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Mark Ellis
 
Education

B.A. Degree, College of
William & Mary, 1982

J.D. Degree, California Western School of Law, 1985, Cum Laude

Practice Areas
Litigation in Matters of:

  • Trial Advocacy
  • Appellate Advocacy
  • Legal Malpractice
  • Professional Liability
  • Class Actions
  • Commercial Law
  • Banking Law
  • Business Law
  • FDCPA Defense
  • FCRA Defense
  • TCPA Defense
  • Serious Personal Injury
  • Insurance Coverage &
    Bad Faith
  • Sexual Harassment &
    Discrimination Defense

 

Mark E. Ellis      
Contents

Biographical Information

Representative Cases

Articles & Presentations

Practice Focus

Founding and managing partner Mark E. Ellis is a trial lawyer whose practice embraces civil litigation in both state and federal courts. He has tried more than 70 cases to verdict, judgment or binding arbitration award. Many of Mr. Ellis' trials have lasted weeks. Several trials have lasted months.

Mr. Ellis believes there is an important distinction between a "trial attorney" and a so-called "litigator." For discerning clients who understand the distinction, this makes all the difference.

Mr. Ellis defends professionals sued for malpractice, malicious prosecution, ethics violations, and other professionalBLS Logo wrongdoing. Certified as a specialist in legal malpractice law by the California Board of Legal Specialization of the State Bar of California, Mr. Ellis has defended hundreds of such cases. Mr. Ellis had represented lawyers and/or law firms in numerous trials and/or arbitrations, winning virtually every case that reached a final decision.

Mr. Ellis handles financial institution, business and commercial litigation, including complex litigation involving class actions under Federal Rule of Civil Procedure 23 and under California's Unfair Competition Law, Business and Professions Code, Section 17200. His practice includes commercial and consumer litigation in state and federal courts related to the federal Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA), as well as their state equivalents. Mr. Ellis and other firm attorneys have successfully tried several of these cases over the last few years.

2017 marked the thirteenth year that Mr. Ellis has been selected by his peers to be recognized by the rating service Super Lawyers as one of the top 5 percent of lawyers practicing in Northern California. The honor includes being featured as one of the nation's top litigators in the 2017 Super Lawyers Business Edition, a publication distributed to 40,000 corporate CEOs, presidents and in-house counsel. It also includes being featured as a Northern California Super Lawyer in Sacramento Magazine.

Mr. Ellis is listed under the specialty of Legal Malpractice Defense in the 2018 edition of Best Lawyers in America, which was published by the international lawyer-rating firm Best Lawyers in November 2016. This is the nineth consecutive year that he has been so honored by Best Lawyers. His law firm, Ellis Law Group, LLP, has been ranked seven consecutive years—2012-2018—by Best Lawyers and U.S. News & World Report as “top tier” in Northern California.

Mr. Ellis' practice includes the regular representation of clients before the appellate courts. A former appellate law clerk, Mr. Ellis has successfully handled scores of appeals before state and federal appellate courts. In February 2006, he was one of the winning attorneys in Rusheen v. Cohen (2006) 37 Cal.4th 1048, a decision by the California Supreme Court. In 2009, Mr. Ellis participated in drafting and filing in the United States Supreme Court an Amicus Curiae brief on behalf of the California Association of Collectors (CAC) in the case of Jerman v. Carlisle.

Mr. Ellis' practice also includes the representation of plaintiffs in serious personal injury actions.

Mr. Ellis has participated in dozens of jury trials, bench trials, and/or arbitrations. He has won over 90 percent of those trials or arbitrations that reached decision.

Mr. Ellis is licensed to practice in the State of California, in the State of Washington, before the United States Supreme Court, before the Ninth Circuit Court of Appeals, and before all the Federal District Courts of California as well as several other federal district courts throughout the country.


Education

Mr. Ellis earned his Bachelor's degree in Government from the College of William & Mary in 1982. He received his J.D. from California Western School of Law in 1985, graduating cum laude. In law school, Mr Ellis also:

  • Received the Diane Gafford Ethics Award upon graduation (1985)

  • Received the Lloyd Griffin Ellis Scholarship (1984, 1985)

  • Served on the Law Journal as a published member of the staff (1983-1984) and then as Head Lead Articles Editor (1984-1985)

  • Served as a Legal Writing Honor's Instructor (1983-1984)

Professional Affiliations

Mr. Ellis is a member, past member or inactive member of the Sacramento, San Francisco, California, Washington State and American Bar Associations, the Federal Bar Association, the Defense Research Institute, the Association of Defense Counsel for Northern California, the Professional Liability-Underwriter's Society (PLUS) and the Member Attorneys Program ("MAP") of the American Collectors Association. He served as the California MAP Chairman (2001-2002) for the American Collectors Association. He acts as a judge Pro Tem in the settlement department of the Sacramento Superior Court.


