Summer Smith
88 Kearny Street
10th Floor
San Francisco, CA 94108
Phone: 415.788.1900
Fax: 415.393.8087
Admissions
- Northern District, United States District Court
- Central District, United States District Court
Education
- J.D., University of the Pacific, McGeorge School of Law
- B.A., Political Science-Public Service; B.A., Rhetoric and Communication, University of California-Davis
Summer Smith
Director
Summer Smith's practice focuses primarily on the representation of professionals. This includes attorneys, accountants, architects and engineers, and designers and their firms. She also has defended numerous claims of malicious prosecution, abuse of process and intentional torts and has made frequent successful use of California' anti-SLAPP (strategic lawsuit against public participation) legislation in her representation of clients. Ms. Smith also represents and assists professional fiduciaries in the administration of their obligations to clients. In this regard, she serves as counsel for litigated matters facing professional fiduciaries, often in the trust and estate field, and advises on obligations owing to beneficiaries. This representation includes advice as to the management of trust assets and occasionally tenant rights and obligations when such trust assets include residential rental properties.
Highlights
- Appears in both state and federal court as well as in arbitration proceedings
- Represents clients at the appellate court level
- Obtained the first published decision on the doctrine of superior equities in nearly 70 years
- Represents clients in various business related litigation matters
Selected Client Representations
Freenor v Butler - Represented Cross-Defendant Board of Directors of a Masonic Club and residential community through trial which resulted in a defense verdict and full recovery of all attorneys fees to it as a prevailing party.
Hogue v. Ford - Lawyers professional liability case. Following the closing of all evidence, the Court rendered a nonsuit as to 11 causes of action in favor of MPBF client. Pre-trial demand of $800,000. Defense judgment.
Heritage v. Spork successfully obtained a dismissal with prejudice of architect added as a defendant to suit on the eve of trial and represented his interests in providing trial testimony.
Contemporary Services Corporation v. Ellis - Represented defendant in an action for breach of contract, fraud and breach of fiduciary duty. Non-suit granted on all causes of action against defendant with attorney fee recovery for defendant on cross-complaint.
Peasley v. Wong - Successfully defended architectural design professional in action involving allegations of structural plan defects, fraud and misrepresentation, with a pre-arbitration demand that exceeded $2 million. The action proceeded to multi-week arbitration with damages presented that well exceeded $1 million. A motion for non-suit was granted on fraud and misrepresentation claims, and action was resolved post-judgment for $312,500.
Special Motions to Strike - California Anti-Slapp Statute
Ms. Smith prevailed on special motions to strike in each representative instance with a full award of attorneys' fees and costs awarded to her following clients as prevailing parties:
- Cooperative Center v. Fern Adams
- Leaper v. Malmquist
- Waterman v. George
- Caminero v. Kapick
- Churchill v. Littler Mendelson
- Wolter v. Brooks
- Metz v. Meeks
- Menjivar v. Rivas
Published Appellate Opinions
State Farm v. Wells Fargo Bank
Professional Contributions
Ms. Smith has been a speaker for Continuing Education for the Bar programs, covering topics involving abuse of the discovery process. She has also assembled materials that tracked the development of anti-SLAPP legislation and litigation for a recent American Bar Association conference. Ms. Smith is also a member of the American Institute of Architects and follows developments that impact architects and design professionals.
Community Contributions
Ms. Smith is a member of the Junior League and belongs to Calvary Presbyterian Church, where she does community outreach.