Daniel M. Livingston

Daniel M. Livingston has successfully handled hundreds of civil litigation matters involving a wide range of commercial issues, and has tried numerous cases to verdict, judgment or arbitration award.

Companies and individuals turn to Dan for his experience and judgment as a skilled trial attorney and for his long record of success in resolving complex business and real estate litigation disputes. His professionalism and legal skills are well known and clients trust his integrity and sound advice. Dan has represented financial institutions, real estate developers and manufacturers in matters such as:

• Won nearly $10 million jury verdict on behalf of a financial institution over a major homebuilder for breach of a real estate option agreement (San Diego County).
• Won defense judgment in bench trial in real estate fraud case arising from purchase and sale agreement (San Bernardino County).
• Won defense verdict in jury trial on fraud claims in multi-million dollar real estate transaction. Attorney’s fees were awarded to our client and Dan later won bench trial on fraudulent conveyance claim against the plaintiff in the original case who tried to evade payment of those fees (Orange County).
• Won defense arbitration award in multimillion dollar claim of fraud and breach of contract arising out of development of cellular phone technology (Orange County).
• Won defense verdict in jury trial in claim of product liability against major engine manufacturer involving serious lifetime injuries (Sacramento County).
• Won bench trial in a construction dispute (Orange County).
• Won arbitration award in dispute over ground lease and option to purchase (Orange County).
• Won summary judgment against claim of trade libel and intentional interference in commercial dispute, holding the statements were not actionable because they expressed opinions and fully disclosed provably true facts on which the opinions were based (Orange County). The judgment was later upheld on appeal. Franklin v. Dynamic Details, Inc., 116 Cal. App. 4^th 375, 10 Cal. Rptr. 3d 429 (2004).
• Won numerous motions to dismiss, demurrers and motions for summary judgment which terminated cases short of trial in both state and federal courts.

Dan and his wife have been happily married for over 35 years and are the parents of three adult children and have three adorable grandsons.