John T. Brooks
Partner
600 West Broadway
Suite 2600
San Diego, CA 92101
John Brooks’ practice focuses on class action defense, insurance litigation, civil writs and appeals, and general business litigation. Mr. Brooks has represented class action defendants in a variety of fields, including insurance, credit card privacy, antitrust, annuity sales, and real estate. He has substantial trial experience, and has argued before the California Supreme Court and numerous times before the Court of Appeals for the Ninth Circuit and the California Court of Appeal.
Recent Work / Representative Matters
Premium Installment Fee Litigation – Successfully defended insurer in class action seeking restitution of over $200 million based on allegation that premium installment fees were illegally collected. See Interinsurance Exchange of the Automobile Club v. Superior Court (Williams), 148 Cal.App.4th 1218 (2007).
Make-Whole Class Actions – Represented four insurers in obtaining writ relief rejecting class action plaintiffs’ attack on insurer’s contractual reimbursement rights. See 21st Century Ins. Co. v. Superior Court, 47 Cal.4th 511 (2009).
FACTA Class Actions – Represented restaurant, service, and government clients in defeating class actions under the Fair and Accurate Credit Transactions Act.
Credit Card Privacy Class Actions – Represented over half a dozen retailers in class actions alleging violation of California credit card privacy law.
Anti-Steering Litigation – Represented insurer in defeating class action alleging violation of anti-steering statute. See Maystruk v. Infinity Ins. Co., 175 Cal.App.4th 881, 96 Cal.Rptr.3d 494 (2009).
Alter Ego Liability – In bench trial, successfully defended technology company CEO against allegation that client was alter ego of corporation.
Insurance Fraud – In jury trial, obtained defense verdict for insurer by proving that insured committed insurance fraud.
Unfair Competition Law – In bench trial, successfully defended insurer against allegations that client’s practices violated California’s fair claim handling regulations.
Additional published decisions Mr. Brooks has obtained include:
- Wave House Belmont Park v. Travelers Property Casualty Insurance Co., 244 F.R.D. 608 (S.D. Cal. 2007) (jury trial waiver).
- Department of Parks & Recreation v. Bazaar Del Mundo, Inc., 448 F.3d 1118 (9th Cir. 2006) (trademark).
- Hemphill v. San Diego Association of Realtors, 225 F.R.D. 616 (S.D. Cal. 2005) (antitrust class action procedure).
- Hamilton v. State Farm Ins. Co., 270 F.3d 778 (9th Cir. 2001) (bankruptcy and judicial estoppel).
- Freeman v. San Diego Association of Realtors, 77 Cal.App.4th 171 (1999) (antitrust).
Memberships
California Academy of Appellate Lawyers.
Association of Business Trial Lawyers (Board of Governors 2004-2007, Editor-in-Chief of ABTL Report 2000-2004), San Diego County Bar Association.