Timothy D. Lucas

Education

Pepperdine University School of Law, Malibu, California
Juris Doctor, 1978

University of Southern California, Los Angeles, California
B.A., History, Cum Laude, 1975

Experience

As Senior Trial Counsel at THOMAS | LUCAS with over 40 years of experience, Tim Lucas has an extensive background in all aspects of civil and complex litigation. Mr. Lucas is distinguished with an “Advocate” rank by the American Board of Trial Advocates (ABOTA), with over 60 Federal and Superior Court jury trials in addition to numerous bench trials, private and judicial arbitrations and appellate proceedings before various California Courts of Appeal (several resulting in published appellate opinions).

Mr. Lucas has extensive experience in a wide variety of cases including construction defect litigation, business litigation, bodily injury and wrongful death litigation, environmental litigation, insurance coverage litigation, real estate transaction litigation, breach of contract litigation, civil conspiracy litigation, injunctive/ equitable relief litigation, product liability litigation, defamation litigation, fraud litigation and nuisance/ trespass litigation.

Mr. Lucas has served as private counsel for the California Interscholastic Federation (CIF) [1979 to June 1987]; as an arbitrator for the Orange County and San Diego County Superior Courts; as a private arbitrator; as corporate counsel for small corporations; as a continuing legal education program presenter through the San Diego Defense Lawyers Association; and as a panelist at the annual West Coast Casualty Construction Defect Seminar. Mr. Lucas has the highest peer review rating given by Martindale-Hubbel (AV-Preeminent) for professional excellence and ethical standards.

Exemplar Jury Trials

Ayala Boring, Inc.  v. HPS Mechanical, Inc. 
San Diego County Superior Court Case No: 37-2011-00092049-CU-CO-CTL

• Tried: 2015 (10 days)
• Retained By: Travelers Indemnity Company of Connecticut to defend Ayala Boring, Inc. against the Cross-Complaint for damages by HPS Mechanical, Inc.
• Facts: Ayala Boring, Inc., a specialty horizontal tunneling contractor, was hired by HPS Mechanical, Inc. to bore under the Interstate 8 freeway in the Mission Valley area of San Diego and to install an encased 36” sewer line as part of an $11.5 million public works project. Ayala Boring initiated the lawsuit through its personal counsel seeking to recover sums allegedly due to it for extra work required as a result of differing/unanticipated site conditions. HPS Cross-Complained against Ayala Boring (Breach of Contract; Express Indemnity and Negligence) seeks to recover approximately $200,000 in damages for the cost of repairing damage to the westbound lanes of Interstate 8, allegedly resulting from Ayala Boring’s work. Ayala denied that it was at fault in connection with the damage to the I-8 freeway and denied any liability to HPS.
• Outcome: Ayala Boring received a defense verdict on all causes of action in HPS’ Cross-Complaint. That defense verdict was upheld on appeal.

Gabor Kadas et al. v. Mulvey Custom Builders, Inc.
San Diego County Superior Court, Case No. 37-2008-00091412-CU-BC-CTL

• Tried: 2010 (7 days)
• Retained By: Allied Insurance to represent Defendant Mulvey Custom Builders
• Facts: Contract dispute / Mechanics lien dispute involving a $1.67 million dollar custom home built for the Plaintiffs by Mulvey Custom Builders.
• Outcome: Judgment for Client (Mulvey Custom Builders). Mulvey was awarded over $200,000 in costs of suit, expert witness fees and attorney fees.

Gary Green, et al. v. Jim Henry Construction, Inc.
San Diego County Superior Court, Case No. 37-2008-00052469-CU-BC-NC

• Tried: 2010 (7 days)
• Retained By: National Fire & Marine Ins. Co. to represent Defendant Jim Henry Construction, Inc.
• Facts: Construction defect action involving a commercial building and retaining wall. Alleged damages in excess of $2,000,000. Jim Henry Construction, Inc. provided engineering services and stability calculations for a crib lock retaining wall that failed. The Plaintiffs settled with all Defendants except for Jim Henry Construction. The lowest settlement demand to Jim Henry Construction prior to trial / verdict was 1 million dollars.
• Outcome: Defense verdict / judgment in favor of Client (Jim Henry Construction, Inc.). Client was awarded costs of suit and expert witness fees of over $35,000.

