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Kevin V. DeSantis  |  Shareholder

Areas of Practice

Mr. DeSantis is a shareholder in Butz Dunn & DeSantis where his areas of practice include general business representation and complex civil litigation focusing on professional liability, commercial disputes, government liability, employment and wrongful termination, and environmental litigation. His professional liability practice includes representation of architects, engineers, and attorneys in a wide range of matters.

Representative Matters

Business and Commercial Litigation

  • Representation of an international telemarketing firm in connection with claims for unfair business practices and fraud.
  • Engaged to represent a home improvement contractor in connection with claims by the San Diego District Attorney’s Office for unfair business practices.
  • Representation of a home improvement contractor in connection with claims by a business partner for dissolution and breach of contract.
  • Representation of an individual in connection with claims for breach of contract, fraud and unfair business practices arising from the purchase of investment property in Puerto Vallarta, Mexico.
  • Representation of an international sporting goods manufacturer in connection with claims for patent and trademark infringement.

Business and Corporate Representation

  • Ongoing representation of a wide variety of business entities in connection with general corporate advice and structuring.
  • Advising numerous architects, engineers, contractors and construction management firms in connection with the negotiation and drafting of various agreements.
  • Representation of various businesses in connection with the negotiation and drafting of commercial lease agreements.

Design Professionals

  • Representation of one of San Diego’s largest architectural firms in connection with claims by the U.S. Department of Housing and Urban Development for failure to comply with the requirements of the Federal Fair Housing Act in the design and construction of a high-rise condominium project.
  • Representation of a structural engineering firm based in the Pacific Northwest in a case involving significant personal injuries sustained by a construction worker and delay claims arising from the design and construction of a reservoir dam in North San Diego County.
  • Engaged to represent a geotechnical firm in connection with claims involving failures to detect and advise of ancient landslides in the design and construction of a large commercial project in North San Diego County.

Employment and Labor

  • Representation of a large home improvement contractor in connection with a wide range of labor and employment litigation, advice and counseling, including claim for wrongful termination by President of company.
  • Engaged to represent a San Diego business owner in connection with claims for sexual harassment and rape by several employees.
  • Representation of an Orange County law firm in connection with claims for wrongful termination and discrimination.
  • Representation of a San Diego based chemical company in connection with general employment counseling and claims for discrimination and wrongful termination.
  • Engaged to represent several San Diego restaurant and nightclub owners in connection with general labor and employment disputes and counseling.

Environmental and Toxic Tort

  • Representation of a local public entity in connection with claims for toxic exposure and fear of cancer arising from a construction project on public property.
  • Representation of a local public entity in cost recovery actions under CERCLA and related claims to recover costs for clean up of public lands.

Professional Liability Defense

  • Engaged to represent various Orange County and San Diego law firms in connection with claims for professional malpractice, conflicts of interest and breach of fiduciary duty arising from sophisticated business and real estate transactions.
  • Representation of a San Diego law firm in connection with claims for fraud brought by one of the nation’s largest insurance carriers.
  • Representation of an Orange County law firm in connection with a professional liability action brought by a design professional. Claimant alleges that the law firm failed to adequately represent his interests at a binding arbitration resulting in a judgment that greatly exceeded available insurance.

Email

kdesantis@butzdunn.com

Education

Mr. DeSantis earned his Bachelor of Science degree in Biological Sciences from the University of California at Irvine in 1985 and completed a course of study in Comparative Law at Magdalen College, Oxford University, England in 1986. He received his Juris Doctor degree from the University of San Diego School of Law in 1988, where he was a member of the San Diego Law Review.

Admissions

  • Admitted to practice, all courts of the State of California
  • Admitted to practice, United States District Court for the Southern, Northern, Central and Eastern Districts of California
  • Admitted to practice, United States Court of Appeals for the Ninth Circuit

Memberships

  • State Bar of California
  • San Diego County Bar Association, Legal Malpractice Committee, Co-Chair
  • Orange County Bar Association
  • San Diego Defense Lawyers
  • Association of Southern California Defense Counsel
  • Association of Business Trial Lawyers
  • Louis M. Welsh Chapter of the American Inns of Court
  • American Institute of Architects