David is a Partner with RMO LLP and Managing Attorney in the San Diego office, which he helped launch. David also chairs the firm’s appellate practice. He represents beneficiaries, as well as professional and corporate fiduciaries – e.g. administrators, executors, trustees, conservators, and guardians – in contested trust, estate, and probate litigation matters, as well as related estate administration issues.
David previously worked for the California Court of Appeal, the California Attorney General’s Office, and the U.S. District Court for the Southern District of California. He graduated magna cum laude from the University of San Diego School of Law, where he was a member of the San Diego Law Review.
AWARDS & RECOGNITION
- “Rising Star,” Super Lawyers, San Diego, 2022-2023
COMMUNITY & PROFESSIONAL INVOLVEMENT
- Chair, The San Diego Bar Association, Estate Planning, Trusts and Probate Section
- Guest Lecturer on Law, Policy and Legal Writing – University of California San Diego
- Guest Lecturer on Employment Law – University of San Diego School of Law
- Member, San Diego County Bar Association – Trusts and Estates; Employment & Labor
- Member, Tom Homann Law Association
- Member, Professional Fiduciary Association of California
- Member, Estate Planning Group Network – Downtown San Diego
- University of San Diego, School of Law
Juris Doctor, magna cum laude
- Metropolitan State College of Denver
BA, Political Science
- Member, State Bar of California
- Successfully appealed trial court’s order denying a motion to compel arbitration in a case involving allegations that trustees misrepresented an easement over the family beach home. Arbitration later resulted in complete defense judgment for trustees.
- On behalf of a trust beneficiary, successfully appealed and overturned a trial court’s ruling that the trustees were not subject to jurisdiction of the California court, confirming the applicability of jurisdictional tests in probate.
- Represented amicus trust beneficiary in appeal over the validity of arbitrator’s award regarding trust assets. After trial court erroneously refused to vacate arbitration award when arbitrator refused to recuse after a party made a request for recusal, obtained a published appellate ruling strengthening protections for parties in arbitration proceedings.
- Through early motions, obtained dismissal of two lawsuits in two different courts contesting trust distribution. The lawsuits were brought by a family member who had been wholly disinherited from the trust and estate.
- Represented administrator of an estate in a civil lawsuit filed by the aggrieved father of a decedent. Obtained dismissal with prejudice through strategic use of early-stage motion practice, with an award of costs to the administrator.
- Represented beneficiaries in a lawsuit against a corporate trustee for breach of fiduciary duty. Negotiated resignation of the trustee and a transfer of assets to new corporate trustee approved by all beneficiaries.
- Represented beneficiary of an estate in dispute with a trustee who had failed to administer trust assets for over twenty years.
- Obtained full payout of all assets owed to the beneficiary, resulting in cash influx that allowed the beneficiary to keep her longtime home.
- Represented the mother of a woman with special needs to obtain court approval of a special needs trust with retroactive reimbursement for mother, who had advanced significant resources for her daughter’s care.
- Successfully defended daughter in elder abuse lawsuit brought by her mother. Successfully demonstrated that the case was being driven by another sibling who was manipulating the mother.
- Successfully defended trustee against twelve separate attempts by the beneficiary to have the trustee removed.
DAVID IN THE NEWS
RMO secures $2.5 million verdict despite fraudster’s court dodging
LOS ANGELES, May 6, 2022 /PRNewswire/ — A fraudster’s attempt to strategically avoid liability and litigation have ended after six years with a $2.5 million judgment.
The plaintiff, represented by national probate litigation law firm RMO LLP, initially filed claims in 2017 as part of a case involving fraud, including tax avoidance. While the matter was initially slated as an arbitration, the defendant (and the multiple shell companies through which they operate) failed to honor contractual terms by refusing to pay the arbitrator. This forced cancelation of the arbitration and shifted the matter to state court.
Resident sues operators of Riverside retirement home, Altavita Village, over sale to for-profit group
A resident at a Riverside retirement community of mostly military veterans is suing to stop its sale, accusing its board of financial mismanagement.
In recent years, residents have raised concerns about the management of Altavita Village as its financial viability has dipped. The community once had a $50 million reserve that after a decade is nearly gone. In January, Altavita defaulted on payments to bondholders.
USD Law Students Submit Amicus Brief to the U.S. Supreme Court
San Diego (December 9, 2013) – University of San Diego (USD) School of Law students David Barnes, Alyssa Eisenberg, David Greco, Erika Oliver, and Daniel Taskalos—under the direction of USD Law Professors Michael Ramsey and Michael Devitt—wrote and filed an amicus curiae brief in support of the respondent in the upcoming U.S. Supreme Court case, National Labor Relations Board v. Noel Canning, A Division of the Noel Corp.
FOUR CALIFORNIA AND TEXAS RMO ATTORNEYS NAMED “RISING STARS”
published in PRNewswire
Increasingly, when families, institutional trustees, professional fiduciaries and charitable beneficiaries find themselves embroiled in a will or trust dispute they turn to national probate litigation law firm RMO LLP…
SCHEDULE A FREE CONSULTATION
Schedule your free consultation here and we’ll contact you at your convenience.
Please note that communications by you to RMO LLP or any of its lawyers through this website do not create an attorney-client relationship between you and the firm. Do not send any privileged or confidential information to the firm through this website or otherwise until instructed in writing from us to do so.
(424) 320-9444 email@example.com
(949) 226-8509 firstname.lastname@example.org
(619) 323-3200 email@example.com
(805) 308-7333 firstname.lastname@example.org
(816) 705-1033 email@example.com
(786) 761-8333 firstname.lastname@example.org
(346) 502-6700 email@example.com