Hon. ELIA WEINBACH (Ret.)






 JUDICIAL EXPERIENCE 

 Judge of the Los Angeles Superior Court   

  2007 - 2015 

  • Presided over a Personal Injury Hub court (2.5 years), a Family Law court (3.5 years) and a Misdemeanor Trials and Arraignments Court (1.5 years) 


  • Presided over and resolved hundreds of pre-trial and discovery disputes in the Personal Injury Hub court 


  • Organized a week long settlement program designed to resolve numerous personal injury cases pending throughout the court system 


  • Participated in a similar week-long settlement program designed to resolve a variety of employment-related disputes 


  • At the request of other judges, resolved complex business litigation matters, including a highly complex class action legal malpractice matter 


  • Member, California Judges Association Ethics Committee 







 PROFESSIONAL CAREER 



  • Partner, Trial and Litigation Attorney, Mitchell Silberberg & Knupp LLP   1988-2007 


  • Partner at Mitchell Silberberg & Knupp for almost twenty years, with a practice consisting of complex business litigation involving a wide variety of sophisticated business contract/tort, securities, and employment-related cases. Tried jury and non-jury cases in both state and federal courts and argued appeals in both court systems and was involved in a number of mediations and arbitrations 


  • Tried a number of jury cases in state and federal courts, including the first “reverse bad faith” case in a fidelity insurance claim; a wrongful discharge/whistleblower case involving the termination of a company’s “employee of the year”; a medical malpractice case involving malignant hyperthermia; an action for wrongful discharge/retaliation/breach of implied contract; and a multi-million dollar action, alleging fraud/breach of contract/breach of fiduciary duty in connection with the rights of first refusal upon sale of a subsidiary 


  • Defended against hostile takeover attempt of Fortune 200 company involving securities and common law claims; defended one of the largest oil and gas companies in suit alleging violation of preferential purchase rights 


  • Elected to Management Committee of the firm 


  • Served as the firm’s Ethics Committee Chair and as its General Counsel for several years 


  • Partner, Phillips Nizer Benjamin Krim & Ballon 1985-1988 


  • Partner, Weinbach & Greene 1984-1985 


  • Partner, Elia Weinbach, A Law Corporation 1979-1984 


  • Associate, Gang Tyre & Brown 1978-1979 


  • Assistant United States Attorney, Criminal Division, Eastern District of New York 1975-1978 


  • Trial Attorney, Federal Trade Commission, Washington, D.C. (antitrust) 1972-1975 






PROFESSIONAL AWARDS 



  • Attorney Settlement Officer, United States District Court, Central District 


  • Recognized in 2001 as the “Attorney Settlement Officer of the Year” -- settled the most cases district-wide in the largest United States district in the country 


  • Southern California Super Lawyer, Super Lawyers Magazine 






EDUCATION 



  • Harvard Law School, J.D. 1972 


  • Fulbright Scholar, Merton College, Oxford University 1967-1969 


  • New York University, B.A., cum laude, Phi Beta Kappa, highest honors in History 1967 






PUBLICATIONS AND TEACHING 



  • Editorial Consultant, California Unfair Competition and Business Torts (Matthew Bender Practice Guide, 2004) 


  • Co-Author, “Protection of Trade Secrets and Confidential Business Information in the Internet Age: A Brief Overview”, Chapter in Corporate Raiding, 2000: Handling, Preventing, and Litigating the Theft of Corporate Employees and Information (Practicing Law Institute, 2000) 


  • Co-Author, “Contorts”, Chapter in Business Torts Litigation (American Bar Association, 1992) 


  • Contributing Columnist on Trial Strategy, Los Angeles Daily Journal, 1989-1990 


  • Frequent lecturer on trial preparation, evidence, and ethics to corporations, corporate law departments, and bar associations 


  • Panelist and creator of number of programs for judges while in Family Law and Personal Injury assignments 


  • Speaker, Practicing Law Institute, American Bar Association 


  • Served as television commentator during the Rodney King trial 






PROFESSIONAL ASSOCIATIONS 



  • American Bar Association – Co-Chair, Committee on Corporate Counsel, Section of Litigation 


  • United States Magistrate Judge Selection Committee Panel, Central District of California 


  • Los Angeles County Bar Association – Lawyer Delegate to the California State Bar Conference 


  • Ninth Circuit Judicial Conference – Lawyer Delegate 


  • Federal Criminal Indigent Defense Panel, Central District of California 


  • L.A. Concerned Lawyers for Soviet Jewry – Co-Chair 






AREAS OF SPECIALIZATION 



  • Business and Corporate Litigation 


  • Employment 


  • Professional Malpractice (Legal/Medical/Accounting) 


