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Admitted to Practice

  • U.S. Supreme Court, 1983
  • California, 1977
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court Northern District of California
  • U.S. District Court Central District of California
  • U.S. District Court Southern District of California

John R. Tate

TateJohn
Partner
Co-chair, Health Care Litigation Group
T213.633.6877
F213.633.6899

John Tate is a commercial trial lawyer who practices extensively in the health care and financial services industries, as well as real estate and insolvency-related litigation. He represents clients on a wide range of claims, including commercial torts, unfair competition, breach of fiduciary duties and creditor’s rights, as well as issues specific to the health care and real estate finance industries.

Representative Experience

Commercial Litigation

People ex rel. City of Irwindale v. Huy Fong Foods, Inc.

Lead trial counsel for Huy Fong Foods in public nuisance action filed by the City of Irwindale over odor complaints allegedly caused by the manufacturing of sriracha sauce. Successful defense included both legal proceeding and actions before the city council. (L.A. Cnty. (Cal.) Super. Ct. 2014)

California Board of Accountancy v. KPMG, etc. et al.*

Served as outside trial counsel for the California Board of Accountancy in an administrative disciplinary action against the accounting firm KPMG, its audit partner, and members of its audit staff for professional errors in their audits of Orange County, Calif., and its investment fund immediately prior to the county's filing for bankruptcy. The administrative trial lasted more than 100 days and resulted in professional disciplinary action against the licenses of KPMG and its audit partner, which was upheld on review. The case represents only the second time that a big five audit firm has been disciplined. (Administrative Hearing, California Department of Consumer Affairs 2000)

Diamond Benefits Life Insurance Co., v. Joint Health Ventures, etc. et al.

Defended two regional hospital systems and their joint venture affiliate in multidistrict litigation against a variety of claims, including federal and state RICO violations, securities fraud, fraudulent conveyance, conversion, and breach of fiduciary duties arising from the sale of a life insurance company that subsequently went into receivership as the result of criminal misconduct by the buyers. Favorable resolution of these claims. 907 P.2d 63 (D. Ariz. 2005) Read more

Morton v. Brown*

Representation of the former senior vice president of the Hard Rock Cafe in a derivative action against Peter Morton for breach of his fiduciary duties as general partner of the master limited partnership owning and operating the individual Hard Rock Cafe restaurants. The action resulted in the sale of Peter Morton's interest in the Hard Rock Cafe to outside interests. (L.A. Cnty. (Cal.) Super. Ct.)

Arizona Conference of Seventh-day Adventists v. Adventist Health System/West, etc. et al.*

Defense of a large health care system and its affiliate through trial against claims by a local church organization pertaining to the governance, transfer and eventual sale of a local hospital and the resulting use of sale proceeds. Settled favorably after seven-day trial. (Maricopa Cnty. (Ariz.) Super. Ct.)

Health Care Litigation

U.S. ex rel. ProTransport-1 LLC v. Kaiser Foundation Health Plan

Obtained early dismissal of False Claims Act and retaliation claims asserted by an ambulance service relator. (N.D. Cal. 2013)

People v. CHA Hollywood Medical Center

Defense of hospital entities charged with violation of California Business and Professions Code § 17200 by the Los Angeles city attorney arising from two alleged incidents of homeless patient 'dumping.' The representation also included defense of the civil action brought by one of the homeless patients. (L.A. Cnty. (Cal.) Super. Ct. 2008)

Enki Health and Research Systems, Inc. v. County of Los Angeles, State of California, et al. and 18 related actions

Chief trial counsel representing 18 mental health providers seeking payment of claims in excess of $18 million for mental health services provided to Short-Doyle/Medi-Cal beneficiaries that were not paid due to defects in the claims processing systems of the state and county. (L.A. Cnty. (Cal.) Super. Ct. Ongoing)

Bernard v. City of Oakland; Martinez v. City of Union City

Prevailed in defense of the California Public Employees' Retirement System in an action by retired firefighters seeking to alter the premium contribution obligations of contracting public agencies under the Public Employees' Medical and Hospital Care Act (California Government Code sections 22751, et seq.). 202 Cal.App. 4th 1563 (2012)

Erin Brockovich v. Sisters of Charity of Leavenworth Health System, Inc.

