Martin L. Pitha
Martin Pitha specializes in handling commercial and employment litigation cases. This includes cases related to breach of contract, fraud, unfair competition, partnership disputes, trade secret misappropriation, and related disputes. He is involved in every stage of the process, including investigation, trial and arbitration, and appeals in both state and federal courts. Super Lawyers Magazine has named Mr. Pitha a Super Lawyer in business litigation each year since 2022.
Mr. Pitha has expertise in handling requests for provisional measures such as temporary restraining orders, injunctions, and writs of attachment. In addition, he counsels clients on how to avoid (or get ready for) litigation, especially in cases involving covenants not to compete and other restrictions on employee mobility
Notable Results
- Successfully tried dispute between corporate shareholders through binding arbitration, winning six-figure award for client and defeating all claims alleged by opponents.
- Obtained an eight-figure payment for a small business from its publicly-traded business partner for breach of a consulting agreement.
- Defeated an eight-figure claim against an architect for alleged negligence and obtained a six-figure award for fees owed to the architect. (Francis, et al. v. Westlan Construction, Inc., et al., Cal. Court of Appeal Case No. B195914.)
- Prevailed in trials involving commercial real estate and leasing disputes.
- Obtained complete dismissal of suit against the Nevada SPCA arising from a fund-raising event.
- Obtained court orders freezing millions of dollars in assets obtained by the self-dealing of corporate officers, resulting in a quick resolution of the dispute.
- Resolved a contract dispute between an international sports organization and a major United States sports league concerning broadcasting of the organization’s event.
- Successfully defended a pet food manufacturer against claims that its food caused injury to pets.
- Successfully defended a telecommunications company (1) against allegations that a disruption in service resulted in harm to a professional’s business and (2) in a class action case concerning the collection of certain charges from hundreds of thousands of customers.
In the context of employment litigation and counseling, Mr. Pitha has assisted clients in a wide range of disputes, examples of which include the following:
- Successfully counseled professionals in the financial, insurance, and legal-services industries in changing firms and employers without facing litigation to enforce contractual agreements.
- Regularly counseled C-level executives with respect to separation from employers.
- Successfully represented employers in responding to pre-litigation demands based on alleged wage and hour violations, misclassification, discrimination, retaliation, failure to accommodate, and related claims.
- Successfully responded to and resolved litigation brought by former employees based on alleged wage and hour violations, misclassification, discrimination, retaliation, failure to accommodate, and related claims against businesses in various industries, including construction, technology, and retail sales.
- Successfully represented physician in arbitration in obtaining return of capital contribution from medical group.
- Successfully represented individuals in litigation concerning alleged breaches of employment covenants.
Professional Activities & Memberships
- Orange County Bar Association (Business Litigation Section)
- Association of Business Trial Lawyers (Orange County Chapter)
- Eastern European Bar Association
- AthletesTouch (Orange County Chapter)
- University of California Alumni Association
- Orange County California Alumni Club
- Fluent in Czech
Education
- University of California College of the Law, San Francisco (formerly the University of California, Hastings College of the Law), J.D., 1997
Admissions
- California
- U.S. District Court for the Central, Southern, Northern, and Eastern Districts of California
- Ninth Circuit Court of Appeals
Honors
- Super Lawyer in Business Litigation, Southern California Super Lawyers, since 2022; Rising Star (2006-2012)