Darryl J. Horowitt

Mr. Horowitt was admitted to practice in 1981. Prior to forming Coleman & Horowitt, LLP, he was a partner of the Fresno, California firm of Lerrigo, Nibler, Berryman, Coleman & Bennett. Prior to moving to Fresno, Mr. Horowitt was engaged in private practice in Orange County, California.

Mr. Horowitt has conducted all phases of litigation in the areas of banking, business disputes, securities fraud (class action and individual), construction, real estate, environmental, casualty insurance defense, personal injury and commercial collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board). He has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, Mr. Horowitt has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).

Education:

• Juris Doctor, 1981, Western State University College of Law, Fullerton, California
• Bachelor of Arts, 1978, California State University, Long Beach, California (History)

Admissions:

• All California Courts, United States Supreme Court, United States Court of Appeals, 9th Circuit, United States District Court, Southern, Northern, Eastern and Central Districts

Professional Associations:

• Litigation and Law Practice Management Sections of the State Bar of California
• Fresno County Bar Association (Chair: Construction Law Section)
• Federal Bar Association
• Association of Business Trial Lawyers (Member: Board of Directors)
• American Bar Association (Member: Litigation and Law Office Economics Sections; ADR, Construction, and Commercial Law and Banking Committees of the Litigation Section)
• Commercial Law League of America
• California Creditors Bar Association (Secretary)

Practice Areas:

• Complex Commercial Litigation
• Banking Litigation
• Construction Litigation
• Real Estate Litigation
• Casualty Insurance Defense Insurance Coverage
• Commercial Collections
• Alternative Dispute Resolution

Representative Cases:

• Obtained dismissal of shareholders derivative suit seeking to recover over $10M in damages for losses sustained in trading options and negotiated subsequent buy-out of transferee of a limited partnership on favorable terms.
• Obtained recovery of all amounts due to wholesale finance company of secured debt provided for inventory finance.
• Obtained favorable settlement in defense of an auto finance company sued by wholesale finance company for unpaid trade-ins and negotiated.
• Obtained dismissal by anti-SLAPP motion of action filed by buyer of numerous real property parcels in an action for fraud.
• Represented three defendants in a consolidated class action securities fraud action in the United States District Court, Northern District of California, where one defendant was dismissed by motion to dismiss and settlement was reached for the other two defendants on favorable terms prior to class certification.
• Represented debt buyer in consumer class action for violation of the Fair Debt Collections Practices Act, where favorable settlement reached after class certification.
• Represented third party defendant in TCPA class action where client was dismissed following a successful motion to dismiss.
• Represented financial institution in successful defense of numerous consumer claims where client was either dismissed following pre-hearing motion or defense verdict obtained following hearing.
• Served as arbitrator on complex securities dispute involving claims in excess of $200 million.
• Served as arbitrator on complex securities dispute involving claims in excess of $5 million.
• Represented defendant in a class action suit filed in Fresno County and was able to secure a dismissal of the entire action without payment before class certification.
• Represented three financial institutions in a consolidated class action suit filed in Orange County in which the firm’s clients obtained a favorable settlement without the expenditure of significant fees.
• Represented subcontractor in dispute over construction of multiple units within a national park. Recovered monies due to client from payment and performance bond after contractor filed for bankruptcy.
• Defended material supplier in complex construction dispute over a structure in Las Vegas. Resolved matter for client with no payment to general contractor though other parties contributed to a multi-million dollar settlement.
• Represented grading contractor in binding arbitration in which client recovered funds due on a mountain road project.
• Represented the plaintiff in a complex residential construction defect action in Santa Cruz County in which the client discovered significant construction defects and in which insurance coverage was secured and a significant monetary settlement with the contractor and subcontractors obtained.
• Represented a company that was the subject of a secondary boycott and assisted in the prosecution of actions before the ALRB, the NLRB, state court injunctive actions and a federal court damage action.
• Defended numerous companies in unfair trade practices actions in which favorable settlements were obtained.
• Represented beneficiary in complex probate dispute and obtained judgment for over $2 million recovered based on opposing counsel taking funds from estate.
• Represented successful contractor in public contract bid dispute in action brought by losing contractor, obtaining dismissal that was affirmed on appeal.
• Represented agricultural lender in defense of shareholder’s derivative action, obtaining dismissal that was affirmed on appeal.

Publications and Lectures:

Mr. Horowitt is the author of numerous articles and has served as a panelist for the Consumer Attorneys of California, the AGC of California, the National Association of Women in Construction, and the CPA/Law Forum.

• Court Defines Liability of Architects to Third Parties – Darryl J. Horowitt
• Court Determines Failure to Disclose Deferred Down Payments is a Rees-Levering Violation – Darryl J. Horowitt
• Construction Alert: Changes in Mechanic's Liens: Must Now Serve Lien (Volume 1) – Darryl J. Horowitt
• Construction Alert: Restriction in Deed Requiring Payment of Prevailing Wages Enforceable (Volume 2) – Darryl J. Horowitt
• Supreme Court Determines Retailers may not Collect Zip Codes – Darryl J. Horowitt & Helen E. Omapas

Honors and Awards:

Darryl has received an AV® – Preeminent rating from Martindale Hubbell. He has also been named one of the Top 100 lawyers in Northern California by Super Lawyer® Magazine (2015-2019) and a Northern California Super Lawyer® by Super Lawyers® Magazine from 2007 to 2019 in business litigation and construction litigation in 2007. He has also received a perfect 10.0 rating from AVVO. Darryl was named one of the Top 100 Litigators in California by the American Society of Legal Advocates (an invitation only association of top attorneys), a Premier 100 Trial Lawyer by the National Academy of Jurisprudence (formerly American Academy of Trial Lawyers) and a Fellow: Trial Lawyer Honorary Society by the Litigation Counsel of America. He is also a Fellow of the American Bar Association Foundation.