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Mark E. Ellis, Managing Partner
Trials
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Mark E. Ellis
Practice Focus

Founding partner Mark E. Ellis is a trial lawyer and litigator whose practice embraces civil litigation in both state and federal courts. He has tried approximately 60 cases to verdict, judgment or binding award. Most of Mr. Ellis' trials have lasted weeks. Several trials have lasted months.

Mr. Ellis regularly defends professionals sued for malpractice, malicious prosecution, ethics violations, and other professional wrongdoing. Mr. Ellis has defended hundreds of such cases. As of 2010, Mr. Ellis has represented lawyers and/or law firms in approximately 35 trials, winning virtually every case that reached a final decision by verdict or judgment.

Mr. Ellis handles financial institution, business and commercial litigation, including complex litigation involving class actions under Federal Rule of Civil Procedure 23 and under California's Unfair Competition Law, Business and Professions Code, Section 17200. His practice includes commercial and consumer litigation in state and federal courts related to the federal Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), as well as their state equivalents. Mr. Ellis, and the Firm, have successfully tried several of these cases over the last few years.

In 2004, 2005, 2006, 2007, 2008, 2009 and again in 2010, Mr. Ellis was chosen by other attorneys as one of the top 5 percent of lawyers practicing in Northern California, and was named a Northern California "Super Lawyer" in Law & Politics Magazine. Mr. Ellis was also listed under the specialty of Legal Malpractice Law in the 2010 edition of Best Lawyers in America®, which names the nation’s premiere attorneys based on a survey of 2.8 million lawyers.

Mr. Ellis' practice includes the representation of clients before the appellate courts. A former appellate law clerk, Mr. Ellis has handled scores of appeals before state and federal appellate courts. In February 2006, he was one of the winning attorneys in Rusheen v. Cohen (2006) 37 Cal.4th 1048, a decision by the California Supreme Court. In 2009, Mr. Ellis participated in drafting and filing in the United States Supreme Court an Amicus Curiae brief on behalf of the California Association of Collectors (CAC) in the case of Jerman v. Carlisle.

Mr. Ellis' practice also includes the representation of plaintiffs in serious personal injury actions.

Mr. Ellis has participated in dozens of jury trials, bench trials, and/or binding arbitrations. He has won over 90 percent of those trials or arbitrations that reached decision.

Mr. Ellis is licensed to practice in the State of California, in the State of Washington, before the United States Supreme Court, before the Ninth Circuit Court of Appeals, and before all the Federal District Courts of California as well as several other federal district courts throughout the country.

Education

Mr. Ellis earned his Bachelor's degree in Government from the College of William & Mary in 1982. He received his J.D. from California Western School of Law in 1985, graduating cum laude. In law school, Mr Ellis also:

  • Received the Diane Gafford Ethics Award upon graduation (1985)


  • Received the Lloyd Griffin Ellis Scholarship (1984, 1985)


  • Served on the Law Journal as a published member of the staff (1983-1984) and then as Head Lead Articles Editor (1984-1985)


  • Served as a Legal Writing Honor's Instructor (1983-1984)

Professional Affiliations


Mr. Ellis is a member, past member or inactive member of the Sacramento, San Francisco, California, Washington State and American Bar Associations, the Federal Bar Association, the Defense Research Institute, the Association of Defense Counsel for Northern California, the Professional Liability-Underwriter's Society (PLUS) and the Member Attorneys Program ("MAP") of the American Collectors Association. He served as the California MAP Chairman (2001-2002) for the American Collectors Association. He acts as a judge Pro Tem in the settlement department of the Sacramento Superior Court.

 

Work History

  • Judicial Clerkship (1985-1987): Washington State Court of Appeals, Division III, to the Hon. Ray E. Munson


  • Associate, Partner, Shareholder (1987-2006): Murphy, Pearson, Bradley & Feeney


  • Partner (2006-Present): Ellis LaVoie Poirier Steinheimer & McGee, LLP



Representative Trials and Settlements

  • Carmical v. Nationwide (February 2010) Personal Injury. Favorable award for client in excess of $650,000 after U.M. arbitration.


