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Cole, Mr. Jonathan B.

May 26, 2010

Jonathan B. Cole has been a member of Nemecek & Cole since its formation in 1984 and is the managing partner of the firm.

Jon is a seasoned trial attorney, having experience in complex litigation since 1977. His clients include some of the most prestigious and established law firms, attorneys, insurance companies and businesses in Los Angeles County and the nation. Jon has handled more than 100 appeals and writs in California and, in 2005, argued before the United States Supreme Court on behalf of his former client and long-time acquaintance, the late Johnnie Cochran, in a high profile First Amendment rights case that was the subject of much print media and public interest.

Jon has transformed Nemecek & Cole from a two attorney boutique to an over twenty attorney law firm that is recognized as one of Southern California’s preeminent professional liability and business litigation defense firms handling litigation statewide from its Sherman Oaks office. As a result of Jon’s efforts, the San Fernando Valley Business Journal has consistently ranked Nemecek & Cole among the top 25 largest law firms in the San Fernando Valley.

Practice Areas
Professional liability defense, business and commercial litigation, real estate litigation and partnership dissolutions

Notable Cases / Published Decisions

  • Jocer v. Price 183 Cal.App.4th 559 (2010)
  • Freedman v. Brutzkus 182 Cal.App.4th 1065 (2010)
  • Drum v. San Fernando Bar Association 182 Cal.App.4th 247 (2010)
  • Martorana v. Marlin & Saltzman 175 Cal.App.4th 685 (2009)
  • Chang v. Lederman, 172 Cal.App.4th 67 (2009)
  • Alshafie v. Lallande, 171 Cal.App.4th 421 (2009)
  • Plumley v. Mockett, 164 Cal.App.4th 1031 (2008)
  • Lincoln Place Tenants Ass’n v. City of Los Angeles, 155 Cal.App.4th 425 (2007)
  • Marlin v. Aimco Venezia, LLC, 154 Cal.App.4th 154 (2007)
  • Lazy Acres Market, Inc. v. Tseng, 152 Cal.App.4th 1431 (2007)
  • Prokop v. City of Los Angeles, 150 Cal.App.4th 1332 (2007)
  • National Cas. Co. v. Coastal Development Services Foundation, 171 Fed.Appx. 680 (2006)
  • Ulysses Tory v. Johnnie L. Cochran, Jr., 544 U.S. 734, 125 S.Ct. 2108 (2005)
  • Lincoln Place Tenants Ass’n v. City of Los Angeles, 130 Cal.App.4th 1491 (2005)
  • Stanwyck v. Beilinson, 104 Fed.Appx. 616 (2004)
  • Katzir’s Floor and Home Design, Inc. v. M-MLS.com, 394 F.3d 1143 (9th Cir. 2004)
  • Leasequip, Inc. v. Dapeer, 103 Cal.App.4th 394 (2002)
  • Watts v. Farmers Insurance Exchange, 98 Cal.App.4th 1246 (2002)
  • Green v. Ralee Engineering Company, 19 Cal.4th 66 (1998)
  • LeBourgeois v. Fireplace Manufacturers, Inc., 68 Cal.App.4th 1049 (1998)
  • Reagen’s Vacuum Truck Service v. Beaver Insurance Company, 31 Cal.App.4th 375 (1994)
  • Kane v. Hurley, 30 Cal.App.4th 859 (1994)
  • Howard v. Superior Court, 2 Cal.App.4th 745 (1992)
  • Continental Casualty Company v. Robsac Industries, 947 F.2d 1367 (9th Cir. 1992)
  • Waxman v. Boren, Elperin, Howard & Sloan, 221 Cal.App.3d 519 (1990)
  • Mt. Hawley Insurance Company v. FSLIC, 695 F.Supp. 469 (9th Cir. 1987)
  • Naftel v. Commissioner of Internal Revenue, 85 T.C. No. 30 (1985)
  • Allen v. Crocker National Bank, 733 F.2d 642 (9th Cir. 1984)
  • McIntosh v. Bowman, 151 Cal.App.3d 357 (1984)
  • Cal-Am Corporation v. Spence, 659 F.2d 1034 (10th Cir. 1981)