Work History
  • Judicial Clerkship (1985-1987): Washington State Court of Appeals, Division III, to the Hon. Ray E. Munson

  • Associate, Partner, Shareholder (1987-2006): Murphy, Pearson, Bradley & Feeney

  • Managing Partner (2006-Present): Ellis Law Group LLP

Representative Cases

    Trials & Settlements

  • Mencarini v. W. (October 2017) Malicious Prosecution. Settlement for plaintiff-clients following mediation.
  • Prolo v. C. (October 2016) Legal Malpractice / Breach of Fiduciary Duty / Breach of Contract. Settlement for plaintiff-clients following mediation.
  • Littlejohn v. Financial Credit Network, Inc.. (April 2017) TCPA, FDCPA, Rosenthal FDCPA. Unanimous jury verdict in favor of collection agency client accused of harassing plaintiff by automatically dialing his cell number 75 times over 19 months without plaintiff's consent.
  • HPROF v. Bank of America/Bank of New York. (March 2017) Right to Arbitration. First District Court of Appeal, Division 3, affirmed an order in favor of client by the Alameda Superior Court that held plaintiff banks forfeited their right to arbitration after litigating a dispute in Superior Court for 21 months.
  • Palmbaum v. F. (January 2017) Legal Malpractice/Breach of Fiduciary Duty. Client-plaintiff awarded over $550,000 from attorney/law firm after 5-day binding arbitration.
  • Latham v. EC (August 2016) Personal Injury. Settlement for client-plaintiff for almost $1,000,000 following mediation.
  • Obrien v. Gjelsteen (October 2016) Breach of Contract. Judgment in favor of client-plaintiff for breach of contract following trial.
  • Wells Fargo Bank v. Weiner (June 2015) Breach of Guaranty Contract. Verdict in favor of client Wells Fargo Bank mandating loan guarantors pay $101,654.33 debt, interest, attorney's fees and costs.
  • Patterson v. Abundance Vineyards, LLC (January-March 2015) Sexual Harassment Defense / Discrimination /IIED Defense. Defense verdicts for client defendants on claims brought by three former employees; plaintiff’s verdict in favor of fourth plaintiff, but only for a fraction of damages requested.
  • SFC v. M. (December 2014) Legal Malpractice / Breach of Fiduciary Duty Defense. Settlement on behalf of attorney-defendant client. All claims against client attorney dismissed for waiver of costs and client attorney paid $250,000 on fee cross complaint.
  • Kahn v. Schoenig (December 2014) Quiet Title / Breach of Contract / Tort Defense. Mixed decision, including favorable ruling for client defendant as to the enforceability of a well and water rights agreement.
  • Nunley v. B. (September-November 2014) Legal Malpractice Defense. Favorable nonsuit motion during trial eliminated half of the plaintiff's claims, eliminated one of two plaintiffs and led to the dismissal of a major defendant. Verdict for remaining plaintiff was for a small fraction of the pre-trial demand, and even this was reduced by post-trial motions.
  • Trans Sierra Investments v. Merrikh (June 2014) Plaintiffs' Business Class Action. Settled certified class action with monetary payout to client class arising from claims landlord overcharged business tenants for rent.
  • Garner v. McElroy et al (July 2013) Commercial Law. Determination of fraud against adverse parties in favor of clients after 3 day binding arbitration.
  • WFB v. Sethi (May 2013) Bankruptcy. Determination of non dischargeability of secured debt in favor of client Bank after adversary trial.
  • HBC v. ABR (March/April 2013) Commercial Law. Mixed ruling partially in favor of and partially against clients after 7 day binding arbitration.
  • Tipton v. Hollander (May 2012) Plaintiff Dental Malpractice. Defense verdict after month-long trial.
  • Hampton v. Wong (February 2012) Plaintiff Dental Malpractice. Defense verdict after two-week trial.
  • Castenada v. M. (January 2012) Legal Malpractice Defense. 12-0 jury verdict for attorney client after 4-week trial. Plaintiff had sought more than $2,000,000 in damages.
  • Zamora v. Janet Napolitano, Secretary of the Department of Homeland Security, et. al (July 2011) Discrimination. Settlement of claims on behalf of plaintiff/client in the amount of $500,000, which, we were informed, is one of the largest settlements ever paid out by the Transportation Security Agency (TSA), an agency of the U.S. Department of Homeland Security.
  • Carmichael Trust v. AMF (February 2011) Foreclosure. Judicial foreclosure trial resulting in favorable decision and foreclosure for client.
  • Sacramento City Unified School District v. G&V (October 2010) Legal Malpractice Defense. 12-0 jury verdict for defendant attorney clients after 9-week jury trial. Plaintiff had sought $4.2 million in damages.
  • 4920 Corp. v. SVLG. (June 2010) Plaintiff Legal Malpractice. Confidential settlement reached on 2nd day of trial in favor of client plaintiff.
  • Henley v. Zang (May 2010) Plaintiff Medical Malpractice. Defense verdict after 3 week jury trial.
  • Guiterez v. NCA (February 2010) FDCPA Defense. Case settled on first day of trial after motions in limine gutted plaintiff's claims and damages. Pre-trial demand in excess of $1,000,000 settled for less than cost of defense for defendant clients.
  • Carmical v. Nationwide (February 2010) Personal Injury. Award for plaintiff-client in excess of $650,000 after U.M. arbitration.
  • Howard v. Great Expectations (September 2009) Commercial Law Defense. Participated in the Phase 2 trial of the consolidated class action representing defendant Great Expectations franchises throughout California. Favorable ruling obtained.
