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Arturo J. González Partner
Email: agonzalez@mofo.com Phone: (415) 268-7020 Fax: (415) 268-7522 |
Mr. González is Chair of the firm’s Trial Practice Group and an Associate with the American Board of Trial Advocates. He has been a litigator with Morrison & Foerster for 23 years. He has tried cases in state and federal court, for both plaintiffs and defendants. He has practiced in a wide variety of substantive areas, including trade secrets, fraud, breach of contract, unfair business practices, the Consumer Legal Remedies Act, securities litigation, race and sex discrimination, product liability, professional malpractice, wrongful death, and civil rights.
Mr. González has been recognized nationally for his work. He is listed among the “50 Most Influential Minority Lawyers in America” by The National Law Journal (May 2008). In 2003, the American Lawyer magazine named Mr. González one of the nation’s top 45 lawyers under the age of 45. He was also selected by the National Law Journal in 1995 as one of the nation’s top 40 lawyers under the age of 40, and, in 1998, by California Business Magazine as one of California’s top 20 young lawyers. Best Lawyers has named Mr. González as one of “The Best Lawyers in America 2008.” In 2006, the Los Angeles Daily Journal named Mr. González one of California’s Top 100 leading lawyers. He was also selected as a leading lawyer for Litigation in California for the 2006 Chambers USA: Guide to America’s Leading Business Lawyers.
Mr. González received his B.A. (with honors) in political science/public service from the University of California at Davis in 1982, and his J.D. from Harvard Law School in 1985. In 1992, he became Morrison & Foerster’s first Latino partner.
Trial Experience
Mr. González has extensive trial experience.
In September 2007, Mr. González defended Cypress Semiconductor Corporation in a trade secrets trial. The court bifurcated the issue of statute of limitations and then made a legal ruling adverse to Cypress. Mr. González persuaded the court of appeals to stay the trial so that it could rule on the statute of limitations issue. The case is presently pending in the Sixth Appellate District in California.
In January 2007, Mr. González assisted with the arbitration of a dispute involving the breach of a distribution agreement. Our client was awarded over $9 million in damages based on the distributor’s failure to comply with the terms of the agreement.
In September 2006, Mr. González defended a whistleblower suit in Madera County Superior Court brought by three employees. After a five-week trial, the jury returned a defense verdict against one employee, and awarded damages to two others. The case was subsequently settled.
In December 2005, Mr. González obtained a defense verdict on behalf of the San Joaquin County Superior Court and one of its clerks. The Court was sued for negligence by the wife of a permanently brain damaged man who was injured in an automobile accident. Plaintiffs requested $16 million. After a two-week trial, a Sacramento County jury returned a defense verdict.
In April 2005, Mr. González tried a case in federal court in Los Angeles on behalf of a mother who was taken to the police station and detained for six hours after her son was killed by police. While there, she was told to sign a “Consent to Search” form. She could not read the form. The jury found that the mother’s detention and the search of her home violated the Fourth Amendment.
In March 2005, Mr. González represented a mother who filed a professional malpractice action against an emergency room physician and a hospital. A Fresno County Superior Court jury found that the mother’s 19-year-old son was not properly cared for prior to being transferred to another hospital, and that had the son been given proper care, he would not have died.
In February 2004, Mr. González defended a four-week class action trial in San Francisco Superior Court on behalf of Bank of America. The class consisted of senior citizens who had signed up for direct deposit. The class alleged fraud, misrepresentation, and a violation of two provisions of the Consumer Legal Remedies Act. The class sought over $2 billion in damages. Over vigorous objection, the jury was instructed that the Bank’s practice of using Social Security funds to pay bank fees was illegal. The jury rendered defense verdicts on the fraud and negligent misrepresentation claims, and on one of the two CLRA claims, and refused to award punitive damages. Based on the Court’s contested instruction, the jury found for the class on one CLRA claim. The appellate court reversed and agreed that the Bank’s conduct was lawful. The California Supreme Court has accepted the case for review. Miller v. Bank of America.
