Robert Patch Lawyer Fresno

McCormick Barstow / Attorneys at Law

Practice Areas:

Construction

General Litigation

Contact Information:

Phone: 559-228-6700

Fax: 559-228-6727

Send Email

Special Recognition:

Education

University of San Francisco School of Law, San Francisco, California

Juris Doctor – December 20, 1986

California Polytechnic State University, San Luis Obispo, California

Bachelor of Science, with Honors – June 12, 1982

Industrial Technology, School of Engineering

Awards Recognition

Super Lawyer: Selected as Northern California Super Lawyer every year from 2007 through 2015, representing the top 5 of Lawyers in Northern California.

Admitted to Practice

Supreme Court of California June 23, 1987

United States District Court for the Eastern District of California June 26, 1987

United States District Court for the Northern District of California July 16, 1987

United States District Court for the Southern District of California July 16, 1992

United States Court of Appeals for the Ninth Circuit October 20, 1987

Employment

Lang, Richert Patch, 1988 to present

Shareholder / Managing Partner

Practice Emphasis

Construction Litigation / Private Public Works Contracts / Mechanic s Lien Stop Notice Law / Construction Defect Disputes / Delay, Disruption Acceleration Claims / Bid Disputes / Surety Law / Design Professional Liability / Arbitration / Mediation / Seminars / General Business Litigation

Experience Pre-Legal

Six years with Johnson Controls, Inc., as construction engineer specializing in mechanical, electrical, electronic, and digital control systems design and installation, project management, applications software, personnel training, and engineering department management.

Professional Certifications

Certified Cogeneration Professional – Cogeneration Institute of the American Association of Energy Engineers 1991

Affiliations

State Bar of California

American Bar Association

Fresno County Bar Association

American Trial Lawyers Association

American Institute of Architects

California Building Industry Association

Associated General Contractors of California

American Society of Heating, Refrigerating Air Conditioning Engineers

American Association of Energy Engineers

Construction Specifications Institute

Association of Business Trial Lawyers – San Joaquin Valley Board of Governors – 2002.

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Fresno, CA August 20, 2015 – McCormick Barstow is pleased to announce that partner Mike Ball has been elected a Fellow of the American Bar Foundation.

MCCORMICK BARSTOW WELCOMES COMPLEX LITIGATION ATTORNEY

Seattle, WA October, 2015 – McCormick, Barstow, Sheppard, Wayte Carruth is pleased to announce that attorney Sarah Stephens Visbeek has joined the firm s Seattle office.  Ms. Visbeek will counsel and defend physicians and healthcare institutions in Medical Malpractice matters.  Additionally, she defends Personal Injury, Premises Liability, and Products Liability claims.ERON CANNON PREVAILS IN PREMISES LIABILITY CASE

McCormick Barstow partner Eron Cannon obtained a favorable outcome on behalf of his client, a Central Washington condo resort.  After Mr. Cannon prevailed on most of the Motions in Limine as the jury was being brought up to begin a three-week trial, the Plaintiff dismissed her case with prejudice. MCCORMICK BARSTOW WELCOMES HEALTHCARE LAW ATTORNEY

Fresno, CA November 10, 2015 – McCormick, Barstow, Sheppard, Wayte Carruth is pleased to announce that healthcare law attorney Vreeland O. Jones VJ has joined the firm as Of Counsel in its Fresno office.MCCORMICK BARSTOW WELCOMES COMMERCIAL LITIGATION ATTORNEY

Fresno, CA August 27, 2015 – McCormick, Barstow, Sheppard, Wayte Carruth is pleased to announce that commercial litigation attorney Scott J. Ivy has joined the firm as Of Counsel in its Fresno office.  He was most recently a partner with Lang, Richert Patch.MIKE BALL ELECTED AS A FELLOW OF THE AMERICAN BAR FOUNDATION

Fresno, CA August 20, 2015 – McCormick Barstow is pleased to announce that partner Mike Ball has been elected a Fellow of the American Bar Foundation. The Fellows is an honorary organization of a select group of attorneys, judges, law faculty and legal scholars who have demonstrated outstanding leadership and dedication to the highest principles of the legal profession and service to society. Attorneys must be nominated by their peers and elected by the Board of the Foundation. Membership in The Fellows is limited to one-third of one percent of the lawyers licensed to practice in each jurisdiction of the United States.FIVE TIPS FOR OPENING YOUR BUSINESS

McCormick Barstow attorney Alexis Michaud gives an overview of what new business owners need to consider on their journey to entrepreneurship.

