Tracy D. Forbath


Tracy Diana Forbath 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. Ms. Forbath is admitted to practice before all the courts in California. Ms. Forbath's appellate cases include general liability, professional liability, medical malpractice, elder law, employment law, products liability, toxic tort and environmental law, business law and contracts. Additionally, Ms. Forbath 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.

Previously, Ms. Forbath was an associate at a civil defense firm with offices in Orange County and San Diego where she litigated professional liability pertaining to architects and engineers, construction defect and employment law matters. 

While attending law school at the University of San Diego, Ms. Forbath was a judicial extern for Presiding Justice Kathleen O'Learly of the Court of Appeals, Fourth District, Division Three and served as a law clerk for the United States Attorney General's Office and the Office of the Public Defender. Ms. Forbath was also Professor Roy Brook's research assistant during which time she contributed research and community investigation for a paper on the International Redress Movement.


  • 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



USDC for Central District of California

Ninth Circuit Court of Appeals


  • San Diego Appellate Inn of Court 
  • San Diego Bar Association, Appellate Group

Awards & Honors

  • CALI Excellence for the Future Award in Law and Literature
  • Paul A. McLennon, Sr., Honors Moot Court Competition; Alumni Moot Court Competition


University of San Diego, School of Law

Juris Doctor, 2013

University of California, Los Angeles 2010
  •  Bachelor of Arts in Philosophy, Minor in Art History

Representative Matters

  • Corlisa Lay v. Spring Valley Post Acute, LLC (E071125, Jan. 10, 2020) [nonpub. opn.] (Employment: Court reversed order denying defendant's petition to compel arbitration concluding trial court's interpretation of the arbitration agreement was incorrect.)
  • Susan Rogers v. Ridgecrest Regional Hospital (F076751, Dec. 12, 2019) [nonpub. opn.] (General liability: Court affirmed judgment in favor of defendant after its demurrer was sustained without leave to amend on the basis the litigation privilege applied and was a complete bar to liability under the Confidentiality of Medical Information Act.)
  • Elizabeth B. Green et al., v. Life Generations Healthcare, LLC (H044624, Dec. 6, 2019) [nonpub. opn.] (Elder care law: Court affirmed judgment in favor of defendant after its demurrer was sustained without leave to amend on res judicata grounds.)
  • Mitchell Anthony Productions, LLC v. Brooklyn Lavin et al. (B284244, Sept. 9, 2019) [nonpub. opn.] (Corporate and breach of contract: Court affirmed judgment in favor of defendants after their demurrer was sustained without leave to amend on res judicata grounds.)
  • M.O., JR., a Minor, etc., et al. v. Palomar Health (D074410, April 15, 2019) [nonpub. opn.] (Medical malpractice: Court affirmed judgment in favor of defendant following motion for summary judgment granted due to lack of vicarious liability.)
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