Brian S. Kabateck Founding and Managing Partner CLOAKING Phone | 213.217.5000 Fax | 213.217.5010 Download vCard

Recognized by his peers as one of the nation's leading consumer attorneys, Brian S. Kabateck has helped his clients obtain more than $1 billion in recovery. Mr. Kabateck has received numerous multi-million dollar verdicts, judgments, and settlements on behalf of his clients, handling claims ranging from personal injury, insurance bad faith, pharmaceutical litigation, wrongful death, class actions, mass torts, and disaster litigation.  

As the current President of the Consumer Attorneys of California, Mr. Kabateck has furthered his commitment to the protection of consumer rights. As the head of the state's largest plaintiff's organization, Mr. Kabateck is determined to preserve California's civil justice system for all its residents. Having been a nationally-recognized leader of consumer protection, Mr. Kabateck has worked with the California Legislature and California Department of Insurance to draft numerous laws in some of the state's most vital industries.

Mr. Kabateck has extensive experience in all judicial forums throughout California. He has argued cases before the California State Supreme Court, California Court of Appeal, Ninth Circuit Court of Appeals, and the Federal Circuit Court of Appeals.

Attorney Articles:

• "Viewpoints: Justice System in California is Under Budgetary Assault," Sacramento Bee (February 19, 2013)
• "Section 17200: Still the California Consumer’s Best Friend?" Advocate (January 1, 2013)
• "A Rent-To-Own Computer Spying Case," Daily Journal (December 21, 2012)
• "Judicial Fact-Finding on the Rise in Class Certification," Daily Journal (November 9, 2012)
• "Viewpoint: Unveiling Proposition 33," The Recorder (November 2, 2012)
• "The Effective Use of Experts in Products-Liability Cases," Advocate Magazine (November 1, 2012)
• "What November Means for California Justice," Daily Journal (October 29, 2012)
• "Good Faith Duty Exists from Inception for Excess Carriers," Daily Journal (October 24, 2012)
• "For-Profit Schools Preying on Low-Income Communities," Daily Journal (September 17, 2012)
• "Consumer Advocates Block Tort Reform Legislation in the 2012 Session," Daily Journal (September 4, 2012)
• "Don't Forget About Me," The Recorder (August 30, 2012)
• "Homeowners' Bill of Rights: a Fairer Foreclosure Process for California," Daily Journal (July 20, 2012)
• "SB 491: Protecting Consumers' Right to Join Together," Daily Journal (June 25, 2012)
• "Question: To Arbitrate or Not To Arbitrate," Daily Journal (April 11, 2012)
• "Treble Punitive Damages For Elder Abuse: Are You Claiming Them?," Daily Journal (March 17, 2012)
• "Class Actions – A Device For The Greater Good?" Daily Journal (March 15, 2012)
• "Public-Private Partnerships: Why It's a Win-Win Situation," Daily Journal (January 30, 2012)
• "Looking Ahead to 2012: Making Court Funding A Priority" Daily Journal (January 17, 2012)
• "Unfinished Legislative Business For Consumers in 2011," Daily Journal (January 3, 2012)
• "Adapting Class Actions: Putting the Wal-Mart v. Dukes decision in context," Advocate Magazine (January 1, 2012)
• "Protecting Privacy, Now More Important Than Ever," Daily Journal (December 14, 2011)
• "Four New Laws Make Our Civil System More Open and Fair," Daily Journal (November 4, 2011)
• PLIVA, Inc. v. Mensing: Once Again, the U.S. Supreme Court Prescribes Preemption (November 1, 2011)
• "Equal Access Axed: Brown Limits Viability of Small Discrimination Claims," Daily Journal (October 18, 2011)
• "What Now? Commonality After Dukes," WestLaw Journal (October 5, 2011)
• "Class actions in the wake of Concepcion and Dukes," Forum Magazine (October 1, 2011)
• "Hiding Behind the Mask of the Attorney Client Privilege," Los Angeles Daily Journal (August 16, 2011)
• "Earn More Now - Transition Your Practice, Small Firm Survival Guide," State Bar of California (August 1, 2011)
• "Auto Design Safety: Regulation by the People," Daily Journal (March 17, 2011)
• "Finding New Alternatives to Litigation Financing," Daily Journal (February 28, 2011)
• "Illusory Coverage: California's Insurance Qui Tam," Daily Journal (February 11, 2011)
• "Notice 2.0: How Technology is Changing Class-Action Notice Procedures," Westlaw Journal (February 7, 2011)
• "Federal Pre-Emption and Generic Drug Labeling," Daily Journal (February 2, 2011)
• "Online Privacy: Can the Law Deal with History Sniffing?," Daily Journal (January 26, 2011)
• "Kamala Harris: Tackling Consumer Abuse During Tough Times," Los Angeles Daily Journal (January 14, 2011)
• "Another Chapter in the Battle of Federal v. State Supremacy," Daily Journal (January 4, 2011)
• "The Future of Class Action Litigation: an Exploration of Three Critical Cases," Advocate Magazine (January 1, 2011)
• "The Future of Class Actions," Los Angeles Daily Journal (December 28, 2010)
• "What's Next in Dukes?," Daily Journal (December 15, 2010)
• "Californians Say Good Bye to a Portion of Proposition 103," Daily Journal (December 8, 2010)
• "Expanding the Waistline of Executive Branch: Federal Exemption..." Daily Journal (October 22, 2010)
• "Recovering Stolen Art Years After the Fact," Daily Journal (October 5, 2010)
• "Equal Tax Treatment - The IRS Should Treat the Litigation Costs of...," National Law Journal (October 4, 2010)
• The Importance of Complex Courts," Daily Journal (August 26, 2010)
• "Recovering Economic Damages and the Collateral Source Rule," Daily Journal (August 6, 2010)
• "Class Action Roundtable," California Lawyer (August 2010)
• "Is the Supreme Court Ready To Validate Class Action Waivers?," Daily Journal (July 20, 2010)
• "The Rise of "Professional Objectors" in the Class Action Settlements," Daily Journal (July 8, 2010)
• "A Closer Look at the Benefits of Multidistrict Litigation," Daily Journal (July 2, 2010)
• "Federal Law Trumps State Class Action Rules," Daily Journal (April 7, 2010)
• "Creating Confusion Where None Existed," Daily Journal (April 2, 2010)
• "First Comes Fire, Then Comes Rain," Daily Journal (March 19, 2010)
• "Class Actions, It's All About Strategy," Daily Journal (March 1, 2010)
• "Nine Things You Must Know About Mass Torts," Advocate (February 2010)
• "Consumer Class Action Roundtable," California Lawyer (November 1, 2009)
• "Central District Class Actions, A Catch 22," Daily Journal (October 28, 2009)
• "Certifying a Class Action in Construction Defect Litigation," Advocate Magazine (November 1, 2004)
• "Damages and Remedies in Construction Defect Cases," Advocate Magazine (May 1, 2004)

