N. Thomas McCartney is “of counsel” to the firm. N. Thomas (“Tom”) McCartney graduated magna cum laude from Saint Mary’s College in 1972. He graduated with honors from USF Law School in 1975 where he was awarded the American Jurisprudence award in Property. Tom McCartney was also a member of the McAuliffe Honor Society and the Law Review. He served as an honors law clerk for the Hon. Ira A. Brown Jr. Tom McCartney’s additional education includes the study of Spanish at the Monterey Institute of International studies and mediation studies at the Straus Institute.
Tom McCartney has successfully tried numerous cases in front of juries, judges presiding in cases without a jury and arbitrators. Although Mr. McCartney continues to be actively involved in litigation and trials, his practice has evolved to include litigation avoidance, business planning and development, and related business transactional work.
Mr. McCartney successful jury verdicts include awards for breach of grading subcontract, breach of partnership agreement, breach of hay harvesting contract, breach of electrical subcontract, breach of brokerage agreement, breach of implied in fact contract, breach of bailment agreement, breach of construction contracts, breach of fiduciary duty, fraud, concealment, insurance bad faith, intentional infliction of emotional distress, conversion, negligence and other theories. Mr. McCartney has obtained several defense verdicts for clients accused alleged child abuse, wrongful termination, bad faith, breach of construction contracts, conversion and fraud. Mr. McCartney successes include awards for deficiency judgments, prescriptive easements, implied easements, mechanic’s liens, stop notices, adjudication of water rights, constructive trusts, and alter ego liability. Mr. McCartney also has successfully defended claims of alter ego, constructive trust, insurance bad faith, fraud in the sale of real estate, rupture of underground pipelines and other matters.
Published appellate decisions: Am. Nat. Bank v. Stanfill, 205 Cal. App. 3d 1089, (Cal. App. 5th Dist. 1988); Davis v. Superior Court, 62 Cal. App. 3d 484, Cal. App. 1st Dist. 1976); Clark Equipment Co. v. Mastelotto, Inc., 87 Cal. App. 3d 88, (Cal. App. 5th Dist. 1978); Lapidus v. City of Wasco, 114 Cal. App. 4th 1361, Cal. App. 1st Dist. 2004); Legacy Group v. City of Wasco, 106 Cal. App. 4th 1305, 1307, (Cal. App. 5th Dist. 2003)