David Z. Ribakoff, Of Counsel
David Z. Ribakoff is an experienced business litigator who has tried and arbitrated numerous cases to successful conclusions. He has tried cases in federal and state court as well as briefing and arguing several state and federal court appeals involving complex procedural and substantive issues.
David takes a very client-specific approach to each case, first understanding the client’s goals and budget and then devising and implementing an effective strategy to meet those goals within the budget. As a litigator, David’s passion is being in court and trying cases. Clients appreciate this passion and have confidence in David’s ability to go to court and zealously advocate for them. Here are some examples of David’s recent successes:
- Nuvation Research Corp. v. Cook, 2003 WL 1558279 (Cal.App. 2003) (Obtained a judgment for a local defense contractor, including punitive damages and a permanent injunction, following a 3-week jury trial. The California Court of Appeal affirmed the judgment in full.)
- Salient Networks, Inc. v. Jones, 2004 WL 147060 (Cal.App. 2004) (Successfully enforced a binding arbitration agreement and prevailed in the California Court of Appeal.)
- Byran Co. v. U.S. Surgical, 150 Fed.Appx. 616 (9th Cir. 2005) (Prevailed in a federal court jury trial and on appeal, obtaining almost $1.5 million in future lost profits damages for a local manufacturer against a division of Tyco.)
- Cardone v. SCIE, LLC, et al., 2006 WL 1704090 (Cal.App. 2006) (Defeated an anti-SLAPP motion in a malicious prosecution case arising out of underlying entertainment litigation. This was affirmed by the California Court of Appeal.)
- China Healthways Institute, Inc. v. Wang, 491 F.3d 1337 (Fed.Cir. 2007), cert. denied, 128 S.Ct. 661 (2007) (Prevailed in a trademark appeal before the Federal Circuit on behalf of a local manufacturer of therapeutic massagers. The case establishes important precedent concerning properly examining similarities in competing marks and market confusion.)
- GE Healthcare v. Orbotech Ltd., 2009 WL 2382534 (E.D. Wis. 2009) (Obtained a dismissal of a multi-million dollar suit brought by GE Healthcare against an Israeli manufacturer of CZT modules. The Court found that Israel presented a suitable forum for the adjudication of the dispute and that Wisconsin was a seriously inconvenient forum.)
- Thornton v. United Church of Religious Science dba Science of Mind Magazine, AAA Arbitration, affirmed on appeal at 2011 WL 2041365 (2011) (David prevailed in a breach of contract action on behalf of a magazine advertising executive for unpaid commissions. The client received all past due commissions, attorneys’ fees, costs, and declaratory relief for commissions on future ads placed by her clientele.)
- Sabadia v. Holland & Knight, LLP, Los Angeles Superior Court (2012) (David was lead trial counsel for the Plaintiffs in a 6-week jury trial against a major law firm on claims for legal malpractice, breach of fiduciary duty and fraud, arising out of real estate transactions in Georgia and Florida. The jury returned a verdict of $34,496,779.92, finding in the Plaintiffs’ favor on all counts.)
- Bushman v. Artefex, 2015 WL 9260509 (Cal. App. 2015) (David was lead trial counsel, defending against claims for breach of contract and fraud for alleged non-disclosures in a commercial real estate transaction. The Plaintiff claimed hundreds of thousands of dollars in damages, but the jury returned a verdict for Plaintiff for just $15,000. Because the Plaintiff rejected an early offer to compromise the case for $87,500, David argued successfully in the trial court and Court of Appeal that his clients were the prevailing parties. David was able to recoup over $700,000 in this case for his clients.)
David began his career at the Los Angeles firm of Adams, Duque & Hazeltine, where he received unparalleled mentoring and training by some of the leading attorneys in the country. Some of those attorneys are now judges. For four years, David ran his own law firm and thereafter was a partner in the Orange County firm of Enterprise Counsel Group. David is very excited to partner with his friends and colleagues at Enenstein Pham & Glass and to be part of a team whose mission is to provide each client with the best possible representation at the best value.
David was a contributing author to the Rutter Group: Insurance Litigation treatise.
What David’s Clients Have to Say:
“We want to thank you, for making it possible for us prevail in a two year long lawsuit brought against our company.
In retrospect, from our first meeting, when my husband and I discussed our situation with you, and the difficult lawsuit we were facing, we recognized that we were in very capable hands. We see now, how you walked us through each step, thoroughly investigating all avenues available to us, your exhaustive attention to detail was revealing, and very reassuring.
After the trial, outside the courtroom, the forewoman on our jury said it best, when she stated, “when all was said and done, the jury trusted, and believed what you were telling them”, and I heard her ask you for your business card, because she wanted to have you represent her company in some legal matters. That is possibly the highest praise! She is a VP of a large corporation, and I believe she saw first hand what an impressive, and persuasive litigator, and trial attorney you are.
We were lucky to have you on our side, and hold you in the highest regard.”
– Kathleen Koszyk, President
– Don F. Koszyk, CEO
“David, I just wanted to express my appreciation for the way you handled our arbitration. Not only did the result far exceed our expectations, but I was impressed with your level of preparation, your strategic thinking and your collaborative approach. I look forward to working with you again in the future.”
– Shawn A. Smith
Senior Vice President and General Counsel, Nice-Pak Products, Inc.
“Fast and efficient work.”
– Don Tripler
V.P., Craig Tools, Inc.
“I am impressed by your diligence and way of preparing yourself.”
– Mannie Dorfan
General Manager, Orbotech Medical Solutions, Ltd.
After a successful jury verdict:
“You delivered and ought to be proud of it!”
– Rahim Sabadia
President and CEO, Sabtech Industries, Inc.
After a successful appeal:
“Great work David. This is the major breakthrough that we have all been so anxious to receive.”
– Jeff Hiebert
President, ROI Networks, Inc.
After a successful trial and appeal:
“Congratulations” and “fine job.”
– Kelly Dunagan
The Byran Company, Inc.
After a successful court of appeal argument:
“Thank you for getting us to this stage. Notwithstanding any eventual financial settlement or judgment, yesterday was rewarding.”
– Steve Cardone.
“18 months of hard preparation and 8 weeks of exceptional trial work by David Ribakoff resulted in a favorable verdict that no one could have imagined”
– Douglas K. Freeman, JD., LLM
– First Foundation Advisors