Darryl J. Horowitt, Esq.
Mr. Horowitt was admitted to practice in 1981. Prior to forming Coleman & Horowitt, LLP, he was a partner of the Fresno, California firm of Lerrigo, Nibler, Berryman, Coleman & Bennett. Prior to moving to Fresno, Mr. Horowitt was engaged in private practice in Orange County, California.
Mr. Horowitt has conducted all phases of litigation in the areas of banking, business disputes, securities fraud (class action and individual), construction, real estate, environmental, casualty insurance defense, personal injury and commercial collections, from initial client contact to settlement, mediation, arbitration and trial – court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker’s Compensation Appeals Board and Agricultural Labor Relations Board). He has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, Mr. Horowitt has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).
- Juris Doctor, 1981, Western State University College of Law, Fullerton, California
- Bachelor of Arts, 1978, California State University, Long Beach, California (History)
- All California Courts, United States Supreme Court, United States Court of Appeals, 9th Circuit, United States District Court, Southern, Northern, Eastern and Central Districts
- Litigation and Law Practice Management Sections of the State Bar of California
- Fresno County Bar Association (Chair: Construction Law Section)
- Federal Bar Association
- Association of Business Trial Lawyers (Member: Board of Directors)
- American Bar Association (Member: Litigation and Law Office Economics Sections; ADR, Construction, and Commercial Law and Banking Committees of the Litigation Section)
- Commercial Law League of America
- California Creditors Bar Association (Secretary)
- Complex Commercial Litigation
- Banking Litigation
- Construction Litigation
- Real Estate Litigation
- Casualty Insurance Defense Insurance Coverage
- Commercial Collections
- Alternative Dispute Resolution
- Represented three defendants in a class action securities fraud action in the United States District Court, Northern District of California, where one defendant was dismissed by motion to dismiss and settlement was reached for the other two defendants on favorable terms prior to class certification.
- Represented one defendant in a class action suit filed in Fresno County and was able to secure a dismissal of the entire action without payment before class certification.
- Represented three financial institutions in a consolidated class action suit filed in Orange County in which the firm’s clients obtained a favorable settlement without the expenditure of significant fees.
- Represented the plaintiff in a complex residential construction defect action in Santa Cruz County in which the client discovered significant construction defects and in which insurance coverage was secured and a significant monetary settlement with the contractor and subcontractors obtained.
- Represented a company that was the subject of a secondary boycott and assisted in the prosecution of actions before the ALRB, the NLRB, state court injunctive actions and a federal court damage action.
- Defended numerous companies in unfair trade practices actions in which favorable settlements were obtained.
Publications and Lectures:
Mr. Horowitt is the author of numerous articles and has served as a panelist for the Consumer Attorneys of California, the AGC of California, the National Association of Women in Construction, and the CPA/Law Forum.
- Court Defines Liability of Architects to Third Parties – Darryl J. Horowitt
- Court Determines Failure to Disclose Deferred Down Payments is a Rees-Levering Violation – Darryl J. Horowitt
- Construction Alert: Changes in Mechanic’s Liens: Must Now Serve Lien (Volume 1) – Darryl J. Horowitt
- Construction Alert: Restriction in Deed Requiring Payment of Prevailing Wages Enforceable (Volume 2) – Darryl J. Horowitt
- Supreme Court Determines Retailers may not Collect Zip Codes – Darryl J. Horowitt & Helen E. Omapas
Honors and Awards:
Mr. Horowitt is the 1993 recipient of the California State Bar Association’s President’s Pro Bono Service Award (District 5), as well as several commendations from the State Bar for providing pro bono legal services. He is also listed in Who’s Who in the West (1985); Who’s Who in California (1985, 1988), Who’s Who among Rising Young Americans (1990, 1992), and International Who’s Who of Professionals (1996).