Media Mentions:

• "Suit Alleges hazardous Conditions at Apartment Building," Daily Journal (February 15, 2013)
• "Brian Kabateck Ranked Among Top 100 Southern California Super Lawyers For 2013," Super Lawyers (January 31, 2013)
• "The Slow Death of Justice in California," Huffington Post (January 29, 2013)
• "Plaintiffs Lawyers Launch Fresh Fight Against Medical Malpractice Damages Cap," Daily Journal (January 3, 2013)
• "Fear of Court Cuts Worries Observers," Daily Journal (January 2, 2013)
• "Will the Kabatecks Find Brotherly Love at the California Capitol? Don't Bet On It," Sacramento Bee
• (December 11, 2012)
• "California Courts May Face New Round of Cuts, Official Warns," Law360 (December 6, 2012)
• "Judiciary Warns Brown Is Preparing Another Cut to Court Budgets," Sacramento Bee (December 6, 2012)
• "Lobbyists For Litigants Plan Ahead Post-Election," Daily Journal (November 20, 2012)
• "Budget Cut Announcement Comes At Strategic Time," Daily Journal (November 16, 2012)
• "Stars Aligning For MICRA Reform?," The Recorder (November 16, 2012)
• "To Make Budget, L.A. Superior Will Shut Down Slew of Courthouses," The Recorder (November 14, 2012)
• "Plaintiffs' attorneys share advice at San Francisco convention," Daily Journal (November 12, 2012)
• "New Consumer Attorneys of California president to be sworn in," Daily Journal (November 9, 2012)
• "Fewer Cases filed in 2010 than in 2009, According to Report," Daily Journal (October 31, 2012)
• "California's Litigation Rate Fuels Long-Running Capitol Battle," Sacramento Bee (October 30, 2012)
• "Plaintiffs Win Appellate Ruling in Station Fire Insurance Lawsuit," Daily Journal (October 26, 2012)
• "Imprisoned Detective May Pose Risk to Star Clients," Associated Press (October 25, 2012)
• "Suit: Attorney Planted Cameras In Coffee Bean Bathrooms," KTLA.com (Sep 21, 2012)
• "Calif. Atty Sued Over Spycams In Coffee Bean Restrooms," Law360 (Sep 21, 2012)
• "Plaintiffs' Lawyer Sued In Bathroom Spying Flap," Daily Journal (Sep 21, 2012)
• "Attorney Hid Cameras In Encino Coffee Bean & Tea Leaf Bathrooms, Lawsuit Says," LAist.com (Sep 20, 2012)
• "Calif. Deposition Limit May Force Attys To Pick Up The Pace," Law360 (Sep 19, 2012)
• "Corporate Lawyers: Calif. Litigation Environment Is Unfair," KQED Radio (Sep 11, 2012)
• "PG&E Sued For Allegedly Misusing $100 Million In Customer Fees," Daily Journal (Aug 24, 2012)
• "Class-Action Lawsuit Against PG&E Aims To Return Money To All Customers," San Bruno Patch (Aug 23, 2012)
• "Suit Says PG&E Used Safety Fees To Pay Bonuses Before Blast," Law360 (Aug 23, 2012)
• "Plaintiffs Firms File Class Action Alleging Misuse Of PG&E Fees," The Recorder (Aug 23, 2012)
• "Privacy Piracy Host Mari Frank Interviews Brian Kabateck," KUCI 88.9 FM (IRVINE) (June 18, 2012)
• "California Panel Sinks Bill To Tag Warning On Class Action Ads," Law360 (May 8, 2012)
• "Law Firms See Big Money In Healthcare Breach Cases," CSO Online (April 16, 2012)
• "Health Data Breaches Offer New Vein For Plaintiffs Lawyers To Tap," The Recorder (April 6, 2012)
• "Residence Mutual Must Pay $8 Million In Suit With Couple Over Damaged Home," Insurance News Net (March 19, 2012)
• "Settlement Reached In Secret Jackson Taping Case," Associated Press (March 19, 2012)
• "Daily Journal Reports On $8 Million Jury Verdict Against Insurer," Daily Journal (March 19, 2012)
