David B. Ezra

David B. Ezra

Attorney Profile

Top Rated Insurance Coverage Attorney in Irvine, CA

Berger Kahn, A Law Corporation
 | 1 Park Plaza, Suite 340, Irvine, CA 92614
Phone: 949-474-1880
Fax: 949-313-5029
Selected To Super Lawyers: 2007, 2009 - 2021
Licensed Since: 1990
Practice Areas:
  • Insurance Coverage (90%),
  • Alternative Dispute Resolution (10%)
    Attorney Profile

    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 also works as a mediator and expert witness. Since co-founding Innovative Dispute Resolution (IDR) in 2005, David has moved on to launch his own mediation and arbitration practice, David Ezra Mediations, where he mediates a wide range of complex disputes related to employment and labor, insurance, business, defamation, construction, personal injury, professional liability, finance, bankruptcy, and more. David is also the 2018 Chair of the OCBA's Alternative Dispute Resolution Section. He also offers his services as an insurance coverage expert witness in connection with insurance litigation -- David Ezra Expert Witness.

    David was named as the Best Lawyers 2019, 2018 and 2016 Insurance Litigation “Lawyer of the Year” in Southern California, named to the list of Best Lawyers of America 2015-present, and recognized as 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.

    Beyond his litigation work, David writes and speaks extensively on insurance, mediation, and other aspects of law. In his free time, David explores his interest in baseball. In 2008, he published a book on baseball and steroids, Asterisk: Home Runs, Steroids, and the Rush to Judgment (Triumph Books; Foreword by Mike Schmidt).

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    David has significant appellate experience, obtaining many published and unpublished decisions, including: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

    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).

    About David Ezra

    Admitted: 1990, California

    Professional Webpage: http://bergerkahn.com/our-people/david-b-ezra/

    Honors/Awards:

    • AV® Preeminent™ Peer Review Rated – Martindale-Hubbell, AV® Preeminent™ Peer Review Rated, Martindale-Hubbell
    • AV® Preeminent™ Peer Review Rated – Martindale-Hubbell in Alternative Dispute Resolution, AV® Preeminent™ Peer Review Rated – Martindale-Hubbell in Alternative Dispute Resolution, Martindale-Hubbell
    • 2021 Southern California Super Lawyers, Southern California Super Lawyers, Super Lawyers, 2021
    • David Ezra – Best Lawyers 2021 |Commercial Litigation, Insurance Law, Litigation – Insurance, Best Lawyers, Best Lawyers in America, 2021
    • Best Lawyers 2020 | Commercial Litigation, Insurance Law, Litigation – Insurance, Best Lawyers, Best Lawyers in America, 2020
    • Southern California Super Lawyers, Southern California Super Lawyers, Super Lawyers, 2020
    • 2019 Southern California Super Lawyers, Southern California Super Lawyers, Super Lawyers, 2019
    • Best Lawyers 2019 – Commercial Litigation, Insurance Law, and Insurance – Litigation, Best Lawyers, Best Lawyers in America, 2019
    • Best Lawyers Litigation-Insurance “Lawyer of the Year” in Southern California, Lawyer of the Year, Best Lawyers, 2019
    • Best Lawyers 2018 – Commercial Litigation, Insurance Law, and Insurance – Litigation, Best Lawyers, Best Lawyers in America, 2018
    • Best Lawyers Insurance Litigation “Lawyer of the Year” in Southern California, Lawyer of the Year, Best Lawyers of America, 2018
    • For their excellence in the practice of law and their Martindale AV listing, two Berger Kahn Shareholders are included ALM’s “Top Rated Lawyers,” an honor reserved for only the top 5% of the Bar. The American Lawyer and Corporate Counsel will be publishing a list celebrating their award and Berger Kahn congratulates our attorneys on their honor., Legal Leaders Top Rated Lawyers – Insurance, ALM, 2017
    • David Ezra has been recognized in Top Verdict's Top 100 Class Action Settlements in 2017 for a $145,000 settlement in Nguyen v. Renaissance Nails & Spa Inc., a class action labor and employment suit involving unfair business practices, unpaid wages, and wage and hour violations., Top 100 Class Action Settlements, Top Verdict, 2017., Top 100 Class Action Settlements, Top Verdict, 2017
    • Best Lawyers 2017 – Commercial Litigation, Insurance Law, and Insurance – Litigation, Best Lawyers, Best Lawyers in America, 2017
    • For their excellence in the practice of law and their Martindale AV listing, Berger Kahn attorneys are included ALM’s “Top Rated Lawyers,” an honor reserved for only the top 5% of the Bar. The National Law Journal, The American Lawyer and Corporate Counsel celebrate our attorneys’ accomplishments in: Insurance Law:In the 2016 list of “Top Rated Lawyers – Insurance” Managing Partner Craig Simon, Shareholder Dave Ezra, and Partners Roberta Winston, and Dale Amato are selected. Personal Injury Law:In the 2016 list of “Top Rated Lawyers – Personal Injury” Shareholder Sherman Spitz is selected. Berger Kahn congratulates all of our attorneys on their honor., Legal Leaders Top Rated Lawyers – Insurance, ALM, 2016
    • With only the top 1% of attorneys garnering this honor, Managing Partner Craig Simon and Shareholders Sherman Spitz and David Ezra are designated Lifetime Achievement members to the “America’s Top 100 Attorneys” list in Southern California. It is the mission of “America’s Top 100” to recognize the most qualified and accomplished professionals by invitation-only after a multi-phase selection process including third-party research and statistical analysis of a candidate’s professional experience, achievements, significant results, community impact, peer reputation, consumer satisfaction, and other proprietary factors specific to each profession. Membership is limited to the Top 100 professionals from each state in each category of practice who best exhibit excellence and the highest ethical standards in their respective professions. Berger Kahn congratulates our three attorneys admitted to “America’s Top 100 Attorneys” where they join the ranks among the most highly esteemed practitioners of the law. Read more…, “America’s Top 100 Attorneys” Lifetime Achievement Honor, America’s Top 100 Attorneys, 2016
    • Best Lawyers Insurance Litigation “Lawyer of the Year” in Southern California, Lawyer of the Year, Best Lawyers of America, 2016
    • Best Lawyers 2016 | Commercial Litigation, Insurance Law, Litigation – Insurance, Best Lawyers, Best Lawyers in America, 2016
    • Best Lawyers 2015 | Commercial Litigation, Insurance Law, Litigation – Insurance, Best Lawyers, Best Lawyers in America, 2015
    • Best Lawyers 2014 | Commercial Litigation, Insurance Law, Litigation – Insurance, Best Lawyers, Best Lawyers in America, 2014
    • Berger Kahn is proud to announce that many of the firm’s AV Preeminent® attorneys have been recognized by Martindale-Hubbell® and American Lawyer Media as 2013 Southern California “Top Rated Lawyers,” including Managing Principal Craig Simon, Principals David Ezra, Sherman Spitz, Lance LaBelle, and Partners Steven Gentry, Dale Amato and Roberta Taylor Winston. The 2013 Southern California’s Top AV Rated Lawyers’ publication featuring Berger Kahn’s “Top Rated Lawyers” will be available November 24, 2013 in The Los Angeles Times, as well as in three ALM award-winning national publications: The American Lawyer, Corporate Counsel and National Law Journal. AV Preeminent® is a significant rating accomplishment of a lawyer’s peers ranking him or her at the highest level of professional excellence. http://bergerkahn.com/los-angeles-times-recognizes-berger-kahn-attorneys-to-list-of-southern-californias-top-rated-lawyers/, Los Angeles Times Recognizes Berger Kahn Attorneys to List of Southern California’s “Top Rated Lawyers”, Los Angeles Times, 2013
    • Daily Journal Selects Suit Involving Berger Kahn as “Top Plaintiffs’ Verdicts by Dollar” for the Firm’s Role in the $69M Yorba Linda Water District Judgment(filed under: In The News | February 19, 2013)A July 13, 2012 judgment awarding a group of homeowners and subrogating insurers more than $69 million also earned Berger Kahn a spot in the Daily Journal’s “Top Verdicts” for the Top Plaintiffs’ Verdict by Dollar.Berger Kahn’s clients, insurers with Farmers Insurance Group of Companies,  were awarded $9.2 million of the total verdict.  Shareholder David Ezra worked as unofficial liaison counsel along with several other plaintiff attorneys.“This was a very significant judgment,” says David Ezra, “primarily because of the shocking series of accidental events that led to the catastrophic failure of the Yorba Linda Water District’s essential pumping station.”*****   *****Top Plaintiffs’ Verdicts by Dollar -Itani v. Yorba Linda Water District***** In 2008, a catastrophic wildfire swept through northern Orange County, scorching more than 30,000 acres and damaging or destroying 381 homes. A group of homeowners and subrogating insurers filed suit against the Yorba Linda Water District, alleging the agency was responsible for certain property losses because the city’s fire hydrants went dry just before the blaze. When the fire threatened homes in the upper Hidden Hills area of Yorba Linda, three electrical pumps stopped working because of a wiring short and the gas-powered emergency fire pump overheated. As a result, hydrants went dry and nearly 20 homes were damaged or reduced to ash. The suit argued that the water district was liable for the damage under principles of inverse condemnation, which allows victims to sue a government agency over loss of property, said Eric V. Traut, and attorney who represented the plaintiffs. Retired Judge John K. Trotter ruled in favor of 12 of the 19 involved homes, stating that firefighters were able to get water to the other seven. A total judgment of nearly $70 million was awarded to the homeowners and subrogating insurers. Itani v. Yorba Linda Water District, City of Yorba Linda, 30-2009-00124906 (Orange County Super. Ct., filed 2009). Traut said the case is particularly unique because it was one of the first inverse condemnation cases in the state to be tried involving a fire. Attorney David B. Ezra of Berger Kahn, who worked as unofficial liaison counsel along with several other plaintiff attorneys, said hundreds of depositions were involved in the case since it began in early 2010. “The case had been pending for a long time, and the water district did not think they were liable at all,” he said. “So it was a hard-fought battle.” The district argued that because it did not start the fire, it could not be held liable. The city of Yorba Linda was dismissed by all plaintiffs prior to the reference proceeding and was not held liable. Traut and the homeowner plaintiffs have now teamed up with the water district in a a lawsuit against the water district’s insurance company, American International Group, alleging the company denied the claim and refused to pay the verdict.-Alexandra SchwappachTo read more, visit the Daily Journal, Top Plaintiffs' Verdicts by Dollar, Daily Journal, 2013
    • With 25 years of experience, Ezra’s practice concentrates on insurance coverage, business and employment litigation. He serves as a mediator, helping parties to settle all kinds of civil disputes and he frequently acts as a retained expert for parties involved in liability insurance disputes. He finished in the top 3 percent at USC's Law School, and was an editor of the Southern California Law Review. Ezra is listed frequently among the “Top 50 Orange County” Southern California Super Lawyers and Martindale-Hubbell’s AV Premier rating.“I always push the envelope of creativity when solving client problems while striving for excellence within several legal fields. Berger Kahn has given me the opportunity to think differently, which has always benefitted my clients”.Each month, Ezra, along with partners Lance LaBelle, Roberta Winston and Ann Johnston, review recently published appellate decisions in an e-newsletter that has been a long-standing resource within the field.Committed to community involvement, Ezra, along with partners Teresa Ponder and Steve Cohn, welcomed a high school student from Santa Ana as summer intern to promote professional success for Orange County youth.Says Managing Partner Craig Simon, “We are serious lawyers with a different and unique persona and a fresh approach.”  http://www.bergerkahn.com/news.php/2/571, OC Metro Top Attorney 2012, OC Metro, 2012
    • Top 5 Orange County Attorneys in Insurance Law, Top 5 Orange County Attorneys in Insurance Law, OC Metro Magazine, 2011
    • Top 5 Orange County Attorneys in Insurance Law and Employment Law, featured on the cover of OC Metro magazine http://www.bergerkahn.com/news.php/2/448, Top 5 Orange County Attorneys in Insurance Law and Employment Law, OC Metro Magazine, 2010
    • Top 5 Orange County Attorneys in Employment Law, Top 5 Orange County Attorneys in Employment Law, OC Metro Magazine, 2009

