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Gerard M. Mooney

T: (714) 338-1857

Mr. Mooney is Chair of the Appellate Practice Group and a partner in the Trial Section of Rutan & Tucker, where his areas of practice include business and real estate litigation and appellate matters in both state and federal courts. He has significant experience in Anti-SLAPP motions on both trial and appellate levels. Mr. Mooney also has handled several emergency petitions for writ review to California’s Courts of Appeal.

Areas of Expertise

  • Business Litigation
  • Real Estate Litigation
  • Appellate

Recent Representative Matters

  • Represented sub-escrow company in litigation brought by lender concerning refinance of real property that resulted in erroneous release of lender’s deed of trust on property; obtained complete reversal in Court of Appeal of judgment previously entered against client and order for entry of judgment in favor of client on all claims.
  • Represented behavioral health management company in multi-year litigation concerning dispute over client’s acquisition of assets, including contracts to provide behavioral health services; obtained favorable decision for client at trial.
  • Represented on-line mortgage banker in litigation involving false statements about client made on website maintained by client’s competitor; obtained substantial judgment in client’s favor.
  • Represented accountancy firm and principals in dispute brought by former partner upon dissolution of partnership; obtained pre-trial settlement on terms favorable to clients.
  • Represented law firm and attorneys in series of lawsuits filed against clients alleging malicious prosecution; achieved early dismissals and attorneys’ fees awards to clients in all lawsuits pursuant to successful Anti-SLAPP motions, and obtained affirmance of all dismissals and fee awards on appeal.
  • Represented web content developer in malicious prosecution action filed against client by former business associate; achieved early dismissal and attorneys’ fees award to client pursuant to successful Anti-SLAPP motion.
  • Represented property developer in dispute concerning opposing party’s breach of real property purchase and sale contract; obtained early summary judgment in arbitration and award of attorneys’ fees to client.

Recent Publications

  • "Important Legal Effects of California Short-Form Mergers," Law360, September 2014
  • "Lenders, Debtors & Guarantors: Who Gets Their Way in the Foreclosure Fray?" Western Real Estate Business, May 2011

Recent Presentations

  • "Lessons Learned from Litigating the Business Fraud Case," In-House MCLE Series, May 2015
  • "Appellate Practice Tips for Trial Lawyers" South Orange County Bar Association, September 2013

Memberships & Associations

  • American Bar Association
  • Orange County Bar Association
  • Board of Directors, Junior Achievement of Orange County (which educates young people in elementary through high school about business, economics, and free enterprise)