  • Howard v. Great Expectations (September 2009) Commercial. Participated in the Phase 2 trial of the consolidated class action representing Great Expectations franchises throughout California. Favorable ruling obtained.


  • Hall v. Captain's Table, LLC (July 2009) Commercial. Five-day bench trial concerning breach of contract (finder's fee). $160,000 judgment in favor of plaintiff client.


  • Howard v. Great Expectations (January 2009) Represented defendant dating service franchises in Phase 1 trial. Favorable ruling obtained.


  • Thornbrough v. Western Placer Unified School District Discharge Hearing (November 2008-January 2009) Represented school district in lengthy termination proceeding, and in retaliatory discharge proceeding. Favorable ruling entered for client WPUSD granting termination and rejecting retaliation claims.


  • Rouse v. Law Offices of R.C. (August 2008) FDCPA. Attorney Defense. Defense verdict for law firm, its staff and its client after a unanimous jury verdict in the United States District Court for the Southern District of California. The plaintiff's pre-verdict demand exceeded $400,000.


  • Scheel v. Henderson (July 2008) Real Property. Bench trial concerning ownership of, and right to use, real property. Ownership of property quieted in favor of client. Favorable final decision entered for clients.


  • Olsen v. Harbison (April 2008) Attorney Defense/Quantum Meruit/Fees/Alleged Wrongdoing by Attorney. Nonsuit granted in favor of client lawyer in pretrial motions on 4th day of trial.


  • Sutton v. A.H.W. (January 2008) Legal Malpractice. Multi million dollar claims against attorney clients settled for less than cost of defense after motions in limine threatened to gut plaintiff’s claims.


  • Bloom v. H.B.C.W. (September/October 2007) Legal Malpractice. Defense verdict for client law firm after a five-week jury trial. Verdict entered for client law firm on fee cross claim for full amount of the claim; total awards in favor of client law firm in damages, fees and costs exceeded $400,000.


  • Challas v. Goetz (July 2007) Bankruptcy. Favorable decision for client after a bench trial in United States Bankruptcy Court for the Northern District of California (San Jose).


  • Russ v. M.H.A. (March 2007) Legal Malpractice. Verdict against client for small percentage of damages requested. Nonsuit and post trial motions eliminated most of plaintiff’s damages against client law firm; case resolved for confidential settlement while on appeal.


  • State Bar v. J.B. (May-August 2007) Involuntary Enrollment Proceeding. Determination in favor of client attorney denying the State Bar’s demand for involuntary enrollment after 5-day trial.


  • McKee v. E. & A. (December 2006) Attorney/Fair Debt Collection Practice Act (FDCPA) defense. Defense verdict obtained for client law firm sued for allegedly violating the FDCPA after 6 day jury trial in Federal District Court for the Central District of California.


  • Kubat v. H. (May 2006) Legal Malpractice and Breach of Fiduciary. Favorable decision by nonsuit entered in favor of client attorney during second week of trial.


  • Ellis v. G.W. (April 2006) FCRA Defense. $1.5 million claim settled during second week of trial for nominal settlement.


  • Andrews v. Shearer (February 2006) Plaintiff Personal Injury. Settlement in favor of client plaintiff for $1,350,000


  • Ruiz v. Citrus Grove (March 2005) Plaintiff/Personal Injury/Wrongful Death. Settlement in favor of client plaintiffs in excess of $1,700,000.


  • Denny v. Latham (May/June 2005) Wrongful Death Defense. Jury verdict entered in favor of client defendant after three week jury trial.


  • Loduca v. Polyzos, dba QMC (October 2004) Breach of Contract. Judgment in favor of client following bench trial.


  • Campos v. Wells Fargo Bank (August 2004) Commercial. Judgment entered in favor of client bank after adversarial trial in United States Bankruptcy Court, Eastern District of California.


  • Hall v. U.S. Express (March 2004) Plaintiff Personal Injury. Settlement during second week of trial in excess of $850,000 in favor of client personal injury victim.


