Stephen Garcia
Orlando
Summary
Results-driven attorney with extensive experience in client representation and effective negotiation. Known for strong legal research and communication skills, consistently achieving favorable outcomes in complex litigation cases.
Overview
39
39
years of professional experience
Work History
Attorney
Garcia Law Firms-Presently Garcia & Coman
Long Beach
04.2003 - Current
- Represented clients at trial proceedings before judges or juries.
- Drafted and reviewed pleadings, motions, briefs and other legal documents for court filings.
- Drafted legal documents, including motions and briefs, for various cases.
- Negotiated case resolutions with defense attorneys and judges, facilitating favorable outcomes for clients.
- Negotiated settlements between parties involved in disputes or litigations.
- Negotiated settlements with opposing counsels.
- Advised clients on their legal rights, obligations and liabilities under applicable laws.
- Updated clients on case progress and legal options to ensure informed decision-making.
- Prepared litigation strategies for clients in civil law cases.
- Performed complex legal research to prepare for cases or arbitration.
- Researched legal precedents to support case preparations and strategies.
- Analyzed relevant precedents set by previous court decisions.
- Interpreted recent court opinions and current legal research to remain current with developments.
- Investigated facts and prepared detailed reports on findings related to civil matters.
- Prepared persuasive legal memoranda, motions and briefs synthesizing facts, evidence and legal authorities.
- Filed appeals after a judgment was rendered in a case.
- Developed case strategy plans based on the evidence presented by client's witnesses.
- Collaborated with colleagues to develop effective solutions to complex legal issues.
- Collaborated with legal teams, paralegals, and administrative staff to coordinate case preparation and manage workload efficiently.
- Ensured compliance with state bar association rules regarding professional conduct.
- Provided pro bono legal assistance to underserved populations, promoting access to justice and community support.
- Monitored legislative and regulatory developments relevant to clients' interests, providing proactive advice and adjustments to legal strategies as necessary.
- Provided mentorship and guidance to junior attorneys and law clerks, enhancing team skills and fostering a collaborative work environment.
- Engaged in continuous professional development to stay abreast of legal trends, court decisions, and best practices in the legal field.
- Engaged in continuous professional development to stay abreast of legal trends, court decisions, and best practices in the legal field.
Attorney
WILKES & McHUGH, P.A
San Pedro
03.2001 - 04.2003
Attorney
Garcia Law Firms
Manhattan Beach
05.1987 - 03.2001
Education
J.D. - Law
Loyola Law School
Los Angeles05-1985
Bachelor of Arts - Political Science
Loyola Marymount University
Los Angeles, CA05-1982
Skills
- Case litigation
- Client representation
- Legal advising
- Document drafting
- Legal research
- Compliance monitoring
Accomplishments
2. I have served as lead counsel in over 3500 elder and/or dependent adult neglect cases throughout the United States.
3. I have been served as counsel in matters generating over 3 billion dollars in awards to aggrieved consumers nationwide.
4. I have acquired the largest EADACPA settlement in the history of California of in excess of $38,000,000.00 and have been awarded one of the top ten punitive damage verdicts in California for a calendar year as well as one of the top 25 verdicts in California in a calendar year.
5. That I have prepared more than 500 elder neglect matters for trial and/or arbitration. I have served as counsel in at least 50 such trials and/or arbitrations.
6. Over the course of my near four decade long career, I have also been involved as an owner, operator, owner of a management company, defense counsel, and/or risk analyst for over 250 long-term care facilities throughout the United States housing tens of thousands of residents and employing well over 23,000 employees. I have reviewed well over 5000 files as to long term care services and visited and/or reviewed services at well over 200 such facilities, deposed over 500 managing agents of such facilities and interviewed over 500 managers of such facilities.