  • Hall v. Captain's Table, LLC (July 2009) Plaintiff Commercial Law. Five-day bench trial concerning breach of contract (finder's fee). $160,000 judgment in favor of plaintiff client.
  • Howard v. Great Expectations (January 2009) Commercial Law Defense. Represented defendant dating service franchises in Phase 1 trial. Favorable ruling obtained.
  • Rouse v. Law Offices of R.C. (August 2008) FDCPA/Attorney Defense. Defense verdict for law firm, its staff and its client after a unanimous jury verdict in the United States District Court for the Southern District of California. The plaintiff's pre-verdict demand exceeded $400,000.
  • Scheel v. Henderson (July 2008) Real Property Defense. Bench trial concerning ownership of, and right to use, real property. Ownership of property quieted in favor of client. Favorable final decision entered for clients.
  • Olsen v. Harbison (April 2008) Attorney Defense/Quantum Meruit/Fees/Alleged Wrongdoing by Attorney. Nonsuit granted in favor of client lawyer in pretrial motions on 4th day of trial.
  • Sutton v. A.H.W. (January 2008) Legal Malpractice Defense. Multi-million dollar claims against attorney clients settled on third day of trial for substantially less than cost of defense after motions in limine threatened to gut plaintiff's claims.
  • Bloom v. H.B.C.W. (September/October 2007) Legal Malpractice Defense. Defense verdict for client law firm after a five-week jury trial. Verdict entered for client law firm on fee cross claim for full amount of the claim; total awards in favor of client law firm in damages, fees and costs exceeded $400,000.
  • Russ v. M.H.A. (March 2007) Legal Malpractice Defense. Verdict against client for small percentage of damages requested. Nonsuit and post trial motions eliminated most of plaintiffâ��s damages against client law firm; case resolved for confidential settlement while on appeal.
  • Challas v. Goetz (July 2007) Bankruptcy Defense. Favorable decision for client after a bench trial in United States Bankruptcy Court for the Northern District of California (San Jose).
  • State Bar v. J.B. (May-August 2007) Involuntary Enrollment Proceeding. Determination in favor of client attorney denying the State Bar's demand for involuntary enrollment after 5-day trial.
  • McKee v. E. & A. (December 2006) Attorney/Fair Debt Collection Practice Act (FDCPA) Defense. Defense verdict obtained for client law firm sued for allegedly violating the FDCPA after 6 day jury trial in Federal District Court for the Central District of California.
  • Kubat v. H. (May 2006) Legal Malpractice/Breach of Fiduciary Duty Defense. Favorable decision by nonsuit entered in favor of client attorney during second week of trial.
  • Ellis v. G.W. (April 2006) FCRA Defense. $1.5 million claim settled during second week of trial for $25,000.
  • Andrews v. Shearer (February 2006) Plaintiff Personal Injury. Settlement in favor of client plaintiff for $1,350,000
  • Denny v. Latham (May/June 2005) Wrongful Death Defense. 12-0 jury verdict entered in favor of client defendant after three week jury trial.
  • Ruiz v. Citrus Grove (March 2005) Plaintiff Personal Injury/Wrongful Death. Settlement in favor of client plaintiffs in excess of $1,700,000.
  • Loduca v. Polyzos, dba QMC (October 2004) Plaintiff Breach of Contract. Judgment in favor of plaintiff client following bench trial.
  • Campos v. Wells Fargo Bank (August 2004) Commercial Law Defense. Judgment entered in favor of client bank after adversarial trial in United States Bankruptcy Court, Eastern District of California.
  • Hall v. U.S. Express (March 2004) Plaintiff Personal Injury. Settlement during second week of trial in excess of $850,000 in favor of client personal injury victim.
  • A.N.P.A.C. v. M. & T. (Jan/Feb 2004) Legal Malpractice/Breach of Contract Defense. Jury verdict entered in favor of law firm clients after three-week jury trial in U.S. District Court.
  • Wells Fargo Bank v. Tyson (Spring 2003) Plaintiff Commercial Law. Judgment in favor of client bank in excess of $350,000; cross-complaint against bank dismissed.
  • Holesapple v. S. & H. (November 2002) Legal Malpractice Defense. Action dismissed against attorney clients; settlement in favor of client attorneys on the fee cross-claim in excess of $480,000.
  • Kinsey v. Viega (March 2002) Legal Malpractice/Breach of Fiduciary Duty Defense. Judgment in favor client attorney during trial.
  • Campbell v. Z. (July-November 2001) Legal Malpractice Defense. Judgment entered in favor of client attorney after 5-month trial on legal malpractice claim; judgment entered on fee cross-claim in favor of client in excess of $2,400,000.
  • Greenwell v. D. A. & Assoc. (April & May 2000) Legal Malpractice Defense. Judgment entered for client attorneys after 2-month jury trial on legal malpractice claim.
  • Wang v. Grodin (April 1999) Legal Malpractice/Malicious Prosecution/Abuse of Process Defense. Nonsuit granted in favor of client attorney during trial.
  • Bregman v. S. (November 1997) Legal Malpractice Defense. Dismissal in favor of client attorneys during jury trial.
  • Gunderson v. Valente (September 1997) Legal Malpractice Defense. Verdict for client attorney following jury trial.
  • Martinez v. Furr (September 1993) Legal Malpractice Defense. Verdict for client defendant following jury trial.
  • Plunkett v. Spalding (August 1992) Medical Malpractice. Defense verdict reversed on appeal due to judicial error.
  • U.S. Roofing v. Liquid Asphalt Systems (February 1989) Commercial Law. 2-week trial on issue of breach of warranty and revocation of acceptance.

