Profile
A director in Murphy Pearson’s San Francisco office, Arthur’s practice encompasses all phases of litigation, including the representation of corporations and individuals at mediation, arbitration and trial. His represents clients in commercial, business, professional liability and real estate litigation matters, with an emphasis on legal malpractice, insurance and real estate broker defense, breach of contract claims, premises liability, elder law, and construction litigation.
While in law school, Arthur served as judicial extern for the Honorable Martin J. Jenkins, formerly of the United States District Court, Northern District of California. There, he gained considerable exposure to trial advocacy, as well as insight into the many intricacies of the litigation process.
Experience
Representative Matters
- Obtained a defense verdict in a legal malpractice case in with the plaintiff claimed that the firm’s client negligently drafted a post-nuptial agreement that allegedly caused the plaintiff to lose a large share of the community property during the dissolution of his marriage. After arguing that the plaintiff’s claims were time-barred and lacking in evidence of causation and damages, a defense verdict was entered in favor of the client.
- In an action for legal malpractice, obtained judgment for the attorney client on a dispositive motion. Plaintiff claimed that the client negligently handled two separate family law matters resulting in her loss of child and spousal support. The case was successfully dismissed through law and motion practice during the early stages of litigation.
- In an action arising out of a real estate investment dispute, obtained a verdict on the complaint in the plaintiff’s favor on the fraud, negligence, breach of fiduciary duty, and conversion causes of action. The total award of $340,000 included a recovery of investment funds, profits, and emotional distress damages. By way of a motion for non-suit at the conclusion of presentation of the cross-complainants’ evidence, defeated the cross-claims.
- In an insurance broker negligence action, obtained summary judgment for our client, the insurance broker after the plaintiff claimed the broker failed to obtain valid additional insured endorsements for City of Alameda and Alameda Reuse and Redevelopment Agency. Such endorsements would have covered these entities in a claim made by a worker who suffered a catastrophic electrocution injury on city property. Successfully argued that alleged negligence did not cause damage to either plaintiff, and that they were not entitled to pursue subrogation cause of action against the broker.
- Obtained a summary judgment for a general contractor in a construction litigation action. The cross-complainant, a sub-contractor, alleged an indemnity claim against the general contractor, contending that he was obligated to obtain and provide the subcontractor with accurate soil reports prior to commencement of work and bore responsibility for supervising and coordinating all project subcontractors regardless of whether the subcontractors were retained by the general contractor. Successfully argued that the indemnity claim did not owe a duty to the subcontractor because the responsibility and liability for work performed by an independent contractor remains at all times with the party who retained and controlled his activities.
Published Appellate Decisions
- Syers Properties III, Inc. v. Rankin, et al., 226 Cal.App.4th 691, Court of Appeals of California, First District, Division Two, May 5, 2014
Unpublished Appellate Decisions
- Schultze v. Chandler, 765 F.3d 945, United States Court of Appeals, Ninth Circuit, August 1, 2014
Affiliations
- Defense Research Institute (DRI)
- Young Lawyers’ Diversity Committee, Vice Chair
- American Bar Association (ABA)
- Bar Association of San Francisco (BASF)
Presentations
- “How to Properly Prepare a Certificate of Independent Review,” co-presenter, Marin County Bar Association, September 20, 2018; Alameda County Bar Association, September 27, 2018; Sonoma County Bar Association, October 24, 2018; Contra Costa County Bar Association Spectacular, November 16, 2018
- “How to Properly Prepare a Certificate of Independent Review,” co-presenter, Marin County Bar Association, September 20, 2018; Alameda County Bar Association, September 27, 2018; Sonoma County Bar Association, October 24, 2018; Contra Costa County Bar Association Spectacular, November 16, 2018
- “Greatest Case Law Update Ever!,” Panel Speaker, American Bar Association National Legal Malpractice Conference, Washington D.C., April 26, 2018
- “Because You Asked… Hotline FAQs,” co-presenter, Lawyers Mutual, July 2017
Publications
- “Preparing a proper certificate of independent review,” co-author, Marin County Bar, October 2, 2018
- “Preparing a proper certificate of independent review,” co-author, The Daily Journal, April 20, 2018
- “Gray is the New Shade of Legal Malpractice,” co-author, The Daily Journal, March 23, 2017
- “Hope You Enjoyed Your Visit to California, You May Need to Stay Longer than Expected: Statute of Limitations Period for Malpractice Claims Inapplicable to Nonresident Attorneys,“ Riding the E&O Line, Defense Research Institute
Education
JD, New College of California – School of Law
BA, The College of Charleston, Communications with a concentration in Corporate Communications