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Andrew C. Spitser

Partner - los angeles

Experience

Legal Expertise

General and complex probate and civil litigation with emphasis on trusts and estates litigation, real estate and construction litigation, business torts, contract disputes, and copyright claims.  Trial litigator with over a dozen trials completed to verdict, including as first chair.  Experienced appellate court advocate.  Represents trustees and beneficiaries in probate court litigation, and a wide array of charitable foundations, educational institutions, manufacturers, small business operators, general contractors, other entities, and individuals in civil court litigation.  Personal and professional experience in the music business and intellectual property law also allow Andrew to represent clients in entertainment transactions. 

Representative Matters

  • Defended trust company and individual trustees in decade-long litigation regarding trusteeship of nine-figure trusts.  Trustees were sued for virtually every act taken and not taken during trusteeship.  Successfully defended every single claim.  Complete victory at interim trial.  Remaining claims successfully settled, with no recovery against trustees and payment to trustees instead.   
  • First chaired trial representing charitable foundation of major California university, obtaining possession of property and damages against defendant for waste. 
  • Successfully represented operator of landmark Santa Monica delicatessen in litigation regarding Santa Monica seismic retrofitting ordinance.  Landlord sought to impose hundreds of thousands of dollars of costs on client (plus attorneys’ fees).  After bench trial, obtained judgment in client’s favor and over $333,000 in attorneys’ fees and costs.  After Andrew successfully argued the appeal, client was awarded and obtained an additional more than $113,000 in appellate fees and costs. 
  • Successfully defended prominent high-end general contracting firm and its principal in jury trial on claims by homeowner seeking over a million dollars in compensatory damages, plus punitive damages and attorneys’ fees.  After jury trial, judgment entered in favor of our clients on all claims against them; and court awarded more than $520,000 in attorneys’ fees and costs to clients.   
  • Second chaired trial obtaining $50 million verdict against former in-house counsel for entertainment industry client.
  • Represent major music company in probate court litigation regarding ownership of master tape for previously unknown recordings by one of the most popular musical groups of all time. 
  • Represent charitable foundation of California State university in claims regarding $25 million charitable donation. 
  • Successfully represented owner of beachfront Santa Monica property in contentious construction litigation with neighbor and neighbor’s contractors, architects, and engineers, and in related disputes with insurance carrier, City, and the California Coastal Commission.  Obtained nearly five million dollars for the client in settlements over the course of the litigation and dismissals of all cross-claims against the client.
  • Successfully represented individual beneficiary of family trust against claims by sibling
  • Successfully represented racing fuels distributor in claims against distributor for misrepresenting fuel octane.  Obtained successful settlement including payment to client and injunction against further misrepresentations.
  • Obtained temporary restraining order against sale of memorabilia of major Grammy-winning music producer and obtained favorable settlement obligating return of all property to producer’s heirs. 
  • Part of trial team obtaining verdict after trial in favor of record companies, Timbaland, and others on claims of copyright infringement as to the song Big Pimpin’.
  • Represented major video game company in successful defense of copyright claims, affirmed by the Ninth Circuit federal court of appeals.
  • Successfully defended pro bono client at trial and in appellate court against eviction claims, obtaining a life estate in the client’s condominium on a novel theory of constructive trust.   
  • Obtained dismissal of claims against Warner/Chappell Music based on dispute over royalties from Sly and the Family Stone recordings.
  • Obtained dismissal, approved in Court of Appeal, of claims against Motion Picture Association of America based on television royalty dispute.
  • Negotiated favorable settlement after mediation of copyright infringement claims against international film producers.
  • Represent start-up music fan club website for operational and artist agreement.

Honors & Awards

  • "Southern California Rising Stars," Super Lawyers (2015-2018)

Professional, Business and civic Affiliations

  • President, Board of Directors, Mental Health Advocacy Services

Other Career Experience

  • High school English teacher 
  • Audio Engineer

Headlines

Publications

Events & Speaking Engagements

Admissions

  • California, 2008
  • U.S. District Court, 2008
  •    Central District of California
  •    North District of California
  • U.S. Court of Appeals 2016
  •    Ninth Circuit
  • U.S. Supreme Court, 2013

Education

University of California Los Angeles School of Law, J.D., 2007; Order of the Coif

Senior Editor, Volume 54, UCLA Law Review; Managing Editor, UCLA Journal of Environmental Law & Policy; Recipient, Benjamin Aaron Award for most outstanding published student writing

University of Michigan, B.A., 1996; with Distinction, James B. Angell Scholar

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