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Brittany Bartold Sutton

Partner

Brittany Bartold Sutton is a partner in the San Diego office of Lewis Brisbois and a member of the Appellate Practice. Her practice focuses on civil appeals, writs and administrative mandamus matters. Mrs. Sutton is admitted to practice before all the courts in California and various federal courts, including the United States Court of Appeals, Ninth Circuit. Mrs. Sutton's appellate cases include medical malpractice, long-term care, products liability, general liability, professional liability, employment law, toxic tort and environmental law, bankruptcy, workers’ compensation, business law and contracts. In addition, Mrs. Sutton provides strategic advice to clients and trial counsel with respect to significant trial court motions and post-trial matters where an appellate challenge is anticipated.

Prior to passing the bar, Mrs. Sutton was a law clerk at Lewis Brisbois where she drafted various trial briefs, memoranda, and motions, and assisted in trial preparation and in drafting appellate briefs.

After her second year of law school, Mrs. Sutton was a law clerk at a construction defect law firm. Mrs. Sutton drafted and responded to discovery, drafted settlement agreements and memoranda on various civil issues, assisted in expert witness retention and designation and in trial preparation including drafting exhibit and witness lists, jury instructions, and motions in limine.

After her first year of law school, Mrs. Sutton was a judicial extern to Judge Florence-Marie Cooper of the United States District Court for the Central District of California. Mrs. Sutton drafted memoranda and orders on a variety of civil and criminal issues, observed various in-court proceedings, completed jurisdiction checks on new cases and made oral presentations to the judge.

During college, Mrs. Sutton was also a legal intern to Judge Bert Glenon Jr. and Judge Randy Rhodes of the Van Nuys Superior Court and to Judge Jerold S. Cohen of the Workers’ Compensation Appeals Board.

Publications

  • Author, Vincent S. Dalsimer Moot Court Problem 2010, judged by Nicholas Phillips, the President of the Supreme Court of the United Kingdom
  • Assisted Dr. Robert J. Meadows in writing the fourth edition of his book “Understanding Violence & Victimization”

Published Opinions

  • Western Bagel Co. Inc. v. Superior Court (2021) 66 Cal.App.5th 649 (Arbitration)
  • Floyd v. Am. Honda Motor Co. (9th Cir. 2020) 966 F.3d 1027 (Class Actions)
  • Lamps Plus, Inc. v. Varela (2019) 139 S.Ct. 1407 (Class Actions)
  • Cochrum v. Costa Victoria Healthcare, LLC (2018) 25 Cal.App.5th 1034 (Long-Term Care)
  • Williams v. Atria Las Posas (2018) 24 Cal.App.5th 1048 (Arbitration)
  • Hot Rods, LLC v. Northrop Grumman Systems Corp. (2015) 242 Cal.App.4th 1166 (Contract)
  • Barker v. Fox & Associates (2015) 240 Cal.App.4th 333 (Anti-SLAPP)
  • Rader v. Brady (2013) 212 Cal.App.4th 697 (Anti-SLAPP)
  • Howard v. Omni Hotels Management Corp. (2012) 203 Cal.App.4th 403 (General Liability)
  • Maxton v. Western States Metals (2012) 203 Cal.App.4th 81 (Products Liability)