7. I have been honored to provide legal assistance for Plaintiffs in elder neglect matters relating to which finders of fact around the country have returned verdicts which ultimately led to verdicts of in excess of $73,000,000.00, $23,000,000.00, 17,000,000.00, $12,000,000.00, $6,700,00.00, $5,300,000.00, $5,200,000.00, $5,100,000.00, $4,300,000.00, $3,600,000.00, $3,300,000.00, $3,200,000.00, $2,7000,000.00 and well over 25 additional seven figure verdicts and settlements.
8. In 2015 and 2018 our law firm was designated by the Los Angeles Daily Journal to be one of the 24 top boutique law firms in the state of California for our litigation efforts on behalf of elder and dependent adults. Like many things at this late stage of my career, we have not submitted applications for consideration in 2019 through 2022.
9. I was named a recipient of the CLAY (California Lawyer of the Year) by California Lawyer Magazine for elder law. I have also been named one of the 500 Leading Lawyers in America by Law Dragon Magazine on multiple occasions. I have been named one of the 500 Leading Plaintiff's Lawyers in America by Law Dragon Magazine on multiple occasions including this year. I have been repetitively named as a “Trailblazer” by the National Law Journal including each year from 2020 through 2023. I have been named a Super Lawyer by Los Angeles Magazine annually for more than the last 15 years or so, including the "Top 100 Lawyers". I am one of 2500 nationwide "Fellows of The American Academy of Trial Counsel" whose membership is by invitation only and limited to one half of one percent of America's lawyers. I have been a finalist for the Consumers Attorneys of California distinguished "Street Fighter of the Year" award.
10. I have served as lead counsel in California actions certified for class approval affecting the lives of over 4,000 elder and infirm California residents in In Re Rechnitz Nursing Facilities.; and served as lead counsel in the class action affecting the lives of over 22,000 elder and infirm California residents in Smietana v. Pleasant Care et al.; lead counsel in the California action certified for class approval effecting the lives of over 25,000 elder and infirm California residents in Benkle v. Longwood ; lead counsel in the California action certified for class approval effecting the lives of over 35,000 elder and infirm California residents in Williamson v. Ensign Group., lead counsel in the California action certified for class approval effecting over 4000 elder and infirm adults and another 4000 in Oregon in In Re Sunwest Healthcare, and as lead class counsel in the California action certified for class approval effecting over 2000 elder and infirm adults in California In Re Sun Mar; lead counsel in California actions certified for class approval, and ultimately settled, affecting the lives of over 10,000 elder and infirm California residents in McRae v. HCR Manor Care Services, LLC, et al.; and as lead class counsel in the California action certified for class approval effecting over 200 elder and infirm adults in California In Re Westpac (which was the first case in which class treatment was granted as against a Residential Care Facility for the Elderly for its understaffing practices); and as lead counsel in the certified class as to fraudulent practices by AOL and Best Buy in a national class action entitled Gergel v. AOL, as well as being named to the executive committee of a national class actions including Obi v. Hewlett Packard, and In re AT&T, to name a few.
11. I have served as a member of the Board of Governors of the Consumer Attorneys of California, and the Board of Governors of Consumer Attorneys of Los Angeles. I have had membership with the American Academy of Trial Counsel (Founding Fellow), Mexican-American Bar Association, the South Bay Bar Association, the Los Angeles County Bar Association, the Fresno County Bar Association, the American Trial Lawyers Association, the American Bar Association, and the Coalition of Concerned Legal Professionals.
12. I have served as a legislative analyst on behalf of elders in the State of California regarding legislation affecting the rights and safety of elder and infirm adults. I have testified before the California Legislature in support of legislation advancing the rights and concerns of California's elders on more occurrences than I tracked and/or remember and in fact have been frequently called for input on these issues by California assembly persons, senators, the Lieutenant Governor and the Governor’s office.
13. Throughout my years of practice, I have been a frequent lecturer advocating the rights of elders at Continuing Education seminars before such groups as Florida Judicial College, The Los Angeles County District Attorneys, USC’s Andrus School of Gerontology, The Southern California Association of Defense Counsel, the American Academy of Legal Nurse Consultants, Consumer Attorneys of California, California Advocates of Nursing Home Reform, the California Health Care Association, Loyola Law School, Whittier Law School, Judicate West and numerous other entities.