• "Insurance Company Ordered To Pay Homeowner $8 Million," Los Angeles Times (March 18, 2012)
• "Layoffs, Restructuring In La Courts To Be Sped Up," Daily Journal (March 6, 2012)
• "9th Circuit Overturns Armenian Genocide Insurance Law," WestLaw Journal-Insurance Coverage (March 2, 2012)
• "Costa Concordia Passengers Seek $460 Million In Lawsuit," WestLaw Journal-Class Action (February 28, 2012)
• "Lawyers Want More Telephonic Appearances, But Some Judges Resist," Daily Journal (February 28, 2012)
• "The Problem With Being Neutral," Daily Journal (February 28, 2012)
• "Supreme Court to Rule on Sales Rep Overtime Pay," Lawyers.com (February 24, 2012)
• "Professional 'Objectors' Now a Fixture of Class Actions," (February 16, 2012)
• "Lawyers, Labor and Business Leaders Take to Streets," Daily Journal (January 19, 2012)
• "Plaintiffs' Bar Targets Arbitration Law," Daily Journal (December 28, 2011)
• "Privacy Laws Could Trip Up Health Data Companies," Daily Journal (December 13, 2011)
• "Fixture on LA Civil Bench to Retire," Daily Journal (December 9, 2011)
• "Lawyers Divided Over Bar's Possible Involvement In Online Case Management System," Daily Journal (November 23, 2011)
• "With Realignment Under Way, AG Stays on the Sidelines," Daily Journal (November 15, 2011)
• "L.A. Settlement Guru To Retire from the Bench," Daily Journal (September 13, 2011)
• "Disaster Insurance Claims – La Canada Flintridge Station Fire Press," NBCNews (August 31, 2011)
• "Insurance Rate Bill Clears Senate Committee," Daily Journal (August 26, 2011)
• "News Corp. Faces Legal Battles in the U.S. Over Phone-Hacking Scandal," Reuters/TheWrap (July 14, 2011)
• "The Problem Solver," SuperLawyers (June 2011)
• "Profile of Judge Emilie Elias," Daily Journal (May 19, 2011)
• "BP Faces Second Suit By Stations," Daily Journal (May 5, 2011)
• "California Gas Station Owners Sue BP Subsidiary," Associated Press (May 5, 2011)
• "BP Franchisees Sue Over Gasoline Prices," Wall Street Journal (May 4, 2011)
• "BP/ARCO Franchisees Sue Over Payment Flaws," Reuters (May 4, 2011)
• "BP U.S. Filling Station Owners Sue Over Sales Software," Bloomberg News (May 4, 2011)
• "Lawyers Go After Businesses For Clients," Daily Journal (April 12, 2011)
• "Insurers Take on Toyota in Acceleration Lawsuits," Associated Press (January 4, 2011)
• "States Can Recognize Armenian Genocide," Daily Journal (December 13, 2010)
• "Armenian Genocide Suit Revived by Court Reversal," San Francisco Chronicle (December 12, 2010)
• "Armenian Genocide Victims' Descendants May Sue, Court Rules," Los Angeles Times (December 11, 2010)
• "Appeals Court Reverses Itself Over Armenian Suit," Associated Press (December 10, 2010)
• "Plaintiffs Waiting for Settlement Cash," Daily Journal (December 10, 2010)
• "Tech Industry is a Target as Plaintiffs' Firms Continue Migration from Texas," Daily Journal (December 7, 2010)
• "Prince Charles Charity Chief Pays Out Millions to Settle Wrangle Over..." London Daily Mail (November 13, 2010)
• "A  Lot Hinges on SC's Ruling in $30 Cellphone Sales Tax Case," E-Commerce Times (November 10, 2010)
• "Lawsuit Alleges Negligence in 2008 Slayings of Teens..." Riverside Press Enterprise (September 17, 2010)
• "Brian Kabateck Makes Daily Journal's Top 100 List," Daily Journal (September 22, 2010)
