Mark J. D'Argenio, Partner

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Mark D’Argenio has extensive experience defending clients in a wide variety of areas, including residential and commercial construction, environmental exposure, habitability and mold claims, mass torts, commercial and real estate disputes, and personal injury. Mark is skilled in all aspects of litigation and represents a variety of clients, including some of nation’s largest builders.

Mark has served for several years as an Adjunct Professor at UC Hastings College of the Law, where he taught upper-division Appellate Advocacy and coached various moot court competitive teams. While in law school, Mark won the National Moot Court Competition, the nation’s oldest and most prestigious competition.

Education

  • University of California, Hastings (J.D., 2005)
  • University of California, Berkeley (B.A., 2002)

Awards

  • Super Lawyers Magazine “Southern California Rising Star”, 2015

Practice Areas

ENVIRONMENtAL

  • Extensive experience defending actions for property damage, clean up costs, and nuisance arising from soil and groundwater contamination.
  • Prosecution and defense of claims for contribution and recovery of remediation costs arising under CERCLA, as well as state common law.
  • Defense of builders and contractors in suits regarding environmental compliance during construction and remediation projects.
  • Representation of landowners in disputes regarding wetland and EPA compliance, including pollution and permitting issues.
  • Defense of environmental consultants in professional negligence lawsuits involving wetlands creation, underground storage tank removal, and other environmental projects.
  • Representation of local air quality management districts in suits regarding air quality compliance and air pollution.

Construction

  • Extensive experience defending developers and general contractors in construction defect lawsuits, ranging from single-family home cases to multi-unit condominium class actions.
  • Defense of property owners, contractors, and developers against suits arising from catastrophic injury accidents on commercial and residential sites.
  • Representation of developers, builders, and general contractors in high-value recovery and indemnification actions.

Toxic Tort

  • Extensive experience defending contractors and premises owners in personal injury and habitability litigation resulting from exposure to airborne mold spores.
  • Defense of complex ground water contamination and pollution cases, including toxic fumes and sewage exposure.

Appellate

  • Successful opposition to appeals to California Court of Appeal following dispositive rulings, including published opinion in Maxton v. Western States Metals (2012) 203 Cal.App.4th 81.
  • Preparation of and opposition to writs of mandate involving rapidly developing aspects of California Right to Repair Statute.

Commercial Business Litigation

  • Defense of a wide variety of commercial entities, including property managers, retail establishments, and landlords in personal injury, civil rights, and premises liability matters.
  • Defense of public storage, condominium, and mixed-use building owners, contractors, and developers.
  • Experience advising in-house risk managers and counsel on various aspects of risk prevention, including with regards to habitability, personal injury, and general liability.

Transportation

  • Representation of large transportation companies, including taxi cab companies, in high-exposure personal injury actions.

Real Estate Litigation

  • Defense of claims of fraud and business negligence in conjunction with real-estate transactions.

Publications

Litigation 101: Moving for Sanctions

Given the nature of litigation, there is a distinct chance your client will not be happy to have been sued and may be eager to explore the most aggressive means to challenge the lawsuit.

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Get Specific With In Limine Motions

There have been a number of times in my career when weeks of effort to prepare motions in limine were nullified by a last-minute settlement. To nudge a stack of completed, un-reviewed motions in limine into the recycling bin upon word that a case had been resolved is never fun.

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How to Decide When a Demurrer Makes Sense

In many situations, the pleading won’t give you a tactical advantage but will annoy the judge, explains Mark D’Argenio.

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Your Skills: Preparedness Is Next to Godliness in Successful Mediation

The role of advocacy when mediating a lawsuit is often exaggerated. Whether a case will settle during a mediation session is largely determined not by anything you say or do on the day of mediation, but by the thousand small moments that define your preparation.

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Voir Dire, Tactics for First Impression

It is perhaps fitting that simply parsing the meaning of the term voir dire is itself not a straightforward endeavor. When translated from modern French, it is said to mean alternatively “to see and to say” or “to see [them] say,” both of which seem to characterize, accurately enough, the current legal process in question. However, the term has its actual origin in the Anglo-Norman language, where it means “that which is true.” Voir dire was originally a term coined in common law courts to describe the oath taken by jurors when challenged. Now the term is used to more broadly describe the process by which jurors are questioned on their backgrounds and potential biases prior to being selected to sit on the jury.

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Get in Touch

Northern California
  • Phone: (925) 222-3400
  • Fax: (925) 356-8250

1401 Willow Pass Road
Suite 700
Concord, CA 94520-5735