This article was first published in the August 10, 2015 issue of the Las Vegas Business Press and reprinted here with permission.SCOTT REDDIE RECEIVES STATE BAR APPOINTMENT

Fresno, CA August 10, 2015 – McCormick Barstow partner Scott M. Reddie has been appointed to the California State Bar s Committee on Appellate Courts.  He will serve a three-year term effective October 11, 2015.  Mr. Reddie is the only attorney on the 16 member committee representing the Fifth District Court of Appeal.

McCormick Barstow attorneys Jared P. Green and Daniel I. Aquino successfully obtained a complete dismissal of trademark infringement and cybersquatting claims against their corporate client in Nevada federal court.  The firm s client was a business entity operating a southern California car wash entitled Bellagio Car Wash, approximately 250 miles away from the nearest Nevada border.  Plaintiff Bellagio, LLC owner of the Bellagio Hotel and Casino in Las Vegas brought suit alleging that the car wash s use of the name Bellagio was dilutive of their trademark, and that operation of a website of the same name violated the federal cyber-squatting statute, 15 U.S.C. 1125 d. WHO REALLY OWNS YOUR ROLODEX.

McCormick Barstow attorney Niki Cunningham discusses whether customer lists can be protected as trade secrets.  

This article was first published in the Association of Defense Counsel s Comment Magazine Summer 2015 issue and reprinted here with permission.MICHAEL MERRITT WINS DEFENSE VERDICT IN LAS VEGAS AUTO ACCIDENT CASE

Michael Merritt, Of Counsel at McCormick Barstow, obtained a favorable verdict in defense of a high exposure auto accident case.  After one and a half weeks of trial, the jury awarded the Plaintiff a total of 30,000 for past medical expenses and general damages and made no award of future medical care or general damages.  ERON CANNON WINS DEFENSE VERDICT IN SEATTLE MEDICAL MALPRACTICE CASE

McCormick Barstow partner Eron Cannon obtained a defense verdict for his client, an anesthesiologist who had been sued for medical malpractice.  The case involved a 55 year old man who developed a post-operative hematoma that obstructed his airway, leading to respiratory arrest and brain injury.  MHS HONORS THE BERNHARDT FAMILY

Mental Health Systems honored McCormick Barstow partner Victoria Bernhardt and her family at the 2015 Be the Hope Luncheon.  The annual fundraiser supports MHS and their mission to improve the lives of individuals, families and communities impacted by substance abuse and behavioral health challenges. WHAT IS FAIR IN THE LAND OF WILDFIRES.

McCormick Barstow partner Timothy R. Sullivan lays out the coverage issues in St. Cyr v California FAIR Plan Ass n - of special interest to property owners in high fire-risk areas.VICTORIA BERNHARDT RECEIVES 2014 HANSON AWARD

McCormick Barstow partner Victoria Bernhardt has received the Twenty-Fifth Annual Pauline Davis Hanson Award at a dinner recently held to honor Justice Hanson and bestow the award.  The award was instituted by the Fresno County Women Lawyers and honors an attorney who best exemplifies traits that Justice Hanson lived and encouraged, such as integrity, leadership, and the pursuit of excellence in the legal profession.