  • Products Liability 


  • Family Law 


  • Catastrophic Personal Injury 


  • Antitrust 


  • Securities 






PROFESSIONAL COMMITMENT 



  • To read and analyze submissions of all parties 


  • To evaluate the positions of all parties 


  • To facilitate resolution of all disputes 






REPORTED DECISIONS



  • Takaesu v. Computer Sciences Corporation, 2005 Cal.App. Unpubl. LEXIS 2801 (Cal.App. 2nd Dist. 2005


  • Oxy Resources California LLC v. The Superior Court of Solano County (Calpine Natural Gas LP, Real Party in Interest)(2004) 115 Cal.App. 4th 874. 9 Cal.Rptr. 3d 621, corrected by 2004 Cal.App. LEXIS 275 (Cal.App.1st Dist. 2004)


  • Bingham v. Cedars-Sinai Health Systems, 2004 Cal.App. Unpubl. LEXIS 8793 (Cal.App.2nd Dist. 2004)


  • Americxan Interbanc Mortgage v. Bankrate Inc., 2004 Cal.App.Unpubl. LEXIS 8052 (Cal.App. 4th Dist. 2004)


  • Esposito v. Computer Sciences Corporation, 2003 Cal.App.Unpubl. LEXIS 11669 (Cal.App. 2nd Dist. 2003)


  • Computer Sciences Corp. v. Computer Associates International, Inc. 1999 U.S.D.C. LEXIS 21803 (C.D. Cal. 1999)


  • Fierberg v. Hyundai Motor America, 44 U.S.P.Q.2d. 1305 (C.D.Cal.1997)


  • Fidel v. Young, 97 F.3d 1459, 1996 U.S.App. 24422 (9th Cir. 1996)


  • Moore v. Kayport Package Express, 885 F.2d 531 (9th Cir. 1989)


  • Petersen Mfg. Co. Inc. v Central Purchasing Inc.  740 F.2d 1541, 222 U.S.P.Q. 562 (C.D. Cal. 1984)


  • United States v. Jermendy, 544 F.2d 640 (2nd Cir. 1976)


  • Counts v. United States, 527 F.2d 542 (2nd Cir. 1975)






SELECTED CIVIL JURY TRIALS (First Chair)



Esposito/Trujillo vs. Computer Sciences Corporation (Los Angeles Superior Court, Judge Jane Johnson, 2005) Represented defendant corporation in action for wrongful discharge, retaliation, and breach of implied contract.  Awarded summary judgment on all causes of action.  Court of Appeal reversed for trial on breach of implied contract only, but sustained summary judgment on causes of action with punitive damages and attorneys fees. Following jury trial and verdicts for plaintiffs, trial court granted judgment notwithstanding the verdict and granted a new trial.  Case then settled with plaintiffs recovering nothing against client.


Amerimax vs. ACE USA and CIGNA Corporation (San Diego Superior Court, Judge William Nevitt, 2004) Represented all defendants in $20 million dollar plus action based upon breach of contract, fraud, breach of fiduciary duty, and accounting theories in connection with sale of plaintiff’s business to defendants/clients.  Client CIGNA Corporation successfully moved to quash based on lack of personal jurisdiction.  All tort claims but one against ACE clients dismissed prior to trial and last remaining tort claim dismissed at close of plaintiff’s case.  Plaintiff received a jury verditct of approximately $1 million in damages on the remaining breach of contract claim and case settled prior to appeal.

 
George Johnson vs. Computer Sciences Corporation (San Bernardino Superior Court, Judge Clarence Westra) Represented defendant.

Wrongful discharge/whistleblower claim brought by plaintiff, who was the employee of the year at defendant’s Edwards Air Force base facility. 

Jury found defendant not liable.

 
Mercedes-Benz v. Hartford Accident & Indemnity (US District Court Central District, Judge A. Wallace Tashima, 1989) Represented defendant in a bad faith case brought by Mercedes-Benz based on a fidelity insurance claim.  Counterclaim  against Mercedes-Benz for “reverse” bad faith.  After an 8 week trial, jury awarded Mercedes-Benz $100,000 on its breach of contract claim and awarded Hartford  $5000 in compensatory damages on its bad faith counterclaim and $4,500,000 in punitive damages on its reverse bad faith claim.  Ninth Circuit reversed and case settled thereafter.

 
Diane Leale et al v. Dr. Richard Macklin (US District Court Central District, Judge Terry Hatter Jr. 1985)  Wrongful death/medical malpractice claim brought by clients, daughters of woman who suffered from malignant hyperthermia as a result of a fall at Yosemite.  Default judgment obtained against anesthesiologist.  Remaining defendants (surgeon, assistant surgeon, and hospital) proceeded to trial.  Jury verdict for plaintiffs/clients.  Trial court granted new trial motion and case settled thereafter.

1900 Avenue of the Stars 
Suite 250 
Los Angeles, California 90067 
Tel. (310) 201-0010 
Fax. (310) 201-0016 

Hon. Elia Weinbach (Ret.)