Roger M. Rosen received his Bachelor’s Degree from Northwestern University in 1976, with Highest Distinction. He is a 1985 graduate of the University of California at Los Angeles School of Law, where he was a member of the Moot Court Honors Society, was an editor of the Handbook of Appellate Advocacy (West Publishing Co. 2d ed.), and was a Judicial Extern to the Honorable Mariana Pfaelzer, United States District Court, Central District of California, 1984.
Mr. Rosen and his partner Joyce Mendlin were nominated as finalists for Consumer Attorney of the Year by the Consumer Attorneys of California in 2008.
Mr. Rosen and his partner Chuck Rosenberg authored “Suing Anonymous Defendants for Internet Defamation”, published in Los Angeles Lawyer magazine in October, 2001.
Mr. Rosen’s practice areas include business litigation, real property litigation, inverse condemnation and employment law.
A list of representative cases follows.
Business Litigation
- Successfully prosecuted an action for misappropriation of partnership assets of a manufacturing company, including injunctive relief, contempt sanctions and punitive damages, through trial
- Successfully represented a film financier against a film producer on a claim for breach of contract
- Successfully represented various clients in actions to collect on promissory notes
- Successfully represented minority shareholders on claims that majority shareholder was attempting to prevent them from sharing in proceeds of licensing of the corporation’s technology
- Successfully represented an individual on her claim for damages for identity theft
- Successfully represented a physician on a claim against an alleged investor in the physician’s clinics on the grounds that only a licensed physician may own an interest in a medical practice
- Successfully represented an association of milk producers in a dispute about the application of milk pricing regulations
- Successfully represented clients suing accountants for liability related to securities offering
- Successfully represented a real estate broker sued by his clients’ former wife on her claim arising from the refinancing of the broker’s client’s separate property
- Successfully represented architect in claim for fees against homeowner, through arbitration
- Successfully represented real estate salesperson on claim for commission owing to him
Real Property Litigation
- Obtained a judgment for a client for almost $20 million arising out of the breach of an agreement to finance the sale and lease-back of commercial property
- Obtained a judgment for clients for over $1 million arising out of a real estate broker’s failure to record trust deeds to secure clients’ investment
- Successfully represented a property owner against a prospective buyer’s claim for specific performance, by obtaining summary judgment against the prospective buyer, based upon the defense that the persons negotiating the sale on behalf of the owner did not have authority, in writing, to conduct the sale
- Successfully represented a sibling in a case against another sibling for a partition of real property
- Successfully represented client alleged to have breached a contract to purchase a property after he determined that sellers misrepresented the expenses in maintaining the property
- Successfully represented companies on claims for misappropriation of name by former employees
Inverse Condemnation Cases / Claims Against Government Entities
- Successfully represented individual homeowners in numerous cases against public entities for landslide damages
- Successfully represented over forty family homeowners in Carmel, California for claims for flood damages from the Carmel River against public entities and private property owners. Settled with all parties except the County of Monterey and obtained a jury verdict in favor of homeowners against Monterey County.
- Successfully represented over twenty family client-homeowners in claims for flood damage from the San Francisquito Creek against public entities in Santa Clara County
- Successfully represented owner of property in Glendale damaged by landslide caused by drainage off of fire road
Employment Law
- Successfully represented an employee who was wrongfully fired instead of having been given an accommodation for his disability, defeating the employer’s claim that the dispute had to be arbitrated
- Successfully represented restaurant employee clients on their claims for sexual harassment and labor code violations
- Successfully represented an employee on a claim for fraud against her employer
- Successfully represented employees on claims for overtime and other labor code violations
- Successfully represented commissioned employee terminated by employer who sought to avoid liability for commissions earned
Representation for and Against Lawyers
- Successfully represented a law firm in its claims for fees against that law firm’s former client while defeating that law firm’s former client’s claims for legal malpractice
Representation for and Against Construction Contractors
- Successfully represented contractors and subcontractors on their claims for payment, including at trial and in arbitrations
- Successfully defended contractors against subcontractors’ claims for payment, through trial and arbitration
- Successfully prosecuted and defended claims for foreclosure of mechanic’s liens
Intellectual Property Litigation
- Successfully represented a client on a claim that defendant copied the client’s designs on competing products
Tort Litigation
- Successfully represented a property owner against a fraudulent claim for personal injury damages, obtaining summary judgment, affirmed on appeal
- Participated with others in successful representation of numerous injured parties in the Santa Monica Farmers Market litigation, including obtaining appellate reversal of a summary judgment order; the injured parties then obtained over $20 million in settlement
Insurance Coverage Litigation
- Successfully represented a client seeking insurance coverage for a copyright infringement suit brought against that client
- Successfully represented a client in lawsuit for breach of duty to defend client on claims that client, an advertising agency, interfered with competitor’s relationship with a purchaser of advertising services and that client interfered with that competitor’s contracts with competitor’s employees
Procedure
- Successfully argued that the adverse party could not dismiss his case against client on the morning set for the hearing on a motion for summary judgment to avoid liability to the client for attorney’s fees
- Successfully obtained an order transferring the venue of a lawsuit filed by a lawyer against that lawyer’s former client from a distant county to the client’s county of residence
- Successfully obtained an order transferring the venue of a lawsuit for copyright infringement
- Obtained discovery of identity of anonymous poster of defamatory material on the internet
- Obtained ruling that client’s receipt of funds from settlement of tort claims against private party defendants could not be offset against client’s inverse condemnation claims against public entity in the same lawsuit
Education
- University of California, Los Angeles School of Law, Los Angeles, California, 1985 J.D.
- Northwestern University, Evanston, Illinois, 1976 Bachelor of Philosophy, with Highest Distinction
Practice Areas
- Business Litigation
- Real Property Litigation
- Inverse Condemnation
- Employment Law
Bar Admissions
- California, 1985
- U.S. District Court Central District of California, 1985
Published Works
- Handbook of Appellate Advocacy, West Publishing Co., (2d ed. 1986, co-editor)
Honors and Awards
- Finalist for Consumer Attorney of the Year Award by Consumer Attorneys of California, 2008
- Member, UCLA Moot Court Honors Program
Professional Association Memberships
- American Bar Association
- Los Angeles County Bar Association
- Beverly Hills Bar Association
- Consumer Attorneys Association of Los Angeles
- Consumer Attorneys of California