Alastair J. Agcaoili
David Zaft
David Zaft
zaft@caldwell-leslie.com
"I can think of nothing more gallant, even though again and again we fail, than attempting to get at the facts, attempting to tell things as they really are. For at least reality, though never fully attained, can be defined. Reality is that which, when you don’t believe in it, doesn’t go away."
David Zaft believes that the two keys to successful litigation are a commitment to service and a focus on excellent work. Mr. Zaft joined Caldwell Leslie in 2005 after clerking for the Honorable Dean D. Pregerson, U.S. District Court. During this time, he has represented clients in complex multi-party matters involving a variety of fields, including environmental, entertainment, employment and franchise law, and criminal defense. Like everyone at Caldwell Leslie, Mr. Zaft utilizes a smart, efficient litigation strategy that achieves results that best serve his clients’ litigation and business needs. In 2009, Mr. Zaft was honored as a “Southern California Super Lawyer Rising Star” by the publishers of Los Angeles magazine and Law and Politics magazine. Mr. Zaft is also the recruitment coordinator for the firm.
While Mr. Zaft’s practice is diverse, his primary focus is on environmental and administrative law. Mr. Zaft’s environmental work has included appealing the U.S. Forest Service’s 2004 Land Management Plans for the southern California National Forests, negotiating access agreements to facilitate a complex environmental assessment and remediation project, advising clients about CEQA compliance, and litigating groundwater contamination disputes.
Mr. Zaft is a 2004 graduate of the Boalt Hall School of Law, where he specialized in environmental and administrative law and economic analysis. He was a member of the Ecology Law Quarterly and worked for numerous environmental organizations, including the Earthjustice Legal Defense Fund, the Foundation for International Environmental Law and the California State Resources Agency. Upon graduation, Mr. Zaft was elected to the Order of the Coif. While at Berkeley, Mr. Zaft also obtained a masters degree in public policy.
A native of Michigan, Mr. Zaft previously enjoyed a rewarding career in the traditional foods trade. He promoted small American cheesemakers, launched a catalog business for a renowned Midwestern Jewish deli, and taught food classes and gave farm tours to scores of employees and customers.
Representative Cases
Following the issuance of a highly unorthodox and burdensome order by the Regional Water Quality Control Board, Mr. Zaft filed an appeal with the State Water Board on behalf of his client in which he highlighted numerous defects in the order, including the lack of statutory authorization for the agency action. After the State Water Board stayed the Regional Board’s order, Mr. Zaft and his client were able to obtain a compromise which was consistent with the client’s original proposal.
In a series of cases involving a botched real estate deal, Mr. Zaft, along with Chris Caldwell and Joan Mack, “parachuted” in to defend the widow of a successful entrepreneur who had been sued by the would-be purchaser of a commercial property and who was then abandoned by her original attorneys on the eve of trial. After quickly getting up to speed and assessing the client’s exposure at trial, the litigation team was able to settle the case and then bring a professional negligence action against the widow’s professional advisors. Mr. Zaft’s work resulted in a second settlement that reimbursed the client for substantially more than she paid to resolve the original case.
Mr. Zaft, along with Chris Caldwell, brought a motion in district court to dismiss a lawsuit filed by a paparazzo alleging that the producers of a popular television crime drama caused his arrest and subsequent mistreatment in jail, and defamed him in subsequent statements related to his arrest. The firm also brought an anti-SLAPP motion based on the plaintiff’s defamation claim. Judge Audrey Collins granted the motion to dismiss with prejudice and also granted the anti-SLAPP motion, awarding attorney’s fees.
Mr. Zaft obtained summary judgment for his client against a plaintiff seeking substantial damages based on injuries he sustained while employed by the client’s contractor. Mr. Zaft’s strategy involved paring back the plaintiff’s causes of action on the pleadings, and focusing discovery to reveal the facts that would allow his client to successfully argue that the remaining claims were precluded by the California Supreme Court’s holding in Privette v. Superior Court, 5 Cal.4th 689 (1993).
Mr. Zaft has successfully represented a Fortune 500 company in disputes with its franchisees, including one case involving the Federal Petroleum Marketing Practices Act where he was able to get his client dismissed at the pleading stage, and another case where his work contributed to a favorable settlement against a franchisee who prematurely debranded three of his gas stations in violation of his franchise agreement.
Education and Honors
J.D. University of California at Berkeley, 2004
Order of the Coif
Member, Ecology Law Quarterly
M.P.P. University of California at Berkeley, 2004
Goldman School Merit Fellowship
Class Representative (2000-01)
B.A. University of Michigan, 1994
Clerkship
Law Clerk, Honorable Dean D. Pregerson, U.S. District Court for the Central District of California, 2004-05.
Professional Achievements
Member, California State Bar; U.S. District Court, Central District of California
Member, California Bar Association, Environment Section; Los Angeles County Bar Association, Environment Section, Litigation Section
