Justin E. D. Daily
Top Rated Business Litigation Attorney in Newport Beach, CA
Selected to Rising Stars: 2012 - 2013
Mr. Daily focuses his practice on business disputes, commercial contracts, employment disputes, real estate matters, trusts and estate litigation and personal injury claims. He represents both defendants and plaintiffs. Mr. Daily has successfully represented parties in matters throughout California, including San Diego, Orange, Los Angeles and Riverside Counties.
Mr. Daily obtained his undergraduate degree in English Literature from the University of California at Berkeley. Mr. Daily earned his juris doctor degree from Loyola Law School in Los Angeles. While in law school, Mr. Daily also attended summer courses at the University of Bologna, Italy, where he studied International Contracts and International Arbitration. Mr. Daily was a member of the International Law Society and served as Senior Note and Comment Editor of the Loyola of Los Angeles International & Comparative Law Review.
Mr. Daily is admitted to practice before all California courts. He is also a member of various legal organizations, including the Orange County Bar Association, the American Association for Justice, the Orange County Business Trial Lawyers Association and the Consumer Attorneys Association of Los Angeles.
- Intellectual Property for a Wired World - Protection is More Important Than Ever (2002) - Article summarizing the concerns and pitfalls involved in maintaining intellectual property rights in an ever-changing technology environment.
About Justin E. D. Daily
First Admitted: 2000
Professional Webpage: http://www.dailyaljian.com/about/justin-daily/
- Fraud/Breach of Warranty - Auto - Client purchased a classic automobile "as is" from a dealership. The dealership advertised the car as having "matching numbers" and "factory fuel injection." Subsequent restoration of the vehicle revealed that the car's engine block numbers had been deliberately removed and re-stamped with the correct "matching" numbers. It was also determined that the vehicle was not originally equipped with "factory fuel injection." The Firm recovered for client the full appraised difference in value between actual and advertised description plus full attorney's fees.
- Business litigation – Confidential Settlement - A client was sued for breach of contract, breach of express and implied warranties, and fraud. The lawsuit sought punitive and other compensatory damages. After filing a motion for summary judgment, Mr. Daily successfully obtained agreement from Plaintiff to dismiss the lawsuit, with prejudice, and release all claims against the client for no money or other consideration.
- Labor and Employment Litigation – Confidential Settlement A Firm client, an Orange County law firm, was sued by a former associate attorney/employee for wage and hour claims and retaliatory termination. The lawsuit sought compensatory and punitive damages as well as attorneys’ fees, costs and expenses. The Firm successfully negotiated a settlement before trial resulting in dismissal of plaintiff’s claims with prejudice and unilateral release of all known and unknown claims against the client, a tolling agreement regarding client’s potential claims against the former employee, and payment by plaintiff to client in an amount in excess of all attorneys’ fees, costs, and expenses incurred by client in connection with the lawsuit.
- Business litigation – Dismissal at Trial A Firm client, a mold inspection company and its owner, was sued by a lawyer for alleged defamation, interference with contract, intentional infliction of emotional distress, and unfair business practices. The lawyer had previously engaged the services of the inspection company. After a year of litigation, the case proceeded to jury trial. On the first day of trial, before trial commenced, the Court granted each of the Mr. Daily's pre-trial motions to exclude certain evidence and argument. In response, the plaintiff dismissed her entire lawsuit.
- Consumer Class Action – Settlement The Firm represented a class of approximately 550 individuals, alleging claims for wrongful eviction practices and related statutory violations against an Orange County hotel. After two years of litigation, the Firm settled the matter for the maximum statutory damages per class member, plus attorneys fees, costs, and expenses totaling approximately $3,000,000.
- General civil litigation – Confidential Settlement Representing plaintiff is action against funeral home, Client alleged that funeral home and embalmer failed to properly embalm husband, alleging breach of contract, infliction of emotional distress, and negligence. Firm obtained a favorable settlement, resolving all claims.
- Construction Litigation – Judgment After Trial A Firm client hired a general contractor to construct a new single family residence in Newport Beach. Unbeknownst to the client, the contractor was unlicensed and unqualified to complete the construction project. The Firm obtained a judgment in the amount of $602,000 to compensate the Client for all fees and costs (including materials) paid to the Contractor. The Court also found that the Contractor had committed fraud and awarded the Client $100,000 in punitive damages in addition to their attorney’s fees of approximately $70,000.
- Personal Injury – Confidential Settlement A Firm client was riding his bicycle in Orange County when a passenger vehicle collided with him and ran him off the road. Blood tests revealed that the driver of the vehicle was intoxicated at the time of the incident. Firm settled the case before trial for the driver’s insurance policy maximum.
- Auto Accident - Our client was involved in a minor rear end collision. We resolved the case for the defendant's insurance policy limits, 2014
- Education / Government Tort Claim - Carter Paysinger v. Beverly Hills Unified School District, et al. (U.S.D.C, Central District) Representing high school principal in discrimination, retaliation, and whistleblower action against school district, its Board, and a governing board member, 2014
- Trusts and Estates Litigation - Court Judgment - In re Richard O. Leverson (Superior Court of California, County of Orange) Successfully defended trust from petition to invalidate trust and replace successor trustee, 2014
- Loyola of Los Angeles International & Comparative Law Review - Senior Note and Comment Editor
- Recipient of the Wiley W. Manuel Certificate for Pro Bono Legal Services, an award for voluntary provision of legal services to the poor and disadvantaged, improving the law and the legal system and increasing access to justice, Awarded by The State Bar of California, 2013
- Mr. Daily is admitted to practice before all California courts. He is also a member of various legal organizations, including the Orange County Bar Association, the American Association for Justice, the Orange County Trial Lawyers Association and the Consumer Attorneys Association of Los Angeles.
- Member of the Board of Directors - GHS Art Collection, Inc., 2014
- 2000 - Loyola Law School, Los Angeles - J.D.
- 1996 - University of California at Berkeley - B.A. in English
- Real Estate Broker's License
- Featured lecturer at teleconference: Intellectual Property for a Wired World, Intellectual Property for a Wired World - Protection is More Important Than Ever, American Bar Association, Business Law Section, 2002
Pro bono/Community Service
- Recipient of the Wiley W. Manuel Certificate for Pro Bono Legal Services, an award for voluntary provision of legal services to the poor and disadvantaged, improving the law and the legal system and increasing access to justice, Awarded by The State Bar of California, 2013, 2013
Other Outstanding Achievements
- Awarded the State Bar of California, Wiley W. Manuel Certificate for Pro Bono Legal Services, 2013
- American Association For Justice
- Consumer Attorneys Association Of Los Angeles
- Orange County Bar Association
- Orange County Business Trial Lawyers Association
Last Updated: 6/23/2022