Dane Joseph is Senior Counsel at Tyson & Mendes’ San Diego office. His practice focuses on general liability matters, including automobile liability and personal injury matters. Mr. Joseph’s legal experience also includes complex civil litigation, including residential construction, and he has extensive experience representing Fortune 500 companies, including real estate developers, general contractors, and property owners.
Mr. Joseph was counsel of record and the primary author of the writ petition in the California Court of Appeal in KB Home Greater Los Angeles, Inc. v. Superior Court (2014) 223 Cal.App.4th 1471, which established a builder is entitled to summary judgment under California’s Right to Repair Act. The published opinion eliminated all liability against the developer, and KB Home Greater Los Angeles has been subsequently cited with approval by the California Supreme Court in McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241. Mr. Joseph has drafted numerous dispositive motions that have completely eliminated liability, including eliminating half the plaintiffs in a multi-million dollar class action lawsuit, or significantly diminished the value of potential multi-million dollar lawsuits. Mr. Joseph helped draft a motion for summary adjudication that eliminated approximately $90 million dollars in a complex civil claim valued in excess of $100 million dollars. He has also filed motions for summary adjudication that affirmatively established liability of opposing parties in complex civil litigation cases that entitled his clients to recover on indemnity claims, including an award of damages. Mr. Joseph has achieved great success in drafting writ petitions and the appellate process throughout the state of California.
Mr. Joseph obtained his J.D. from UCLA Law School. He also obtained his B.A., summa cum laude, from UCLA in Political Science, where he participated in the UCLA Political Science Honors Program and earned Highest Departmental Honors as the author of a published honors thesis. Mr. Joseph is a member of the academic honor society, Pi Sigma Alpha. Mr. Joseph is licensed to practice law in all California state courts and in the United States District Courts for the Central and Southern Districts of California.
In his free time, Mr. Joseph enjoys scuba-diving, motorcycling, adventure traveling, and participating in local and national caving and canyoneering organizations.
In the recent case entitled Hensel Phelps Construction Co. v. Superior Court (2020 WL 370445; January 22, 2020), the Fourth District Court of Appeal, Division One, interpreted the meaning of “substantial completion” under Civil Code section 941 of the Right to Repair Act (Civ. Code §§ 895, et seq.). No other California court has interpreted the meaning of “substantial completion” or provided meaningful analysis of the statutory limitations period applicable…