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James M. Baratta • PartnerPhone: 949.660.1600 - Email: jmb@ggb-law.com
Practice Areas
Insurance Coverage; Insurance Bad Faith; Torts; Appellate
James M. Baratta is one of the preeminent trial and insurance coverage counsel in California, and a senior partner of Grant, Genovese & Baratta, LLP. The firm was selected for inclusion in Martindale-Hubbell’s prestigious “Bar Registry of Preeminent Lawyers” among the top 5% of U.S. law firms, and Mr. Baratta was selected as a “Super Lawyer” in 2008 and 2009 among the top 5% of attorneys in California. In 2009, Mr. Baratta was inducted as a Fellow in the Litigation Counsel of America, a highly selective honorary society composed of less than one-half of one percent of American trial lawyers. Mr. Baratta is AV rated by Martindale-Hubbell, reflecting the highest level of legal ability and general ethical standards in the opinion of the bar and judiciary. Over the last thirty-five years, Mr. Baratta has served as lead trial counsel in all facets of litigation while serving as arbitrator, mediator and crash settlement judge. He has often been retained as an expert witness in insurance coverage, bad faith and legal malpractice cases. His consultation and opinions have been requested by the insurance industry, major corporate clients, policy holders, and other attorneys.
Education
University of California at Los Angeles (B.A., cum
laude and
with honors, 1969); Loyola Law School, Los Angeles (J.D., cum laude,
1972)
Comment Editor, Loyola University Law Review, 1971-1972. Member, Pi Gamma Mu Honor Society. Member, St. Thomas Moore Law Honor Society.
Comment Editor, Loyola University Law Review, 1971-1972. Member, Pi Gamma Mu Honor Society. Member, St. Thomas Moore Law Honor Society.
Authorship,
Lecturing and Appellate Cases
Author, Reliance v. Emerson, 5 Loyola Law Review,
426. Associate Editor, Defense Dialogue, a monthly publication of the Association
of Southern California Defense Counsel, 1975 to 1981. Co-Author, California
Construction Law Manual, 2nd Edition, McGraw-Hill, Sheperds, Inc., 1977,
1979, 1980 and 1981 Supplements. Co-Author, Attorneys Guide To California
Construction Contracts and Disputes, California Continuing Education
of the Bar, 1979, 1980 and 1981 Supplements.
Frequent guest lecturer American Arbitration Association, California Continuing Education of the Bar, American Institute of Architects, and the insurance industry, including California Capital Insurance Companies, Wausau/Nationwide, Transamerica, Gulf, State Farm Insurance Companies and many others. Served as member of the Panel of Arbitrators, American Arbitration Association; Los Angeles Superior Court Arbitration Panel commencing 1980; Crash Settlement Judge Los Angeles Superior Court.
Reported appellate cases include Youngblood v. Board of Supervisors, 22 Cal.3d 644 (1978); Eden v. VanTine, 83 Cal.App.3d 879 (1978); San Diego Bldg. Contractors Assn. v. City Council, 13 Cal.3d 205 (1974); CEEED v. California Coastal Zone Conservation Com., 43 Cal.App.3d 306 (1974); San Diego Coast Regional Com. v. See the Sea, Limited, 9 Cal.3d 888 (1973); Baum Electric Co. v. City of Huntington Beach, 33 Cal.App.3d 573 (1973). Maryland Casualty Co. v. Nationwide Ins. Co., 65 Cal.App.4th 21 (1998); State Farm Fire and Cas. Co. v. W.C.A.B., 16 Cal.4th 1187 (1997). State Farm General Ins. Co. v. Majorino (2002) 99 Cal.App.4th 974; Pardee Constr. Co. v. Insurance Co. of the West (2000) 77 Cal.App.4th 1340.
Frequent guest lecturer American Arbitration Association, California Continuing Education of the Bar, American Institute of Architects, and the insurance industry, including California Capital Insurance Companies, Wausau/Nationwide, Transamerica, Gulf, State Farm Insurance Companies and many others. Served as member of the Panel of Arbitrators, American Arbitration Association; Los Angeles Superior Court Arbitration Panel commencing 1980; Crash Settlement Judge Los Angeles Superior Court.
