Michael Grimaldi

Partner

  • location icon Los Angeles, CA
    633 West 5th Street
    Suite 4000
    Los Angeles, CA 90071

Michael Grimaldi is a partner in the Los Angeles office of Lewis Brisbois and a member of the Products Liability Practice. His practice focuses on complex litigation, including class actions, mass torts, and products liability matters. He has developed significant experience in the defense and management of purported class actions and other forms of aggregated litigation for major corporations and other business entities in numerous industries and involving many areas of substantive law.

He regularly defends class action and individual litigation in state and federal courts, including cases involving consumer-protection claims, consumer fraud, nondisclosure, deceptive business practices, false advertising, products liability, privacy claims, data breach litigation, and employment litigation.

These cases regularly include claims for violation of California’s Unfair Business Practices Law (Cal. Bus. & Prof. Code § 17200 et seq.), False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.), Consumers Legal Remedies Act (Cal. Civil Code § 1750 et seq.), Customer Records Act (Cal. Civ. Code § 1798.80 et seq.),California’s Confidentiality of Medical Information Act (Cal. Civil Code § 56.10 et seq.), Song Beverly Consumer Warranty Act (Cal. Civil Code § 1792 et seq.), similar claims under the laws of other states, fraud, breach of express and implied warranty claims, negligence, and unjust enrichment. He has experience defending cases alleging violations of numerous federal statutes such as the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, and the Hobby Protection Act.

Mr. Grimaldi has developed experience as an appellate lawyer and has briefed numerous matters before various state and federal appellate courts.

Representative Experience:

  • Defended dental-implant manufacturer in complaint alleging class claims for declaratory relief, implied indemnity, breach of express and warranty, and a violation of California Unfair Competition Law, California Business and Professions Code §§ 17200, et seq. Drafted opposition to class counsel’s motion for attorney’s fees and then successfully appealed district court’s order awarding attorney’s fees. Drafted the appellate argument that was adopted in a precedential opinion by the Ninth Circuit that the district court's use over the defendants' objection of ex parte, in camera submissions to support its attorneys' fee order violated the defendants' due process rights because an opposing party was entitled to see what attorneys' fees were charged and why, and judicial efficiency could not eclipse the defendants' fundamental right to inspect and challenge these documents. Yamada v. Nobel Biocare Holding AG, 825 F.3d 536 (9th Cir. 2016).
  • Court granted motion for summary judgment of class action complaint alleging numerous warranty claims, products liability, and consumer fraud claims. Elsayed v. Maserati N. Am., Inc., No. SACV1600918CJCDFMX, --- F.Supp.3d ----, 2016 U.S. Dist. LEXIS 144238, 2016 WL 6091109 (C.D. Cal. Oct. 18, 2016). Case involved a remote keyless entry system in certain vehicles that plaintiffs alleged has dangerous defect that can lead to children being locked inside. “The 10 causes of action allege that the [passive entry system’s] failure to unlock the car in these circumstances breaches express warranties, constitutes negligent design and failure to warn, violates implied warranties and violates the California’s Consumers Legal Remedies Act and Unfair Competition law,“ the judge said. “None of these causes of action survive summary judgment,” the court found because the vehicle performed as the automaker said it would in its owner’s manual and other written materials.
  • Court granted Federal Rule of Civil Procedure 12(b)(1) motion to dismiss that made a factual challenge to plaintiff’s standing to sue under Article III of the U.S. Constitution in a data breach class action alleging claims for negligence and violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200; Consumers Legal Remedies Act, Cal. Civ. Code § 1750; and Customer Records Act, Cal. Civ. Code § 1798.80. Demonstrated that the claimed stolen credit card information from a data breach was never collected and that plaintiff’s personal information was never stored on the breached internal-computer system. The court ruled plaintiffs’ allegation that cybercriminals obtained plaintiffs’ personal information through the breach was “factually impossible” and dismissed with prejudice. Foster v. Essex Property Inc., No. 5:14-cv-05531-EJD, 2017 U.S. Dist. LEXIS 8373, 2017 WL 264390 (N.D. Cal. Jan. 20, 2017).
  • Secured dismissal of a rabbinical council that certifies foods as glatt kosher from a consumer-protection class action based on a demurrer raising novel First Amendment issues.
  • Defended a major American footwear company in connection with claims by approximately 740 consumers who claim to have been injured as a result of what they allege are design defects in the footwear, and settled claims on a favorable basis. Won motions for summary adjudication dismissing consumer claims on collateral estoppel grounds against bellwether plaintiffs.
  • Defended numerous putative class actions against automobile manufacturers such as BMW, Hyundai, Honda, and Maserati. Secured dismissal with prejudice at the pleading stage of an automobile manufacturer by making a novel argument that the case is prudentially moot based on a national recall. Cheng v. BMW of N. Am., LLC, 2013 U.S. Dist. LEXIS 107580, 2013 WL 3940815 (C.D. Cal. July 26, 2013).
  • Secured dismissal with prejudice of a government contractor that delivers the personal vehicles of United States military personnel to and from various domestic and international locations with a motion to dismiss raising a standing challenge.
  • Drafted numerous petitions to compel arbitration that were granted and that have been affirmed on appeal.

Legal Experience

  • American Board of Trial Advocates (ABOTA) Fellowship, 2011
  • Hon. John Shepard Wiley, Jr., Los Angeles Superior Court Complex Division, Judicial Extern
  • Equal Employment Opportunity Commission, Alternative Dispute Resolution Unit Law Clerk, 2009
  • UCLA School of Law, Research Assistant, 2010-2012
  • Mentor to UCLA Law students, 2011-Present

Publications

Admissions

California

United States Court of Appeals for the Ninth Circuit

United States District Court for the Northern District of California

United States District Court for the Central District of California

United States District Court for the Southern District of California

Associations

  • Los Angeles County Bar Association
  • American Bar Association
  • Federal Bar Association

Awards & Honors

Order of the Coif

Education

University of California at Los Angeles School of Law

Juris Doctor, 2011

  • Discourse Editor on the UCLA Law Review
  • Order of the Coif

University of Southern California, Marshall School of Business

Bachelor of Science in Business Administration with a Concentration in Leadership Development; Minor in Law and Society, 2008

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