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David R. Calderon, Esq.

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David R. Calderon, Esq.

(714) 704-4828, Ext. 132

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Professional Experience

Mr. Calderon is a 25 year lawyer and Senior Partner in the firm of BarthCalderon, LLP, and the head of its dispute practice. He has a passion for prevention through planning, strategic asset preservation and aggressive prosecution of, and defense against, a wide array of claims, including debtor defense.  All the while leveraging his knowledge and experience to help you protect what you have worked your whole life to build.

Mr. Calderon has over a quarter century’s worth of extensive board room and court room experience, and takes great pride in his ability to empathize with clients, listening to their concerns, effectively communicating those concerns to others, and ultimately helping them resolve their current issues and plan for their future. He a “straight shooter” who specializes in distilling a wide range of simple and complex problems into creative, understandable, workable, and cost-effective solutions for individuals, families and businesses.

Mr. Calderon graduated Cum Laude in Political Science and Economics from Cal Poly Pomona in 1988 and received his Juris Doctor from the Pepperdine University School of Law in 1991. He is licensed to practice law in the State of California and in the Northern and Central Districts of the California Federal Courts and is a graduate of the Management Action Program.

Professional Appointments and Achievements

  • Youth Employment Service of the Harbor Area, Past President and Board Member
  • Latino Business Council of Costa Mesa, Past President
  • Sigma Phi Epsilon Fraternity, National Board of Directors
  • Sigma Phi Epsilon Educational Foundation, Board of Governors
  • Ruck Leadership Institute, Faculty
  • Volunteer Center of Orange County, Lecturer
  • President, Magnolia Center Little League

<h4Certifications/Specialties

REPRESENTATIVE ACHIEVEMENTS

A unanimous high six-figure jury verdict (later upheld on appeal) on behalf of an employer who alleged fraud, theft and breach of contract by a former employee.

A high six-figure judgment on behalf of an armored car company against an embezzling driver.

A million dollar judgment on behalf of a business consulting firm against one of their clients who received services and refused to pay for them.

Successfully defended multiple fast food franchises in a multi-million dollar “Americans with Disabilities Act” or ADA class-action claim prosecuted in Federal Court.

Successfully defended a real estate developer against claims of violations of the “California Environmental Quality Act” or CEQA and the Subdivision Map Act relating to a subdivision in the Inland Empire against an attorney whose primary line of business is prosecuting those claims. The decision in favor of the client was subsequently upheld on appeal.

Prosecuted an overtime, meal and rest period claim by a cook against his employer (an Asian fast food restaurant) that resulted in a compensation award in the mid five-figures.

Successfully settled thousands of dollars in claims for goods sold and delivered by a vendor against a video rental chain for less than $0.10 on the dollar.

Five-figure compensation that was being wrongfully withheld by the trustee/brother of the beneficiary of the client’s father’s estate.

Successfully defended a trustee in a probate claim made by beneficiary while also successfully prosecuting claims on behalf of the trustee where it was alleged that the same beneficiary misappropriated hundreds of thousands dollars during the decedent’s lifetime.

Successfully defended multiple auto repair shops against bogus claims of fraud under California’s consumer legal remedies act and private attorney general statutes.

Successfully prosecuted claims of fraud and breach of contract relating to directory advertising on behalf of an international cosmetics manufacturer, wholesaler and retailer against a large telecommunications company.

A six-figure settlement was obtained on behalf of an investor who provided another investor with a down payment on a piece of commercial property in exchange for a security interest in the property and 50% of the profits upon sale. The agreement was primarily oral and memorialized only by way of a few handwritten sentences on a slip of paper. The settlement ended up being double the amount invested by our client.

Successfully prosecuted and defended multiple residential and commercial unlawful detainer and ADA claims.

Obtained a high five-figure judgment for fraud, breach of contract and conversion on behalf of a consumer against a marine manufacturer for goods promised, paid for and never delivered.

Obtained several five-figure results on behalf of an aerospace company and a chemical company against vendors for goods sold and delivered and not paid for.

Handled numerous disputes and “buy-sell” agreements between shareholders in closely held companies, members of limited liability companies, and partners in general and limited partnerships.

Handled numerous wage and hour disputes and negotiated numerous separation agreements on behalf of employers, employees and contractors.

Has handled multi-million dollar corporate acquisitions and complex stock transactions between venture capitalists and aerospace companies, maritime security and defense firms, parking and security companies, graphics and design companies, an occupational and physical therapy practice, a children’s development and recreational center, and several franchised companies.

Has successfully negotiated and drafted numerous complex franchising and licensing agreements, vendor contracts, employment agreements for physicians and other professionals, distribution agreements, independent contractor agreements, and joint venture agreements for a major cosmetics manufacturer, a telecommunications company, an interior design firm, a major skin and hair care company.

Has administrated six figure estates.

Has successfully mediated and arbitrated numerous disputes.

Associations

  • California Bar Association
  • Orange County Bar Association
  • American Bar Association

Publications