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

He has drafted hundreds of coverage opinions and been directly involved in the investigation, evaluation and handling of countless insurance claims.  With that background, David is frequently retained as a consultant or 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 2016 Insurance Litigation “Lawyer of the Year” in Southern California, added to the list of Best Lawyers of America 2015 and 2016, and was selected as one of Orange County’s Top 5 Attorneys in the area of Insurance and/or Employment for several consecutive years by OC Metro magazine. He also was named to the list of “Top 100″ Southern California Super Lawyers for 2013-2016 and named to the list of “Top 50″ Orange County Super Lawyers for 2010-2016.

David has significant appellate experience, obtaining many published (and unpublished) decisions in his clients’ favor, including: Liberty Mut.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:

Making Sense of California’s “Accident” Requirement in Liability Insurance Policies, Insurance Coverage Law Report, FC&S Legal (2 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).

 

Education
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)
University of California, Irvine, Certification in Conflict Management and Alternative Dispute Resolution (2005)


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, Secretary/Treasurer 2016 ADR Section
Orange County Bar Association, Member


Distinctions

AV® Preeminent™ Peer Review Rated – Martindale-Hubbell
“America’s Top 100 Attorneys” Lifetime Achievement Honor
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 of America 2016 Southern California – Commercial Litigation, Insurance Law and Litigation
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 2016
Top 100 Southern California Super Lawyers 2015
Top 100 Southern California Super Lawyers 2014
Top 100 Southern California Super Lawyers 2013
Top 50 Orange County Southern California Super Lawyers 2016
Top 50 Orange County Southern California Super Lawyers 2015
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
2016 Southern California Super Lawyers
2015 Southern California Super Lawyers
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
O.C. Bar Association Publication Features Shareholder David Ezra On “Mediating Employment Disputes With Small Business Owners”
Orange County Lawyer – July 1, 2016

“America’s Top 100 Attorneys” Lifetime Achievement Honor Received by Berger Kahn Attorneys
America’s Top 100 – June 20, 2016

Attorney Journal Features Shareholder David Ezra for Listing Among “Top Law Firms” in the Orange County Business Journal
O.C. Attorney Journal – April 13, 2016

O.C. Bar Association Commends Berger Kahn For Recognition to Super Lawyers Including Elite “Top 100 Southern California” and “Top 50 OC” Lists
O.C. Bar Association – March 14, 2016

Wall Street Journal Features Berger Kahn as a 2016 “Top Ranked Law Firm”
Wall Street Journal – January 29, 2016

Eight Berger Kahn Attorneys Named to the List of Southern California Super Lawyers With Top Honors in the Lists of “Top 100” and “Orange County Top 50”
Super Lawyers – January 20, 2016

Shareholder David Ezra Rises to O.C. Bar Association Board Position for ADR Section
O.C. Bar Association – January 4, 2016

Shareholder David Ezra Featured in Avvo for “Year-End Insurance Tips for the Small Business Owner”
Avvo Legal Guides – January 4, 2016

HG Legal Resources Features Shareholder David Ezra for Small Business Owner Insurance Tips for 2016
HG Legal Resources – January 4, 2016

“Lawyer of the Year” — Principal David Ezra Featured in Orange County Attorney Journal for Recognition by Best Lawyers
O.C. Attorney Journal – December 17, 2015

HG Legal Resources Features Attorney Orlando Arellano and Principal David Ezra in New Column “New Law Offers Piece Rate Employers a Possible ‘Get Out of Jail Free’ Card”
HG Legal Resources – December 17, 2015

Avvo Legal Guides Features Attorney Orlando Arellano and Principal David Ezra in New Column “New Law Offers Piece Rate Employers a Possible ‘Get Out of Jail Free’ Card”
Avvo Legal Guides – December 17, 2015

Daily Journal Features Principal Dave Ezra in “Fraud and Collusion Defenses Can be Risky”
Daily Journal – December 4, 2015

Nine Berger Kahn Partners Featured in Super Lawyers Business Edition
Super Lawyers – November 23, 2015

Los Angeles Times Features Berger Kahn Attorneys in List of “Top Rated Attorneys”
Los Angeles Times – October 14, 2015

Steve Cohn and Dave Ezra of Berger Kahn Highlighted By O.C. Attorney Journal Magazine For Honors By Best Lawyers In America 2016
O.C. Lawyer Magazine – October 14, 2015

