David E. Hackett

Biography

David Hackett has a broad-based appellate practice in which he has prosecuted and defended numerous appeals and writ petitions, and briefed dispositive pre-trial and post-trial motions, on a variety of topics. They include: agency and partnership, arbitration, civil procedure, contracts, constitutional law, employment, environmental law, evidence, family law, health care, probate, real estate, state and federal regulations, and tax, among many others. David has also developed particular expertise representing secured commercial creditors in appeals regarding California’s unique real estate foreclosure procedures, the law of suretyship and guaranty, the “one action” rule, and the anti-deficiency law.

David received his law degree from Loyola Law School in Los Angeles, where he was the valedictorian of his graduating class. 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 matters.

David received his undergraduate degree 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.

Some of David’s recent appellate victories include:

• Morgan v. J-M Manufacturing Company, Inc. (2021) 60 Cal.App.5th 1078 – Court of Appeal reversed $15 million punitive damages award in asbestos exposure suit.
• Southern California School of Theology v. Claremont Graduate University, et al. (2021) 60 Cal.App.5th 1 – Court of Appeal reversed judgment against the Claremont Colleges, holding that the doctrine of equitable servitudes required full enforcement of their property purchase rights.
• Millennium-Diamond Road Partners, LLC, et al. v. Diamond Bar Country Estates Association (Sept. 24, 2019, No. B285539, unpublished) – Court of Appeal affirmed damages and attorney’s fee awards and rejected appellant’s million-dollar counterclaim.
• Coastline RE Holdings Corp. v. Cunningham (June 7, 2019, No. C076994, unpublished) – Court of Appeal affirmed $3.9 million judgment and held that “sham guaranty” defense failed as a matter of law.
• Kanno v. Marwit Capital Partners II, L.P., et al. (2017) 18 Cal.App.5th 987 – Court of Appeal affirmed judgment, comprehensively analyzed the governing principles and application of the parol evidence rule in California and Delaware, and complimented “all counsel on the excellent briefing and oral argument in this case.”