ABOUT DAVID B. EZRA

Insurance Expert Witness

OVERVIEW

As a shareholder in Berger Kahn’s Orange County office, David Ezra has successfully represented clients involved in insurance and employment litigation for over 25 years. David excels at helping parties find common ground and is known for achieving settlements in even the most challenging circumstances in a cost-effective and time-efficient manner. Armed with extensive liability insurance coverage knowledge, decades of litigation experience, and innovative problem-solving strategies, David is dedicated to collaborating with parties to resolve even the most complex cases.

 

After earning his J.D. from the University of Southern California in 1990 (Order of the Coif, Top 3%) where he served as editor of the Southern California Law Review, David completed his mediation training and certification in 2005 through UC Irvine’s Conflict Management and the Use Of Alternative Dispute Resolution Program. He currently holds an executive leadership position for the Orange County Bar Association, serving as the 2018 Chair for the Alternative Dispute Resolution section. He also serves as a volunteer arbitrator for the Orange County Bar Association’s mandatory attorney fee arbitration program, demonstrating his dedication to alternative dispute resolution not only in business, but as a way of giving back to the community.

Recently, David has been recognized for his years of hard work and dedication, including being named Best Lawyers 2018 and 2016 Insurance Litigation "Lawyer of the Year" for Southern California. He has also been included in the list of Best Lawyers of America from 2015 to present, Super Lawyer's list of "Top 100" Southern California Super Lawyers from 2013 to present and "Top 50" Orange County Super Lawyers from 2010 to present. Additionally, David has been recognized as one of Orange County's "Top 5" Attorneys in Insurance and/or Employment law by OC Metro magazine.

 

Since co-founding Innovative Dispute Resolution (IDR) in 2005, David has launched his own mediation and arbitration practice, David Ezra Mediations, where he resolves a wide range of cases related to employment and labor, insurance, business, defamation, construction, personal injury, professional liability, finance, bankruptcy, and more. Although David Ezra Mediations is based in Orange County, David extends his services to all areas of California. He also offers his services as an expert witness in connection with insurance litigation (see David Ezra Expert Witness).

 

Beyond his litigation and mediation work, David writes and speaking extensively on mediation, arbitration, insurance, employment and other related aspects of law, having most recently published the mediation article “The Mediator’s Nightmare” (as featured in the Orange County Bar Association publication, OC Lawyer). In his free time, David explores his interest in baseball. In 2008, David 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:

"Reaching for Understanding: Mediating Employment Disputes With Small Business Owners" by David Ezra, Orange County Lawyer, July 2016

"Fraud and Collusion Defenses Can be Risky," Los Angeles Daily Journal, November 2015.

“The Mediator’s Nightmare: Am I the Most Unreasonable Party’s Advocate?” by David Ezra, Orange County Lawyer, August 2015.

“Writing a ‘Winning’ Mediation Brief” by David Ezra, Mediate.com

"Taking A Pregnant Pause: Potential Pitfalls In Applying The Business Judgment Rule And The Mixed Motive Defense In Employment Cases," Orange County Lawyer, October 2014

"What You May Not Know About Uninsured Motorist Claims," Claims Journal, August 2014

"Mastering the Blue Ridge Settlement Reservation of Rights"  by David Ezra

"Year-End Insurance Tips for the Small Business Owner" by David Ezra, Avvo Legal Advice

"Beware 'Fraud and Collusion' Defense in Bad Faith Cases" by David Ezra, Los Angeles Daily Journal, November 2015

“Making Sense of California’s Accident Requirement in Liability Insurance Policies" – Part 1 and Part 2 by David Ezra, FC & S Legal, two-part article, Sept. and Oct./Nov. 2014

"Loose Lips Sink Ships: Panel Counsel and Confidentiality" by David Ezra, Los Angeles Daily Journal, September 2013

"Lease Insurance Clauses: Who and What Do They Protect?" featuring guest speaker David Ezra, CRE Radio, April 2013

"'OC METRO'S TOP ATTORNEYS' -- What is workplace discrimination?" featuring David Ezra

"Expert Employment Law Attorneys' Year End Review on California Wage and Hour Cases" by David Ezra and Erin Ezra, Market Wired

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 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, Chair 2018 Alternative Dispute Resolution Section
Orange County Bar Association, Secretary/Treasurer 2016 Alternative Dispute Resolution Section
Orange County Bar Association, Member

DISTINCTIONS
MEDIA COVERAGE

Shareholder David Ezra Named as Best Lawyers 2019 Litigation – Insurance “Lawyer of the Year” for Southern California
Best Lawyers – August 15, 2018

Best Lawyers 2019 Recognizes Managing Partner Craig Simon, Shareholders Sherman Spitz, David Ezra, and Stephan Cohn
Best Lawyers – August 15, 2018

Berger Kahn Attends OCBA’s ADR Section July Meeting Featuring Retired Shareholder Lance LaBelle
Orange County Bar Association – August 6, 2018

Shareholder Dave Ezra Featured in O.C. Attorney Journal
O.C. Attorney Journal – February 27, 2018

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 30, 2018

Shareholder David Ezra to Chair ADR Section of the Orange County Bar Association for 2018
O.C. Bar Association – November 29, 2017

Best Lawyers in America Recognizes Berger Kahn Managing Partner Craig Simon and Shareholders Sherman Spitz, Stephan Cohn and David Ezra in 2018
Best Lawyers – July 15, 2017

David Ezra Named as Best Lawyers 2018 Insurance Law “Lawyer of the Year” for Southern California
Best Lawyers – July 15, 2017

Attorney Journal Features Berger Kahn Shareholders Sherman Spitz and David Ezra in List of “Top Rated Lawyers” Honor
Orange County Attorney Journal – July 14, 2017

Orange County Attorney Journal Features All Berger Kahn Shareholders for Inclusion in Super Lawyers Business Edition
American Lawyer – April 19, 2017

Orange County Attorney Journal Features All Berger Kahn Shareholders for Inclusion in Super Lawyers Business Edition
Attorney Journal – February 20, 2017

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, 2017

Claims Journal Features Shareholder David Ezra in “Mastering the Blue Ridge Settlement Reservation of Rights”
Claims Journal – December 6, 2016

All Berger Kahn Shareholders Featured in 2016 Super Lawyers Business Edition
Super Lawyers – November 23, 2016

Attorney Journal Features Shareholders Steve Cohn and Dave Ezra for Best Lawyers Recognition
O.C. Attorney Journal – November 1, 2016

The National Law Journal Features Berger Kahn Attorneys in List of “Top Rated Lawyers”
National Law Journal – September 1, 2016

Attorney Journal Features Managing Partner Craig Simon With Shareholders Sherman Spitz and David Ezra For Their Selection to America’s “Top 100″
O.C. Attorney Journal – August 3, 2016

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

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 “The Mediator’s Nightmare…”
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

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

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

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

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

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

CONTACT DAVID EZRA, EXPERT WITNESS

David Ezra

INSURANCE EXPERT WITNESS

Contact:

(949) 428-3108

dezra@bergerkahn.com

Location:

1 Park Plaza, Suite 340
Irvine, California  92614

Inquiries Email:

Hannah Hong, Case Manager

hhong@bergerkahn.com

 

Mediation Services:

davidezramediations.com

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