    Special Licenses/Certifications:

    • Certification in Conflict Management and Alternative Dispute Resolution, University of California, Irvine, 2005, 2005

    Bar/Professional Activity:

    • Member, Orange County Bar Association; State Bar of California 1990; Ninth Circuit 2002 Central District 1991; Southern District; Northern District  

    Verdicts/Settlements:

    • Hayward v. Superior Court, 2 Cal. App. 5th 10 (2016), 2016
    • Underwriters of Interest v. ProBuilders Specialty Ins. Co., 241 Cal. App. 4th 721 (2015), 2015
    • Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007) - a decision in David's clients' favor

    Other Outstanding Achievements:

    • American Jurisprudence Awards: (1) Evidence (2) Gifts, Wills & Trusts (3) Development of Legal Thought
    • Notes Editor, Southern California Law Review

    Videos:

    • Magazine OC Metro profiles Berger Kahn Partner David Ezra as a "Top Attorney" with a video featuring his insight into workplace discrimination., When is it Workplace Discrimination?

    Educational Background:

    • Certification in Conflict Management and Alternative Dispute Resolution, University of California, Irvine, 2005
    • J.D., University of Southern California School of Law, 1990
    • B.A., California State University, Fullerton, with honors, 1987
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    Office Location for David B. Ezra

    1 Park Plaza, Suite 340
    Irvine, CA 92614

    David B. Ezra:

    Last Updated: 4/15/2021

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