How Andrea Helps Clients

Clients rely on Andrea Gauthier’s appellate experience regarding a wide range of substantive law issues, including insurance bad faith and products liability. She has argued before the California Supreme Court and has filed Supreme Court briefs resulting in successful outcomes, including an opinion confirming federal preemption of state tort theories (Carrillo v. ACF Industries, Inc. (1999) 20 Cal.4th 1158) and an opinion overturning a $28 million bad faith punitive damages verdict against a surety (Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28).

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Andrea has focused her practice on appellate litigation at Horvitz & Levy since she joined the firm in 1994. Prior to joining the firm, Andrea was a Litigation Associate with Munger, Tolles & Olson and held a judicial clerkship with the Honorable A. Wallace Tashima of the United States District Court, Central District of California.

Representative Matters

Eisen v. Tavangarian (2019)
California Court of Appeal disagrees with prior decision from the same division, reversing judgment requiring partial demolition of remodeled home.

Jankey v. Lee (2012)
California Supreme Court held that prevailing defendant in disability access action is entitled to mandatory award of attorney fees.

Ray v. Kapiolani Medical Specialists (2011)
Hawaii Supreme Court overturned a $4,525,000 medical malpractice judgment.

Advanced Bionics v. Medtronic, Inc. (2002)
California Court of Appeal overturned a trial court’s order enjoining a proceeding in another state based on principles of comity and judicial restraint.

Saelzler v. Advanced Group 400 (2001)
California Supreme Court limited landowner liability for third party intentional torts.

Safeco Ins. Co. v. Robert S. (1999)
California Supreme Court reaffirmed the validity of liability policy exclusions for criminal acts while rejecting as ambiguous an exclusion for illegal acts.

Carrillo v. ACF Industries, Inc. (1999)
California Supreme Court confirmed federal preemption of state tort theories, overturning a $1.4 million judgment on the basis that plaintiff’s claims were preempted by the federal Safety Appliance Act.

Cates Construction, Inc. v. Talbot Partners (1999)
California Supreme Court overturned a $28 million bad faith punitive damages verdict against a surety.

Education

• Harvard Law School
  J.D., magna cum laude, 1990
• Harvard College
  A.B., summa cum laude, 1987

Clerkships

• Hon. A. Wallace Tashima, U.S. District Court, Central District of California (1990-1991)

Bar Admissions

• California
• Hawaii
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Tenth Circuit
• U.S. District Court, Eastern District of California
• U.S. District Court, Central District of California

Awards

• Super Lawyers (2012-2018)

Publications

• Appeals, Writs and Post-Trial Motions (Cal. State Bar, Lit. Section, July 2006) 2005 California Litigation Review