14. My appellate efforts include authoring the amicus curiae brief on behalf of the Consumer Attorneys of California in the seminal matter of Inclan v. Covenant Care (March 25, 2004 California Supreme Court) wherein the Supreme Court of California distinguished Elder and Dependant Adult abuse claims from those of “professional negligence” confirming my long held belief that California Code of Civil Procedure §425.13 does not apply to elder abuse claims. Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1348-1349. There, the Court held that, “[A] violation of staffing regulations may provide a basis for finding neglect. Such a violation might constitute a negligent failure to exercise the care that a similarly situated reasonable person would exercise…” Thrower v. GranCare (2018) 889 F.3d 543 wherein the Court brought an end the frivolous removal of cases against long term health care providers to Federal Court. And, Muccianti v. Willow Creek Care Center (2003) 108 Cal.App.4th 13 wherein the Court confirmed that a judgment against a healthcare facility for elder abuse pursuant to EADACPA could not be vacated because there was reasonable probability that interests of nonparties and the public would be adversely affected and the parties’ reasons for requesting reversal did not outweigh erosion of public trust that could result.
3. I have been served as counsel in matters generating over 3 billion dollars in awards to aggrieved consumers nationwide.
4. I have acquired the largest EADACPA settlement in the history of California of in excess of $38,000,000.00 and have been awarded one of the top ten punitive damage verdicts in California for a calendar year as well as one of the top 25 verdicts in California in a calendar year.
5. That I have prepared more than 500 elder neglect matters for trial and/or arbitration. I have served as counsel in at least 50 such trials and/or arbitrations.
6. Over the course of my near four decade long career, I have also been involved as an owner, operator, owner of a management company, defense counsel, and/or risk analyst for over 250 long-term care facilities throughout the United States housing tens of thousands of residents and employing well over 23,000 employees. I have reviewed well over 5000 files as to long term care services and visited and/or reviewed services at well over 200 such facilities, deposed over 500 managing agents of such facilities and interviewed over 500 managers of such facilities.
7. I have been honored to provide legal assistance for Plaintiffs in elder neglect matters relating to which finders of fact around the country have returned verdicts which ultimately led to verdicts of in excess of $73,000,000.00, $23,000,000.00, 17,000,000.00, $12,000,000.00, $6,700,00.00, $5,300,000.00, $5,200,000.00, $5,100,000.00, $4,300,000.00, $3,600,000.00, $3,300,000.00, $3,200,000.00, $2,7000,000.00 and well over 25 additional seven figure verdicts and settlements.
8. In 2015 and 2018 our law firm was designated by the Los Angeles Daily Journal to be one of the 24 top boutique law firms in the state of California for our litigation efforts on behalf of elder and dependent adults. Like many things at this late stage of my career, we have not submitted applications for consideration in 2019 through 2022.
9. I was named a recipient of the CLAY (California Lawyer of the Year) by California Lawyer Magazine for elder law. I have also been named one of the 500 Leading Lawyers in America by Law Dragon Magazine on multiple occasions. I have been named one of the 500 Leading Plaintiff's Lawyers in America by Law Dragon Magazine on multiple occasions including this year. I have been repetitively named as a “Trailblazer” by the National Law Journal including each year from 2020 through 2023. I have been named a Super Lawyer by Los Angeles Magazine annually for more than the last 15 years or so, including the "Top 100 Lawyers". I am one of 2500 nationwide "Fellows of The American Academy of Trial Counsel" whose membership is by invitation only and limited to one half of one percent of America's lawyers. I have been a finalist for the Consumers Attorneys of California distinguished "Street Fighter of the Year" award.