  • A.N.P.A.C. v. M. & T. (Jan/Feb 2004) Legal Malpractice and Breach of Contract. Jury verdict entered in favor of law firm clients after three-week jury trial in U.S. District Court.


  • Wells Fargo Bank v. Tyson (Spring 2003) Commercial. Judgment in favor of client bank in excess of $350,000; cross-complaint against bank dismissed.


  • Holesapple v. S. & H. (November 2002) Legal Malpractice. Action dismissed against attorney clients; settlement in favor of client attorneys on the fee cross-claim in excess of $480,000.


  • Kinsey v. Viega (March 2002) Legal Malpractice and Breach of Fiduciary Duty. Judgment in favor client attorney during trial.


  • Campbell v. Z. (July-November 2001) Legal Malpractice. Judgment entered in favor of client attorney after 5-month trial on legal malpractice claim; judgment entered on fee cross-claim in favor of client in excess of $2,400,000.


  • Greenwell v. D. A. & Assoc. (April & May 2000) Legal Malpractice. Judgment entered for client attorneys after 2-month jury trial on legal malpractice claim.


  • Wang v. Grodin (April 1999) Legal Malpractice/Malicious Prosecution/Abuse of Process. Nonsuit granted in favor of client attorney during trial.


  • Bregman v. S. (November 1997) Legal Malpractice. Dismissal in favor of client attorneys during jury trial.


  • Gunderson v. Valente (September 1997) Legal Malpractice. Verdict for client attorney following jury trial.

     

Representative Published Opinions

  • Rouse v. Law Offices of Rory Clark (9th Cir. 2010) 603 F.3d 699


  • Ikon Office Solutions, Inc. v. Rezente (E.D.Pa. 2010) 2010 WL 395955


  • Thornbrough v. Western Placer Unified School District (E.D.Cal. 2010) 2010 WL 2179917


  • Sanchez v. Indymac Bank, FSB (E.D.Cal. 2010) 2010 WL 314760


  • Carrizosa v. Stassinos (N.D.Cal 2010) 2010 WL 144807


  • Thoennes v. Masari Investments, LLC (N.D.Cal 2009) 2009 WL 4282807 (Slip)


  • Deomampo v. Wells Fargo Bank (N.D. Cal. 2009) 2009 WL 1764533


  • Komarova v. National Credit Acceptance, Inc. (2009) 175 Cal.App.4th 324


  • Nicander v. Hecker (N.D.Cal 2009) WL 5084087


  • Gruen v. EdFund (N.D. Cal. 2009) F.Supp.2d, 2009 WL 2136785


  • Pintos v. Pacific Creditors Association (9th Cir. 2009) 565 F.3d 1106


  • Carrizosa v. Stassinos (N.D. Cal. 2009) 2009 WL 839095


  • Gerber v. Citigroup, Inc. (E.D. Cal. 2009) WL 248094


  • Palmer v. Stassinos (N.D. Cal. 2009) 2009 WL 86705


  • Liceaga v. Debt Recovery Solutions, LLC.(1st Dist. 2008) 169 Cal. App.4th 901


  • Roybal v. Trans Union (E.D. Cal. 2008) 2008 WL 5329986


  • Palmer v. Far West Collection Services Inc. (E.D. Cal. 2008) 2008 WL 5397140


  • Miller v. Midland Funding LLC (C.D. Cal. 2008) 2008 WL 5003042


  • Farrar v. RDK Collection Serices, Inc. (2nd Dist. 2008) 2008 WL 4741077


  • Cassady v. Union Adjustment Co., Inc. (N.D. Cal. 2008) 2008 WL 4773976


  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 4532447


  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 4532465


  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 4532473


  • In Re Goetz (N.D. Cal. 2008) 2008 WL 3068954


  • Camacho v. Bridgeport Financial Inc. (N.D. Cal. 2008) 2008 WL 2951290


  • Ambriz v. Arrow Financial Services (C.D. Cal. 2008) 2008 WL 2095617


  • Costa v. National Action Financial Services (E.D. Cal. 2008) 2008 WL 1925235


  • Camacho v. Bridgeport (9th Cir. 2008) 523 F.3d 973


  • Abels v. JBC Legal Group (N.D. Cal. 2008) 2008 WL 782527 (FDCPA)


