FRANCIS T. (TED) DONOHUE
Direct Dial: (949) 435-4339
Facsimile: (949) 435-0226
Primarily (90%) litigation and trial practice in California State Courts and Federal Courts. Concentration in environmental, real estate and construction litigation, as well as general business litigation including contract disputes, employment law, partnership law, corporate law, securities/commodities reparation law, and disabled access (ADA) law. The other 10% of his practice is in transactional law: drafting and advising clients on leases, environmental remediation agreements, and construction contracts. Admitted to California Bar 1982. Admitted to New York Bar 1983.
Description of Practice:
Ted Donohue has the unique background of being a practicing attorney in Southern California with 25 plus years of trial, appellate, and litigation experience in civil litigation, including construction disputes, environmental contamination and toxic tort litigation, and a general business practice, while at the same time having extensive training in the physical sciences, environmental sciences, and toxicology. Dr. Donohue holds a B.S. in Physics; M.A. in Social Ecology; and a Ph.D. from the University of California, Irvine School of Social Ecology where he studied Environmental Health Science and Public Policy, completing his doctoral dissertation on the use of alternative dispute resolution methodologies (such as arbitration and mediation) to resolve environmental contamination disputes. He has also co-chaired a task force of the American Arbitration Association to draft the Associations' Mediation and Arbitration Rules for Environmental, Natural Resources, and Land Use Disputes. Ted is a member of the California and New York State Bars. He is also a member of Mensa and Mensa’s Alternative Dispute Resolution SIG.
• Meyer v. Berger $1.2 Million dollar verdict for plaintiff in commercial case of breach of loan for $73,000. (12 day jury trial.)
• MBK Celamonte v. Lawyers Title Insurance Corp. $1.6 Million judgment on title insurance claim. Case went through to a nine
day bench trial and appeal.
• Nissho v. Bond Safeguard Bench trial on disputed claims by contractor against multiple subdivision labor and material
bonds. Key issues concerned the scope of the bonded work.
• Sunwest Electric v. ALY Successful defense of project owner and bank against consolidated lawsuits by subcontractors
bringing mechanic lien claims.
• Luttrell v. City of Irvine Landslide on client’s property caused by construction activity on neighboring property. Claims were for
inverse condemnation against City and negligence against contractor. Matter went to two week jury trial and resulted in
verdict/judgment in excess of $1 Million.)
• Rutherford v. Centex Week long arbitration for homeowner over construction defects and defective slope construction that
resulted in a six figure award in favor of single homeowner.
• Confidential Successful Defense of breach of fiduciary duty and fraud claims of approx. $2.6 million dollars in partnership
dispute between land developers. (3 panel AAA arbitration)
• Hidalgo v. Chrome Crankshaft Successful Defense of $7 Million claim for personal injury claims and injunctive relief based on
Hexavalent Chrome contamination of residential neighborhood and elementary school grounds.
• CMH Environmental v. MBK Aragon Successful defense of claims by drilling company for alleged $600,000 in costs overruns
on closing oil wells and allocation of risk for “down-hole” conditions. (Five day arbitration)
• WPSC v. Shell $5 Million judgment, plus future costs of remediation, in CECLA federal action against major oil companies for
waste disposal during World War II.
• Estate of Wolff Prosecuted to favorable settlement distribution claims by beneficiary and issues over the ownership of
property improperly placed in the estate.
• Lawrence v. Hart Successful defense of claim against trustee alleging mishandling probate and trust funds.
• United Western Medical Centers v. Belvedere Health Partners Successful defense of claims against officers of hospital
management company involving allegations of malfeasance, embezzlement, and breach of contract.
• Electrend v. Airport Village Bench trial and judgment enforcing specific performance of contract for sale of real property.
• Kurtz v. Yardley Successful defense of $5.6 Million claim against officers of hospital for alleged breaches of fiduciary duty and
• Main Street v. TradeLine Brokers Successful defense of $1.5 Million claim for misappropriation of trade secrets and breach of
covenant not to compete. (8 day jury trial)
• Husen v. Brookfield Homes (provided second opinion analysis for settlement terms for homeowner on arbitration over
defective construction and slope movement.
• Successful defense of case against specialty coatings applier for alleged failure of a coating system where damages alleged
to be $700,000. Case dismissed after close of 5 day bench trial.
• Successful defense of environmental contamination claim against gas station maintenance employee.
• Bench judgment for breach of advertising placement contract.
• Multiple trials on breach of lease cases and lease collection cases.
• Defense of over 200 contractor and subcontractor claims against real estate developer and its multiple development entities
resulting from real estate crash after the 2008 bankruptcy of Lehman Brothers.
Has represented a variety of clients, from individuals to mid and large size corporations and real estate development companies including SunCal Companies, ALY Construction, Birtcher Construction, Pinnacle Communities, DBL Construction, WPSC (FDIC Receivership), MBK Construction, Techcoat Contractors, TradeLine Brokerage Services, J&S Chrome Plating Co., Magnolia Partners, Betz Properties, Bond Safeguard Insurance Company, Western Insurance Company, and Beauchamp Enterprises.
Ph.D., 1997 - University of California, Irvine, School of Social Ecology; concentration of research in Environmental Health, Science, and Public Policy. Dissertation topic: Use of Alternative Dispute Resolution Methodologies in the Remediation of Hazardous Waste Contaminated Sites.
M.A., 1992 - University of California, Irvine. School of Social Ecology concentration in Environmental Analysis and Design. Master Thesis: The "NIMBY" Phenomenon As Moderated By Size Of Facility And Perceived Equity: Is Fair Share and "YIMBY" The Answer to "NIMBY"?
J.D., cum laude, 1982 - Pace University School of Law, New York. Rank: Top 5% of class. Member Pace Law Review Editorial Board.
B.S., 1976 - Saint John Fisher College, New York. Major: Physics, Minor: Accounting Dean's List, Class President.