Patrick J. D'Arcy Attorney

First Admitted: 2007, California

Professional Webpage: https://oc-attorney.com/about-attorney-patrick-j-darcy/

Bar/Professional Activity:

President, Quasi-Indigent Defense Panel, Orange County, managing approximately 25 attorneys, 2017

Verdicts/Settlements (Case Results):

In Complex Court, Mr. D'Arcy and co-counsel obtained one of the largest reversals for California in that year. The client replaced the phase 1 counsel, after the phase 1 trial went decisively against the client, and exposed the client to millions in damages. During phase 2, Mr. D'Arcy cross-examined the main witness, and provided such a compelling defense that the trial court reversed its findings of elder abuse, undue influence and breach of fiduciary duty. The case involved over 4,400 exhibits and 17 days of testimony. Of the five cases combined into one trial, Mr. D'Arcy also first chaired the defamation action, and defeated the anti-SLAPP and appeal. , 2022
In 2021, Mr. D'Arcy represented a litigant in federal court, where the owner of a downtown Los Angeles hotel and the client (a foreclosure company) were being sued on all types of claims. Mr. D'Arcy's Rule 12(b) motions were so successful that the federal court dismissed the case. , 2021
In a defamation appeal, Mr. D'Arcy was called in to write major portions of a Los Angeles appellate brief, which consolidated two separate anti-SLAPP motions. Mr. D'Arcy successfully reversed the trial court's findings, and proved that no First Amendment activity arose, and further reversed the trial court's awarding of attorney's fees. Mr. D'Arcy, at the Appellate Court's invitation, wrote a letter brief on professional civility of the attorney's being sued, and the Appellate Court requested that the trial court make findings if they committed ethics violations and to report them to the State Bar., 2021
Mr. D'Arcy represented a lender and its investors, and then defeated all 132 claims brought against the clients, including 84 claims by summary judgment and the remaining 48 at the evidentiary hearing, which lasted two weeks and included over a dozen witnesses, including three experts. Mr. D'Arcy also defeated claims of breach of fiduciary duty, financial elder abuse, wrongful foreclosure, rescission, 17200 claims, fraud, and others. , 2021
Mr. D'Arcy brought a defamation action on behalf of two companies and its owner, over a defamatory Yelp review, and then prevailed at trial. Mr. D'Arcy also defeated all claims brought against the client. The plaintiffs obtained a six-figure award. , 2022
12-0 jury verdict. Maria Sainz v Amada Leiva, Case 14U13246. Firm prevailed on 94 of 96 jury questions, and defeated claims of "habitability" (11-1), retaliaton (12-0), whether the correct rent was due on a rent controlled unit (12-0), and other defenses. Represented Mrs. Sainz, an elderly woman who could not read or write in English, for free in a jury trial. Expended over 200 hours on her defense. Mrs. Sainz owned an old building in downtown Los Angeles, and was about to lose the building to foreclosure since the tenants stopped paying rent. Defeated all of the tenant's motions (who was represented by counsel), and filed five motions in limiine that eliminated nearly all of tenant's evidence and witnesses, including undisclosed experts and governmental reports. Jury trial took five days. Successfully defended case on appeal before the appellate department on unaminous decision, 2017
In Frank Hollir et al. v. David Bryant et al., Mr. D'Arcy represented 23 plaintiffs in a complicated stock fraud case. Mr. D'Arcy was sole trial counsel. The case was heard before a jury in downtown Los Angeles, and Mr. D'Arcy obtained a $3.7 million jury verdict, including $1.4 million in punitive damages, and $723,000 in damages for negligent supervision against a corporate defendant. , 2018
Berry Investment, Inc., v. International Recyclers NA, LLC. SACV 14-1945 AG (ANx) Represented defendant after lawsuit already filed in state court. Plaintiff sought millions in damages, alleging fraud in the transportation overseas of freight containers partially filled with trash and debris rather than recycled metals. Mr. D'Arcy succesfully moved the case to federal court before the Hon. Andrew Guilford. Mr. D'Arcy then brought a motion to transfer the case to a federal court in Virginia, to save his client from defending a case on the east and west coasts simultaneously. The plaintiff's counsel failed to appear at two hearings. Mr. D'Arcy then suggested that the case be dismissed for lack of prosecution. Judge Guilford held an OSC, and agreed that the plaintiff was not moving the case along, and dismissed the case with prejudice , 2015
In re Pribich (2012) 2:11-bk-44006 (Vernalisa Pribich); (2012) 2:11-bk-43866 (Philip Pribich). The Pribich's are brother and sister, and suffer from severe mental disabilities. They owned a dog that bit someone. That person hired a lawyer, who immediately sued and obtained a default judgment, as the Pribich's neither understood nor knew what to do. At times, Philip was homeless, and his sister was hospitalized involuntarily. They could not live at the home due to health and safety reasons. A concerned friend notified Mr. D'Arcy that they were about to lose the home due to the lawsuit, as it was "free and clear" and given to them by their now deceased mother as a place to live. Mr. D'Arcy, on a pro-bono basis, filed chapter 7 petitions to wipe out the personal injury claim. Mr. D'Arcy then argued to the trustee that the house should not be sold to pay any debts or other pending dismissed claims. Mr. D'Arcy also stopped the eviction of Mr. Pribich in a related proceeding, and assisted him in getting medical attention for a broken jaw suffered when he was robbed. The Pribich's now live once again in their home. , 2012
Chavos & Rau v. ProCourier, Inc. 30-2010-00397235. As profiled in Law360, Mr. D'Arcy and co-counsel Paul Rafferty of Jones Day successfully defended a courier company against a class action. Before Judge Perk in Orange County's Complex Court, the motion to certify the class was denied, with no persons joining the class. Plaintiff's then appealed, and lost again. Mr. D'Arcy and Mr. Rafferty successfully disqualified original class counsel, had existing class counsel deemed incompetent, defeated motions to disqualify defense counsel, defeated a RICO claim, had all initial claims dismissed (with leave) among others. All offers of settlement were rejected, including a token payment. On the day of trial, Mr. D'Arcy and Mr. Rafferty appeared, only to discover the case was dismissed the night before. Mr. D'Arcy and Mr. Rafferty then had nearly all of the defense costs paid by insurance, 2014
In Re Wesley Clayton Jones, 2:11-bk-41325-RN (Los Angeles Bankruptcy Court), Charles Hughes v. Wesley Jones (Adversary Proceeding) 2:11-ap-03039-RN. Mr. D'Arcy represented Mr. Hughes in an adversary proceeding against Wesley Jones, where both were business partners. Mr. Jones filed bankruptcy to discharge a debt where Mr. Hughes was a guarantor, and where Mr. Hughes did not know of the draws against the credit line for which he was now liable. Mr. D'Arcy successfully opposed the discharge of the debt in bankruptcy. After a court trial before a very talented opposing counsel, Mr. D'Arcy obtained a settlement agreeable to all parties. , 2014
Katie Little v. Elmer Clarke and Pearlie Clarke, BC584795, Stanley Mosk Courthouse. Seven day jury trial. Obtained complete 12-0 defense verdict for Pearlie Clarke on all eight claims. For Elmer Clarke, jury only awarded $190,000 in damages, and only on some of the claims. No award for intentional infliction of emotional distress, and only $40,000 in punitives despite finding that fraud and elder abuse occurred. Plaintiff sought $8 million before trial, and $3 million at trial , 2020
Young Champions Recreation Programs v. Toop Sports, et al. 2:14-cv-02142-NW. In 2014, Mr. D'Arcy represented the plaintiff, a national charity, and pursued claims in Arizona federal court for trademark, copyright and trade dress claims. Defendants were represented by large, national firm, and said to drop the case as it was "frivolous." Lead counsel for defendants was nationally known, and even mocked Mr. D'Arcy before his client, saying Mr. D'Arcy was "inexperienced." Mr. D'Arcy brought and argued the TRO, which was granted. The judge deemed it among the worst cases of trade dress he had ever seen. Mr. D'Arcy sought an expedited permanent injunction. Before that could be heard, Toop Sports immediately settled, and other co-defendants did as well. Defendants quickly settled the case and gave up all rights to all intellectual property, with case settled in about 40 days , 2014