Published & Unpublished Opinions

(Please note that some citations may have changed despite efforts to keep them current.)

  • Van Patten v. Vertical Fitness Group, 847 F.3d 1037 (9th Cir. 2017) (TCPA consent)
  • Goodson v. DRSI, 2016 WL 5844313 (C.D. Cal. 2016) (TCPA Class action denial and entry of summary judgment in favor of client defendant).
  • Spanos v. DBBC, 2016 WL 3583364 (Third Dist. 2016) (dismissal of legal malpractice claim affirmed on appeal in favor of client defendant).
  • Singh v. CMR, 2016 WL 5846997 (E.D. Cal. 2016) (dismissal of FCRA and state law claims in favor of client defendant).
  • Reddin v. Rash Curtis (E. D. Cal. 2016) __F. Supp.3d __ (FDCPA)
  • Goodson v. DRSI (C. D. Cal. 2016) __F. Supp.3d ___ (TCPA class action)
  • Meredith v. e-MDs (E.D. Cal 2014) 2014 WL 2612112 (Commercial Law)
  • Van Patten v. Vertical Fitness Group, LLC (S.D. Cal. 2014) 22 F. Supp3d 1069, 2014 WL 2116602 (TCPA Class Action Defense) Click for Press Release
  • Thornbrough v. Western Placer Unified School District (3rd Dist. 2013) 223 Cal.App.4th 169. (Education; Wrongful Termination) Click for press release.
  • People v. Persolve (5th Dist. 2013) 218 Cal. App.4th 1267 (Collections, Litigation Privilege)
  • Aslan v. Harrel (3rd Dist. 2013) 2013 WL 3728392 (Legal Malpractice)
  • Bliese v. Credit Bureau of Ukiah (N.D. Cal. 2013) 2013 WL 1644952 (FDCPA)
  • Blackhurst v. Ungerman (3rd Dist. 2013) 2013 WL 795060 (Legal Malpractice)
  • Katzakian v. Collectibles Management Resources (E.D. Cal. 2013) 2013 WL 57712 (FDCPA)
  • Udo v. Kelkris Associates, Inc. (S.D. Cal. 2012) 2012 WL 5985663 (FDCPA)
  • Koller v. West Bay Acquisitions, LLC (N.D. Cal. 2012) 2012 WL 1189481 (FDCPA)
  • Burling v. Windsor Equity Group, Inc. (2012 C.D. Cal.) 2012 WL 5330916(FDCPA)
  • Pham v. Solace Financial, LLC (N.D. Cal. 2012) 2012 WL 5471160 (FDCPA)
  • Ear v. Empire Collection Authorities, Inc. (N.D. Cal. 2012) 2012 WL 3249514 (FDCPA)
  • Melendez v. CACH, LLC (N.D. Cal. 2012) WL 4902687 (FDCPA)
  • McEndree v. Rash Curtis & Associates (E.D. Cal. 2012) 2012 WL 3028010 (FDCPA)
  • McEndree v. Rash Curtis & Associates (E.D. Cal. 2012) 2012 WL 160465  (FDCPA)
  • In re Gilman (Bkrptcy C.D. Cal. 2012) 2012 WL 1162223 (Commercial Law/Bankruptcy)
  • Scott v. Kelkris Associates, Inc. (E.D. Cal. 2012) 2012 WL 1131360 (FDCPA)
  • Scott v. Kelkris Associates, Inc. (E.D. Cal. 2012) 2012 WL 996578 (FDCPA)
  • Neilsen v. Trofholz Technologies, Inc. (9th Cir. 2012) 2012 WL 689948 (Employment Law)
  • Scheel v. Henderson (3d Dist. 2012) (Unpublished) (Real Estate: favorable appellate ruling for client on complex easement and quiet title issues.)
  • Scott v. Federal Bond and Collection Service, Inc. (N.D. Cal. 2011) 2011 WL 365253 (FDCPA)
  • Baillie v. Account Receivable Management of Fla. (N.D. Cal. 2011) 2011 WL 566817 (FDCPA)
  • Vasquez v. State Recovery Systems, Inc., (E.D. Cal. 2011) 2011 WL 6012326 (FDCPA)
  • Jones v. Rash Curtis & Associates (N.D. Cal. 2011) 2011 WL 2050195 (FDCPA)
  • Scott v. Federal Bond and Collection Service, Inc. (N.D. Cal. 2011) 2011 WL 176846 (FDCPA)
  • Ikon Office Solutions Inc. v. Rezente (E.D. Cal. 2011) 2011 WL 1402882 (FDCPA)
  • Pintos v. Pacific Creditors Association (N.D. Cal. 2011) 2011 WL 3880411 (FCRA)
  • Hameed v. IHOP Franchising, LLC (E.D. Cal. 2011) 2011 WL 1233183 (Commercial Franchising)
  • Grant v. Capital Management Services, L.P. (9th Circuit 2011) 2011 WL 3874877 (TCPA Class Action)
  • Caudell v. Financial Credit Network, Inc. (E.D. Cal. 2011) 2011 WL 1377643 (FDCPA)
  • Probasco v. IQ Data Intern (E.D. Cal. 2011) 2011 WL 1807429 (FDCPA)
  • Hameed v. IHOP Franchising, LLC (E.D. Cal. 2011) Slip Copy, 2011 WL 590905 (Commercial Law)
  • Scott v. Federal Bond and Collection Service, Inc. (N.D. Cal. 2011) Slip Copy, 2011 WL 176846 (FDCPA)
  • Ikon Office Solutions, Inc. v. Rezente (E.D. Cal. 2010) Slip Copy, 2010 WL 5129293 (Trade Secret)
  • Nielsen v. Trofholz Technologies, Inc. (E.D. Cal. 2010) Slip Copy, 2010 WL 5136164 (Discrimination)
  • Olsen v. Harbison (2010) 191 Cal.App.4th 325 (Lawyer)
  • Nielsen v. Trofholz Technologies, Inc. (E.D. Cal. 2010) --- F.Supp.2d ----, 2010 WL 4514227 (Discrimination)
