Attorneys

Kermit D. Marsh
Partner

 

Bars and Courts
  • State Bar of California
  • S. District Court for the Central District of California
  • S. District Court for the Northern District of California
  • S. District Court for the Southern District of California
  • S. District Court for the Eastern District of California
  • S. Court of Appeals, 9th Circuit
Areas of Focus
  • Litigation
  • Business and Commercial Disputes
  • Landlord and Tenant Disputes
  • Labor and Employment (Employer)
  • Real Estate
Languages
  • English

Kermit D. Marsh has more than twenty-five years of experience in all aspects of U.S. business litigation. His business litigation practice covers a diverse range of matters. A partial list includes commercial contract disputes, real estate, labor and employment, healthcare, environmental, insurance bad faith, unfair competition, commercial leasing, complex tort, Civil RICO and false claims.

In addition to representing clients in the Superior Courts throughout the State of California, Mr. Marsh also has extensive experience representing clients in the federal courts. Mr. Marsh is admitted to practice before the United States District Courts for the Central, Eastern, Northern and Southern Districts of California, as well as before the United States Court of Appeals for the Ninth Circuit. Mr. Marsh has also represented clients on a pro hac vice basis before the United States District Courts for Arizona, Nevada and Oregon.

Business litigation today offers a variety of legal venues beyond the standard state and federal courts. Mr. Marsh's broad experience includes representation of clients with matters before a variety of other legal forums, including: Judicial Arbitration and Mediation Services (JAMS), the American Arbitration Association (AAA), the California Medical Board, the California Board of Registered Nursing, the Armed Services Board of Contract Appeals, the California State Board of Equalization, and the Federal Elections Commission.

Mr. Marsh completed dual majors in Economics and History at Stanford University, where he graduated with Phi Beta Kappa and Omicron Delta Epsilon honors. While at Stanford, he served on the Stanford University Faculty-Student Committee on Academic Appraisal and Achievement. Kermit Marsh is a Life Member of the Stanford Alumni Association, and he served on the Stanford Class of 1987 25 Year Reunion Events and Attendance Committee.

Mr. Marsh received his Doctorate of Jurisprudence (J.D.) in 1990 from the prestigious Boalt Hall School of Law at the University of California at Berkeley.  At Berkeley, he served as a Moot Court Advisor, Appellate Advocacy Advisor, and as a Member of the Moot Court Board.  Mr. Marsh was also awarded the Oralist Commendation for his advocacy skills.  Kermit Marsh is a Life Member of the Golden Bear Alumni Association, and he served on the Board of the 10 Year Reunion Committee and as Chairman of the 5 Year Reunion Committee. 

Representative Matters
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    U.S. Business Litigation – Trade Secrets - Unfair Competition
    Mr. Marsh represented the defendant corporation and its personnel against an action brought by a competitor. The action involved covenants not to compete, allegations of unfair competition, trade secret, employment, the right to compete, and injunctive relief. Within 45 days after Mr. Marsh defeated the plaintiff's application for preliminary injunction, the plaintiff abandoned its lawsuit. Manley’s Boiler, Inc. v. Anthony, et al.
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    U.S. Business Litigation – Real Estate
    Mr. Marsh represented the former buyer in a United States District Court action to recover from the escrow holder and the seller following a major real estate transaction in South Carolina which fell through. This complex action involved witnesses from four states and issues regarding tenant estoppels, the statute of frauds, contract interpretation, jurisdiction and contract integration. Crown Charleston Associates, LLC v. Smarkel, LLC, et al.
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    U.S. Appellate – Statutory Interpretation
    Mr. Marsh represented the City of Newport Beach in a precedent-setting case before the California Supreme Court. The high court's decision reversed two lower court rulings against the city and overturned a prior anti-law enforcement decision. The victory restored full immunity to law enforcement agencies for injuries to and by inmates in local jails, sparing taxpayers from millions of dollars in lawsuits. Teter v. City of Newport Beach is published at 30 Cal.4th 446.
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    U.S. Business Litigation – Healthcare
    For 10 years, Mr. Marsh served as Defense Liaison Counsel in the California Judicial Council Coordinated Fertility Litigation, a complex litigation involving more than 150 lawsuits over alleged misappropriation and disposition of human eggs and embryos. California Judicial Council Coordination No. 3213.
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    U.S. Business Litigation – Real Property – Easements
    Mr. Marsh successfully represented a property owner in the acquisition of an easement by prescription in downtown Los Angeles. Chinatown Alleyway, LLC v. Chong Hing Goldsmith Corporation.
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    U.S. Business Litigation – Real Property – Commercial Landlord-Tenant
    Mr. Marsh represented the commercial landlord and successfully expelled a major solar power company from a 50,000+ square foot property and recovered all sums owed on the lease, plus attorney's fees, on behalf of his client. CRP Coronado Stender, L.L.C. v. DayStar Technologies, Inc.
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