Fresno, CA July 10, 2014 – McCormick, Barstow, Sheppard, Wayte Carruth LLP is proud to announce that 31 of its attorneys have been named 2014 Northern California Super Lawyers, and 10 attorneys were recognized as Rising Stars in their respective fields.  For the 11th consecutive year, McCormick Barstow attorneys have been honored for their high degree of peer recognition and professional achievement.  MCCORMICK BARSTOW PARTNER TIM BUCHANAN SPEAKS AT LAW DAY YOSEMITE 2014

Yosemite National Park played host to gateway elementary schools to celebrate Law Day 2014.  This year s event, sponsored by the U.S. District Court for the Eastern District of California, Yosemite Division and the San Joaquin Valley Chapter of the Federal Bar Association, focused on the 150th anniversary of the Yosemite Grant Act of 1864. SCOTT M. REDDIE WINS APPEAL IN VEHICLE CELL PHONE USE CASE

In a published opinion, a unanimous three-judge panel of the Fifth District Court of Appeal has concluded that the California Vehicle Code only prohibits a driver from holding a wireless telephone while conversing on it.  The statute does not apply to other uses of a wireless telephone, including looking at a map application.  In so holding the court agreed with briefs filed by McCormick Barstow partner Scott M. Reddie, a State Bar-certified specialist in appellate law.

After seven years of litigation a federal district court has ruled that Google s ambitious library scan project, under which 20 million books have been digitally copied and catalogued, is fair use under the federal copyright laws, ending pending appeal a massive infringement class action brought by an authors group. The article analyzes the court s reasoning here in the context of the prevailing doctrine of transformative uses which can lead to unpredictable outcomes as technology finds creative new ways to copy materials and copyright holders struggle to keep their rights secure.   

Courts have allowed contracting parties to shorten statutes of limitations if they are commercially sophisticated and no public policy is violated.  But until recently, no court had held parties to a construction contract may shorten the limitations period in which to bring a claim for latent construction defect.FARM LABOR CONTRACTOR DEFENDS AG OVERTIME

One of the most difficult wage and hour issues for agricultural employers is where the 10 hour workday for field work ends, and where the 8 hour work day for preparing agricultural commodities for market begins.VICTORIA BERNHARDT TO BE NAMED PRO BONO ATTORNEY OF THE YEAR

Fresno, CA April 23, 2013 – McCormick Barstow Sheppard Wayte Carruth is pleased to announce that Victoria R. Bernhardt will be named Pro Bono Attorney of the Year at the Fresno County Bar Association s Law Day event on May 8, 2013.  The Law Day event will be held from noon to p.m. at the Radisson Hotel and Conference Center.

Fresno, CA February 19, 2013 –McCormick, Barstow, Sheppard, Wayte Carruth, LLP attorneys Todd W. Baxter, Jay A. Christofferson and Daniel E. Witte are contributing authors of a new legal treatise entitled Neighbor Disputes:  Law and Litigation.   The book, published in January of 2013 by Continuing Education of the Bar CEB, is designed the help lawyers successfully handle the most common to the most complex neighbor disputes.MCCORMICK BARSTOW CLIENT S AWARD INCREASED TO 4.8 MILLION DOLLARS

Madera, CA January 31, 2013 – In a hearing this afternoon in the Madera County Superior Court, Dr. Muhammad Anwar was awarded an additional 1,514,289.40 in costs of suit and prejudgment interest, on top of the 3,300,000 awarded to Dr. Anwar by a Madera County jury on November 8, 2012, against the State of California and the California Department of Corrections and Rehabilitation.HE S PART OF AN ELITE IPOD

McCormick Barstow s, Richard Strong, is quoted in an article, featuring his son on the front page of the Fresno Bee.  Richard s son, Jeffrey, is a part of the Marine Band playing at the 57th Presidential Inauguration.

Fresno, CA January 17, 2013 –McCormick Barstow is pleased to announce Anthony Raimondo, Timothy Sullivan and Daniel Wainwright have been recognized by Martindale-Hubbell as the firms newest AV Preeminent Peer Review Rated attorneys.  The Martindale-Hubbell Peer Review RatingsTM is a complimentary service to the bar that enables members of the legal community to benefit from the candid and objective peer-to-peer feedback of other lawyers.

