Andrew “Drew” Smits represents corporations, businesses and individuals in a broad spectrum of civil and business-related litigation in state and federal courts with an emphasis on ownership and control disputes among business owners, breach of contract, business torts, including fraud, misappropriation of trade secrets, trademark infringement and unfair competition, and real estate-related disputes.

Drew provides zealous advocacy with efficiency and a client-first approach. 

LITIGATION APPROACH

A litigator who takes cases to trial.

Drew approaches cases differently than other law firms who simply litigate. He accepts a case assuming that he will take it to trial. From the outset, he prepares for trial by focusing on the essential evidence necessary to prevail. This approach is efficient and avoids expensive discovery disputes. Furthermore, his ability to try a case sets him apart from many lawyers, who may be skilled at pre-trial litigation but not as effective at presenting complex legal and factual matters to a jury or judge.

As a trial lawyer, he keeps one eye on the trial court and another on the court of appeal, where he also argues cases. His appellate court experience has been valuable in informing his approach to preparing for and conducting trials.

His trial advocacy skills include an Advocate Certification issued by the National Institute of Trial Advocacy (NITA).

PRACTICE AREAS

Representing both plaintiffs and defendants in business and real estate litigation.

RESULTS

Examples of the breadth and nature of the matters handled and the results achieved for the clients.

Complex Business Trial and Creditors’ Rights in Bankruptcy

Obtained a defense verdict in a two-week jury trial for a national bakery corporation who faced a multi-million dollar claim based on breach of contract and fraud; collected a six-figure attorney fees award after protracted post-judgment enforcement proceedings involving dismissal of the judgment debtor’s bankruptcy case and a state court action based on fraudulent conveyance law.

Business Jury Trial

Obtained a six-figure insurance bad faith verdict in his first jury trial in favor of his client, a water well drilling and service company, and against the client’s insurance company, where the insurance company had abandoned its insured and failed to resolve a personal injury claim that could have financially ruined the client.

Complex Litigation

Obtained multiple judgments against not only corporations for their debts, but also against the corporations’ owners based on the “alter ego” theory of liability, piercing the corporate veil and making the corporations’ owners liable for the debts of the corporation.

Business Tort Litigation and Trial for Products Liability and Fraud 

Represented plaintiffs in a products liability and fraud case and obtained a six-figure judgment plus punitive damages. Thereafter, the defendant filed for bankruptcy protection to avoid the judgment; however, Drew filed a nondischargeability action against the defendant and prevailed in the Santa Rosa bankruptcy court, which allowed his clients’ fraud judgment to survive the bankruptcy and remain enforceable against the defendant.

Complex Litigation Involving Civil, Probate, and Family Law Issues 

Defended trustee of an estate valued at several million dollars in a civil case brought by the widower of the deceased seeking to void a pre-marital agreement and claiming over $1 million in damages; obtained dismissal of the civil action, an award of all attorney fees and costs, and prevailed in a counter-action filed in probate court, requiring the widower to return over a hundred thousand dollars in property that he misappropriated from the estate.

ABOUT

Prior to opening his own law office in 2001, Drew practiced in highly-regarded, boutique business litigation firms located in Orange County, representing a wide-variety of corporate and individual clients in California state and federal courts. This experience included litigating creditors’ claims in bankruptcy court. Relatively early in his career, Drew also represented a publicly traded company in New Jersey Chancery Court (admitted pro hac vice), which involved extensive discovery and depositions in the United Kingdom and several states.

Education

Loyola Law School, Los Angeles (J.D., 1989)

University of California, San Diego (B.A., Management Science, 1986)

Bar and Court Admissions

California State Bar

United States Court of Appeals for the Ninth Circuit

United States District Court for the Central District of California

United States District Court for the Southern District of California

United States District Court for the Northern District of California

United States District Court for the Eastern District of California

Professional Organizations

Association of Business Trial Lawyers, Orange County Chapter

Orange County Bar Association, Business Litigation Section

California Lawyers Association, Litigation Section

CONTACT

Law Offices of Andrew A. Smits

36 Executive Park, Suite 160

Irvine, California 92614-4794

Telephone: (949) 833-1025

Email: asmits@smits-law.com