• "Suit: Farmers Group Hasn't Paid Policyholders for Station Fire Damages..." Associated Press (August 17, 2010)
• "Armenians Seek Billions of Dollars in Lawsuit Against Turkey," The California Courier (August 5, 2010)
• Daily Journal - Armenians Sue Turkey Over Genocide (July 30, 2010)
  Wall Street Journal -  Events in Turkey From 1915 Find Way to Los Angeles Federal Court  (July 30, 2010)
  Atlanta Journal Constitution -  Armenian-Americans Sue for Century-Old Losses (July 30, 2010)
  National Law Journal - Predatory Lending Settlement Proves the NAACP is "Still Relevant" (July 14, 2010)
• "Bill Aims to Ease Lawsuits v. Foreigners," Daily Journal (June 25, 2010)
• "Mortgage Bias Accord as Harbinger," The New York Times (April 23, 2010)
• "Wells Fargo Settles with NAACP Over Lending Rules," Daily Journal (April 9, 2010)
• "NAACP Resolves Dispute with Wells Fargo Over Lending Practices," National Law Journal (April 9, 2010)
• "Wells FargoAgrees to Work With NAACP, Settling Accusations of Lending Bias," Los Angeles Times (April 8, 2010)
• "NAACP Will Drop Lawsuit Against Wells Fargo," Wall Street Journal (April 7, 2010)
• "Foreclosure on the Slopes," American Public Media/Marketplace (February 17, 2010)
• "Olympics Venue Owners Sued in Los Angeles," National Law Journal (February 17, 2010)
• "Brian Kabateck Named to Inner City Law Center Board," Los Angeles Business Journal (January 11, 2010)
• "Attorney Settles Wiretapping Suit," Daily Journal (January 4, 2010)
• "Judge Green - Lights Class - Action Against City Search," Mediapost.com (November 18, 2009)
• "NAACP Enters the Foreclosure Fray," Daily Journal (October 30, 2009)
• "Brian Kabateck Makes Daily Journal's Top 100 List," Daily Journal (September 23, 2009)
• "LA Fitness Sued Over Early Termination," Findlaw (June 24, 2009)
• "Network Solutions Settles in "Front-Running," DomainNameNews-Class Action (April 29, 2009)
• "Microsoft Extends Warranty for XBOX 360," VentureBeat (April 14, 2009)
• "Classmates.com Sued Over Deceptive Advertising," Wired (November 12, 2008)
• "Attorney, Pellicano Guilty of Snooping," Los Angeles Times (August 30, 2008)
• "Samsung Stained By Ink Cartridge Suit," Network World (August 28, 2008)
• "Seeking Luxury? Join The Club," Los Angeles Times (July 25, 2008)
• "Student Loan Firm Sued Over End to 'Repayment Bonus' Program," Minneapolis Star Tribune (July 16, 2008)
• "Bias Seen In Mortgages; NAACP Accuses Lenders, Blames Rise in Foreclosures," The Baltimore Sun (July 3, 2008)
• "Attorneys to Do Justice to Fine Arts Building," Los Angeles Time (May 27, 2008)
• "That Click -- Is Someone Else on the Line?," Los Angeles Times (May 26, 2008)
• "Pellicano Convicted of Racketeering," Variety (May 15, 2008)
• "Boater Sues Over Ethanol-laced Gasoline's Effect on Fiberglass Fuel Tank," Los Angeles Times (April 15, 2008)
• "Apple Sued Over Missing Millions of Colours It Claims for New iMac," The Guardian (April 2, 2008)
• "Apple iMac: ‘New and Inferior,’ Lawsuit Says," Fortune (March 31, 2008)
• "A Second Act for Destination Clubs," New York Times (March 14, 2008)
• "Jackson Lawyer Wins $18m Damages," BBC News (March 4, 2008)
• "Hefty Fine in Jackson Taping," Los Angeles Times (March 4, 2008)
• "Network Solutions Is Sued Over Sale Of Domain Names," The Wall Street Journal (February 26, 2008)