  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 619118


  • Martsolf v. JBC Legal Group, P.C. (M.D. Pa. 2008) WL 275719


  • Davis v. Unifund CCR Partners (N.D. Cal. 2008) 2008 WL 191272


  • Burdick v. Palisades Collections LLC (C.D. 2008) 2008 WL 80943


  • Costa v. National Action Financial Services (E.D. 2007) 2007 WL 4526510


  • Navarro v. Eskanos & Adler (N.D. Cal.) 2007 WL 4458306


  • Navarro v. Eskanos & Adler (N.D. Cal.) 2007 WL 4200171


  • Johnson v. Credit International (9th Cir. 2007) Fed.Appx. 8, 2007 WL 3332813


  • In Re Goetz (Bankruptcy, N.D. Cal. 2007) 2007 WL 3095418


  • California Capital Ins. Co. v. Farmers Ins. Group (Edmondson Property Management v. Kwock) (5th Dist. 2007) 156 Cal. App. 4th 197


  • Law v. Harvey (N.D. Cal. 2007) 2007 WL 2990426


  • Pintos v. Pacific Creditors Ass’n (9th Cir. 2007) 504 F.3d 792


  • Palmer v. Stassinos (N.D. Cal. 2007) 2007 WL 2288119


  • Guevarra v. Progressive Financial Services Inc. (N.D. Cal. 2007) 497 F.Supp.2d 1090


  • Loduca v. Polyzos (3rd Dist. 2007) 153 Cal.App.4th 334


  • Navarro v. Eskanos & Adler (N.D. Cal. 2007) 2007 WL 1574548


  • Chiu v. Creditors Trade Association Inc. (N.D. Cal. 2007) 2007 WL 1509328


  • Abad v. Williams, Cohen & Gray, Inc. (N.D. Cal. 2007) 2007 WL 1839910


  • Camacho v. Bridgeport Financial, Inc. (N.D. Cal. 2007) 2007 WL 1302731


  • Lea v. Cypress Collections (N.D. Cal. 2007) 2007 WL 988184


  • Lockshin v. Union Pacific R. Co. (N.D. Cal. 2007) 2007 WL 900975


  • Navarro v. Eskanos & Adler (N.D. Cal. 2007) 2007 WL 902550


  • Navarro v. Eskanos & Adler (N.D. Cal. 2007) 2007 WL 549904


  • Camacho v. Bridgeport Financial, Inc. (N.D. Cal. 2007) 2007 WL 196681


  • Navarro v. Eskanos & Adler (N.D. Cal. 2006) 2006 WL 3533039


  • Guevarra v. Progressive Financial Services Inc. (N.D. Cal. 2006) 2006 WL 3613742