The California Supreme Court has overruled one of its own decisions from more than 75-years ago that adopted a limitation on the fraud exception to the parol evidence rule.   In a decision issued on January 14, 2013 RiverIsland Cold Storage, Inc. v. Fresno-Madera Production Credit Association, California Supreme Court case number S190581, the Supreme Court concluded that its prior decision in Bank of America etc. Assn. v. Pendergrass 1935 4 Cal.2d 258 was ill-considered and an aberration.  MCCORMICK BARSTOW CLIENT AWARDED 3.3 MILLION DOLLARS

Fresno, CA November 9, 2012 – A Madera County jury awarded surgeon Muhammed Anwar, M.D. 3.3 million dollars on November 8, 2012 in his suit against California s Department of Corrections and Rehabilitation.   Dr. Anwar was represented by attorney Mike Ball of Fresno s McCormick, Barstow, Sheppard, Wayte Carruth law firm.MCCORMICK BARSTOW ANNOUNCES NEWEST PARTNER

Fresno, CA September 25, 2012 – McCormick, Barstow, Sheppard, Wayte Carruth LLP is pleased to announce Joseph Doerr as Partner with the firm.  Mr. Doerr s practice concentrates in tax planning, tax litigation, and business transactions. MCCORMICK BARSTOW LLP ANNOUNCES SUPER LAWYERS AND RISIING STARS 2012

Fresno, CA July 10, 2012 – McCormick, Barstow, Sheppard, Wayte Carruth LLP is pleased to announce 23 attorneys have been selected as Northern California Super Lawyers for 2012. Six of the 23 attorneys have also received distinction in the Top 100 Attorneys in Northern California. MCCORMICK BARSTOW BUILDING RELATIONSHIPS IN NEVADA

Fresno, CA July 2, 2012 – McCormick, Barstow, Sheppard, Wayte Carruth LLP is featured in Nevada Lawyer.  Published by the State Bar of Nevada, Nevada Lawyer s mission is to publish items of interest and importance to the Nevada legal community and to provide a forum for thoughtful and respectful commentary on current issues affecting their members.EMPLOYEE CAR CRASH COVERAGE RULES AND SELF-HELP TIPS

It doesn t matter whether a business oversees a fleet of vehicles or just one or two company cars.  It doesn t matter if an employee driver was in a MIST accident – minor impact, soft tissue – or a major pileup.  All it takes is one lawsuit for a company to learn the hard way that there are some common misconceptions involving employee-operated automobiles on the job.  But a little self-help before the inevitable employee car crash can go a long way in limiting the exposure of the company and its insurer to expensive claims and suits.MCCORMICK BARSTOW CFO MICHAEL GRAVES HONORED AS A TOP DOG

Fresno, CA June 25, 2012 – McCormick, Barstow, Sheppard, Wayte Carruth LLP is pleased to announce Mr. Michael Mike Graves has been recognized by the Fresno State Alumni Association as a 2012 Top Dog for  Mike s representation of the Henry Madden Library.CLIFFS NOTES FOR SMALL CALIFORNIA EMPLOYERS: LEAVES OF ABSENCE

Employees are entitled to various leaves of absence and time off work under both state and federal law. Many employers, particularly small employers, are unaware of the extent and in some instances even the existence, of various rights employees have to leaves of absence and time off from work.  What follows is an abbreviated version of California employers legal obligations to provide leaves and time off from work for small businesses, i.e., those employing fewer than 25 employees.MCCORMICK BARSTOW BREAKS GORUND ON NEW OFFICE BUILDING

Fresno, CA June 5, 2012 - McCormick, Barstow, Sheppard, Wayte Carruth LLP celebrated with a ground breaking ceremony today at the site of their new office building to be located on the northwest corner of El Paso and Fresno Streets.  Working with Zinkin Development, the firm broke ground on a new 68,000 square foot three story office building that will be able to comfortably house 105 attorneys.  McCormick Barstow will lease the building from Zinkin Development in the late fall of 2013.MCCORMICK BARSTOW LLP ANNOUNCES RELOCATION