  • Hameed v. IHOP Franchising, LLC (E.D. Cal. 2010) Slip Copy, 2010 WL 4386705 (Commercial Law)
  • Walker v. Rash Curtis & Assoc. (E.D. Cal. 2010) Slip Copy, 2010 WL 4157128 (FDCPA)
  • Ikon Office Solutions, Inc. v. Rezente (E.D. Cal. 2010) Slip Copy, 2010 WL 3633769 (Trade Secret)
  • Thornbrough v. Western Placer Unified School Dist. (E.D. Cal. 2010) Slip Copy, 2010 WL 3341810 (Discrimination/Labor Law)
  • Thornbrough v. Western Placer Unified School Dist. (E.D. Cal. 2010) Slip Copy, 2010 WL 3069321 (Discrimination/Labor Law)
  • Kinder v. Allied Interstate, Inc. (2010) Not Reported in Cal.Rptr.3d, 2010 WL 2993958 (TCPA)
  • Rouse v. Law Offices of Rory Clark (9th Cir. 2010) 603 F.3d 699 (FDCPA)
  • Ikon Office Solutions, Inc. v. Rezente (E.D. Pa. 2010) 2010 WL 395955 (Trade Secret)
  • Thornbrough v. Western Placer Unified School District (E.D. Cal. 2010) 2010 WL 2179917 (Discrimination/Labor Law)
  • Sanchez v. Indymac Bank, FSB (E.D. Cal. 2010) 2010 WL 314760 (Commercial Law)
  • Carrizosa v. Stassinos (N.D. Cal. 2010) 2010 WL 144807 (FDCPA)
  • Balagapo v. GMAC Mortg., LLC (E.D. Cal. 2010) 2010 WL 144108 (FDCPA)
  • Thoennes v. Masari Investments, LLC (N.D.Cal 2009) 2009 WL 4282807 (Slip) (FDCPA)
  • Deomampo v. Wells Fargo Bank (N.D. Cal. 2009) 2009 WL 1764533 (FDCPA)
  • Komarova v. National Credit Acceptance, Inc. (2009) 175 Cal.App.4th 324 (Rosenthal FDCPA/Litigation Privilege)
  • Nicander v. Hecker (N.D.Cal 2009) WL 5084087 (FDCPA)
  • Gruen v. EdFund (N.D. Cal. 2009) F.Supp.2d, 2009 WL 2136785 (FDCPA)
  • Pintos v. Pacific Creditors Association (9th Cir. 2009) 565 F.3d 1106 (FDCPA)
  • Carrizosa v. Stassinos (N.D. Cal. 2009) 2009 WL 839095 (FDCPA)
  • Gerber v. Citigroup, Inc. (E.D. Cal. 2009) WL 248094 (FDCPA)
  • Palmer v. Stassinos (N.D. Cal. 2009) 2009 WL 86705 (FDCPA)
  • Liceaga v. Debt Recovery Solutions, LLC.(1st Dist. 2008) 169 Cal.App.4th 901 (FCRA Preemption)
  • Roybal v. Trans Union (E.D. Cal. 2008) 2008 WL 5329986 (FDCPA)
  • Palmer v. Far West Collection Services Inc. (E.D. Cal. 2008) 2008 WL 5397140 (FDCPA)
  • Miller v. Midland Funding LLC (C.D. Cal. 2008) 2008 WL 5003042 (FDCPA)
  • Farrar v. RDK Collection Serices, Inc. (2nd Dist. 2008) 2008 WL 4741077 (FDCPA)
  • Cassady v. Union Adjustment Co., Inc. (N.D. Cal. 2008) 2008 WL 4773976 (FDCPA/ Litigation Privilege)
  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 4532447 (FDCPA)
  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 4532465 (FDCPA)
  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 4532473 (FDCPA)
  • In Re Goetz (N.D. Cal. 2008) 2008 WL 3068954 (Commercial Law/Bankruptcy)
  • Camacho v. Bridgeport Financial Inc. (N.D. Cal. 2008) 2008 WL 2951290 (FDCPA)
  • Ambriz v. Arrow Financial Services (C.D. Cal. 2008) 2008 WL 2095617
  • Costa v. National Action Financial Services (E.D. Cal. 2008) 2008 WL 1925235 (FDCPA/Emotional Distress)
  • Camacho v. Bridgeport (9th Cir. 2008) 523 F.3d 973
  • Abels v. JBC Legal Group (N.D. Cal. 2008) 2008 WL 782527 (FDCPA)
  • Roybal v. Equifax (E.D. Cal. 2008) 2008 WL 619118
  • Martsolf v. JBC Legal Group, P.C. (M.D. Pa. 2008) WL 275719
  • Davis v. Unifund CCR Partners (N.D. Cal. 2008) 2008 WL 191272
  • Burdick v. Palisades Collections LLC (C.D. 2008) 2008 WL 80943
  • Costa v. National Action Financial Services (E.D. 2007) 2007 WL 4526510 (FDCPA/ Emotional Distress)
  • Navarro v. Eskanos & Adler (N.D. Cal.) 2007 WL 4458306 (FDCPA)
  • Navarro v. Eskanos & Adler (N.D. Cal.) 2007 WL 4200171
  • Johnson v. Credit International (9th Cir. 2007) Fed.Appx. 8, 2007 WL 3332813
  • In Re Goetz (Bankruptcy, N.D. Cal. 2007) 2007 WL 3095418 (Commercial Law)
  • California Capital Ins. Co. v. Farmers Ins. Group (Edmondson Property Management v. Kwock) (5th Dist. 2007) 156 Cal App.4th 197 (Coverage)
  • Law v. Harvey (N.D. Cal. 2007) 2007 WL 2990426 (Trademark)
  • Pintos v. Pacific Creditors Ass’n (9th Cir. 2007) 504 F.3d 792 (FCRA)
  • Palmer v. Stassinos (N.D. Cal. 2007) 2007 WL 2288119
  • Guevarra v. Progressive Financial Services Inc. (N.D. Cal. 2007) 497 F.Supp.2d 1090
  • Loduca v. Polyzos (3rd Dist. 2007) 153 Cal.App.4th 334 (Breach of Contract / Attorneys Fees)
  • Navarro v. Eskanos & Adler (N.D. Cal. 2007) 2007 WL 1574548