  • Rouse v. Law Offices of Rory Clark (S.D. Cal. 2006) 465 F.Supp2d 1031


  • Palmer v. Stassinos (N.D. Cal. 2006) 2006 WL 2642530


  • Carrizosa v. Stassinos (N.D. Cal. 2006) 2006 WL 2529503


  • Palmer v. Stassinos (N.D. Cal. 2006) WL 2411413


  • Tilton v. Eskanos & Adler (N.D. Cal. 2006) 2006 WL 2355468


  • Irwin v. Mascott (9th Cir. 2006) 196 Fed.Appx. 455, 2006 WL 2085434


  • Carrizosa v. Stassinos (N.D. Cal. 2006) 2006 WL 1581953


  • Palmer v. Stassinos (N.D. Cal. 2006) 236 F.R.D. 460


  • Abels v. JBC Legal Group, PC (N.D. Cal. 2006) 233 F.R.D. 645


  • Rusheen v. Cohen (2006) 37 Cal.4th 1048


  • Trevino v. ACB American, Inc. (N.D. Cal. 2006) 2006 WL 391797


  • Trevino v. ACB American, Inc. (N.D. Cal. 2006) 232 F.R.D. 612


  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2006) 2006 WL 568623


  • Palmer v. Stassinos (N.D. Cal. 2006) 233 F.R.D. 546


  • Camacho v. Bridgeport (9th Cir. 2005) 430 F. 3d 1070


  • Campos v. Wells Fargo Bank (E.D. Cal. 2005) 345 B.R. 678


  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 2005 WL 3839309


  • Palmer v. Stassinos (N.D. Cal. 2005) 419 F.Supp.2d 1151


  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 2005 WL 3839308


  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 428 F.Supp.2d 1023


  • Cancio v. Financial Credit Network, Inc. (N.D. Cal. 2005) 2005 WL 1629809


  • Minick v. Tate (N.D. Cal. 2005) 2005 WL 1566548


  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 229 F.R.D. 152


  • Palmer v. Stassinos (N.D. Cal. 2005) WL 3868002


  • Palmer v. Stassinos (N.D. Cal. 2005) WL 3868003


  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 227 F.R.D. 541


  • Bochman v. Pugh (4th Dist. 2005) 2005 WL 288976


  • Palmer v. Stassinos (N.D. Cal. 2004) 348 F.Supp.2d 1070


  • Irwin v. Mascott (9th Cir. 2004) 370 F.3d 924


  • Bracamonte v. Eskanos & Adler (N.D. Cal. 2004) WL 1146624


  • Bracken v. Harris & Zide, L.L.P (N.D. Cal. 2004) 219 F.R.D. 481


  • Beach v. Harco National Insurance Co. (3rd Dist. 2004) 110 Cal.App.4th 82


  • Campbell v. Zumbrun and Findley (3rd Dist. 2002) WL 1999755


  • Renick v. Dun & Bradstreet (9th Cir. 2002) 290 F. 3d 1055


  • Martin v. Wells Fargo Bank (3rd Dist. 2001) 91 Cal.App.4th 489


  • Littledove v. JBC & Associates, Inc. (E.D. Cal. 2001) WL 42199


  • Irwin v. Mascott (N.D. Cal. 2000) 112 F.Supp2d 937


  • Irwin v. Mascott (N.D. Cal. 2000) 94 F.Supp2d 1052


  • Irwin v. Mascott (N.D. Cal. 1999) 186 F.R.D. 567


  • Irwin v. Mascott (N.D. Cal. 1999) 96 F.Supp2d 968


  • Mahon v. Credit Bureau of Placer County (9th Cir. 1999) 171 F. Supp. 3d 1197


  • Naas v. Stolman (9th Cir. 1997) 130 F. 3d 892


  • Orix Credit Alliance v. Horton (S.D. N.Y. 1997) 965 F. Supp. 481


  • Plunkett v. Spaulding (1997) 52 Cal. App. 4th 114


  • Newman v. Checkrite California, Inc. (E.D. Cal. 1996) 1996 WL 1118092


  • Newman v. Checkrite California, Inc. (E.D. Cal. 1995) 912 F. Supp. 1354


  • Newman v. Checkrite California, Inc. (E.D. Cal. 1994) 1994 WL 896637


  • In re Costa (Bankruptcy E.D.Cal. 1994) 172 B.R. 954


  • Nichols v. Keller (5th Dist. 1993) 15 Cal App.4th 1672


  • Carlton v. Tortosa (1993) 14 Cal. App. 4th 745


  • U.S. Roofing v. Credit Alliance Corp. (1991) 228 Cal. App. 3d 1431



Articles

Published by the California Association of Collectors in their monthly trade magazine, The Collector's Ink:
  • "Overview of State Debt Collection Regulations" (April 2003)



Presentations


Personal

Mr. Ellis was born and raised in Fredericksburg, Virginia where he developed an interest in the Civil War that continues to this day. He is married and has two sons.

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