Fresno, CA March 22, 2012 - McCormick, Barstow, Sheppard, Wayte Carruth LLP will relocate its Fresno office to a new development located on the Northwest corners of El Paso and Fresno Streets in the fall of 2013.MCCORMICK BARSTOW AND KVPR: PARTNERS IN PROMOTING PUBLIC RADIO

Fresno, CA April 16, 2012 - McCormick, Barstow, Sheppard, Wayte Carruth LLP is partnering with Public Radio station KVPR to raise funds for the valley station.  McCormick Barstow is one of the sponsors for Valley Public Radio s 2012 Wine Tasting on Sunday, May 6, 2012 at the Lester Estate in Fresno.MCCORMICK BARSTOW LLP HONORS MR. TOM TRAN

Fresno, CA April 16, 2012 - McCormick, Barstow, Sheppard, Wayte Carruth LLP is a proud supporter of HandOn Central California and recently honored Mr. Tom Tran for his outstanding achievement as a student volunteer.CALIFORNIA SUPREME COURT ISSUES LONG-AWAITED MEAL PERIOD DECISION

On April 12, 2012, the California Supreme Court issued the highly anticipated decision in Brinker Restaurant Corp. v Superior Court,  a case that provides badly needed clarification with respect to employers obligations to provide meal and rest periods.  Unfortunately, especially for agricultural employers, the decision leaves some critical issues unresolved that will create confusion regarding management and rest breaks on farms and ranches.EMPLOYMENT LAW AND REGULATIONS: WHAT S NEW FOR 2012

As most California employers have learned by now, it is getting more and more difficult to own a business in California due to the ever-increasing employee-friendly laws that make extortion lawsuits convenient and perfunctory, even with the most justified of terminations. To minimize exposure, it is important for employers to understand and comply with what, for most, is a complicated area of law. A large part of this strategy requires that employers stay up to date on new legislation and case authority in the realm of labor and employment law. The following is non-exhaustive summary of new laws and cases that will affect most employers.SUBPOENANING ONLINE RECORDS: WHY AND HOW TO FIND AN ANONY

By now, it s likely that most attorneys have figured out that unmasking an anonymous Internet speaker Anony seems impossible.  It is also just as likely that the list of questions regarding how to reveal an Anony, so they can be pursued for damages or served with an injunction, is still longer than the list of answers.Subpoenaing Online Records: Why and How to Find an Anony

By Scott E. Chapman, Esq., MBA, CIPP

By now, it s likely that most attorneys have figured out that unmasking an anonymous Internet speaker Anony seems impossible Originally published in the COMMUNIQUÉ November 2011, Vol. 32, No. 11, the official journal of the Clark County Bar Association.CHASING RAINBOWS: THE QUEST FOR THE PERFECT ARBITRATION CLAUSE

A recent Ninth Circut opinion again points up the need to draft arbitration clauses carefully and specifically, to capture the client s objectives in considering a suitable alternative forum to resolve disputes over the contractual relationship.  If the parties want the arbitator to follow legal athorities, they not only need to specify that in the clause but also need to avoid incorporating fereral law.  Other issues such as the form of decision, the scope of discovery, and the scope of court review also need to be discussed with the client and not simply presumedIS YOUR BLOG AN ADVERTISMENT.

Searching for information on the Internet has become commonplace. People use search engines to locate sources for goods and services of all descriptions, including legal services. People also use the Internet as a source of information to educate themselves about topics and issues that concern us in our personal lives and professions.  Much of the time, when we receive our search results, the list contains several blogs.UNDERSTANDING THE MEDICARE SECONDARY PAYER ACT

For those of you who have had any contact with the Medicare Secondary Payer Act recently, you understand the ridiculousness of the title of this article.  No matter the amount of time spent delving into the details in the Medicare Secondary Payer Act no one, not even Medicare itself, could possibly understand all of the requirements of the Act.  So much so, that there are currently bills before the Senate and House of Representatives written to hopefully clarify some of these issues and make the process of resolving claims involving Medicare beneficiaries more efficient.

Education. University of San Francisco School of Law, San Francisco, California Juris Doctor – December 20, 1986; California Polytechnic State University, San Luis.

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