Experience

Mr. Horowitt was admitted to practice in 1981. Prior to forming Coleman & Horowitt, LLP, he was a partner of the Fresno, California firm of Lerrigo, Nibler, Berryman, Coleman & Bennett. Prior to moving to Fresno, Mr. Horowitt was engaged in private practice in Orange County, California.

Mr. Horowitt has conducted all phases of litigation in the areas of banking, business disputes, securities fraud (class action and individual), construction, real estate, environmental, casualty insurance defense, personal injury and commercial collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board). He has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, Mr. Horowitt has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).

Significant Cases

  • Represented three defendants in a class action securities fraud action in the United States District Court, Northern District of California, where one defendant was dismissed by motion to dismiss and settlement was reached for the other two defendants on favorable terms prior to class certification.
  • Represented debt buyer in consumer class action for violation of the Fair Debt Collections Practices Act, where favorable settlement reached after class certification.
  • Represented third party defendant in TCPA class action where client was dismissed following a successful motion to dismiss.
  • Represented financial institution in successful defense of numerous consumer claims where client was either dismissed following pre-hearing motion or defense verdict obtained following hearing.
  • Served as arbitrator on complex securities dispute involving claims in excess of $200 million.
  • Served as arbitrator on complex securities dispute involving claims in excess of $5 million.
  • Represented one defendant in a class action suit filed in Fresno County and was able to secure a dismissal of the entire action without payment before class certification.
  • Represented three financial institutions in a consolidated class action suit filed in Orange County in which the firm's clients obtained a favorable settlement without the expenditure of significant fees.
  • Represented the plaintiff in a complex residential construction defect action in Santa Cruz County in which the client discovered significant construction defects and in which insurance coverage was secured and a significant monetary settlement with the contractor and subcontractors obtained.
  • Represented a company that was the subject of a secondary boycott and assisted in the prosecution of actions before the ALRB, the NLRB, state court injunctive actions and a federal court damage action.
  • Defended numerous companies in unfair trade practices actions in which favorable settlements were obtained.
  • Represented beneficiary in complex probate dispute and obtained judgment for over $2 million recovered based on opposing counsel taking funds from estate.
  • Represented successful contractor in public contract bid dispute in action brought by losing contractor, obtaining dismissal that was affirmed on appeal.
  • Represented agricultural lender in defense of shareholder’s derivative action, obtaining dismissal that was affirmed on appeal.

Publications and Lectures

Mr. Horowitt is the author of numerous articles and has served as a panelist for the Association of Business Trial Lawyers, Consumer Attorneys of California, the AGC of California, Association for Conflict Resolution, National Association of Women in Construction, and the CPA/Law Forum.

Darryl J. Horowitt recently published an article entitled “An Introduction to E-Discovery” in the Spring 2016 edition of Paradigm, the official publication of the International Society of Primerus Law Firms.  Darryl represents clients in litigation in which e-discovery is an issue and also serves as a discovery referee and special master for matters involving e-discovery.  To read the magazine, go to http://www.primerus.com/paradigm-magazine/2016-spring/.

Honors and Awards

Mr. Horowitt has received an AV® - Preeminent rating from Martindale Hubbell. He has also been named one of the Top 100 lawyers in Northern California by Super Lawyer® Magazine (2015 and 2016 and Northern California Super Lawyer® by Super Lawyers® Magazine from 2007 to 2017 in business litigation and construction litigation in 2007.  He has also received a perfect 10.0 rating from AVVO.  Mr. Horowitt was named one of the Top 100 Litigators in California by the American Society of Legal Advocates, an invitation only association of top attorneys, a Premier 100 Trial Lawyer by the National Academy of Jurisprudence (formerly American Academy of Trial Lawyers) and a Fellow: Trial Lawyer Honorary Society by the Litigation Counsel of America.  He is also a Fellow of the American Bar Association Foundation.