants had breached the insurance contract. (Reported June, 2002.)

In State Farm Fire and Casualty Company v. The Doctors Company (SC 058721) The Doctors Company claimed that State Farm was liable to reimburse it $1.2 million incurred in the defense of their mutual insured. A Santa Monica court found not only in favor of Mr. Baratta’s client, State Farm, but ordered The Doctors Company to reimburse State Farm $225,000 in expenses it had incurred. (Reported April, 2001.)

In its February 2002 Litigation Report, Mealey reported “California Apartment Owner Reimburses Carrier $1.7 M For First-Party Claims.” In California Capital Insurance Company v. President Asset Group, LLC (BS 071300), an award of $1.7 million was obtained by Mr. Baratta against a policyholder for reimbursement of first party benefits paid but held uninsured. The award was paid in full. (Reported February, 2002.)

Associations:
American Board of Trial Advocates (ABOTA); Defense Research Institute, Insurance Law Committee; Association of Southern California Defense Counsel; Orange County Bar Association.