  • Chiu v. Creditors Trade Association Inc. (N.D. Cal. 2007) 2007 WL 1509328
  • Abad v. Williams, Cohen & Gray, Inc. (N.D. Cal. 2007) 2007 WL 1839910
  • Camacho v. Bridgeport Financial, Inc. (N.D. Cal. 2007) 2007 WL 1302731
  • Lea v. Cypress Collections (N.D. Cal. 2007) 2007 WL 988184
  • Lockshin v. Union Pacific R. Co. (N.D. Cal. 2007) 2007 WL 900975 (Attorney Lien)
  • Navarro v. Eskanos & Adler (N.D. Cal. 2007) 2007 WL 902550
  • Navarro v. Eskanos & Adler (N.D. Cal. 2007) 2007 WL 549904
  • Camacho v. Bridgeport Financial, Inc. (N.D. Cal. 2007) 2007 WL 196681
  • Navarro v. Eskanos & Adler (N.D. Cal. 2006) 2006 WL 3533039
  • Guevarra v. Progressive Financial Services Inc. (N.D. Cal. 2006) 2006 WL 3613742
  • Rouse v. Law Offices of Rory Clark (S.D. Cal. 2006) 465 F.Supp2d 1031 (FDCPA)
  • Palmer v. Stassinos (N.D. Cal. 2006) 2006 WL 2642530
  • Carrizosa v. Stassinos (N.D. Cal. 2006) 2006 WL 2529503 (FDCPA)
  • Palmer v. Stassinos (N.D. Cal. 2006) WL 2411413
  • Tilton v. Eskanos & Adler (N.D. Cal. 2006) 2006 WL 2355468
  • Irwin v. Mascott (9th Cir. 2006) 196 Fed.Appx. 455, 2006 WL 2085434 (FDCPA)
  • Carrizosa v. Stassinos (N.D. Cal. 2006) 2006 WL 1581953
  • Palmer v. Stassinos (N.D. Cal. 2006) 236 F.R.D. 460
  • Abels v. JBC Legal Group, PC (N.D. Cal. 2006) 233 F.R.D. 645
  • Rusheen v. Cohen (2006) 37 Cal.4th 1048 (Litigation Privilege)
  • Trevino v. ACB American, Inc. (N.D. Cal. 2006) 2006 WL 391797
  • Trevino v. ACB American, Inc. (N.D. Cal. 2006) 232 F.R.D. 612 (FDCPA)
  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2006) 2006 WL 568623
  • Palmer v. Stassinos (N.D. Cal. 2006) 233 F.R.D. 546
  • Camacho v. Bridgeport (9th Cir. 2005) 430 F. 3d 1070
  • Campos v. Wells Fargo Bank (E.D. Cal. 2005) 345 B.R. 678 (Banking)
  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 2005 WL 3839309
  • Palmer v. Stassinos (N.D. Cal. 2005) 419 F.Supp.2d 1151
  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 2005 WL 3839308 (FDCPA)
  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 428 F.Supp.2d 1023
  • Cancio v. Financial Credit Network, Inc. (N.D. Cal. 2005) 2005 WL 1629809
  • Minick v. Tate (N.D. Cal. 2005) 2005 WL 1566548
  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 229 F.R.D. 152
  • Palmer v. Stassinos (N.D. Cal. 2005) WL 3868002
  • Palmer v. Stassinos (N.D. Cal. 2005) WL 3868003
  • Abels v. JBC Legal Group, P.C. (N.D. Cal. 2005) 227 F.R.D. 541
  • Bochman v. Pugh (4th Dist. 2005) 2005 WL 288976
  • Palmer v. Stassinos (N.D. Cal. 2004) 348 F.Supp.2d 1070
  • Irwin v. Mascott (9th Cir. 2004) 370 F.3d 924
  • Bracamonte v. Eskanos & Adler (N.D. Cal. 2004) WL 1146624 (FDCPA)
  • Bracken v. Harris & Zide, L.L.P (N.D. Cal. 2004) 219 F.R.D. 481
  • Beach v. Harco National Insurance Co. (3rd Dist. 2004) 110 Cal.App.4th 82 (Bad Faith)
  • Campbell v. Zumbrun and Findley (3rd Dist. 2002) WL 1999755 (Legal Malpractice)
  • Renick v. Dun & Bradstreet (9th Cir. 2002) 290 F. 3d 1055 (FDCPA / UCL)
  • Martin v. Wells Fargo Bank (3rd Dist. 2001) 91 Cal.App.4th 489 (Commercial Law)
  • Littledove v. JBC & Associates, Inc. (E.D. Cal. 2001) WL 42199
  • Irwin v. Mascott (N.D. Cal. 2000) 112 F.Supp2d 937 (FDCPA)
  • Irwin v. Mascott (N.D. Cal. 2000) 94 F.Supp2d 1052
  • Irwin v. Mascott (N.D. Cal. 1999) 186 F.R.D. 567
  • Irwin v. Mascott (N.D. Cal. 1999) 96 F.Supp2d 968
  • Mahon v. Credit Bureau of Placer County (9th Cir. 1999) 171 F. Supp. 3d 1197 (FDCPA)
  • Naas v. Stolman (9th Cir. 1997) 130 F. 3d 892 (FDCPA/Statute of Limitations)
  • Orix Credit Alliance v. Horton (S.D. N.Y. 1997) 965 F. Supp. 481 (Commercial Law)
  • Plunkett v. Spaulding (1997) 52 Cal.App.4th 114 (Medical Malpractice)
  • Newman v. Checkrite California, Inc. (E.D. Cal. 1996) 1996 WL 1118092 (FDCPA)
  • Newman v. Checkrite California, Inc. (E.D. Cal. 1995) 912 F. Supp. 1354
  • Newman v. Checkrite California, Inc. (E.D. Cal. 1994) 1994 WL 896637
  • In re Costa (Bkrptcy E.D. Cal. 1994) 172 B.R. 954 (Bankruptcy/Commercial Law)
  • Nichols v. Keller (5th Dist. 1993) 15 Cal.App.4th 1672 (Legal Malpractice)
  • Carlton v. Tortosa (1993) 14 Cal.App.4th 745 (Real Estate Malpractice)
  • U.S. Roofing v. Credit Alliance Corp. (1991) 228 Cal.App.3d 1431 (Commercial Law)

