David B. Ezra

David Ezra, a shareholder in Berger Kahn’s Orange County office, has successfully represented clients involved in insurance and employment litigation for over 25 years. He believes there’s only one way to practice law - with 100% dedication to achieving the client’s objectives.

David frequently serves expert witness in connection with insurance litigation.

He also works as a mediator, having co-founded Innovative Dispute Resolution (IDR) in 2005.

David was named Best Lawyers 2018 and 2016 Insurance Litigation “Lawyer of the Year” in Southern California, the list of Best Lawyers of America 2015-present, and Orange County’s “Top 5” Attorneys in Insurance and/or Employment law by OC Metro magazine. Super Lawyers named him to the list of “Top 100″ Southern California Super Lawyers from 2013-present and “Top 50″ Orange County Super Lawyers from 2010-present.

Appellate Decisions

David has significant appellate experience, obtaining many published and unpublished decisions, including:

Hayward v. Superior Court, 2 Cal.App.5th 10 (2016)
Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Ins. Co., 241 Cal.App.4th 721 (2015)
Liberty Mut. Fire Ins. Co. v. Central Garden & Pet Co., 2013 Cal.App.Unpub. LEXIS 6245
Farmers Ins. Exch. v. Kim, 2013 Cal.App.Unpub. LEXIS 2309
Lomes v. Hartford Financial Services Group, 88 Cal.App.4th 127 (2001)
Continental Casualty Co. v. Superior Court (Paragon), 92 Cal.App.4th 430 (2001)
Padilla Construction Co., Inc. v. Transportation Ins. Co.,150 Cal.App.4th 984 (2007)
Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007)
Equus Prods. v. Truck Ins. Exch., B185357, 2006 Cal. App. Unpub. LEXIS 10082 (Ct. App. Nov. 6, 2006)

Published Works

David writes and speaks extensively on legal topics. Some of David’s publications include:

Mastering the Blue Ridge Settlement Reservation of Rights, Claims Journal (Dec. 2016)

Reaching For Understanding: Mediating Employment Disputes With Small Business Owners, Orange County Lawyer (Jul. 2016)

Fraud and Collusion Defenses Can be Risky, Los Angeles Daily Journal (Nov. 2015)

The Mediator’s Nightmare: Am I the Most Unreasonable Party’s Advocate?, Orange County Lawyer (Aug. 2015)

Making Sense of California’s “Accident” Requirement in Liability Insurance Policies, Insurance Coverage Law Report, FC&S Legal (two-part article, Sept. and Oct./Nov. 2014)

Taking A Pregnant Pause: Potential Pitfalls In Applying The Business Judgment Rule And The Mixed Motive Defense In Employment Cases, Orange County Lawyer (Oct. 2014)

What You May Not Know About Uninsured Motorist Claims, Claims Journal (Aug. 2014)

Writing A “Winning” Mediation Brief, Mediate.com (Feb. 2014)

Loose Lips Sink Ships: Panel Counsel and Confidentiality, Los Angeles Daily Journal, Sept. 16, 2013.

Asterisk: Home Runs, Steroids, and the Rush to Judgment (Triumph Books (2008) (Foreword by Mike Schmidt)).

How Presley Homes Has Changed the Duty to Defend, Los Angeles Lawyer, April 2003.

‘Get Your Ashes Out of My Living Room!': Controlling Tobacco Smoke in Multi-Unit Residential Housing, 54 Rutgers Law Review 135-189 (2001).

Shedding New Light on the Cumis Doctrine, The Recorder, October, 1998.

Sticks and Stones Can Break My Bones But Tobacco Smoke Can Kill Me: Can We Protect Children From Parents that Smoke?, 13 St. Louis University Public Law Review 547-590 (1994).

Separate But Not Equal: Gender Specific Dress Codes and Employment Discrimination, 3 Western State University Journal of Law 119-144 (1994).

‘Get Off Your Butts': The Employer’s Right to Regulate Employee Smoking, 60 Tennessee Law Review 905-955 (1993).

