David B. Ezra

David Ezra, a principal in Berger Kahn’s Orange County office, has more than 20 years of experience successfully representing clients involved in insurance coverage, employment, business and class action litigation. As an author of hundreds of opinions who has been directly involved in the investigation and evaluation of countless insurance claims, David also serves as an expert witness in connection with insurance litigation. He additionally serves as a mediator, having co-founded IDR Mediation Services in 2005.

David has been selected as one of Orange County’s Top 5 Attorneys in the area of Insurance for several consecutive years by OC Metro magazine. In 2009 and 2010, David was selected as one of Orange County’s Top 5 Attorneys in the Employment category. David also was named to the list of “Top 50″ Orange County Super Lawyers for 2010 – 2014 and is named to the list of “Top 100″ Southern California Super Lawyers for 2013 and 2014.

David has significant appellate experience, obtaining many published (and unpublished) decisions in his clients’ favor, including: Liberty Mut.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); and Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007).

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

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).

David believes there’s only one way to practice law — 100% dedication to achieving the client’s objectives.


Education

University of California, Irvine, Certification in Conflict Management and Alternative Dispute Resolution (2005)
University of Southern California School of Law (JD, 1990)
• Editor, Southern California Law Review
• Order of the Coif
California State University, Fullerton, with honors (BA, 1987)


Admitted to Practice

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


Memberships

Orange County Bar Association


Distinctions

AV® Preeminent™ Peer Review Rated – Martindale-Hubbell
AV® Preeminent™ Peer Review Rated – Martindale-Hubbell in Alternative Dispute Resolution
Best Lawyers of America 2015 Southern California – Commercial Litigation
Top 5 Orange County Attorneys in Insurance Law, OC Metro Magazine, 2012
Top 5 Orange County Attorneys in Insurance Law, OC Metro Magazine, 2011
Top 5 Orange County Attorneys in Insurance Law and Employment Law, OC Metro Magazine, 2010
Top 5 Orange County Attorneys in Employment Law, OC Metro Magazine, 2009
Top 100 Southern California Super Lawyers 2014
Top 100 Southern California Super Lawyers 2013
Top 50 Orange County Southern California Super Lawyers 2014
Top 50 Orange County Southern California Super Lawyers 2013
Top 50 Orange County Southern California Super Lawyers 2012
Top 50 Orange County Southern California Super Lawyers 2011
Top 50 Orange County Southern California Super Lawyers 2010
2014 Southern California Super Lawyers
2013 Southern California Super Lawyers
2012 Southern California Super Lawyers
2011 Southern California Super Lawyers
2010 Southern California Super Lawyers
2009 Southern California Super Lawyers
2007 Southern California Super Lawyers


Recent Media Coverage
Orange County Register Features Managing Partner Craig Simon and Shareholder David Ezra for their Naming to the List of Best Lawyers in America
Orange County Register – September 26, 2014

O.C. Bar Association Recognizes Berger Kahn for Top Honors in OC Metro, Super Lawyers
Orange County Bar Association – September 23, 2014

Shareholder David Ezra Featured in Insurance Coverage Law Report “Making Sense of California’s Accident Requirement in Liability Insurance Policies – Part 1″
Insurance Coverage Law Report – September 2, 2014

O.C. Register Metro “Top Attorneys” Features Managing Partner Craig Simon, and Principals David Ezra and Lance LaBelle
Orange County Register Metro – September 2, 2014

Los Angeles Times Recognizes Berger Kahn Attorneys to List of Southern California’s “Top Rated Lawyers”
Los Angeles Times – September 1, 2014

National Law Journal Identifies Berger Kahn Attorneys to List of Southern California’s “Top Rated Lawyers – Insurance Law”
National Law Journal – September 1, 2014

Claims Journal Magazine Features Berger Kahn Attorneys in 24-Hour Reporting Column “What You May Not Know About Uninsured Motorists Claims”
Claims Journal – August 26, 2014