Articles

"The Defense of Attorney Judgment: Tactical Immunity Doctrine", Amazon.com (February 2013).

"Employee Manuals Protect Employers, Educate Employees", Central Valley Business Journal (October 2012).

The articles below were initially published by the California Association of Collectors in their monthly trade magazine, The Collector's Ink.

  • "Overview of State Debt Collection Regulations" (April 2003)

Presentations

"Debt Collection: Issues with Time Barred Debt", teleconference June 2016 on behalf of the National Business Institute (NBI) that examined trends impacting time-barred accounts relative to FDCPA, CFPB, FTC, bankruptcy law, state law and statute of limitations. Click here to see PowerPoint presentation.

"Dos and Don'ts of Collection Letters" a seminar presented by Mr. Ellis, Andrew M. Steinheimer & Amanda N. Griffith covering the nuts and bolts on how to compose a collection letter that complies with federal and California consumer law. The program was presented October 2016 at the annual conference of the California Association of Collectors. Click to see PowerPoint presentation

"Paralegal Legal Ethics: Client Communications" a seminar covering the American Bar Association's "Model Rules of Professional Conduct" and the ethical codes of states that govern the conduct of paralegals. Mr. Ellis delivered this UC Davis Extension presentation, co-sponsored by the SPVA and CAPA, October 2016. Click to see PowerPoint presentation.

