SUMMARY
Ernie Chen is a trial attorney at the firm’s San Diego office. Mr. Chen’s practice primarily focuses on professional liability, public entity liability, construction law, employment law, general liability, product liability, general business litigation, and commercial transactions. His practice includes the defense of design professionals, such as, architects and engineers, as well as the defense of counties, cities, sheriffs, police officers, and other public employees. Mr. Chen has defended claims for breach of contract, negligence, fraud, insurance bad faith, personal injury, and wrongful death.
Mr. Chen received his Bachelor of Arts Degree from the University of California, Irvine and his Juris Doctor from the University of San Diego School of Law. While in law school, Mr. Chen was a member of the school’s National Appellate Moot Court Team and a member of the San Diego International Law Journal. Mr. Chen also held internships at the United States District Court for the Southern District of California in the chambers of the Honorable Bernard G. Skomal and at the California Court of Appeal, Fourth District, Division One for Justice Terry B. O’Rourke.
EXPERIENCE
- Motion for Summary Judgment Granted on Behalf of Physician: Mr. Chen represented a cardiac electrophysiologist against allegations that his client rendered negligent medical care. The plaintiff rejected Mr. Chen’s statutory offer to compromise and was unwilling to mediate. Mr. Chen filed a motion for summary judgment, contending both that his client’s actions adhered to the applicable standard of care and that his client’s actions did not cause or contribute to the plaintiff’s injuries. After briefing and oral argument, the Judge agreed with Mr. Chen and dismissed the entire complaint. Through post-ruling negotiations, Mr. Chen was able to obtain a waiver of the plaintiff’s right to appeal, bringing full and complete closure for his client.
- Motion to Dismiss Granted in Favor of Business: Mr. Chen represented a corporation in a wrongful death case arising out of a slip-and-fall occurring on his client’s property. Despite limited discovery and evasive tactics by the opposing party, Mr. Chen was able to obtain monetary sanctions and an order dismissing the complaint for the plaintiff’s failure to prosecute her claims.
- Arbitration Award Obtained for Business Broker: Mr. Chen represented a business broker in a breach of contract dispute involving the sale of a business. After participating in a three-day arbitration involving various parties and witnesses, Mr. Chen helped his client achieve a seven-figure award representing a full recovery of his client’s contractual broker fee.
- Successfully Negotiated Dismissal on behalf of Acute Care Hospital: Mr. Chen represented a hospital in a wrongful death case arising out of claims that his client failed to adequately screen a patient seeking emergency medical treatment. Mr. Chen argued motions in limine rulings resulting in favorable evidentiary rulings. Before voir dire, Mr. Chen helped negotiate a complete dismissal on behalf of his client.
- Demurrer Sustained in Favor of Physician: Mr. Chen represented an orthopedic surgeon against allegations of fraud and violation of Unfair Competition Law arising out of his client’s role as a physician reviewer in the plaintiff’s separate workers’ compensation claim. Mr. Chen demurred to all causes of action and sought an order striking the plaintiff’s prayer for attorneys’ fees and costs. After several rounds of briefing and oral argument, Mr. Chen was able to convince the judge to sustain his demurrer without leave to amend, grant his motion to strike, and dismiss all claims against his client.
- Favorable Settlement for Physician: Mr. Chen represented an internal medicine physician in a medical malpractice case involving allegations that his client failed to treat an intracranial hemorrhage following blunt force trauma to the head. The plaintiff rejected Mr. Chen’s best and final pretrial offer. In the third week of jury trial before the close of plaintiff’s case-in-chief, Mr. Chen was able to facilitate a settlement for the previously rejected amount through strong negotiations resulting in saving substantial attorneys’ fees, expert witness fees, and other trial-related costs.
PROFESSIONAL MEMBERSHIPS
- State Bar of California
- San Diego County Bar Association
- North County Bar Association
- San Diego Defense Lawyers
- American Inns of Court, Louis M. Welsh Chapter