Best Lawyers in America Recognizes Berger Kahn Managing Partner Craig Simon and Partner David Ezra
Best Lawyers in America – August 18, 2014

Principal Dave Ezra Featured in Mediate.com for “Writing a ‘Winning’ Mediation Brief”
Mediate.com – February 14, 2014

Eight Berger Kahn Attorneys Named to the List of Super Lawyers With Top Honors in the Lists of “Southern California Top 100” and “Orange County Top 50”
Super Lawyers – January 17, 2014

“Attorneys Pitch in During the Holidays” features Berger Kahn’s Charitable Efforts
Daily Journal – December 30, 2013

Los Angeles Times Recognizes Berger Kahn Attorneys to List of Southern California’s “Top Rated Lawyers”
Los Angeles Times- October 2, 2013

Daily Journal: Principal Dave Ezra on Appellate Review of Insurer-Appointed Defense Attorneys
Daily Journal- September 16, 2013

O.C. Register Metro Features Managing Partner Craig Simon and Principal David Ezra as “Top Attorneys”
O.C. Register Metro Magazine- July 29, 2013

CRE Radio features Berger Kahn’s Dave Ezra on “Lease Insurance Clauses”
Commercial Real Estate Radio – April 26, 2013

ABC7 News Features Berger Kahn Client and Former Costco Pharmacy Tech. Fired for Alerting Supervisors About Excessive Filling of Narcotic Prescriptions
ABC7 Los Angeles – February 21, 2013

Daily Journal “Top Verdicts”: Suit Involving Berger Kahn Selected as “Top Plaintiffs’ Verdicts by Dollar” for the Firm’s Role in the $69M Yorba Linda Water District Judgment
Los Angeles Daily Journal – February 13, 2013

Six Berger Kahn Attorneys Named to the List of Super Lawyers With Top Honors in the Lists of “Southern California Top 100” and “Orange County Top 50”
Super Lawyers Magazine – January 21, 2013

Column Featuring Principal Dave Ezra on Recent High-Profile Cycling Confession
Orange County Register – January 21, 2013

Lance Armstrong: Legally speaking, with David Ezra
Runners Network – January 20, 2013

Daily Journal: California employers rack up ‘wins’ in 2012 decisions
Los Angeles Daily Journal – December 19, 2012

Major Verdict Against Water District for Failure of Hydrants
CBS Money Watch – August 28, 2012

Berger Kahn’s David Ezra is a “Top Attorney”
OC Metro – August 1, 2012

When is it Workplace Discrimination?
OC Metro – August 1, 2012

Expert Employment Law Attorneys’ Year End Review on California Wage and Hour Cases
Marketwire – December 26, 2011


Representative Matters

Berger Kahn Prevails in Uninsured Motorist Benefits Case
Berger Kahn Associate Erin Mindoro and Principal David Ezra obtained a favorable judgment on August 20, 2012 in a case involving alleged uninsured motorist benefits and bad faith claims handling.

Berger Kahn’s Demurrer Sustained Without Leave to Amend
Berger Kahn Principals Jeff Crowe and David Ezra recently had a demurrer sustained without leave to amend in a case where they represented an insurance company against allegations of bad faith failure to defend. 


Speaking Engagements

Orange County Bar Association – Last Dash MCLE 
Mediation and Settlement: Secrets and Strategies You Can Take to the Bank
January 19, 2013


Community Involvement

Berger Kahn Attorneys Attend Judicate West “Suite Night of Baseball” Supporting Inner City Law Center’s Homeless Veterans Program, Sept. 18
Shareholder David Ezra and attorney Erin Mindoro attended the Judicate West “Suite Night of Baseball” event supporting Inner City Law Center’s Homeless Veterans Program, Sept. 18, 2014.

Berger Kahn Attends OC Bar Foundation Associate Board Event Supporting Youth Safety, Health and Education
Shareholder Dave Ezra, and attorneys Erin Mindoro and Zach Rutman attended the O.C. Bar Foundation Associate Board’s premier annual event, benefiting youth safety, health and education programs of the Orange County Bar Foundation.