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. 4th 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 has been named to The Best Lawyers in America for Commercial Litigation and Litigation-Real Estate consistently since 2012, including being named "Lawyer of the Year" for Litigation - Real Estate in Orange County for 2018. He has also been repeatedly named to the Southern California Super Lawyers list by vote of attorney peers and has been repeatedly recognized as one of the Top 50 Super Lawyers in Orange County.
He is a past Chair of the Business Litigation Section of the Orange County Bar Association, and a past member of the Board of Governors of the Orange County Chapter of the Association of Business Trial Lawyers.
Dan currently serves as the Chair of the Orange County Chapter of the J. Reuben Clark Law Society and is a member of the Board of Counselors of the Lincoln Club of Orange County. He is a former President and Member of the California New Motor Vehicle Board, the California Medical Board, and Director of the Newport Beach Library.
Dan and his wife have been happily married for over 35 years and are the parents of three adult children and have two adorable grandsons.