Kim Melanie Morton, et al. v. Dana Spotts, et al.
San Diego County Superior Court, Case No.: 37-2008-00099933-CU-OR-EC

• Tried: 2010 (8 days)
• Retained By: Nationwide Insurance to represent Defendant Dana Spotts
• Facts: Neighboring landowner dispute involving claims against Client for Quiet Title; Ejectment; Trespass; Slander of Title; Private Nuisance; Intentional Infliction of Emotional Distress and Tortious Interference with Contract. Plaintiff alleged, among other things, that Client had threatened her pets, had shot out porch lamps, thrown rocks through her window, driven her car toward Plaintiff in a threatening manner, had poisoned her plants, had moved property line monuments and markers, had built a fence on Plaintiff’s property and had claimed portions of Plaintiff’s property as her own and had repeatedly harassed Plaintiff. Plaintiff’s initial settlement demand was for $500,000. That demand was lowered incrementally to $425,000 and then to $200,000 at the commencement of trial. During trial, Plaintiff lowered the demand to $180,000.
• Outcome: Prior to trial, Client’s Motion for Summary Adjudication was granted as to Plaintiff’s Quiet Title cause of action. During trial, the Court granted Mr. Lucas’s Motions for Partial Nonsuit as to Plaintiff’s causes of action for Ejectment, Slander of Title and Tortious Interference with Contract.
• Client was given a defense verdict on the Intentional Infliction of Emotional Distress cause of action but Plaintiff was awarded $5,519 in economic damages on her Trespass cause of action; $7,500 in non-economic damages on her Nuisance cause of action and $15,000 for punitive damages. The total damage award against Client was $28,519.
• Plaintiff also moved for a permanent injunction against Client based on the jury’s verdict. The  Court denied that motion.
• Plaintiff appealed but the judgment was upheld by the Court of Appeal.

Bar-J.P., Inc. v. Morris Derey
San Diego County Superior Court, Case No. 37-2007-00052678-CU-CO-NC

• Tried: 2010 (4 days)
• Retained By: Plaintiff Bar-J.P., Inc.
• Facts: Breach of Contract action involving the purchase of a recreational vehicle for $67,000. Defendant alleged that he had been fraudulently induced into entering into the contract, that Plaintiff had lied to him about the terms of the contract and that the contract was unenforceable. Defendant stopped making payments after a few months and offered to return the RV.
• Outcome: The jury awarded Client damages of $59,100 (full amount of the claim) and the Court also later awarded Client $37,622.76 for attorney fees, costs and pre-judgment interest. The Client’s total judgment was for $96,722.76.

Published Appellate Cases

• Erickson v. R.E.M. Concepts, Inc. (2005) 126 Cal. App. 4th 1073
  (Client was given a defense verdict–Affirmed on appeal.)
• Baldwin Builders v. Coast Plastering, Inc. (2005) 125 Cal. App. 4th 1339
  (Client was given a defense verdict–Affirmed on appeal.)
• Heppler v. J.M. Peters Company, Inc. (1999) 73 Cal. App. 4th 1265
  (Client was given a defense verdict–Affirmed on appeal.)
• Lloyds Underwriters v. Craig & Rush, Inc. (1994) 26 Cal. App. 4th 1194
  (Client was granted a summary judgment–Affirmed on appeal.)
• Kemp v. County Of Orange (1989) 211 Cal. App. 3d 1422
  (Trial Court sustained Client’s Demurrer and dismissed the Complaint–Affirmed on appeal.)
• Steffes v. California Interscholastic Federation (1986) 176 Cal. App. 3d 739
  (Trial Court denied an injunction against Client–Affirmed on appeal.)
• Madigan v. City Of Santa Ana (1983) 145 Cal. App. 3d 607
  (Trial Court sustained Client’s Demurrer without leave to amend–Affirmed on appeal.

Professional Associations / Memberships

• State Bar of California, Bar No. 82374, Admitted 1978
• United States Supreme Court Bar
• Ninth Circuit Court of Appeals Bar
• U.S. District Court Bar, For the Central District of California
• U.S. District Court Bar, For the Southern District of California
• American Board of Trial Advocates (ABOTA); San Diego Chapter
• Arbitrator, Orange County Superior Court (To 1992)
• Arbitrator, San Diego County Superior Court (Current)
• San Diego County Bar Association
• San Diego Defense Lawyers Association (Board of Directors 2001 to 2003)