In August 2003, Mr. González completed a four-month jury trial in Sacramento County involving the Oakland Raiders. At trial, Mr. González delivered an opening statement and closing argument on behalf of a former member of the Oakland-Alameda County Coliseum Board of Directors, whom the Raiders had sued for fraud. The Raiders sought $1 billion in damages against the Director. The jury returned a defense verdict for the Director, and awarded damages only against the Coliseum. The Raiders dismissed their case against the Director in exchange for a waiver of costs. The appellate court then reversed the verdict against the Coliseum to complete the defense victory. Oakland Raiders v. Oakland-Alameda County Coliseum — (2006) 144 Cal.App.4th 1175.
In October 2003, Mr. González was lead defense counsel in a case alleging violation of the California False Claims Act. The City of Modesto sued our client, an HMO, seeking $7 million for underpaying taxes. In pretrial motions, Mr. González successfully argued that the City’s tax code was unconstitutional and that the City had violated our client’s right to due process of law. Following a bench trial, the Court entered judgment (including legal fees) in our client’s favor.
In November 2003, Mr. González was lead counsel in a two-week jury trial in federal court in Fresno. He represented a woman who was falsely arrested and strip-searched. The plaintiff, who suffers from heart disease and diabetes, was detained for 14 hours without food or medication. The jury found that the County of Fresno violated the Fourth Amendment and state law, and awarded $625,000. After moving for legal fees, the case settled for $1 million.
In December 2002, Mr. González was lead counsel for the mother of a young man who had died in police custody. After a two-week jury trial in federal court in Fresno, the jury returned a defense verdict. The trial court then granted a new trial, and the case was settled, with the City of Bakersfield agreeing to make a key policy change and to provide training to its police force, as well as a monetary payment to the mother.
In March 1999, Mr. González represented a widow and children of a farmworker who was killed by police. Plaintiffs alleged that defendants violated the Fourth Amendment in the manner in which they entered the home, and in shooting decedent. After a three-week trial in federal court in Fresno, the jury found various constitutional violations and awarded $12.5 million in damages. In a post-trial order awarding substantial legal fees, the District Court wrote that “the quality of the written work product by plaintiffs’ counsel was of the highest level” and that “the trial advocacy skills of plaintiffs’ counsel were superior.”
In June 1998, Mr. González was lead defense counsel in a race discrimination case, Vega v. Bank of the West. The plaintiff claimed that he was denied services due to his race and also alleged causes of action for slander and intentional infliction of emotional distress. After a three-week trial in San Joaquin County, the jury returned a defense verdict. Mr. González argued the case on appeal, and the jury’s verdict was affirmed.
In September 1997, Mr. González was a member of the firm’s trial team for defendants in Dinerman v. 3M, a breast implant case that was set for trial in the Los Angeles County Superior Court. At the start of trial, the court held a Kelly-Frye hearing to determine whether there was any evidence that silicone breast implants cause autoimmune disease. The court concluded that there was no such evidence. The parties stipulated that the evidence introduced at the Kelly-Frye hearing was plaintiff’s opening statement, and the court granted a nonsuit.
In July 1995, Mr. González was lead defense counsel in Finkle & Barsamian v. Made in Nature. In that case, our client was sued for not paying legal fees. Our client filed a cross-claim seeking damages for professional malpractice. After a two-week trial, the Fresno County jury awarded our client $650,000.
In January 1994, Mr. González was lead trial counsel in Dominion International Airlines v. Air Canada, representing a cargo handler in a contract dispute involving Air Canada’s cargo facility at the San Francisco International Airport. Our client alleged that Air Canada and other defendants had interfered with the cargo handler’s business relationships. After a favorable settlement with Air Canada, the case was tried in Contra Costa County against the other defendants. After a two-week trial, the jury awarded our client $200,000 in compensatory and punitive damages.
In November 1993, Mr. González was lead trial counsel on behalf of four women who were arrested at a school board meeting and strip-searched. After a two-week trial in federal court in Fresno, the jury found that the searches were unreasonable and awarded our clients $1.45 million in compensatory and punitive damages. In her written opinion awarding substantial legal fees to plaintiffs, the court referred to Mr. González’s “phenomenal performance.” 1994 U.S. Dist. LEXIS 20936.
In 1991, Mr. González and other attorneys represented State Farm in a series of arbitration hearings relating to claims of discrimination by women who alleged that they were not allowed to become insurance agents. Mr. González handled five of these cases, and tried one, which resulted in a defense verdict.
Mr. González has also tried to a jury, and won, a civil rights case in San Bernardino County Superior Court, and he has tried three cases in California municipal courts.