Representative Clients:

ProCourier, inc.; Residential First Mortgage, PWC Capital, Kevin Jacobs, CPA, Hoyt Roofs, Chasteen Construction, inc., Precise Properties, JCC Homes, Sierra Madre Collection (Porsche parts distributor), among others, 2017

Transactions:

Represented trust in $5.3 million sale of shopping center located in Anaheim to private developer., 2018
Represented private owner of mountain land in Beverly Hills post office, challenging tax valuation of the property. After appearing at several hearings and taking the matter to trial, the City of Los Angeles granted very favorable tax concessions for the client. , 2015

Special Licenses/Certifications:

Broker's license, California Bureau of Real Estate, 2009

Pro bono/Community Service:

In 2010, Mr. D’Arcy received the Wiley M. Manuel Certificate by the California State Bar for his pro-bono representation and multi-count real estate fraud claim against a real estate broker who defrauded indigent clients, 2010
Sheppard Mullin's Pro Bono Awards 2005, 2006 Public Law Center, Pro Bono Awards, 2005 and 2006, both of which were profiled at their annual fund raiser, which is attended by about 1,000 lawyers, 2005

Educational Background:

In 1996, Mr. D'Arcy obtained an MBA from California State University, Northridge, graduating with honors, and sixth in his class., 1996
In 2006, Patrick J. D'Arcy graduated from Georgetown University Law Center. In 1996, Patrick J. D'Arcy obtained an MBA, graduating with honors, and sixth in his class, from California State University, Northridge, 2006

Scholarly Lectures/Writings:

In a law review article entitled, "Skills For Law Students," Professor Van Patten featured prominently my critique of law school education as an extended liberal arts education. My views were posted on my blog, "The Law School Scam-You Won't Know Anything About Being A Lawyer" (Apr. 4, 2015), http://oc-attorney.com/the-law-school-scam-you-wont-know-anything-about-being-alawyer-by-patrick-j-darcy-esq , Was Critiqued In Published Law Review Article, Skills For Law Students, Jonathan K. Van Patten, South Dakota Law Review, Legal, 2016

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