Defense of two hospital systems in qui tam actions purporting to enforce Medicare's Secondary Payor provisions (42 U.S.C. § 1395y(b)(3)). Plaintiff sought recovery of all Medicare funds paid to treat alleged but unspecified hospital malpractice injuries. The cases were dismissed while on appeal to the 9th Circuit Court of Appeals. (C.D. Cal.)

Nick Marlowe v. Med-Cor Health Information Solutions, etc. et al.*

Defense of three hospitals in litigation brought under California Business & Professions Code Section 17200, et seq., against California hospitals and medical-records copying companies for the alleged violation of state statutes regulating the manner and cost of providing medical records to patients and their counsel. (Alameda Cnty. (Cal.) Super. Ct., S.F. Cnty. (Cal.) Super. Ct.)

Ask-A-Nurse v. Adventist Health System/West, etc., et al.*

Defense of former owner of telephone protocols developed for use by nurses in responding to patient calls against ownership claims by its authors and indemnification claims by subsequent owners. (W.D. Wash.)

Fraud actions against former employee of large regional hospital

Represented large regional hospital in multiple actions arising from theft and kickbacks perpetrated by a former employee and his associates. Obtained judgment and/or settlement against multiple defendants, recovering substantial portion of funds taken. Cooperated with criminal prosecution resulting in conviction of principal participants. (2012)

Defense of national pharmacy chain against pharmacy seller

Represented acquirer of three pharmacies against seller’s claims for breach of sale agreement arising from disputed reimbursement claims. (2010)

Defense of hospital chain arising from failed hospital sale

Defended regional hospital system in litigation disputing responsibility for failure to close the sale of a hospital. Plaintiff voluntarily dismissed case. (2012)

Defense of indemnity claims by former corporate officers

Represented regional hospital system against claims for former officers for reimbursement involving California Labor Code §2802 and California Corporations Code §317 for expenses incurred in legal defense of criminal investigations. (2012)

Promise Hospital of East Los Angeles v. Providence Health System

Defense of hospital in dispute over responsibility for charges incurred by patients transferred under letter of agreement. (2012)

Defense of civil enforcement action alleging wrongful transportation, treatment and billing of indigent patients

Represented regional hospital system charged with violating California Business and Professions Code §17200 by the Los Angeles city attorney arising from allegations of improper patient referrals. (2012)

CHA Hollywood Medical Center v. Kravitz

Represented hospital and skilled nursing facility in successful eviction of patient refusing discharge. (2010)

Real Estate Finance Litigation

Buder v. EMC Mortgage Corp et al.

Defense of lender in action by homeowner over the disbursement of home equity loan proceeds by former loan officer. (Orange Cnty. (Cal.) Super. Ct.)

IndyMac Bank F.S.B. v. various mortgage brokers/bankers

Defense of mortgage bankers and mortgage brokers in more than 40 separate cases involving sub-prime loans filed by IndyMac Bank and the FDIC asserting claims for loan repurchase, loan loss indemnification and professional negligence. These claims have included purported breaches of various representations and warranties and involved a variety of defenses including the applicability and enforceability of IndyMac's Seller/Lending Guide. (L.A. Cnty. (Cal.) Super. Ct., C.D. Cal. Ongoing)

Lippman v. City of Palmdale

Representation of Mello-Roos bondholders seeking to compel distribution of delinquent bond payments. (L.A. Cnty. (Cal.) Super. Ct.)

First Franklin Financial Corp. v. various mortgage brokers/bankers

Defense of mortgage bankers and mortgage brokers in numerous cases involving sub-prime loans filed by First Franklin asserting claims for loan repurchase, loan loss indemnification and professional negligence. BC358562 and 1-06-cv-069771 (L.A. Cnty. (Cal.) Super. Ct., Santa Clara Cnty. (Cal.) Super. Ct. Ongoing)

Pre-Litigation

Pre-litigation representation

Pre-litigation representation of various mortgage brokers and mortgage bankers regarding repurchase, indemnification, professional negligence and related issues arising from the origination of residential loans.
* Denotes experience completed at a prior firm

Additional Qualifications

  • Partner, Litigation Department, Arter & Hadden LLP, 1994-2003
  • Partner, Head of Litigation Department, McDermott & Trayner, 1987-1994
  • Partner, Gendel, Raskoff, Shapiro & Quittner, 1983-1987