David Hackett has a broad-based appellate practice and has served as lead counsel for numerous appeals, writ petitions, and dispositive pre-trial and post-trial motions in state and federal courts. He frequently helps trial counsel, businesses, insurers, and individuals to navigate appellate and post-trial issues and consults with clients and trial teams regarding record preservation and critical briefing in all phases of litigation. He has substantive experience across a wide variety of topics, including: agency and partnership, anti-SLAPP motions, arbitration, civil procedure, contracts, constitutional law, employment, family law, health care, intellectual property, probate, real estate, secured transactions, state and federal regulations, and tax, among many others.
David received his law degree from Loyola Law School, where he was the class valedictorian. He then served as a law clerk to Judge Gary A. Feess of the U.S. District Court for the Central District of California, and to Judge Alfred T. Goodwin of the U.S. Court of Appeals for the Ninth Circuit. Between clerkships, he was an associate in the Los Angeles office of Latham & Watkins, where his practice included complex civil litigation, international arbitration, internal corporate investigations, and white-collar defense.
David graduated magna cum laude and Phi Beta Kappa from UCLA and he is still a dedicated Bruins fan. One of his prized possessions is an autographed copy of Coach John Wooden’s Pyramid of Success.
Outside the courtroom, David is a proud husband and father of two children.
Some of David’s appellate victories include:
Tufeld Corporation v. Beverly Hills Gateway, L.P. (2022) 86 Cal.App.5th 12
Clarifies existing law involving 99-year term limits governing city-lot leases
Clarifies existing law involving 99-year term limits governing city-lot leases
Carachure v. Scott (2021) 70 Cal.App.5th 16
Clarified existing law regarding a court's power to (1) grant partial nonsuit on an affirmative defense and (2) unilaterally approve a settlement agreement
Clarified existing law regarding a court's power to (1) grant partial nonsuit on an affirmative defense and (2) unilaterally approve a settlement agreement
The Court of Appeal opinion confirmed that (1) a trial court can, and should, grant a partial nonsuit where an opening statement unequivocally conceded facts constituting an element of an affirmative defense; and (2) a trial court can unilaterally approve a settlement agreement where the guardian ad litem refused to seek court approval of a validly accepted settlement.
Southern California School of Theology v. Claremont Graduate University (2021) 60 Cal.App.5th 1
Analysis of what constitutes an equitable servitude and when it can be enforced
Analysis of what constitutes an equitable servitude and when it can be enforced
In a unanimous published opinion, the Court of Appeal reversed a judgment against GMSR’s clients, the Claremont Colleges, that limited the Colleges’ right to repurchase property under a decades-old contract. The court held that the repurchase right is a fully enforceable equitable servitude and that trial court erred in invoking the forfeiture doctrine to rewrite that servitude.
Kanno v. Marwit Capital Partners II, L.P. (2017) 18 Cal.App.5th 987
Court comprehensively analyzes the governing principles and application of the parol evidence rule under both California and Delaware law
Court comprehensively analyzes the governing principles and application of the parol evidence rule under both California and Delaware law
The Court of Appeal affirmed the judgment in favor of GMSR’s client in a multi-million-dollar contract dispute. The Court held that the parol evidence rules in both California and Delaware permitted the trial court to receive evidence of—and to enforce—an oral stock redemption agreement.
Novak v. Fay (2015) 236 Cal.App.4th 329
Court establishes procedure for enforcing attorney liens against decedents’ estates
Court establishes procedure for enforcing attorney liens against decedents’ estates
In this first-impression case, the Court of Appeal harmonized some apparently conflicting laws and ruled that the holder of an attorney lien need not file a creditor’s claim in the probate estate of the deceased client.
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