"Legal Ethics: Who Is Your Client?" a teleconference presented June 2015 on behalf of the National Business Institute. Click here to see outline on NBI website.

"Legislative Day" a March 2015 event sponsored by the California Association of Collectors (CAC). Mr. Ellis and Andrew M. Steinheimer were members of a panel that discussed hot legal topics of the collection industry.

Two seminars: "Frivolous Debtor Lawsuits: What are Your Options?" and "Shoring Up Your Collection Agreements," both presented June 2014 in Suisun City with Andrew M. Steinheimer and Brandon L. Reeves on behalf of the California Association of Collectors (CAC).

"Call Recording Do's & Don'ts: Best Practices," a presentation made with Andrew M. Steinheimer at ACA International's 74th Annual Conference and Exposition in San Diego in July 2013. Click to see Powerpoint Presentation

    "Update on Statutory Causes of Action" at the 12th annual Legal Malpractice and Risk Management Conference held in Chicago March 6-8, 2013. Mark discussed the growing number of claims being brought against attorneys arising from the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Practices Act (TCPA). Also discussed was the impact on consumer protection expected to be made by the Consumer Financial Protection Board (CFPB).
    "The Paralegal's Guide to the Legal Ethics of Client Communications," a seminar presented Tuesday, Nov. 22, 2011 by Mark E. Ellis via webcast and teleconferencing to a national audience on behalf of the National Business Institute (NBI).

    "Eliminating Bias & Substance Abuse in the California Legal Profession," a teleconference presented by Mark E. Ellis in cooperation with the National Business Institute (NBI) on June 23, 2011. Click to see PowerPoint presentation.

    "Legal Ethics Pertaining to Client Communications," a teleseminar presented by Mark E. Ellis in cooperation with the National Business Institute (NBI) on June 22, 2011. Click to see PowerPoint presentation

    "Top 7 Ways to Avoid Agency Litigation" teleseminar presented by Mark E. Ellis and Michael Klutho of Bassford Remele, P.A., Minneapolis, Minnesota. Presented for the Campus ACA (May 7, 2010)

    "E-Discovery and LPL: Overcoming the Challenges Associated with the Preservation and Production of Electronically Stored Information (ESI)," American Conference Institute's 2nd National Forum on LPL/Legal Malpractice (New York, NY, January 2010) Click to See PowerPoint Presentation
    "Eliminating Bias and Substance Abuse in the California Legal Profession," Teleconference, National Business Institute (June 2009)
    "Statutory Causes of Action - Consumer Protection Statutes," 8th Annual Legal Malpractice Risk Management Conference (Chicago, Il, March 2009)
    "FDCPA Compliance and the California Practitioner" (Fresno, January 2008, NBI)
    "Insurance Lines and Issues," California Association of Collectors' 91st Annual Convention" Panel Presentation (Santa Rosa, CA, September 2008)
    "Legal Panel Discussion" California Association of Collectors' 90th Annual Convention and Expo. Participated on legal panel speaking on various issues relating to current issues in FDCPA and FCRA law. (Monterey, CA October 2007)
    "Litigating to Win Through Advanced Trial Advocacy" Seminar panel presentation on, among other things, ethical considerations during trial and effective closing argument. (Sacramento, CA Oct. 2007, NBI Seminars)
    "Rules and Procedures for Federal Court Success" Seminar panel presentation with Kevin Culhane and Jeffrey Nevin (Sacramento, CA November 2007, NBI Seminars)
    "Debt Collections in California under the Federal and California (Rosenthal) Fair Debt Collection Practices Acts." Seminars to Tenet Health Care (April 26 (St. Louis) and April 27 (Dallas) 2006)
    "Essential FDCPA Training." Teleseminar to member agencies of the California Association of Collectors (February 2004)
    "Anatomy of a Lawsuit." A panel presentation with Tim Halloran, Andrew Steinheimer and Douglas Muirhead of Gulf Insurance at the California Association of Collectors 86th Annual Convention and Expo (September 2003)
    "Essential FDCPA Training." Teleseminar to member agencies of the California Association of Collectors (April 2003)
    "Malpractice and the Consumer Case; Representation of the Debtor -- Potential Malpractice Pitfalls." A Panel Presentation with John Tosney and Jack Haycock to the Northern California Consumer Bankruptcy Conference (February 2003)
    "Current Trends in California FDCPA Litigation." Presented to the California Association of Collectors Legal & Legislative Conference (March 2002)
    "Tales from the Frontline: Workshop and Legal Update." Presented to the California Association of Collectors 85th Annual Convention and Expo (October 2002)
    "Meaningful Attorney Involvement, Attorney Fee Splitting, and the Unauthorized Practice of Law." MAP teleseminar with Ronald Sargis (September 2001)

Personal

Mr. Ellis was born and raised in Fredericksburg, Virginia where he developed an interest in the Civil War that continues to this day. He has two sons.

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