Mr. Cvitanovic is a partner in the Professional Liability Practice Group, the Risk Management & Insurance Law Practice Group and the Product Liability Practice Group. Located in the San Francisco office, Mr. Cvitanovic has experience in the areas of professional liability, commercial litigation, construction law, real estate law, insurance insolvency, mass tort litigation, and personal injury litigation. Mr. Cvitanovic has jury trial experience as lead counsel and continues to effectively assist his clients in resolving disputes by way of mediation, arbitration or trial in both state and Federal court. Mr. Cvitanovic has experience with the AAA arbitration rules in general, and the commercial and construction law rules in particular, in large cases involving three arbitrators and other cases with a single arbitrator.
With his professional liability practice, Mr. Cvitanovic has represented clients that include attorneys, insurance brokers, homeowners' associations, engineers, podiatrists, dentists, psychiatrists, skilled nursing facilities and vocational rehabilitation consultants. Within the context of representing attorneys, Mr. Cvitanovic has experience representing attorneys and law firms on an array of complex issues from conflicts of interest and fee disgorgement to cases in which the underlying matter involved immigration law or family law. Mr. Cvitanovic has obtained summary judgment at the state and Federal level for attorney clients on issues involving conflicts of interest and breach of duty in the context of legal services provided by an immigration lawyer. Mr. Cvitanovic has represented insurance brokers on cases involving ERISA law. Mr. Cvitanovic continues to counsel common interest communities on matters pertaining to the enforcement of the community governing documents and conflicts of interest issues relating to association board members. In the medical field, he has represented podiatrists, dentists, and psychiatrists in malpractice cases and skilled nursing facilities in elder abuse litigation.
Mr. Cvitanovic has experience in the area of commercial litigation, including matters involving breach of contract or interference with contract, claims arising under Business & Professions Code §§17000, 17200 or 17500, and claims involving franchise law. In a jury trial in August 2002, Mr. Cvitanovic successfully obtained a directed verdict on a claim arising under Business & Professions Code § 17200 and successfully defended the remaining claims, eventually obtaining judgment for the client.
In the area of construction law, Mr. Cvitanovic has assisted clients on matters involving delay and impact claims, stop notices, compliance with the Public Contracts Code, and construction defect law. Mr. Cvitanovic has represented subcontractors, general contractors and developers in litigation involving construction defects and is the author of the article "Building Toward Reform- SB 800 Sets New Rules for a Troubled Industry" which appeared as a supplemental to the San Francisco Recorder in April 2003.
In the area of insurance insolvency, Mr. Cvitanovic represented the trustees of liquidating trust for a former California insurer in over a dozen individual proof of claim proceedings under the California Insurance Code § 1010 et seq. In the course of the liquidation proceedings, Mr. Cvitanovic successfully argued two appeals for the respondent liquidating trust on issues concerning false advertising under Business & Professions Code § 17500 and whether an insurance policy excluding coverage for sexual harassment applied to a sexual assault on a coworker.
Mr. Cvitanovic has worked on several class action lawsuits including General Chemical, ABS Pipe and Hoeffner v. Viera Flying Service and has worked on a multitude of personal injury cases involving catastrophic injuries. In one case filed as a class action, but never certified, Mr. Cvitanovic obtained summary judgment in favor of a local housing entity on a claim by former tenants that they were due interest on security deposits. However, under the San Francisco Administrative Code, interest need not be paid if the rent was assisted or subsidized by a government agency. Summary judgment was granted because the housing entity received a low interest loan from the California Department of Community Housing and Development to remodel the rental units, which qualified as a rent subsidy.