Class Action Litigation
As noted above, Mr. González tried a class action lawsuit on behalf of Bank of America. In addition, from 2000-2003, he was one of three partners representing Washington University of St. Louis in a series of proposed class actions involving Trilucent breast implants. The cases were dismissed for lack of personal jurisdiction. (Vaernes v. Inamed Corp., Northern District of Cal., No. C-004727-MJJ.)
From 1999-2000, Mr. González was lead counsel in a consumer class action brought against Bank of the West alleging violations of the Rees-Levering Motor Vehicle Sales and Finance Act, the Consumer Legal Remedies Act, and unfair business practices. (Gonzalez v. Bank of West, Santa Clara County Superior Court, Case No. CV777378.)
From 1995-1997, Mr. González was lead counsel in a consumer class action brought against Great Western Bank alleging unfair business practices in placing collateral protection insurance on mortgage loans. (Morgan v. Great Western Bank, Alameda County Superior Court, Case No. H1851654.)
From 1991-1992, Mr. González was lead counsel on behalf of a class of parents from the Richmond Unified School District. The school board had voted to close its public schools six weeks early because the district had run out of funds. Mr. González obtained an injunction preventing the schools from closing. On appeal, Mr. González successfully argued this case before the California Supreme Court. Butt v. State of California, 4 Cal. 4th 668 (1992). The California Supreme Court held that a premature closure of the schools would violate a child’s fundamental right to a public education.
From 1987-1991, Mr. González was the senior associate on a number of securities class actions, including In re Brichard Securities Litigation, Northern District of Cal., No. C-87-2987-CAL (defending law firm in failed real estate venture); In re FPI/Agretech Securities Litigation, District of Hawaii, MDL No. 763 (representing Hawaii law firm in failed tropical plant venture); Commins v. Johnson & Higgins of Texas, Inc., et al., Northern District of Cal., No. C-88-0364-JPV (defended Johnson & Higgins in a failed oil and gas venture in Texas); Wyman v. Hoover, et al., San Francisco, No. 812547 (defended Arthur Andersen in failed Oklahoma oil and gas venture); and Kirkbride v. Arthur Andersen & Co., San Mateo, No. 302185 (defended Arthur Andersen in class actions relating to the failure of Bell Savings & Loan).
Product Liability
From 2001-2002, Mr. González was lead counsel on behalf of Metex Corporation in a case seeking indemnification for monies paid to settle a case alleging personal injuries resulting from the use of a multimeter. (Federal Insurance Co. v. Metex Corporation, et al., San Francisco County, No. 988899.)
From 2000-2001, Mr. González was lead counsel on behalf of Avon Products in a case alleging a variety of ailments, including a skin condition, due to Echinacea. (Eagen v. Avon Products, Inc., Northern District of California, No. C-00-00441 MMC-ARB.)
From 1996-1999, Mr. González managed the firm’s representation of Minnesota Mining & Manufacturing Company (“3M”) in the silicone breast implant litigation. Hundreds of cases were resolved in California and New Mexico on favorable terms.
General Litigation Matters
In 2001, Mr. González was retained by Bank of America to try two cases that alleged fraud in connection with a Ponzi scheme. The two cases were settled shortly before trial. (Kallianiotes v. Restro, et al., Los Angeles County, No. SC-048167.)
From 1998-1999, Mr. González was lead counsel for Great Western Bank in a case alleging unfair business practices and bad faith in connection with the placement of collateral protection mortgage insurance. (Fischer v. Great Western Bank, Santa Barbara Superior Court, No. 223521.)
From 1997-1999, Mr. González was lead counsel for Kaiser Foundation Hospitals, Inc. in two cases alleging malicious prosecution. (Moore v. Kaiser Foundation Hospitals, Inc., et al., Alameda County, Case Nos. H 196978-8, 203825-6.)
From 1997-1998, Mr. González was lead counsel for the Clorox Company in a case alleging breach of contract and fraud arising from the sale of tax credits. Clorox counter-claimed, alleging fraud. The case was settled at no cost to Clorox. (City West Properties v. The Clorox Company, et al., County of Los Angeles, No. BC 167884.)