Honors and Recognition

• NAACP’s ‘Champions of Justice in Civil Rights’ - 2010
• Daily Journal Top 100 Lawyer - 2009, 2010, 2011
• Loyola Law School 2008 Board of Governors Recognition Service Award
• California Attorney of the Year/Litigation - 2006
• Finalist, Trial Lawyer of the Year, Consumer Attorneys of California - 2005, 2010, 2012
• Finalist, Law Dragon 500

Professional Associations and Memberships

• Consumer Attorneys of California
  • President, 2012 - present
  • President-elect, 2011 - 2012
  • Vice President, 2007 - 2011
• Consumer Attorneys Association of Los Angeles
  • Trustee - 2000 to 2003, 2006-2007
• Loyola Law School
  • Board of Overseers - 2008 to present
• Century City Bar Association
  • President - 2005 to 2006
  • President-elect, Vice President, Treasurer - 2001 to 2005
  • Board member - 1998 to present
• Los Angeles County Bar Association
  • Trustee - 2000 to 2003, 2006 to 2007
• Inner City Law Center
  • Board of Directors - 2009 to present
• National Trial Lawyers Association
  • Executive Committee, 2011 - present
• State Bar of California
• American Association for Justice
• American Bar Association
  • Vice Chair, Torts Insurance Practices Section - 2007 to present
• Board member of "United Policyholders"

Areas of Practice

Personal Injury Dangerous Drugs Class Actions Discrimination Cases Defective Products Medical Malpractice Employment Law Business Litigation Consumer Fraud False Advertisement

Insurance Bad Faith Wrongful Death Disaster Litigation Premises Liability Medical Devices Lender Liability Intellectual Property Elder Abuse Construction Defects Antitrust Law

Education

• Loyola Law School
  • J.D. - 1989
  • Honors: Cum Laude, Order of the Coif
  • Law Review
• University of Southern California
  • B.A. Political Science - 1985