David Casarrubias

David C. Casarrubias

Associate

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Litigation and Dispute Resolution
Litigation and Dispute Resolution
San Francisco

David is an Associate with Hanson Bridgett’s Appellate Practice Group where he focuses on writs, appeals, and law and motion in both state and federal court. In addition to appellate litigation, David has experience litigating a variety of business disputes and has a robust practice representing government agencies throughout California in complex and multi-party litigation. David also maintains an active pro bono practice and serves on Hanson Bridgett’s Pro Bono Committee.

David was a prior Summer Associate at Hanson Bridgett and a judicial extern for Chief Judge Jennifer Gee in the U.S. Department of Labor's Office of Administrative Law Judges. During law school, David successfully briefed and argued a pro bono appeal before the United States Court of Appeals for the Ninth Circuit. Currently, David is on the faculty at the University of California, Hastings College of the Law, where he teaches legal research and writing.

Representative Work

Secured a published 9th Circuity victory on behalf of petitioner, a gay Nigerian client seeking asylum and protection under the Convention Against Torture in the United States after he was discovered being intimate with his boyfriend in a Nigerian hotel and was threatened with death as a result of that discovery. The Immigration Judge (IJ) found that the petitioner was not credible because he got the name of the hotel wrong, which led the IJ to find that the petitioner was not gay and did not face persecution in his home country. The IJ and Board of Immigration Appeals (BIA) denied all relief. Following expert briefing by Hanson Bridgett attorneys David Casarrubias, Breana Burgos, and Alexandra Atencio, and David’s compelling oral argument, the Ninth Circuit granted the petition for review, holding the BIA failed to give “reasoned consideration” to all of the evidence. Further, the Ninth Circuit ruled that the petitioner’s asylum application was not “frivolous” merely because he got the name of the hotel wrong. While potentially relevant to his asylum claim, the location of the hotel was not a central element of his asylum claim.

Cannabis Law: Successfully defended cannabis distribution company in a jury trial against a cannabis cultivator alleging distributor breached an implied-in-fact contract when distributor attempted to return cannabis and cannabis products that would not sell. Fist Cut Farms, LLC, et al. v. Vista Distribution Inc., et al., No. SCUK-CVG-2019-72818 (Mendocino County Superior Court).

Anti-SLAPP: Assisted with drafting winning appellate brief defending trial court’s denial of two anti-SLAPP motions in class action alleging a conspiracy to deny non-locals access to a public beach via threats and violence. Spencer v. Mowat (2020) 46 Cal.App.5th 1024.

Writ Petition: Assisted with drafting successful opposition to writ petition on standing grounds in action involving the Registrar of Contractors of the California Contractors State License Board. URS Corp., et al. v. Registrar of Contractors of the Cal. Contractors State License Board, et al., No. 30-2019-01053135-CU-WM-CJC (Orange County Superior Court).

Immigration Law: Successfully reversed the Board of Immigration Appeals and Immigration Judge’s in absentia removal order by rebutting the federal government’s presumption that its removal order was delivered via regular mail. Sicat v. Sessions, 742 Fed.Appx. 170 (9th Cir. 2018).

Constitutional Law: Represented group of behavioral science and economics scholars as amici curiae in appeal addressing interplay between free speech and equal protection rights. 303 Creative LLC, et al. v. Elenis, et al., No. 19-1413 (10th Cir.).

Attorney Fees: Represented construction contractor by drafting appellate brief challenging a trial court’s order awarding nearly a quarter of a million dollars in contractual attorney fees. CDC San Francisco LLC v. Webcor Construction, L.P., et al., No. A157650 (Cal. App. 1 Dist.).

Government Law: Successfully represented local transportation districts in their defense against a high stakes, multi-million dollar, class action alleging violations of state and federal due process clauses based on toll violation noticing procedures. Saliani, et al. v. Bay Area Toll Authority, et al., No. CGC-14-540384 (San Francisco Superior Court).

Each case is different. Prior results are no guarantee of future success.

Published Decisions

303 Creative LLC v. Elenis (10th Cir. 2021) 6 F.4th 1160

Jobs & Housing Coalition v. City of Oakland (2021) 73 Cal.App.5th 505

People v. Skiff (2021) 59 Cal.App.5th 571

Spencer v. Mowat (2020) 46 Cal.App.5th 1024

New Livable California v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709

Publications

"Judicial Notice on Appeal: Mandatory Subject Matter," Appellate Insight (October 2021)

"A California Court's Reminder On 'Law Of The Case' Doctrine," Law360 (September 2020)

"LAW OF THE CASE: Application in California Courts," Appellate Insight (August 2020)

"Legal Ethics: Candor to the Courts & Adverse Authority," Appellate Insight (December 2019)

"Persuasive Writing & Footnote Folly," Appellate Insight (August 2019)

“Federal Appeals: What to Know About Panel Rehearings and Rehearings En Banc,” Appellate Insight (March 2019)

See All Publications

Honors

California Lawyers Association, Wiley W. Manuel Pro Bono Legal Services Award (2018–2021)

Professional Affiliations

Executive Committee of the Bar Association of San Francisco's Appellate Law Section

Hispanic National Bar Association, Young Lawyers Division, Region 17 Representative (Northern California and Hawai’i)

The Barristers Club of the Bar Association of San Francisco

San Francisco La Raza Lawyers Association

The National LGBT Bar Association

Judicial Clerkships

Judicial Apprentice to the Hon. Judge Judith L. Meyer, Los Angeles County Superior Court, Long Beach Courthouse

Judicial Extern to the District Chief Judge Jennifer Gee, U.S. Department of Labor, Office of Administrative Law Judges

Academic Distinction

Coach, UC Hastings’ National Immigration Law Moot Court Team

Member, UC Hastings Honor Society

Co-Chair, UC Hastings Moot Court Board

Coach, UC Hastings’ Hispanic National Bar Association Moot Court Team

Education

J.D., cum laude, University of California, Hastings College of the Law (2018)

B.A., magna cum laude, California State University, Long Beach (2014)

Admissions And Courts

California

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. District Court for the Northern District of California

U.S. District Court for the Eastern District of California

Languages

Spanish

San Francisco

415-995-5893 Direct Phone
415-995-3589 Fax

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Firm Leadership

Pro Bono Committee, Member