Justin D. Witzmann

SUMMARY

Justin Witzmann is a trial attorney at the firm’s San Diego office. Mr. Witzmann’s practice focuses on professional liability, public entity liability, employment law, personal injury, general liability, and general business litigation.

Mr. Witzmann’s professional liability practice includes representation of professionals such as architects, engineers, lawyers and brokers in litigation and contract matters. In employment law, he has represented clients in harassment, wrongful termination and Department of Fair Employment & Housing claims. Mr. Witzmann has represented public entities in employment, destruction of property and personal injury claims. Mr. Witzmann practices in both state and federal court.

Mr. Witzmann is currently a member of several professional organizations, including the North San Diego County Bar Association. He is an affiliate member of The American Institute of Architects San Diego and Palomar Chapters and an affiliate member of the American Council of Engineering Companies San Diego Chapter. He has lectured for some of these organizations and has written publications on several issues germane to his professional clients, including multiple articles on California’s recent passage of Senate Bill-496, which will significantly lessen the impact of contractual indemnity and duty to defend provisions on design professionals in the future.

Mr. Witzmann received his Juris Doctor from Loyola Law School in Los Angeles. He received his Bachelors of Business Administration in Finance from Charleston Southern University where he also played football.

EXPERIENCE

Anti-SLAPP Victory for HOA Client: Mr. Witzmann represented a HOA against a homeowner suing for breach of fiduciary duty and violation of the Davis Stirling Act for the alleged mishandling of neighbor complaints and misconduct related to the use and enjoyment of property. Mr. Witzmann successfully argued an Anti- SLAPP motion on behalf of his client and was able to dispose of the entire matter and recoup attorney fees spent.

Negotiated Favorable Settlement in Construction Defect Action: Mr. Witzmann represented an architect being sued by the owner of a church for alleged construction defects. Mr. Witzmann was able to successfully negotiate a dismissal with prejudice by leveraging the contractual terms of his client’s contract with the owner and shifting liability to other co-defendants.

Favorable Settlement for Yoga Instructor in Employment Action: Mr. Witzmann represented a yoga instructor in an employment action whereby the yoga instructor’s employees sought damages for fraud, harassment, and workplace discrimination. The plaintiffs sought over $1 million in compensatory damages, punitive damages, and prevailing party fees. Through several rounds of dispositive motions, Mr. Witzmann was able to substantially reduce the plaintiffs’ claims and broker a settlement for a fraction of what was sought.

Successfully Negotiated a Dismissal on Behalf of Public Entity: Mr. Witzmann represented a police department and police officers in an action involving the alleged violation of an inmate’s civil rights and destruction of property. Mr. Witzmann was able to obtain a dismissal with prejudice of the entire action after greatly reducing the scope of the plaintiff’s claim through dispositive motions.

Early Dismissal of Engineer before Litigation: Mr. Witzmann represented an engineer after the engineer was sued by a design-build contractor for professional negligence and breach of contract. Mr. Witzmann was able to successfully negotiate a dismissal with prejudice prior to making an appearance in the lawsuit.

PROFESSIONAL MEMBERSHIPS
  • State Bar of California
  • Professional Liability Underwriting Society (PLUS)
PUBLICATIONS/SEMINARS
  • Design Immunity: An Effective Tool
  • Fingers Crossed for Indemnity Relief for Design Professionals
  • Uncross Your Fingers – Governor Brown Signs SB-496 Providing Indemnity Relief to Design Professionals