Representative Cases

  • Flores v. Meallet (Mar. 11, 2022, B304139) [nonpub. opn.] (California: Court affirmed dismissal of plaintiff’s case because plaintiff did not introduce any expert opinion testimony at trial and failed to designate an expert in compliance with the discovery procedures.)
  • Western Bagel Co. Inc. v. Superior Court (2021) 66 Cal.App.5th 649 (Arbitration: Court reversed trial court order granting arbitration on a non-binding basis and ordered binding arbitration under the terms of the parties’ arbitration agreement.)
  • Ochoa v. T.M. Duche Nut Co., Inc. (Nov. 23, 2020, F04947) [nonpub. opn.] (General Liability: Court affirmed summary judgment in favor of defendant in plaintiffs’ wrongful death action.)
  • Floyd v. Am. Honda Motor Co. (9th Cir. 2020) 966 F.3d 1027 (Class Actions: Court held that the Class Action Fairness Act may not be used to evade the specific numerosity requirements of the Magnuson-Moss Warranty Act.)
  • Elliott v. Connect the Dots, Inc. (Apr. 2, 2020, B290888) [nonpub. opn.] (Personal Injury: Court reversed judgment in favor of plaintiff after a jury trial concluding that the trial court erred in refusing to instruct the jury on the primary assumption of risk doctrine.)
  • Baisden v. Bowers (F076662, Nov. 21, 2019) [nonpub. opn.] (Anti-SLAPP Cases: Court affirmed order granting defendants’ anti-SLAPP motion in an action arising out of complaint filed with the California Board of Accountancy.)
  • Baum v. City of Thousand Oaks (B288957, Sept. 24, 2019) [nonpub. opn.] (Governmental: Court affirmed judgment following trial court’s order sustaining defendants’ demurrer to plaintiff’s complaint without leave to amend because defendants did not have a mandatory duty to capture and impound a Rottweiler.)
  • Junaid v. Rady Children’s Hospital (D072767, Sept. 19, 2019) [nonpub. opn.] (Appellate Procedure/Employment: Court affirmed summary judgment in favor of defendants and dismissed plaintiff’s appeal in an employment action because plaintiff failed to provide a full and complete appellate record, citations to the record and legal authority and analysis.)
  • Lamps Plus, Inc. v. Varela (2019) 139 S.Ct. 1407 (Class Actions: Court reversed order granting class arbitration and held that courts may not compel classwide arbitration based on an arbitration agreement that is ambiguous whether the parties agreed to arbitrate on a class basis.)
  • Golin v. San Andrea Regional Center (Mar. 26, 2019, A145752) [nonpub. opn.] (General Liability: Court affirmed judgment in favor of defendant after a three-week jury trial in plaintiffs’ action for violation of 42 U.S.C. § 1983.)
  • Williams v. Atria Las Posas (2018) 24 Cal.App.5th 1048 (Arbitration: Court reversed order denying defendant’s petition to compel arbitration because an integration clause in the admissions agreement did not preclude proof of the arbitration agreement.)
  • Cochrum v. Costa Victoria Healthcare, LLC (2018) 25 Cal.App.5th 1034 (Long-Term Care: Court affirmed JNOV in favor of defendants on plaintiffs’ elder abuse cause of action because there was no substantial evidence that defendants acted recklessly.)
  • Hua v. The Regents of the University of California (Apr. 11, 2018, E065198) [nonpub. opn.] (General Liability: Court affirmed grant of summary judgment in favor of defendant on plaintiff’s negligence, premises liability and dangerous condition of public property causes of action.)
  • Foglia v. Moore Dry Dock Co. (March 8, 2018, A142125) [nonpub. opn.] (General Liability: Court affirmed grant of summary judgment in favor of defendant on plaintiffs’ wrongful death claim based on the allegation that the decedent developed mesothelioma after secondary exposure to asbestos brought home by his father.)
  • DeLoof v. Ace Hardware Corp. (Mar. 2, 2017, B265886) [nonpub. opn.] (General Liability: Court affirmed grant of summary judgment in favor of defendant manufacturer concluding that plaintiffs had not and could not reasonably produce evidence showing exposure to an asbestos-containing product manufactured by defendant.)
  • J.K. Residential Services Inc. v. Superior Court (Apr. 14, 2016, B243539) [nonpub. opn.] (Employment: Court reversed trial court order denying defendant’s petition to compel arbitration agreement because arbitration agreements were not unconscionable.)
  • Stiglmier v. Santa Barbara Community College District (B261296, Nov. 16, 2016) [nonpub. opn.] (Appellate Procedure: Court dismissed appeal in a student’s suit alleging his personal information was improperly shared because the plaintiff did not timely file his appeal.)
  • Barker v. Fox & Associates (2015) 240 Cal.App.4th 333 (Anti-SLAPP: Court reversed trial court order denying defendants’ anti-SLAPP motion since plaintiff’s defamation and IIED causes of action arose out of protected activity and plaintiff did not establish a probability of prevailing on his claims.)
  • Bae v. BMW of North America, LLC (Aug. 19, 2015, G049547) [nonpub. opn.] (Class Actions: Court granted defendants’ motion to dismiss the appeal concluding that a class action settlement barred plaintiff’s claims.)
  • Martinez-Luna v. TCI International, Inc. (Nov. 20, 2014, D064081) [nonpub. opn.] (Breach of Contract: Court of Appeal held that the trial court properly granted summary judgment in defendant’s favor on plaintiff’s breach of oral contract cause of action because the undisputed evidence established that the parties did not enter into a sufficiently definite and certain agreement.)
  • Rancho Palo Verde Homeowners Association v. Coffman (Sept. 18, 2014, D063135) [nonpub. opn.] (Homeowner’s Association: Court affirmed judgment of dismissal in favor of defendants entered after trial court sustained defendants’ demurrer without leave to amend on plaintiff’s declaratory relief cause of action since defendants were not parties to the contract between the homeowners’ associations and did not have any rights or duties under the contract.)
