Mark K. Kitabayashi is the Managing Partner of Lozano Smith's Los Angeles office. He is a trial attorney with more than 30 years of litigation experience representing state and local agencies, predominantly in the areas of employment discrimination law, Constitutional disputes, local government issues, labor and employment, contracts, business, and construction matters. Mr. Kitabayashi also handles employment/personnel cases, including employee disciplinary hearings, grievances, EEOC/DFEH Complaints, and appeals. He has also engaged in hundreds of mediations and arbitrations, successfully resolving matters before they result in protracted and expensive litigation.
Mr. Kitabayashi has taught several seminars to attorneys and clients on the following topics: How to Take and Defend Depositions; How to Take and Defend Expert Depositions; Overview of Discovery Practices and Strategy in Civil Litigation; Preparing for and Handling Arbitrations; Proper Billing Practices for Attorneys; and Monitoring and Controlling Outside Counsel's Billing Practices.
Mr. Kitabayashi received his J.D. from the University of Southern California in 1986. He was admitted to the California State Bar that same year. He earned a B.A. from the University of California, Los Angeles, in 1983.
He is admitted to practice before the U.S. Court of Appeals and the U.S. District Court, Eastern and Central Districts.
In Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (Apr. 30, 2018, No. S222732) ___ Cal.5th ___, the California Supreme Court adopted a new test for determining whether a worker should be considered an employee or an independent contractor for the purposes of wage orders adopted by California’s Industrial Welfare Commission (IWC). Under this new test—called the “ABC test”—a worker is presumed to be an employee unless ...
You may have experienced the following situation working for a local public agency. You open your mail and you see a document entitled “Litigation Hold.” An attorney wants your employer to preserve records for discovery in a legal dispute, including emails and other electronic data. Initially, you have no idea where relevant emails and data might be kept, whether they are even being saved or what policies are in place regarding the retention of emails and other electronically s...
A new California Supreme Court ruling clarifies how litigants may use a tool intended to fight lawsuits filed to chill free speech. In Park v. Board of Trustees of the California State University (May 4, 2017, No. S229728) ___Cal.5th___ (Park), the Court clarified and simplified the analysis for determining whether a plaintiff's cause of action is one "arising from" constitutionally protected activity for purposes of a motion to strike a civil complaint on the basis tha...
In J.M. v. Huntington Beach Union High School District (Mar. 6, 2017, No. S230510) ___ Cal.5th ___ 2017 [Cal. LEXIS 1609] < http://www.courts.ca.gov/ opinions/documents/S230510.PDF >, the California Supreme Court determined a high school football player was not entitled to court relief for his personal injury claim against a school district because he failed to strictly comply with the timelines spelled out in the California Government Claims Act (Act), often r...
Resolving a statewide split in authority, the California Supreme Court has clarified the scope of California's anti-SLAPP provisions (Code Civ. Proc., § 425.16, et seq.), which prohibit efforts to chill free speech and access to the courts, and their application to causes of action arising from protected and unprotected activity, often called "mixed causes of action." In Baral v. Schnitt (August 1, 2016, No. S225090) __ Cal.4th __ <http://www.courts.ca.gov/op...