Contact & Links

Lawyer Page: http://bergerkahn.com/our-people/david-b-ezra/

Location

One Park Plaza, Suite 340
Irvine, CA 92614

Education

University of California - Irvine, Conflict Management and Alternative Dispute Resolution, graduated 2005
University of Southern California, JD, graduated 1990
California State University Fullerton, BA, graduated 1987

Bar Admissions

California, 1990
California, U.S. District Court, Northern, Central and Southern Districts of California
California, U.S. Court of Appeals, Ninth Circuit

Affiliations

American Bar Association - Member
Orange County Bar Association - Member
Orange County Bar Association - Secretary/Treasurer 2016 ADR Section
Orange County Bar Association - Chair 2018 ADR Section

BK Berger Kahn , ALC

Irvine, California

5 The Best Lawyers in America^® awards

1 Best Lawyers: Ones to Watch^® in America award

Full Firm Profile

Named "Lawyer of the Year" by Best Lawyers^® for:

Litigation - Insurance, Orange County (2019)
Insurance Law, Orange County (2018)
Litigation - Insurance, Orange County (2016)

Recognized in The Best Lawyers^® in America 2023 for work in:

Commercial Litigation
Insurance Law
Litigation - Insurance

Awards:

2021 Southern California Super Lawyers
Top 50 Orange County Southern California Super Lawyers 2021
Top 100 Southern California Super Lawyers 2021
2022 Southern California Super Lawyers
Top 50 Orange County Southern California Super Lawyers 2022
Top 100 Southern California Super Lawyers 2022
Top 100 Southern California Super Lawyers 2020
Top 50 Orange County Southern California Super Lawyers 2020
"America's Top 100 Attorneys" Lifetime Achievement Honor
2007 Southern California Super Lawyers
2009 Southern California Super Lawyers
2010 Southern California Super Lawyers
2011 Southern California Super Lawyers
2012 Southern California Super Lawyers
2013 Southern California Super Lawyers
2014 Southern California Super Lawyers
2015 Southern California Super Lawyers
2016 Southern California Super Lawyers
2017 Southern California Super Lawyers
2018 Southern California Super Lawyers
2019 Southern California Super Lawyers
2020 Southern California Super Lawyers
AV Preeminent Peer Review Rated - Martindale-Hubbell
AV Preeminent Peer Review Rated - Martindale-Hubbell in Alternative Dispute Resolution
Best Lawyers 2016 - Insurance Litigation "Lawyer of the Year" in Southern California
Best Lawyers 2018 - Insurance Law "Lawyer of the Year" in Southern California
Best Lawyers 2019 - Litigation - Insurance "Lawyer of the Year" in Southern California
Best Lawyers of America 2015 Southern California - Commercial Litigation
Best Lawyers of America 2016 Southern California -Commercial Litigation, Insurance Law and Litigation
Best Lawyers of America 2017 Southern California -Commercial Litigation, Insurance Law, and Insurance Litigation
Best Lawyers of America 2018 - Insurance Law, Orange County
Best Lawyers of America 2019 - Commercial Litigation
Top 100 Southern California Super Lawyers 2013
Top 100 Southern California Super Lawyers 2014
Top 100 Southern California Super Lawyers 2015
Top 100 Southern California Super Lawyers 2016
Top 100 Southern California Super Lawyers 2017
Top 100 Southern California Super Lawyers 2018
Top 100 Southern California Super Lawyers 2019
Top 5 Orange County Attorneys in Employment Law, OC Metro Magazine, 2009
Top 5 Orange County Attorneys in Insurance Law and Employment Law, OC Metro Magazine, 2010
Top 5 Orange County Attorneys in Insurance Law, OC Metro Magazine, 2011
Top 5 Orange County Attorneys in Insurance Law, OC Metro Magazine, 2012
Top 50 Orange County Southern California Super Lawyers 2010
Top 50 Orange County Southern California Super Lawyers 2011
Top 50 Orange County Southern California Super Lawyers 2012
Top 50 Orange County Southern California Super Lawyers 2013
Top 50 Orange County Southern California Super Lawyers 2014
Top 50 Orange County Southern California Super Lawyers 2015
Top 50 Orange County Southern California Super Lawyers 2016
Top 50 Orange County Southern California Super Lawyers 2017
Top 50 Orange County Southern California Super Lawyers 2018
Top 50 Orange County Southern California Super Lawyers 2019

Biography

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