Ben Morton is a litigator with twenty years’ experience representing clients in both the state and federal courts as well as in arbitration and mediation proceedings. He is a partner and a member of the firm’s Commercial Litigation, Consumer Defense, Banking & Finance and Tort and Product Liability practice groups. Mr. Morton works principally from the firm’s Southern California offices and represents clients throughout the state of California. He also serves as coordinating counsel for institutional clients litigating in other states.

Mr. Morton is the Co-Managing Partner of the firm's Carlsbad office located in North San Diego County. He is also the chair of the Consumer Protection Defense and Banking and Finance practice groups, and regularly defends clients against federal and state consumer claims brought individually and as class actions, including the FDCPA/Rosenthal, FCRA, TCPA, FCRA, CLRA, Rees Levering, UCL (B&P 17200), SCRA and others.

As a member of the Bankruptcy and Creditor’s Rights and Banking and Finance practice groups, Mr. Morton represents financial institutions, including multinational and regional banks, credit unions, mortgage lenders and financial services companies. His practice includes the handling of matters related to lender liability; TILA, Regulation Z and RESPA compliance; real and personal property financing and leasing; receiverships; commercial collection; collateral recovery; real and personal property foreclosures; bankruptcy; loan workouts and other matters related to lender’s rights.

In his Commercial Litigation practice, Mr. Morton handles complex commercial disputes at both the state and federal level, including class action defense. Generally, his practice includes defending and prosecuting litigation involving contractual disputes; claims under California’s Unfair Competition Law; director and officer liability, securities cases, defense of life insurance and financial services companies and insurance and annuity sales practices.

Mr. Morton's tort and product liability experience includes catastrophic injury and wrongful death cases arising from premises and product liability in, among others, the pharmaceutical, construction, public utility, transportation, medical device, and retail industries.

Mr. Morton has also represented clients in employment disputes involving wrongful termination, discrimination, harassment and wage and hour matters.

Admissions

California
U.S. District Courts, California
U.S. District Court of Appeals, Ninth Circuit
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Eastern District of Michigan
U.S. District Court, Northern District of Texas

Memberships

Trial Attorneys of America
San Diego County Bar Association
Equipment Leasing & Finance Association, Motor Vehicle Subcommittee

Representative Experience

• Obtained dismissal with prejudice of an unfair debt collection case where a father claimed the Department of Child Services wrongfully seized his bank accounts for alleged unpaid child support payments and the bank consented to the seizure.
• Obtained summary judgment in the Southern District of California on behalf of credit union in a trade secret and breach of contract case wherein the credit union was alleged to have misappropriated an overdraft protection program. 
• Obtained nominal settlement for financial institution following motions in limine that resulted in plaintiff’s inability to make a valid claim under California’s Consumer Legal Remedies Act
• Successfully obtained dismissal of two Mexican corporations from a contractual action in the Southern District of California on the grounds of inconvenient forum.
• Successfully resolved a catastrophic truck collision case where the client/driver was at fault and plaintiff suffered traumatic brain injury.
• Successfully resolved catastrophic injury case on the part of a utility company whose driver was involved in a collision with a pedestrian.
• Successfully resolved injury case on the part of a banking institution whose customer was injured following a collision with automated doors.
• Obtained complete dismissal of Fair Credit Reporting Act action against a banking institution following a motion to dismiss in the Northern District of California.
• Won six figure judgment for mortgage lender client following trial in an action in the Orange County Superior Court against a loan broker who submitted false borrower application.
• Prevailed on appeal on behalf of financial services client who had successfully obtained summary judgment against a commercial guarantor in the underlying state court proceedings.
• Obtained summary judgment on behalf of a credit union client who had been sued in the Orange County Superior Court by a member who claimed the credit union improperly honored a $100,000 check after a stop payment was placed on the check.
• Obtained nominal settlement for bank manager alleged to have been negligent in the handling of a $300,000 check negotiated by a third party and drawn on a bank customer's account.
• On behalf of a captive financial services company, obtained a $2 million dollar judgment following a summary judgment motion against multiple guarantors of the commercial debts of a transport company in the United States District Court, Northern District of Texas.
• Obtained successful six figure verdict following trial in the Orange County Superior Court on behalf of credit union client establishing successor liability for commercial debts against acquirer of grocery market.
• Successful verdict following trial in the amount of $275,000 in favor of client in dispute involving the purchase of a high end residence in San Clemente, California.
• Obtained dismissal with prejudice following demurrer on behalf of mortgage lending client of two TILA actions brought in Los Angeles and Riverside Superior Courts.
• Obtained dismissal following motion to dismiss of adversarial action brought in Northern District Bankruptcy Court on behalf of mortgage lending client.
• Obtained nominal settlement for securities broker client on $1.2 million securities case in San Diego County Superior Court
• Obtained favorable settlement for pharmaceutical client in case involving dispute with drug product manufacture over the development of generic equivalent of an established chemotherapy product.
• Obtained substantial settlement for financial services company in dispute with borrower and luxury motor home dealer
• Obtained dismissals of numerous “pain pump” product liability actions on behalf of pharmaceutical clients filed in San Diego County Superior Court.
• Won motion for summary judgment against a guarantor of a large commercial debt who claimed he was fraudulently induced into the guaranty.
• Obtained dismissal following demurrer of mortgage fraud action filed by borrower against mortgage lending company in the complex division of the Orange County Superior Court.
• Obtained dismissal for a nominal settlement payment of class action TILA case on behalf of mortgage lending client in the complex division of the Los Angeles Superior Court.
• Obtained summary judgment in the Southern District of California on behalf of a financial institution alleged to have violated the Fair Credit Reporting Act and defamed the plaintiff.
• Successfully resolved an indemnity cross claim on behalf of financial institution client, resulting in 90% of the client's legal fees being paid by the cross-defendant, a credit reporting institution.

The Holder Rule Means What It Says: California Appellate Court Rejects Limitations Other Jurisdictions Read Into Rule, Gordon & Rees appellate publication, March 2013.