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Nicholas R. Graham

SUMMARY

Nicholas R. Graham is a trial attorney in the firm’s Orange office. Mr. Graham practices in the areas of professional liability, public entity liability, construction law, employment law, general liability, and general business litigation.  Mr. Graham’s practice has an emphasis on the defense of counties, cities, sheriffs, police officers, and other public employees, as well as the defense of design professionals, including architects and engineers. Mr. Graham believes that comprehensive research and zealous oral advocacy are the keys to obtaining the best results for his clients.

Mr. Graham is a member of the Orange County Bar Association. He is licensed to practice in the Superior Court of California as well as the Central and Southern District Courts of California.

Mr. Graham received his Bachelor of Arts degree from the University of California, San Diego and his Juris Doctor from the University of San Diego School of Law where he a member of the school’s National Trial Team. He enjoys rock climbing and backpacking in the Eastern Sierra Nevada Mountains, as well as traveling with his wife and dog.

EXPERIENCE
  • Motion for Summary Judgment Granted for Municipal Employees: Mr. Graham represented four municipal employees sued for fraud and breach of contract. Mr. Graham successfully obtained summary adjudication in favor of the municipal employees, dismissing them from the lawsuit entirely and protecting them from personal liability and possible payment of punitive damages.
  • Demurrer Sustained in Favor of City: Mr. Graham represented a California city sued for breach of contract and fraud. Mr. Graham identified that the fraud claim, which exposed the city to massive punitive damages, was improper. Mr. Graham filed and argued a demurrer on the fraud claim, which was sustained without leave to amend in favor of the city, greatly reducing the city’s exposure going forward in litigation.   
  • Favorable Settlement for Civil Engineer Client: Mr. Graham represented a civil engineer in response to professional negligence and design defect allegations. With several other parties complicating the case and the civil engineer facing years of litigation, Mr. Graham was able to identify that the civil engineer had a limited scope of work compared to the other defendants in the lawsuit. Using this, Mr. Graham was able to negotiate an early, favorable settlement for engineering client. The settlement amount was under the reporting requirement and removed the civil engineer from protracted litigation.

Dismissal Obtained for Private Client: Mr. Graham represented a private client involved in a land dispute. The client was sued in California, but the subject property, witnesses, and evidence were in Arizona. Mr. Graham filed a motion based on Forum non Conveniens, arguing that California was an improper place to bring the lawsuit. The motion was granted, dismissing the entire case.