  • Gidding v. Salama (June 10, 2014, A136071) [nonpub. opn.] (Settlement Contract: Court affirmed judgment of dismissal following the trial court’s order granting defendants’ motion for reconsideration to enforce the parties’ settlement agreement because the settlement agreement unambiguously demonstrated the parties’ intention that only the signatures of the settling parties, and not their attorneys, were required for the agreement to be enforceable.)
  • R City v. Security Building Loft Partners (Apr. 25, 2014, B246119) [nonpub. opn.] (Commercial Lease: Court affirmed judgment in favor of defendants based on the trial court’s grant of summary adjudication on plaintiff’s claims for intentional and negligent interference with economic relations and a directed verdict against plaintiff on its remaining claims for conversion, theft, and negligence.)
  • Suh v. Cardenas (Apr. 14, 2014, 2014, C075783) (Employment/Discovery Writ: Suggestive Palma notice issued in case involving petitioner’s assertion of the Fifth Amendment privilege against self-incrimination.)
  • Cunningham v. Rady Children’s Physician Management Services, Inc. (Sept. 11, 2013, D060820) [nonpub. opn.] (Employment: Court affirmed summary judgment since plaintiff was an at-will employee who could be terminated at any time without cause and workers’ compensation provided the exclusive remedy for plaintiff’s alleged emotional distress.)
  • Molina Healthcare, Inc. v. Superior Court of Los Angeles County (July 16, 2013, B249667) (Employment: Alternative writ issued regarding order granting plaintiff’s motion to compel further responses to requests for production of documents that sought confidential and private information including Human Resources investigations containing employee personnel information and discipline of third party employees. Trial court complied with the writ and vacated the order.)
  • Petitioner v. Medical Board of California (July 10, 2013, Sacramento Superior Court) (Administrative: Superior Court granted a petition for writ of administrative mandamus in an action against the Medical Board of California directing the Medical Board to vacate its decision imposing discipline on petitioner’s license, and remanding the matter for a new evidentiary hearing before a different Administrative Law Judge.)
  • Tindell v. Shaw (June 13, 2013, C068453) [nonpub. opn.] (Real Estate Agent Liability: Affirmed judgment of dismissal following trial court’s order sustaining defendants’ demurrer to plaintiffs’ fraud causes of action without leave to amend.)
  • Ibanez v. S&S Worldwide Inc. (May 20, 2013, B238269) [nonpub. opn.] (Products Liability: Affirmed summary judgment in a products liability case involving claims of successor liability.)
  • Rader v. Brady (2013) 212 Cal.App.4th 697 (Anti-SLAPP: Court affirmed order striking section 1983 claim under the anti-SLAPP statute in case involving a report of child abuse.)
  • Pinkney v. Lighthouse Health Center (Dec. 11, 2012, B231630) [nonpub. opn.] (Long-Term Care: Summary judgment affirmed in full in an elder abuse and wrongful death case.)
  • Grose v. Wedeking (Nov. 7, 2012, A136711) [nonpub. opn.] (Writ/Contempt: Petition for writ of prohibition granted in contempt action.)
  • DeFehr v. E-Escrows, Inc. (July 2, 2012, B229603) [nonpub. opn.] (General Liability: Affirmed judgment sustaining demurrer sustained without leave to amend in plaintiff’s creditor’s action.)
  • Escamilla v. Menlos (Apr. 27, 2012, Los Angeles Superior Court No. TC024386) (General Liability: Trial court granted motion for new trial in personal injury case.)
  • Baxter v. Riverside Community College District (Apr. 3, 2012, E052406) [nonpub. opn.] (Administrative: Petition granting reinstatement to plaintiff’s teaching position reversed.)
  • Howard v. Omni Hotels Management Corp. (2012) 203 Cal.App.4th 403 (Personal injury: Motion for new trial reversed and summary judgment directed in favor of defendant Omni in a personal injury case involving an alleged slip-and-fall in a hotel bathtub.)
  • Maxton v. Western States Metals (2012) 203 Cal.App.4th 81 (Products liability: Raw material supplier defense applied as a matter of law to suppliers of raw metals where metals give off toxic dust that causes lung disease when metals are cut, sanded, ground, etc.)
  • Stone v. Hot Dogger Tours (Aug. 15, 2012, B228603) [nonpub. opn.] (General Liability: Judgment after jury trial affirmed in personal injury action.)
  • Del Rosa Villa, LLC et al. v. The Superior Court (Nov. 17, 2011, E054583) [nonpub. opn.] (Long-Term Care: Court of Appeal issued a peremptory writ directing the superior court to set aside its order granting discovery of financial information.)

Admissions

  • State Bar Admissions
    • California
  • United States District Courts
    • United States District Court for the Central District of California
  • United States Courts of Appeals
    • United States Court of Appeals for the Ninth Circuit

Admissions

California

United States Court of Appeals, Ninth Circuit

United States District Court, Central District of CA

Awards & Honors

  • Computer-Assisted Legal Instruction Award for Civil Procedure I
  • Computer-Assisted Legal Instruction Award for Civil Procedure II
  • Computer-Assisted Legal Instruction Award for Contracts II
  • Computer-Assisted Legal Instruction Award for Evidence
  • Witkin Award for Academic Excellence in Evidence
  • Phi Delta Phi

Education

Pepperdine University School of Law

Juris Doctor and Certificate in Dispute Resolution, magna cum laude, 2010.

  • Order of the Coif
  • Moot Court Board
  • Dean’s List Every Semester

California Lutheran University

Bachelor of Science, Criminal Justice and Bachelor of Science, Psychology, summa cum laude with university, department, and highest honors, 2007.

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