From 1993-1994, Mr. González represented a San Diego developer in a contract action seeking lost profits from a failed deal to construct a theatre complex. The client obtained a large settlement. (Oliver McMillan Cinema Square, L.P. v. Redevelopment Agency of the City of Concord, Contra Costa County, Case No. 93-03104.)
From 1987-1988, Mr. González was lead counsel in two breach of contract actions brought on behalf of a food manufacturer. The result was a judgment in our client’s favor in excess of $1 million. (Specialty Brands, Inc. v. Erly Industries, Inc., County of San Francisco, Nos. 871240 and 883517.)
From 1986-1987, Mr. González was responsible for prosecuting a trade secrets case involving the recipe for salad dressings on behalf of a food manufacturer. The case was settled on confidential terms. (Specialty Brands, Inc. v. Marie’s Inc., Northern District of California, No. C-86-5337-WWS.)
Land Use Litigation
Mr. González also has experience in a variety of land use matters, including litigation under the California Environmental Quality Act and challenges to general plans.
Mr. González was lead trial counsel on behalf of Kaiser Foundation Hospitals in CEQA and land use litigation involving a large medical center proposed for the City of Emeryville. The lawsuits were settled in a manner that allowed the project to proceed.
From 1993-1995, Mr. González represented a developer in a major land use dispute arising from the adoption of an amended general plan. (Shea Homes Limited Partnership v. City of Livermore, et al., Alameda County, No. V-007293-9.)
In 1994, Mr. González was lead trial counsel in an action against Marin County challenging its adoption of various general plan amendments, in part due to its failure to provide its fair share of low and moderate income regional housing needs. (Bel Marin Keys Development Associates v. Marin County, County of Marin, No. 159559.)
Wrongful Death
In addition to the $12.5 million jury verdict noted above, Mr. González has worked on the following cases:
From 2002-2003, Mr. González was lead counsel on behalf of the widow and 10 children of a man who was struck and killed by a municipal vehicle. The case was settled on the eve of trial for $1.95 million. (Campos v. City of Fresno, Fresno County Superior Court, Case No. 01-CECG-03873.)
From 2001-2002, Mr. González defended United Parcel Service in a wrongful death action brought by the widow and surviving children of a man who was killed in a collision with a UPS vehicle. The case was settled on confidential terms. (Hunter v. Allen, et al., Sacramento County Superior Court, No. 01AS01286.)
From 2000-2002, Mr. González was lead counsel on behalf of the parents of an 11-year-old boy who was shot and killed by a SWAT team. The case was settled for $3 million. (Sepulveda v. City of Modesto, Eastern District of California, No. 01-5054.)
Professional Activities
Mr. González has received numerous honors and awards. In 2007, he was honored by the Alameda County Board of Education. In 2006, he received the Frank Abascal/Cruz Reynoso Don Quixote Award from California Rural Legal Assistance and was honored by the Latino School Board Members Association. In 1999 and 2006, Mr. González received commendations from the California State Senate and Assembly for his work in the Central Valley. In addition, he was named Outstanding Attorney of the Year by the San Francisco La Raza Lawyers Association in 1999, received the Corporate Award from La Raza Centro Legal in 1994, and was honored by the League of Latin-American Cities in 1991.
Mr. González has been active in professional and community organizations. He is Secretary of the Bar Association of San Francisco (“BASF”), and will serve as the BASF President in 2010. He formerly served on the BASF’s Board of Directors, on its Judiciary Committee, and on the California State Bar’s Committee on Ethnic Minority Relations. Mr. González is a member of the American Bar Association, La Raza Lawyers Association of San Francisco, and the California State Bar. Mr. González formerly served on the Board of Directors for the National Center for Youth Law and was Co-Chair of the Lawyer’s Committee for Civil Rights during 1996 and 1997.
Mr. González has served on more than 20 panels for the California Continuing Education of the Bar (“CEB”), Public Law Institute (“PLI”), and BASF. Among the topics addressed by Mr. González are effective opening statements and closing arguments, the use of graphics at trial, recent developments in civil litigation, and trial preparation. In January 1997, Mr. González published “Strategic Considerations in Videotaping Depositions,” in The Practical Litigator (Vol. 8, No. 2).
In addition to California state courts, Mr. González is admitted to practice in the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, and the Northern, Eastern, and Central Districts of California.
Mr. González has been married for 20 years and has four children.