Publications / Speaking Engagements

  • “Recent Decisions Limit Declaratory Relief Actions in Federal Courts” by Jonathan B. Cole and David B. Owen, Los Angeles Lawyer, December 1996 (Rulings of Ninth Circuit reject most insurance-related filings)
  • “Three’s a Crowd” by Jonathan B. Cole and David B. Owen, California Law Business, September 20, 1999 (In California, no bright-line rule can be articulated when third parties assert that an attorney has a duty of care to them. It is imperative that potential third parties be advised to seek independent counsel)
  • “Fine Line” by Jonathan B. Cole and Jon D. Robinson, California Law Business, October 18, 1999 (Courts have recognized a tension between the ethical duty of zealous representation and the obligation to pursue lawsuits only where probable cause exists)
  • “Human Error” by Jonathan B. Cole and Karen K. Coffin, California Law Business, November 15, 1999 (There are remedies for the sender when confidential information is accidentally disclosed to the opposing party)
  • “Risk Avoidance” by Jonathan B. Cole and David B. Owen, California Law Business, December 20, 1999 (Clear and concise retainer agreements can head off malpractice suits filed in response to an attorney’s attempt to collect fees)
  • “Promises, Promises” by Jonathan B. Cole and Scott C. Pape, California Law Business, February 22, 2000 (When an attorney’s predictions don’t turn out as planned, can a disgruntled client sue for fraud?)
  • “Captain of the Ship” by Jonathan B. Cole and Julie A. Covell, California Law Business, March 20, 2000 (An attorney is required to obtain client authority before making a decision which will affect the client’s “substantial” rights)
  • “Trailing Tracks” by Jonathan B. Cole and Cassandra Choi Nelson, California Law Business, April 17, 2000 (What or who constitutes “a former client” has expanded in this time of corporate growth and takeovers)
  • “Relief Pitcher” by Jonathan B. Cole and Karen K. Coffin, California Law Business, August 21, 2000 (What percentage of recovery does the contingent-fee attorney receive if he or she is dismissed from a case?)
  • “Tricky Trail” by Jonathan B. Cole and David B. Owen, California Law Business, September 18, 2000 (The termination of representation involves the adherence to a number of intricate ethical rules)
  • “Slamming the Door on Malpractice Claims in Criminal Matters” by Jonathan B. Cole, David B. Owen and Michael R. Newhouse, Los Angeles Lawyer, February 2002 (Plaintiffs must first obtain post conviction relief to maintain a lawsuit)


Education
B.A., Philosophy, University of Colorado, 1973; J.D., Lewis & Clark Law School, 1976 with honors

Charitable Involvement
Nemecek & Cole assists the charitable efforts of the Valley Community Legal Foundation and Beverly Hills Barristers by sponsoring their fund raising activities.

Professional Activities
American Board of Trial Lawyers, Southern California Defense Counsel, San Fernando Valley Bar Association, Los Angeles County Bar Association, Beverly Hills Bar Association, Professional Liability Underwriters Society, American Bar Association, Defense Research Institute, Board of Visitors-Lewis & Clark Law School

Admissions
California State Bar, United States District Court - Central, Eastern, Northern and Southern Districts, United States District Court - Colorado, Ninth Circuit Court of Appeal, United States Supreme Court

Awards
Named by his peers as one of Southern California’s “Super Lawyers” in 2005, 2006, 2007, 2008 and 2009; San Fernando Valley Journal “Top 25 Lawyers in the San Fernando Valley,” 2007; Martindale-Hubbell AV rating

Personal Background
Jon is married with three children. He is an avid water ski racer and mountain biker. Jon is a seven time National Water Ski Racing champion; 1996 Catalina Water Ski Race record holder for men over 45; Australia Bridge to Bridge water ski race record holder for men over 50.

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