Dan Livingston has successfully handled hundreds of civil litigation matters involving a wide range of commercial issues, and has tried numerous cases to verdict, judgment, or arbitration award. Building on his decades of experience as a skilled business litigator, Dan also serves as a private mediator or arbitrator for commercial litigation disputes.

Companies and individuals turn to Dan for his experience and judgment as a skilled trial attorney and for his long record of success in resolving complex business and real estate litigation disputes. His professionalism and legal skills are well known and clients trust his integrity and sound advice. Dan has brought victories to financial institutions, real estate developers, private equity firms, high-net-worth individuals, and manufacturers in a wide variety of commercial litigation matters.

Dan is one of the leading business litigation attorneys in Orange County, having been consistently named in Best Lawyers in America for Commercial Litigation and for nearly 20 consecutive years to the Southern California Super Lawyers list, including repeated recognition as one of the Top 50 Super Lawyers in Orange County. He is also listed as an AV Preeminent rated attorney by Martindale-Hubbell®.  

Dan is a former President of the California New Motor Vehicle Board and a former member of the California Medical Board. Dan has also served as Chair of the Business Litigation Section of the Orange County Bar Association, as a member of the Board of Governors of the Orange County Chapter of the Association of Business Trial Lawyers, and as Chair of the Orange County Chapter of the J. Reuben Clark Law Society.

Dan and his wife have been happily married for almost 40 years, are the parents of three married adult children and have four adorable grandsons.

Representative Matters

  • Won a nearly $40 million arbitration award in a complex business dispute between owners of a limited liability corporation (Orange County).
  • Won a nearly $10 million jury verdict on behalf of a financial institution over a major homebuilder for breach of a real estate option agreement (San Diego County).
  • Won a defense judgment in a bench trial in a real estate fraud case arising from a purchase and sale agreement (San Bernardino County).
  • Won a defense verdict in a jury trial on fraud claims in a multi-million-dollar real estate transaction. Attorney’s fees were awarded to our client and later won a bench trial on a fraudulent conveyance claim against the plaintiff in the original case who tried to evade payment of those fees (Orange County).
  • Won a defense arbitration award in a multi-million-dollar claim of fraud and breach of contract arising out of development of cellular phone technology (Orange County).
  • Won a defense verdict in a jury trial in a claim of product liability against a major engine manufacturer involving serious lifetime injuries (Sacramento County).
  • Won a bench trial in a construction dispute (Orange County).
  • Won an arbitration award in a dispute over a ground lease and option to purchase (Orange County).
  • Won summary judgment against a claim of trade libel and intentional interference in a commercial dispute, holding the statements were not actionable because they expressed opinions and fully disclosed provably true facts on which the opinions were based (Orange County). The judgment was later upheld on appeal. Franklin v. Dynamic Details, Inc., 116 Cal. App. 4th 375, 10 Cal. Rptr. 3d 429 (2004).
  • Won numerous motions to dismiss, demurrers, and motions for summary judgment which terminated cases short of trial in both state and federal courts.