Contact Thomas

 
Tom Barth is a founding partner of Barth Tozer & Timm LLP who represents private and public sector clients in a wide range of legal matters. These include public entity transactions, public and private contract disputes, fiduciary duties, real property, corporate and partnership issues, insurance coverage, eminent domain and environmental compliance. An experienced litigator, he has tried cases in state and federal courts and defended trial victories on appeal. He often wins favorable outcomes for his clients in mediation and negotiations with opponents. He serves as a mediator/arbitrator upon request of parties in cases not being handled by his firm.
 
 
LEGAL EXPERIENCE

Mr. Barth's trial experience includes:

•   Public construction contracts and public works projects
•   Defense and prosecution of public entity rights and liabilities
•   Real property rights and transactions
•   California Environmental Quality Act (CEQA) and other environmental challenges
•   Election law and election contests
•   Condemnation of property for public use
•   Corporate and partnership business transactions
•   Trust and estate disputes
•   Defense and indemnity obligations of risk-pooling joint powers authorities
•   Private and commercial insurance coverage and bad faith
•   Employment discrimination and termination
•   Personal injury
•   Civil rights and First Amendment issues
•   Tax matters

Mr. Barth has tried cases for individuals, businesses and public agencies. He also advises clients on transactional matters, including commercial and private property sales, trusts, environmental compliance, foreclosures, scope of insurance coverage, public entity obligations, and private party applications for government approvals.

Prior to co-founding Barth Tozer & Timm LLP, Mr. Barth was a shareholder, and served on the board of directors of the Kronick, Moskovitz Tiedemann & Girard law firm in Sacramento. Mr. Barth began legal practice as a JAG attorney in the U.S. Army, where he tried more than 75 cases.

PRACTICE EXAMPLES

Judges and juries have awarded trial victories to Mr. Barth's clients. Examples include successful defense verdicts for private and public employers against claims of wrongful termination by former employees, and winning final judgment in favor of an elections official in a politically charged election contest.

He has won favorable appellate court rulings in many cases often affirming a victory at the trial level. An example is the published opinion in Southgate Recreation and Park District v. California Association for Park and Recreation Insurance (2003) 106 Cal.App.4th 293.

He has achieved favorable settlements through mediation of many high value cases. For instance, he mediated a case for a university located in Washington, in which a group of students alleged breach of contract in a degree program. The case settled, avoiding the substantial cost of trial.

Mr. Barth often handles complex cases involving the litigation of highly specialized and evolving legal principles. Examples include a challenge under the provisions of Proposition 218 in which the body of law was still developing, and another case concerning a local agency's right to police itself, protected by immunity from liability.
PROFESSIONAL ACTIVITIES & AFFILIATIONS

Mr. Barth maintains active participation in his local community, supporting both school and church activities. He also has performed work as an attorney in the military reserves, which includes:

•   Serving as legal advisor in administrative hearings
•   Helping soldiers who are called to service overseas prepare wills and basic trusts

Other affiliations and activities include:

•   Member, Sacramento County Bar Association
•   Member, American Bar Association

ACADEMIC BACKGROUND

B.S. United States Military Academy, West Point, 1979
•   Member Phi Kappa Phi

J.D. Georgetown University Law Center, 1985
•   Assistant Editor, The Tax Lawyer

       
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