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Admitted to Practice

  • California, 1993
  • U.S. Court of Appeals 9th Circuit, 1993
  • U.S. District Court Northern District of California, 1993
  • U.S. District Court Central District of California, 1999
  • U.S. District Court Eastern District of California, 1999
  • U.S. Court of Appeals Federal Circuit, 2010
  • U.S. District Court Southern District of California, 2014

Joseph E. Addiego III

Addiego IIIJoseph
Partner-in-Charge, San Francisco

Joe Addiego is a seasoned first-chair trial lawyer who focuses on class action defense, computer software and hardware, intellectual property, trade secret, real estate, and energy disputes. Joe has represented technology companies, large corporations, financial institutions, wireless carriers, publishers, power companies, property owners, hospitals, insurers and insureds, government entities, partnerships, and startup companies in a multitude of commercial disputes in both state and federal courts. Joe also has guided many of his clients through binding arbitration. Joe is the co-chair of the firm’s class action subgroup of the litigation practice group.

Representative Experience

Class action defense and counseling regarding automatic renewal law

Defended double digit putative class actions alleging violations of California’s automatic renewal statute (Business & Professions Code § 17602) and related Unfair Competition Law and California Consumer’s Legal Remedies Act claims. Reached favorable individual settlement in one matter after filing motion for summary judgment and completion of briefing on plaintiff’s motion for class certification. (N.D. Cal.) Successfully moved to compel individual arbitration in two matters. (N.D. Cal. and Los Angeles Cnty. (Cal.) Super. Court.) Reached favorable individual settlements pre-filing in other matters. Handling active matter for streaming music service provider.  Provide review and counseling regarding consumer-facing web pages.

Financial services litigation

Defending prominent National Banking Association in multiple mortgage litigation related matters involving HOBR, TILA, RESPA, quiet title, wrongful foreclosure, and the like. Successfully moved to dismiss over 30 cases since late 2015.

Johnson v. Sun West and Proctor Financial, Inc.

Successfully defended insurance intermediary in putative nationwide class action alleging unfair competition claims regarding lender placed flood insurance. The Court granted Proctor’s motion for summary judgment prior to class certification motion practice, finding the subject insurance rate was the lowest competitive market price available and thus reasonable as a matter of law, and striking plaintiff’s expert declaration in its entirety. (Los Angeles Cnty. (Cal.) Super Ct.)

Knowles v. Brown & Brown

Successfully defended insurance agent in putative class action alleging unfair competition claims regarding "ShipCover" insurance offered on The Court granted Brown & Brown’s motion to dismiss, and plaintiff voluntarily dismissed his claims against Brown & Brown, even though he amended the complaint and continued to pursue the case against other defendants. (N.D. Cal. 2013)

Jadeja v. Redflex Traffic Systems, Inc.

Represented nation's largest vendor of automated red-light traffic cameras in California class action in the Northern District of California, where plaintiffs allege that contract between Redflex and California cities violates California's Unfair Competition law. The court granted Redflex's motion to dismiss, and plaintiffs voluntarily dismissed their claims without seeking further amendment. 764 F. Supp. 2d 1192 (N.D. Cal.)

Dispute with software vendor for mortgage insurance company

Represented software customer in a dispute with vendor concerning a custom accounting software project. The case ultimately settled prior to litigation, with the vendor agreeing to fix the software and also implement modifications at no additional cost.

Defense of software implementer

Defending global information technology company in ongoing litigation regarding its implementation of software suite for international foodservice company. (Fresno Cnty. (Cal.) Super. Ct.)

Computer fraud and abuse act and trade secret claims

Defended international bank in claims brought by a competitor for alleged violations of the federal Computer Fraud and Abuse Act, and claims for trade secret misappropriation, breach of contract, breach of fiduciary duty, and conspiracy. The case settled favorably before the hearing on the bank's motion for partial summary judgment was filed but before the hearing on the motion. (N.D. Cal.)

License agreement dispute for major wireless broadband Internet service provider

Pursued breach of license agreement claims on behalf of major wireless Internet company against wireless spectrum owner. Obtained preliminary injunction in U.S. District Court and ultimately settled the case on favorable terms following depositions of spectrum owner’s key personnel. (N.D. Cal.)

Kent Ward v. Equilon Enterprises LLC and Shell Oil Products Company, LLC

Represented Equilon Enterprises LLC and Shell Oil Products Company, LLC in a $14 million premises liability claim stemming from a severe workplace injury that left the plaintiff a quadriplegic. The court ultimately reached a favorable finding on summary judgment that led to a highly favorable settlement for the clients.

Billy Rogers v. Michael Glowner, et al.

Obtained summary judgment in defense of vicarious liability action against Shell Oil Company. Summary judgment was affirmed in full on appeal in an unpublished opinion. 06-01968 (Contra Costa Cnty. (Cal.) Super. Ct.) Read more

Boreski v. Shell Oil Company

Defended Shell in a vicarious liability action. The matter settled on the eve of the trial for a small fraction of plaintiff’s demand following a successful motion to strike all of plaintiff’s experts from testifying at trial. (San Diego Cnty. (Cal.) Super. Ct.)

Premises liability action

Defended an industrial land owner/operator in a premises liability action. The case was settled on very favorable terms after establishing that the plaintiff perjured himself at deposition. (Contra Costa Cnty. (Cal.) Super. Ct.)

Trademark enforcement

Enforced winery’s rights in its internationally renowned brand of pinot noir and pinot gris. Prior to commencement of litigation, the competitor agreed to cease and desist all use of its infringing labels. (N.D. Cal.)

Litigation for independent power producer

Represented independent power producer in binding arbitration against major Southern California utility in dispute arising under 470 MW power purchase agreement.

Richard Morgan v. Enloe Medical Center

Represented a hospital in response to a physician's petition for writ of administrative mandamus, seeking to overturn the hospital board of directors’ revocation of the physician's hospital privileges. The Superior Court denied the writ and granted the hospital its attorneys' fees and costs, finding the physician’s action frivolous. Decision was upheld on appeal in an unpublished opinion. C045373 (Cal. App. 3rd Dist.)

Professional & Community Activities

  • Settlement Conference Officer, San Francisco County Superior Court Mandatory Settlement Conference Program, 2012-present
  • San Francisco Bar Association, 1993-present
  • Alameda County Bar Association, 1993-present
  • American Bar Association, 1993-present
  • Former Secretary and member of the Board of Directors, George Mark Children's House, 2008-2011
  • Former Chair, California State Bar Committee on Federal Courts, 2006-2007
  • Former member, Tournament Host Committee, Stonebrae Classic (Nationwide Tour professional golf tournament), 2008-2010

Professional Recognition

  • Martindale-Hubbell Peer Review Rating: AV® Preeminent™ 5.0 out of 5.0