Suzanne L. Smigliani

Ms. Smigliani is a civil litigator with over 25 years of experience defending individual and corporate clients in state and federal courts throughout Southern California. Ms. Smigliani specializes in the defense of licensed professionals including real estate brokers, agents, inspectors and professional organizations; and the defense of developers, general contractors and subcontractors in complex, multi-party construction defect litigation. In addition, her practice includes the defense of employers in employment-related litigation including claims of wrongful termination, discrimination, harassment, retaliation/whistle-blower, wage and hour violations, ADA violations, class action and PAGA claims. She has extensive experience managing and preparing cases from initial client contact and liability assessment through mediation, arbitration and trial.

Ms. Smigliani is AV Rated Preeminent by Martindale Hubbell for legal ability and ethics and was named as one of San Diego Top Lawyers for her professional excellence and ethical standards.

Notable Representations

Real Estate/Construction Defect Litigation: Successfully defended a commercial roofer in a multi-million dollar subrogation trial in Los Angeles arising out of a commercial roof collapse.

Real Estate Litigation/Fraud/Mold Claims: Defense verdict in favor of clients following four week trial at which plaintiffs were seeking one-half million dollars in damages for alleged fraud, misrepresentation, and failure to disclose mold and other material defects in the sale of real estate; in post trial motions clients were awarded $40,000 in costs.

Real Estate Litigation/Misrepresentation: Defense verdict following arbitration in favor of clients who were developers and sellers of new homes in Indian Wells. Plaintiffs sought rescission and damages for alleged fraud and failure to disclose material facts in the sale of properties to multiple homebuyers. In addition to being cleared of all claims against them, clients were awarded costs incurred during the litigation and arbitration.

Real Estate/Construction Defect Litigation: Defense verdict in favor of realtor clients following a five week arbitration at which plaintiffs were seeking rescission of their purchase of a 3.3 million dollar home and damages for alleged fraud and failure to disclose construction defects; in addition to the finding in their favor on all claims, clients were awarded both costs and attorneys fees incurred during the litigation and arbitration.

Real Estate Errors & Omissions: Defense verdict in favor of realtor clients following a three week trial at which plaintiffs were seeking rescission and damages for alleged fraud and misrepresentation; clients were cleared of all claims against them and awarded costs.

Conspiracy/Fraud/Extortion: Dismissal following protracted litigation in case seeking hundreds of thousands of dollars for alleged civil conspiracy, fraud, extortion and breach of fiduciary duty against real estate agent.

Area of Expertise