Timothy J. Witczak

SUMMARY

Timothy J. Witczak is a trial attorney at the firm’s Oakland office. Mr. Witczak’s litigation practice focuses on business disputes, employment law, professional liability, and construction defects. He has represented public and private entities in civil litigation involving eminent domain, employee misclassification, breach of contract, negligence, civil rights, and personal injury. In addition to his litigation experience, he has also appeared before state administrative bodies that regulate and control natural resources. Mr. Witczak has litigated complex quasi-public work and infrastructure cases involving right-of-way access for the construction and operation of petroleum pipelines across the Midwest. His involvement included acquisition of land rights, defending technical aspects of design and construction, and compliance with environmental and regulatory statutes.

Mr. Witczak also has extensive experience providing pro bono services to indigent litigants in the legal system and has been called on by courts to intervene and assist persons without legal representation.

Mr. Witczak received a Bachelor of Arts in Political Science from Loyola University Chicago and his Juris Doctor from Boston College Law School. He is licensed to practice law in California and Illinois.

EXPERIENCE

Obtained Release of all Claims Against Architect in Negligence: Developer and general contractor sued architect for negligence arising from a 174-unit condominium complex in San Francisco. Demurrer sustained without leave to amend to General Contractor’s claims against the architect. Motion for summary adjudication granted on general contractor’s duty to defend and indemnify architect. Developer and general contractor released all claims against architect and reimbursed architect for attorney fees incurred.

Obtained Dismissal on Behalf of Landscape Architect in Wrongful Death Case: A wrongful death suit was brought after a high school student was killed in collision with a landscape hauling truck while bicycling to work. Case dismissed after demonstrating landscape architect was not involved with or controlled in landscape hauling truck.

Case Dismissed Against Contractor After Filing a Demurrer: A wrongful death suit was filed against a contractor after a laborer fell from elevated trellis and sustained fatal injuries. Case dismissed with prejudice after filing a demurrer.

Negotiated Successful Resolution in Homeowner Suit Against HOA: Resident filed suit against a homeowners’ association, alleging the HOA violated California law on Electric Vehicle Charging Stations. Successfully persuaded resident to abandon his design for a charging station and install a charging station according to HOA rules and regulations.

Obtained Permanent Injunction in Favor of Engineer: Direct competitors requested engineer’s project proposal submitted to public transit entity under the California Public Records Act. Obtained permanent injunction preventing release of engineer’s records to competitors.

PROFESSIONAL MEMBERSHIPS
  • State Bar of California