Mark J. D'Argenio


1401 Willow Pass Road
Suite 700
Concord, CA 94520
P (925) 222-3400
F (925) 356-8250

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Mark D’Argenio has extensive experience defending clients in a wide variety of areas, including environmental, habitability, transportation, real estate disputes, and personal injury. In transportation matters, Mark has represented some of the nation’s largest commercial trucking and common carriers, including through trial. Mark’s in-depth environmental experience includes Clean Water Act litigation, CEQA disputes, wetlands negotiations, and Endangered Species Act claims. Mark also has a comprehensive habitability practice, in which he specializes in representing owners, landlords, and property managers in difficult jurisdictions. Mark’s practice includes litigation, pre-litigation, and transactional assistance. His clients include national REITs, high-volume real estate brokers, and publicly traded builders and developers.

Mark has served for over ten years as an Adjunct Professor at UC Hastings College of the Law, where he teaches upper-division Appellate Advocacy. Mark also teaches legal writing classes at Santa Clara University Law School. While in law school, Mark won the National Moot Court Competition, the nation’s oldest and most prestigious moot court competition.


University of California Hastings Law School (J.D., 2005)

University of California, Berkeley (B.A., 2002)

Licensed to Practice in:


Practice Areas

Admiralty and Maritime
  • Successful defense of contractors in Jones Act maintenance and cure actions.
  • Litigation of LWHCA claims.
  • 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 and 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.
  • Resolution of contract disputes involving vessel owners and operators.
  • 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.
  • Defense of environmental consultants in professional negligence lawsuits involving wetlands creation, underground storage tank removal, and other environmental projects.
  • 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.
  • Representation of local air quality management districts in suits regarding air quality compliance and air pollution.
  • Prompt resolution of ADA claims against hotels and restaurants throughout the United States over the last two years.
  • Successful resolution of food poisoning cases for major United States food chains.
Property Management and Tenant Litigation
  • High-volume practice resolving habitability and landlord-tenant claims in San Francisco, Alameda, and other jurisdictions with tough rent ordinances.
  • Successful resolution of contentious owner move-in lawsuits triggering onerous wrongful eviction statutes.
  • Extensive experience defending contractors and premises owners in personal injury and habitability litigation resulting from exposure to airborne mold spores.
Public Entity Defense
  • Representation of the State of California and Caltrans in high exposure design defect claims, including catastrophic injury and wrongful death.
  • Defense of Bay Area Air Quality Management. District (BAAQMD) and other municipal districts in litigation regarding enforcement of environmental compliance standards.
  • Extensive experience in litigation between cities, counties, and other municipalities, including as to environmental remediation, toxic exposure, and construction deficiencies.
Real Estate and Land Use
  • In-depth experience defending real estate brokers and agents in lawsuits, including breach of fiduciary duty claims, fraud and nondisclosure, and other professional torts.
  • Representation of real estate brokers and agencies in transactional disputes.
  • Defense of claims of fraud and business negligence in conjunction with real-estate transactions.
Toxic Tort and Occupational Exposure
  • Defense of complex ground water contamination and pollution cases, including toxic fumes and sewage exposure.
  • Successful track record of defending commercial trucking companies and their drivers in high exposure injury cases.
  • Extensive experience in pre-lawsuit investigation and exposure analysis, including retention and coordination of experts and preservation of evidence.
  • Trial defense of commercial carriers in wrongful death actions.

Trial & Appellate Results

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Events, Seminars & Presentations

“Developments in Advanced Lawsuit Investigation” (Adjuster CE Webinar; February 20, 2019)

“Strategies for Effective Writing” (MCLE Seminar; May 24, 2017)

“SB 800 and the Right to Repair: Tips, Strategies, and Takeaways After Ten Years of Hands-On Experience” (North State BIA; May 1, 2015)

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Awards & Accomplishments

Super Lawyers Magazine “Southern California Rising Star”, 2015

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