Michael Simmonds (Retired)
Simmonds & Narita LLP
44 Montgomery Street, Suite 3010
San Francisco, CA 94104
Direct Dial: (415) 283-1001
Facsimile: (415) 352-2625
Michael Simmonds focused on litigation, including financial services litigation, trust and probate litigation, insurance coverage litigation on behalf of policyholders, and unfair competition (including litigation alleging unfair business practices and false advertising). He had over twenty-six years of experience in successfully prosecuting and defending a wide variety cases on behalf of national banks and other financial institutions, small businesses and individuals. Mr. Simmonds had substantial experience in prosecuting and defending class actions and representative actions in both state and federal courts. He tried jury and bench trials in courts throughout California and in other states, and he handled many arbitrations before the American Arbitration Association and the National Association of Securities Dealers.
Mr. Simmonds graduated with honors from Stanford University in 1976 with a Bachelor of the Arts degree in History. He obtained his law degree in 1980 from the University of California, Hastings College of the Law, where he graduated Order of the Coif. He was elected to the Thurston Society, was as an Associate Editor on the Hastings Law Journal, and was privileged to work for Justice Mathew Tobriner of the California Supreme Court in 1979. He was a member of the Bar of the State of California, including the Trusts and Estates Section, and was admitted to practice before all of the District Courts of California, the Ninth Circuit Court of Appeals, and the United States Supreme Court.
Financial Services Litigation
- Defense of finance company in purported TILA and FCRA class action
- Defense of debt buyer in FDCPA class action
- Defense of national bank in AAA arbitration in Los Angeles arising out of alleged wrongful termination of a co-brand credit card relationship.
- Defense of national bank in representative action alleging unfair business practices and false advertising in regards to secured credit card offerings; judgment for bank after trial.
- Defense of national bank in class action alleging unfair credit card collection practices; case voluntarily dismissed while motion for summary judgment pending.
- Defense of bank in nationwide class action alleging that bank’s payment posting practices violated Truth In Lending Act (TILA).
Trust and Estates Litigation
- Recovery of $1.5 million on behalf of developmentally disabled woman on support claims against the estate and trust of her deceased father; case settled during bench trial.
- Representation of trust beneficiary against trustee for breach of trust and fraud.
- Representation of family members in conservatorship proceedings.
- Representation of various business entities in claims and litigation against insurance companies seeking coverage for defense costs and insured losses, including significant work for a large national bank, small to medium-sized businesses and professional firms, involving such diverse areas as environmental contamination, trademark infringement, professional errors and omissions, and advertising injury.
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