Timothy D. McGonigle, PC handles a broad spectrum of litigation disputes on behalf of individuals and corporations.  The firm, founded in 1986, is one of the top plaintiff firms in California and has obtained numerous multi-million dollar verdicts and settlements on behalf of the firm’s clients.  Timothy D. McGonigle is the firm’s principal trial attorney, having practiced law for twenty years.  This firm handles jury and bench trials, arbitrations, mediations, and other dispute resolution matters throughout the State of California.  The firm is an “AV” rated law firm, the highest rating available, which clearly demonstrates the high quality of legal services we provide to the public. 

Our clients range from corporations to individual entrepreneurs, professionals and individuals.   We realize that the traditional legal billing procedure of straight hourly billing does not suit every client’s situation.  We therefore offer innovative fee structures including contingency fees, mixed hourly/contingency fees, sliding scales and task-based billing.

Sample cases:

Insurance Coverage/Bad Faith Actions:

            Frank Bennett and Metal Preparations v. American Motorists Insurance Company, Los Angeles Superior Court Case Number BC100738.  Timothy D. McGonigle successfully obtained an order by the Superior Court requiring the carriers to defend their insured in litigation brought by the California Medical Center for toxic waste cleanup.   The carriers ultimately settled the bad faith claims brought by the insureds against their insurance companies.

            Thompson v. Fireman’s Fund Insurance Company, Los Angeles Superior Court Case Number BC215304.  In the first appeal considered by the court of appeal on the application of a mold exclusion to water related damage caused to a million dollarindex.html in the Pacific Palisades area of Los Angeles, the court of appeal reversed a summary judgment granted in favor of Fireman’s Fund, finding that there were questions of fact as to the cause of the damage.  The case ultimately settled.

Insurance Disability Cases

            Timothy D. McGonigle has handled numerous claims for disability benefits on behalf of the insured. The firm prides itself in aggressively pursuing discovery and depositions of the insurance company representatives in order to demonstrate the unreasonable denial of benefits.

            A confidential settlement was obtained in one such case during the course of a jury trial.  A recovery in the seven figures was obtained on behalf of this client.

Attorney Malpractice Actions

            For twenty years, Timothy D. McGonigle has been representing clients of former lawyers in fee disputes and attorney malpractice cases.   The firm has aggressively pursued actions against some of the largest law firms in the State of California.   Timothy D. McGonigle prides himself in his willingness to pursue claims on behalf of clients against these law firms and in obtaining extremely advantageous results on behalf of the clients.

Business Torts

            Z Valet v. House of Blues, Los Angeles Superior Court Case Number BC 141039.  Timothy D. McGonigle and co-counsel represented a corporate client in a civil litigation arising out the House of  Blues wrongful termination of the client’s parking contract at the location.  A judgment of $2.7 million was awarded by the jury.  The case settled prior to appeal.

Stock Broker Disputes

            Timothy D. McGonigle has represented both customers and brokerage houses in numerous disputes.  Many of these cases are subject to mandatory arbitration provisions which are required to be resolved through the National Association of Securities dealers.  Mr. McGonigle has successfully handled in excess of thirty matters through arbitration.

            In the reported case of Arista Films, Inc. v. Gilford Securities, Inc. (1996)  43 Cal.App.4th 495 the California Court of Appeal held that the language of the arbitration agreement reflected that it was only intended to govern the relationship between plaintiff and the clearing broker and could not have alerted plaintiff to anticipate otherwise. Further, there was no showing that the relationship between the clearing broker and defendant was other than one between two completely independent entities. Accordingly, defendant, having failed to obtain its own arbitration agreement with plaintiff, could not "piggy back" onto the clearing broker's arbitration agreement with plaintiff as a third party beneficiary.

           Reported Cases: Arista Films, Inc. v. Gilford Securities, Inc. (1996) 43 Cal.App.4th 495; Carlton v. St. Paul Fire & Marine Insurance Company (1994) 30 Cal.App.4th 1450.

The firm has also successfully prosecuted and defended numerous cases which are unreported with the California Court of Appeal.

References available upon request.