Bernard M. Resser is an accomplished trial lawyer and former federal prosecutor, applying over 25 years of experience to deliver innovative trial techniques to a diverse and sophisticated clientele. His practice encompasses litigation in the areas of real estate, business, intellectual property, competitive business practices, creditors' remedies, insurance and local government contracts.
Bernie's unique and effective use of state-of-the-art trial presentation methods has been featured in the National Law Journal and on the Law.com website, and his successes have been covered by the Los Angeles Times and the Los Angeles Daily Journal. He is active in the community, having served on the boards and as an officer of non-profit organizations, including as president. Bernie and his wife of over 26 years have two children.
Notable Results:
- Won Summary Judgment against 40 individual plaintiffs and defeated motion for class certification in case involving a nine figure planitiffs' demand against owner of 350 unit apartment complex in Santa Monica, CA. Obtained dismissal of alleged claims for breach of implied warranty of habitability, public nuisance, fraudulent concealment, negligence, and unfair business practices and all class claims in Complex Los Angeles Superior Court action.
- Won Special Motion to Strike lawsuit alleging age discrimination and Unfair Business Practices by radio network and radio talk show host based on First Amendment rights of network and host; recovered award of attorneys' fees; dismissal upheld on appeal in published opinion including award of attorneys' fees.
- Won $1,700,000 breach of contract judgment after two week Superior Court jury trial involving two of the nation's largest real estate developers; won appeal in which judgment was affirmed in full and review was denied in the California Supreme Court; collected $2,000,000 judgment and interest after appeals were denied.
- Won emergency order - writ of possession and successfully resolved case for Madison Avenue media and advertising company in contract action against company represented by Johnny L. Cochran, Jr. and Carl Douglas of "O.J. Dream Team" fame.
- Successfully resolved $11,500,000 dispute over the purchase price of a 350 unit apartment complex through binding mediation between client, one of nation's largest pension funds, and leading real estate developer/manager.
- Won summary judgment in Superior Court for financial institution on title issue establishing validity and priority of security for $3,100,000 shopping center loan.
- Successfully resolved real property dispute for a leading media company over alleged right to restrict aerial access to giant wall mural in downtown Los Angeles overlooking Staples Center.
- Won expungement of lis pendens that was preventing sale or refinancing of client's apartment complex and obtained order for recovery of all attorneys' fees, leading to dismissal of action by plaintiff and financial settlement.
- Won $2,500,000 compensatory and punitive damages judgment in securities and fraud case against Beverly Hills business manager; won appeal and collected judgment from funds held in Swiss bank.
- Won Federal Court trial enforcing settlement agreement and dismissing $75,000,000 underlying claim against OEM automotive parts manufacturer; won appeal in Ninth Circuit Court of Appeals affirming judgment; recovered attorneys' fees at trial and on appeal.
- Won reversal of dismissal in Court of Appeal and co-tried jury trial on remand against major insurance company in insurance coverage/bad faith case; jury returned verdict in first phase of trial in 45 minutes, leading to confidential settlement.
Reported Cases:
- Ingels v. Westwood One, 129 Cal.App.4th 1050 (2005)
- TH & T Int'l v. Elgin Indus. 2000 US App Lexis 8514 (9th Cir. 2000)
- Hobbs v. Weiss, 73 Cal.App. 4th 7 (1999)
- Paul v. State Farm, 193 Cal.App.3d 2 (1987) (depublished without change by Supreme Court)
Court Admissions:
- All state and federal courts in California
- Ninth Circuit Court of Appeals
Lectures:
- MCLE Faculty Lecturer: "Company Assets, Confidential Information and the Mobile Employee," Newport Beach
Awards & Recognition
- Martindale Hubbell "AV" Rated
- "Super Lawyer" in Business, Real Estate, and Intellectual Property Litigation, Law & Politics, 2007
- "Super Lawyer" in Business Litigation, Law & Politics, 2005, 2006, 2008 and 2009
- Leading Plaintiffs' Lawyer in lawdragon 3000 Guide, 2007
- Five dragons (highest rating), lawdragon
Memberships & Community Involvement
- Los Angeles County Bar Association, Real Estate Section, Member
- American Bar Association, Litigation Section, Member
- Association of Business Trial Lawyers, Member
- State Bar of California, Member
- Los Angeles Superior Court, Former Judge Pro Tem
- Million Dollar Advocates Forum of Top Trial Lawyers in America, Member
- Kehillat Israel, Pacific Palisades, CA, President of the Board of Trustees

