David E. Hackett



David Hackett has a broad-based appellate practice in which he has briefed and argued numerous appeals, writ petitions, and dispositive pre-trial and post-trial motions on a variety of topics, including agency and partnership, anti-SLAPP motions, 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 expertise representing secured commercial creditors in appeals regarding California’s unique real estate foreclosure procedures and the law of suretyship and guaranty.

David received his law degree from Loyola Law School, 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 appellate victories include:

  • Baral v. Schnitt (Jan. 28, 2022, B298050) 2022 WL 263108 (nonpub. opn.) – Court of Appeal reversed jury’s compensatory and punitive damages awards and trial court’s denial of JNOV, ordering entry of defense judgment on all business tort claims.
  • Ray v. State Farm Mutual Automobile Insurance Co. (9th Cir. 2021) __ F.Appx. ___ [2021 WL 4902357] – Ninth Circuit affirmed judgment, rejecting plaintiffs’ belated effort to change insurance bad faith theories.
  • 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 (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 worth more than $30 million.
  • Kanno v. Marwit Capital Partners II, L.P. (2017) 18 Cal.App.5th 987 – Court of Appeal affirmed judgment, comprehensively analyzed the parol evidence rule’s governing principles and application, and complimented “all counsel on the excellent briefing and oral argument in this case.”

High-Impact Wins


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

Read Case Details

Southern California School of Theology v. Claremont Graduate University (2021) 60 Cal.App.5th 1

Court of Appeal reverses judgment against GMSR’s clients and orders full enforcement of their property purchase rights

Read Case Details

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

Read Case Details

Novak v. Fay (2015) 236 Cal.App.4th 329

Court establishes procedure for enforcing attorney liens against decedents’ estates

Read Case Details

Speaking and Involvement

Writing and Arguing Winning Motions, Rossdale CLE
Keeping The Lid On The Policy, American Property Casualty Insurance Association
CYA (Coach Your Attorneys): How to Help Your Outside Counsel Preserve the Record for an Appeal, American Property Casualty Insurance Association
Is Dynamex Dynamite? Evaluating Dynamex’s Potentially Explosive Effects On Tort Defendants, Employers, And The Gig Economy; Association of Southern California Defense Counsel Seminar
MCLE: Fighting Non-Economic Tort Damages, Los Angeles City Attorney’s Office
The Write Stuff: How To Win Your Case With A Compelling Style And The Tools Of Rhetoric, December 12, 2018, ProLawCLE
Stop Controlling Me! Recent Legal Developments In Employee/Independent Contractor Classification In The Gig Economy, 29th Annual PCI Western Region General Counsel Seminar
Experts: Can’t Live With Them, Can’t Live Without Them, 28th Annual ACIC General Counsel Seminar
Reptiles, Picassos, And Stealth Bombers: Tips For Combating Aggressive Efforts To Inflate Non-Economic Tort Damages, 27th Annual ACIC General Counsel Seminar
Secret Agents: The Coverage You Didn’t Think You’d Be Providing, ACIC’s 26th Annual General Counsel Seminar

Professional Associations

Friends of the Los Angeles County Law Library, Board Member
Family Violence Appellate Project, New Leadership Council
Beverly Hills Bar Foundation, Board Member (2017 - 2018)
Law Student Mentor, The Appellate Project (2021)
Los Angeles County Bar Association, Appellate Courts Section
Federal Bar Association, Los Angeles Chapter
Association of Business Trial Lawyers (ABTL)
Association of Southern California Defense Counsel (ASCDC)