Coast Magazine’s “Top Attorneys” Features Principals Craig Simon, Sherman Spitz, Lance LaBelle, David Ezra, and Erin Mindoro
Coast Magazine – October 1, 2015

Best Lawyers in America Recognizes Berger Kahn Shareholders to 2016 List
Best Lawyers of America – August 17, 2015

O.C. Lawyer Features Principal David Ezra in Mediation Column
O.C. Lawyer – August 1, 2015

O.C. Bar Association Commends Berger Kahn Attorneys for Selection to Super Lawyers “Top” Lists
O.C. Bar Association – June 11, 2015

Nine Berger Kahn Attorneys Named to the List of Southern California Super Lawyers With Top Honors in the Lists of “Top 100” and “Orange County Top 50”
Super Lawyers – January 21, 2015

Claims Journal Ranks Berger Kahn Column Column “What You May Not Know About Uninsured Motorist Claims” Among Top 10 Legal Articles
Claims Journal – January 2, 2015

Berger Kahn Celebrates 45th Anniversary as a Unique California Law Firm
January 2, 2015

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

Attorney Journal Community News Features Berger Kahn for Recognition to List of Best Lawyers in America
Orange County Attorney Journal – October 1, 2014

Berger Kahn Attorneys Publish Article in O.C. Lawyer on Recent Trend in Employment Litigation Trial Practice and the Business Judgment Rule
O.C. Lawyer – October 1, 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

OC Bar Association – ADR Section Meeting
Baseball Arbitration (In and out of Baseball): Barry Bonds and Other Stories
March 28, 2016

QDR Mediation – Monthly Educational Seminar 
Persuasive Legal Writing: Strategies and Tactics
June 12, 2015

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


Community Involvement

O.C. Bar Foundation Associate Board Summer Rooftop Event Attended and Supported by Berger Kahn
In support of the programs and initiatives of the O.C. Bar Foundation, OCBF Associate Board member and Berger Kahn partner Erin Mindoro, along with Shareholder Dave Ezra, attorney Orlando Arellano and legal secretary Pam Daubert joined the Bar Foundation for their summer rooftop event.

Shareholder David Ezra at Judicate West Charity Baseball Night for Inner City Law Center
Shareholder Dave Ezra supported the Inner City Law Center while enjoying a day at the ballpark thanks to Judicate West Foundation and their annual charity baseball night, at the Dodgers vs. Brewers game for a good cause.

Shareholder David Ezra and Principal Erin Mindoro Run 5K at O.C. Marathon for O.C. Bar Foundation
The Orange County Bar Foundation proudly included Shareholder David Ezra and Partner Erin Mindoro among their charity team at the O.C. Marathon, culminating in the Wahoo’s 5K run.

Shareholder David Ezra and Prinicpal Erin Mindoro Attend Bar Foundation Event in Support of Empowering Youth
Shareholder David Ezra and Principal Erin Mindoro attended the O.C. Bar Foundation “Game Day Fundraiser” on behalf of Berger Kahn, enjoying football, food, games and raffle prizes all in support of the nonprofit organization where Erin serves on the Associate Board.

Principals David Ezra and Erin Mindoro Attend O.C. Bar Foundation Society of Fellow Recognition Reception and Installation Dinner
Principals David Ezra and Erin Mindoro attended the O.C. Bar Foundation Society of Fellow Recognition Reception and Installation Dinner recognizing those who made the important work of the Bar Foundation possible throughout the year. Erin Mindoro is a proud member of the Associate Board of the Bar Foundation and is involved in many of their events throughout the year.

Berger Kahn Supports Arts, Access to Justice and Safer Children and Families
In the effort to support the community, Berger Kahn has been able to give in-kind donations to nonprofit partners who make our community strong.

O.C. Bar Foundation Event Sponsored by Berger Kahn
In support of the programs and initiatives of the O.C. Bar Foundation, Associate Board member attorney Erin Mindoro, along with Principal Dave Ezra and attorney Orlando Arellano joined the Bar Foundation for their summer rooftop event.

Berger Kahn at the Constitutional Rights Foundation Annual Benefit
Partner Dave Ezra and Attorneys Erin Mindoro and Zach Rutman joined the Constitutional Rights Foundation to celebrate 33 years of service to Orange County youth, recognize the outstanding legal leadership, and raise awareness of the CRF’s work promoting civic literacy and youth leadership.

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.

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.