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Todd M. Thacker

Partner

E tthacker@wfbm.com
T (415) 781-70720
| F (415) 391-6258

Overview

Todd Thacker is an experienced appellate lawyer; he has directed the drafting of numerous appeals and writs in California, both as an appellant and a respondent. He has appeared before the First, Second, Fourth, and Fifth District Courts of Appeal in California, and federally before the Ninth Circuit. The California State Bar has certified him as an appellate specialist.

Todd represents clients ranging from public and private companies to partnerships, corporations, and individuals. He regularly works with clients to assess the practical effects of bringing an appeal, including the difficult decision whether a prospective appellant should attempt to stay or satisfy a pending trial-court judgment.

Todd has also litigated product liability, corporate, toxic tort, insurance coverage and contract disputes. He led the defense for clients involved in a federal multi-district litigation.

Representative Successes
  • Aviel v. Ng (2008) 161 Cal.App.4th 809 – Successfully argued that a deed of trust was functionally equivalent to a mortgage for purposes of interpreting a commercial lease’s subordination clause.
  • C9 Ventures v. SVC-West, L.P. (2012) 202 Cal.App.4th 1483 – Successful appeal against bench trial verdict due to trial court’s incorrect interpretation of the Uniform Commercial Code.
  • Aveggio v. Advance Auto Parts, et al. (SFSC Case No.  CGC-17-276612) – Products-liability case dismissed against clients for lack of jurisdiction via application of the Supreme Court’s recent decision in Bristol-Myers Squibb Co. v. Superior Court (2017) 137 S.Ct. 1773.
  • Watts v. Ashby Lumber Company, et al. (ACSC Case No. RG17873335) — Products-liability case again dismissed against client for lack of jurisdiction via application of the Supreme Court’s recent decision in Bristol-Myers Squibb Co. v. Superior Court (2017) 137 S.Ct. 1773.
  • Lukic v. Valley Crest Tree Company (4th Appellate District, Court of Appeal No. D 056 094) – Successfully defended motion for judgment notwithstanding the verdict in favor of client landscaping company on grounds that plaintiff authorized client’s actions.
  • Filer v. Foster Wheeler LLC (United States District Court, E.D. PA) 994 F.Supp.2d 679 (2014) – Summary judgment granted in multi-district litigation against plaintiff’s strict-liability claims on grounds that client shipbuilder’s ship was not a “product” for purposes of strict-liability law.
  • Sublett v. Kaiser Gypsum Company, Inc., et al. (SFSC Case No. CGC-14-276377) – Dismissed by plaintiff without hearing after filing summary-judgment motion challenging client’s corporate responsibility for a subsidiary’s actions.
  • Trainor v. Allied Packing & Supply, et al. (ACSC Case No. RG-11-578448) – Successfully demurred to cross-complaint against client on grounds that contractual indemnity provision was not assignable without client’s written consent.
  • Lewandowski v. Ampco-Pittsburgh Corporation, et al. (LASC Case No.  BC4777183) – Successfully demurred to complaint against client on grounds that client could not be held liable for a predecessor’s liabilities when the predecessor’s assets were acquired via stock purchase.
  • McIndoe v. Asbestos Corporation, Ltd., et al. (CDCA Case No.  2:12-cv-09639-RGK-SS) – Successfully brought summary-judgment motion in federal district court on grounds that plaintiffs were barred from seeking recovery because client performed the complained-of actions at the government’s behest.
  • Starbucks v. Amcor Packaging Distribution, et al. (EDCA No. 2:13-CV-01754-WBS-CKD) – Obtained favorable settlement after filing summary-judgment motion against negligence action brought by Starbucks Corporation and contract claim brought by Amcor Packaging Distribution.
  • Conners v. Asbestos Corporation Ltd., et al. (SFSC Case No.  CGC-13-276140) – Filed successful summary-judgment motion in products-liability action against client shipbuilder by challenging sufficiency of plaintiff’s evidence against client.
Beyond the Office

Todd taught an appellate advocacy course at Santa Clara University’s School of Law in Fall 2016.

Todd was the Senior Symposium Editor for the UC Hastings Communications and Entertainment Law Journal. He also attended the United States Military Academy at West Point before transferring to Westmont College.

Todd has a black belt in the Korean martial art of Kuk Sool Won.

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