Reported appellate cases include Youngblood v. Board of Supervisors, 22 Cal.3d 644 (1978); Eden v. VanTine, 83 Cal.App.3d 879 (1978); San Diego Bldg. Contractors Assn. v. City Council, 13 Cal.3d 205 (1974); CEEED v. California Coastal Zone Conservation Com., 43 Cal.App.3d 306 (1974); San Diego Coast Regional Com. v. See the Sea, Limited, 9 Cal.3d 888 (1973); Baum Electric Co. v. City of Huntington Beach, 33 Cal.App.3d 573 (1973). Maryland Casualty Co. v. Nationwide Ins. Co., 65 Cal.App.4th 21 (1998); State Farm Fire and Cas. Co. v. W.C.A.B., 16 Cal.4th 1187 (1997). State Farm General Ins. Co. v. Majorino (2002) 99 Cal.App.4th 974; Pardee Constr. Co. v. Insurance Co. of the West (2000) 77 Cal.App.4th 1340.
Memberships
State Bar of California; Los Angeles County, Orange County and American Bar Associations; Association of Southern California Defense Counsel; American Board of Trial Advocates; Defense Research Institute (Member Insurance Law Committee); and Association of Business Trial Lawyers of Orange County.
Trial
Compendium
Mr. Baratta has tried as lead counsel
over one hundred cases to verdict, judgment and award in binding arbitration.
Representative trials include Karven v. Lee (SC 070820), selected by Verdict Search as one of the top twenty defense verdicts in the United States in 2003. Mr. Baratta was noted for “overcoming great odds heightened by high profile parties, sympathetic plaintiffs, an unsympathetic defendant and skillful opposing counsel”. A four year old boy drowned in the swimming pool of rocker Tommy Lee at his Malibu residence. Plaintiffs asked the jury for $10 million. The verdict was for the defense. The case was carried in every major national and local publication and news program. (Reported June, 2003.)
In Harz v. California Mutual Insurance Company (01044974), plaintiffs rejected a $1.3 million offer to settle their bad faith claim. Instead they demanded $14 million. After forty-two trial days, a Santa Barbara jury deliberated three days and returned a verdict of only $41,000 despite the trial court’s instruction that defendants had breached the insurance contract. (Reported June, 2002.)
In State Farm Fire and Casualty Company v. The Doctors Company (SC 058721) The Doctors Company claimed that State Farm was liable to reimburse it $1.2 million incurred in the defense of their mutual insured. A Santa Monica court found not only in favor of Mr. Baratta’s client, State Farm, but ordered The Doctors Company to reimburse State Farm $225,000 in expenses it had incurred. (Reported April, 2001.)
In its February 2002 Litigation Report, Mealey reported “California Apartment Owner Reimburses Carrier $1.7 M For First-Party Claims.” In California Capital Insurance Company v. President Asset Group, LLC (BS 071300), an award of $1.7 million was obtained by Mr. Baratta against a policyholder for reimbursement of first party benefits paid but held uninsured. The award was paid in full. (Reported February, 2002.)
In Harz v. California Mutual Insurance Company (01044974), plaintiffs rejected a $1.3 million offer to settle their bad faith claim. Instead they demanded $14 million. After forty-two trial days, a Santa Barbara jury deliberated three days and returned a verdict of only $41,000 despite the trial court’s instruction that defendants had breached the insurance contract. (Reported June, 2002.)
In State Farm Fire and Casualty Company v. The Doctors Company (SC 058721) The Doctors Company claimed that State Farm was liable to reimburse it $1.2 million incurred in the defense of their mutual insured. A Santa Monica court found not only in favor of Mr. Baratta’s client, State Farm, but ordered The Doctors Company to reimburse State Farm $225,000 in expenses it had incurred. (Reported April, 2001.)
In its February 2002 Litigation Report, Mealey reported “California Apartment Owner Reimburses Carrier $1.7 M For First-Party Claims.” In California Capital Insurance Company v. President Asset Group, LLC (BS 071300), an award of $1.7 million was obtained by Mr. Baratta against a policyholder for reimbursement of first party benefits paid but held uninsured. The award was paid in full. (Reported February, 2002.)
Other recent trials include: Estep v. California Capital Insurance Company (Fresno Superior Court Case No. 02 CECG 04519) [Insurance Bad Faith] (2005); State Farm General Ins. Co. v. Lam (LASC Case No. BC 334728) [Insurance Coverage] (2006); Beck v. USA/Emory (USDC Case No. CV 05-1643 DSF (JTLx) [Motorcycle/ Auto Accident] (2006); Kohn v. Medina/Erickson Towing (LASC Case No. GC 035293) [Auto/Truck Accident] (2007); Marshall v. Schirmer (OCSC Case No. 06CC11855) [Assault and Battery/Spousal Abuse] (2008).
Associations
American Board of Trial Advocates
(ABOTA); Defense Research Institute, Insurance Law Committee; Association
of Southern California Defense Counsel; Orange County Bar Association.
Personal
Born January 19, 1947; admitted
to California bar, 1972.
Admitted to all California federal district courts.
Admitted to all California federal district courts.