10. I have served as lead counsel in California actions certified for class approval affecting the lives of over 4,000 elder and infirm California residents in In Re Rechnitz Nursing Facilities.; and served as lead counsel in the class action affecting the lives of over 22,000 elder and infirm California residents in Smietana v. Pleasant Care et al.; lead counsel in the California action certified for class approval effecting the lives of over 25,000 elder and infirm California residents in Benkle v. Longwood ; lead counsel in the California action certified for class approval effecting the lives of over 35,000 elder and infirm California residents in Williamson v. Ensign Group., lead counsel in the California action certified for class approval effecting over 4000 elder and infirm adults and another 4000 in Oregon in In Re Sunwest Healthcare, and as lead class counsel in the California action certified for class approval effecting over 2000 elder and infirm adults in California In Re Sun Mar; lead counsel in California actions certified for class approval, and ultimately settled, affecting the lives of over 10,000 elder and infirm California residents in McRae v. HCR Manor Care Services, LLC, et al.; and as lead class counsel in the California action certified for class approval effecting over 200 elder and infirm adults in California In Re Westpac (which was the first case in which class treatment was granted as against a Residential Care Facility for the Elderly for its understaffing practices); and as lead counsel in the certified class as to fraudulent practices by AOL and Best Buy in a national class action entitled Gergel v. AOL, as well as being named to the executive committee of a national class actions including Obi v. Hewlett Packard, and In re AT&T, to name a few.
11. I have served as a member of the Board of Governors of the Consumer Attorneys of California, and the Board of Governors of Consumer Attorneys of Los Angeles. I have had membership with the American Academy of Trial Counsel (Founding Fellow), Mexican-American Bar Association, the South Bay Bar Association, the Los Angeles County Bar Association, the Fresno County Bar Association, the American Trial Lawyers Association, the American Bar Association, and the Coalition of Concerned Legal Professionals.
12. I have served as a legislative analyst on behalf of elders in the State of California regarding legislation affecting the rights and safety of elder and infirm adults. I have testified before the California Legislature in support of legislation advancing the rights and concerns of California's elders on more occurrences than I tracked and/or remember and in fact have been frequently called for input on these issues by California assembly persons, senators, the Lieutenant Governor and the Governor’s office.
13. Throughout my years of practice, I have been a frequent lecturer advocating the rights of elders at Continuing Education seminars before such groups as Florida Judicial College, The Los Angeles County District Attorneys, USC’s Andrus School of Gerontology, The Southern California Association of Defense Counsel, the American Academy of Legal Nurse Consultants, Consumer Attorneys of California, California Advocates of Nursing Home Reform, the California Health Care Association, Loyola Law School, Whittier Law School, Judicate West and numerous other entities.
14. My appellate efforts include authoring the amicus curiae brief on behalf of the Consumer Attorneys of California in the seminal matter of Inclan v. Covenant Care (March 25, 2004 California Supreme Court) wherein the Supreme Court of California distinguished Elder and Dependant Adult abuse claims from those of “professional negligence” confirming my long held belief that California Code of Civil Procedure §425.13 does not apply to elder abuse claims. Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1348-1349. There, the Court held that, “[A] violation of staffing regulations may provide a basis for finding neglect. Such a violation might constitute a negligent failure to exercise the care that a similarly situated reasonable person would exercise…” Thrower v. GranCare (2018) 889 F.3d 543 wherein the Court brought an end the frivolous removal of cases against long term health care providers to Federal Court. And, Muccianti v. Willow Creek Care Center (2003) 108 Cal.App.4th 13 wherein the Court confirmed that a judgment against a healthcare facility for elder abuse pursuant to EADACPA could not be vacated because there was reasonable probability that interests of nonparties and the public would be adversely affected and the parties’ reasons for requesting reversal did not outweigh erosion of public trust that could result.
Timeline
Attorney
Garcia Law Firms-Presently Garcia & Coman
04.2003 - Current
Attorney
WILKES & McHUGH, P.A
03.2001 - 04.2003
Attorney
Garcia Law Firms
05.1987 - 03.2001
J.D. - Law
Loyola Law School
Bachelor of Arts - Political Science
Loyola Marymount University