For almost 20 years, Jason Kirby has represented hundreds of clients in litigation cases throughout Southern California.  Kirby's primary practice areas are business litigation and real estate litigation, but he has handled almost every type of civil case at some point during his career.    

Kirby is a trial lawyer.  He considers himself both a plaintiff's lawyer and a defense lawyer.  He has tried numerous cases on each side of the courtroom.  He remains convinced that doing both plaintiff's work and defense work gives him a better perspective on the evidence and strategy in every case.      

Kirby has been rated AV Preeminent® by Martindale-Hubbel® from 2013 through 2020, which reflects the highest level of professional excellence.  His rating is measured by local lawyers that have worked with him and against him on his cases.  His rating and lawyer feedback about him is publicly available at www.martindale.com.  Kirby has also been consistently listed as one of the Top Lawyers for Business Litigation by San Diego Magazine.

While in law school, Kirby interned as a full-time law clerk at the San Diego Superior Court for the Honorable J. Richard Haden (Ret.).  In 2001, Kirby started his career at Post Kirby Noonan & Sweat, then one of the top civil litigation firms in San Diego for trial lawyers.  In 2007, Kirby was admitted into that partnership.  Kirby remained a partner until the firm split-up in 2016.  He and his father then started their own firm, KIRBY & KIRBY LLP.  During his career, Kirby has published more than 10 times by writing articles for the Association of Business Trial Lawyers and Trial Bar News.          

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Real Estate

Kirby won a defense jury verdict in the San Diego Superior Court, North County, defending elderly home sellers against the buyers' allegations that they failed to disclose plumbing leaks and mold conditions in the sale of their multi-million home in Rancho Santa Fe.  The plaintiffs alleged that defendants failed to make full and truthful disclosures in the Real Estate Transfer Disclosure Statement (California Civil Code Section 1102)(C.A.R. Form TDS) and in the Seller Property Questionnaire (C.A.R. Form SPQ).  Plaintiffs alleged that their failure to disclose these issues in the TDS and SPQ constituted fraud, active concealment, and breach of the California Residential Purchase Agreement.  The jury rejected all theories of liability against Kirby's clients.  After the jury's verdict, the trial judge awarded Kirby's clients more than $400,000 in attorneys' fees and costs.

Kirby represented the developer of real property in Sorrento Valley to construct the FBI's new office complex.  Resolving the litigation through settlement cleared the way for construction to proceed.  Kirby was invited to attend the grand opening of the new FBI facility after it was built.

Kirby represented the general partner in a real estate investment partnership concerning the acquisition and development of three unrelated parcels in Arizona.  The case was eventually resolved before trial by way of a confidential settlement.

Kirby represented a land developer to help enforce his option contract to purchase residential lots.  The case was resolved by settlement and cleared the way for a new housing development to move forward.

Kirby represented the developer of real property in Carlsbad that had finished a build-to-suit construction for the new 24 Hour Fitness.  More than $500,000 was awarded to Kirby's client.

Business

Kirby won an arbitration defending the sellers of a multi-million business against the allegations of a mergers and acquisition (M&A) company that demanded it receive a $4 million commission due under its written contract with the sellers, even though the M&A company did not hold a broker-dealer license or real estate broker license.  Kirby's clients also prevailed on their cross-claims in the arbitration which resulted in a six-figure damage award.  After the arbitration award was decided, the arbitrator awarded Kirby's clients more than $1 million comprised of damages, pre-judgment interest, attorneys' fees, and costs.

Kirby won a defense arbitration award for the purchaser of a dental practice in La Jolla after it was discovered that the seller had misrepresented the actual financial condition of the dental practice in the sale transaction.  The purchase contract was rescinded based on the seller's fraud.

Kirby won an employment arbitration wherein the former Chief Executive Officer (CEO) of a medical device company was wrongfully terminated.  More than $500,000 was awarded to the former CEO for damages and attorneys' fees.

Kirby represented a pharmaceutical company that had been sued in Florida.  The suit was compelled to arbitration pursuant to the parties' contract.  A three judge arbitration award found for Kirby's client on all defenses and awarded damages to his  client.

Sexual Abuse

Kirby won a $2.1 million jury verdict in the San Diego Superior Court against the San Diego Unified School District and its former teacher and coach, Toni Sutton.  The teacher and coach had sexual relations with the student in her classroom.  Kirby's client alleged that the school district negligently supervised the teacher and the minor student.  The jury's verdict was the second largest sexual abuse jury verdict in California in 2018.

Kirby began a trial against a school district wherein a minor child was sexually abused by other minor students.  The mother of the child, acting has her guardian ad litem, alleged negligent supervision of the children during recess.  The case settled on the first day of trial for a confidential amount.

Kirby represented the general partner in a real estate investment partner arising out of the acquisition and development of three unrelated parcels in Arizona.  The case was resolved by way of a confidential settlement.

Personal Injury

Kirby recovered more than $1 million in a settlement for a construction worker that was hired directly by a homeowner without securing worker's compensation insurance.

Kirby won a jury defense verdict in the San Diego Superior Court, East County, defending San Diego Gas & Electric against multi-million damage claims in a wrongful death and personal injury action involving a vehicle and a utility pole.

Investment Fraud

Kirby won a $2.3 million jury verdict in the San Diego Superior Court against a number individuals engaged in a ponzi scheme which defrauded elderly investors caused millions of dollars in losses.

Probate

Kirby was lead counsel in a highly contentious family dispute over the control and management of a privately-held corporation holding more than $40 million in family investments.  The case was resolved pursuant to a confidential settlement agreement.  Kirby's ethical conduct was the subject of both the majority and dissenting opinions in the seminal case, McDermott Will & Emery LLP v. Superior Court , 10 Cal.App.5th 1083, 217 Cal.Rptr.3d 47 (2017). 

Banking

Kirby was heavily involved in the defense of numerous bank board members and bank executives against the allegations made by the Federal Deposit Insurance Corporation (FDIC) after a local bank was closed by it the Office of Thrift Supervision (OTS) with alleged losses of approximately $1 billion. 

After a bank entered into a stipulated judgment for more than $500,000, the judgment was later acquired by a third-party.  The third-party that acquired the judgment sought to collect upon it against Kirby's client.  The case was dismissed without leave to amend after a demurrer was sustained.  The published case is Cadle Co. II, Inc. v. Sundance Financial, Inc., 154 Cal.App.4th 622, 64 Cal.Rptr.3d 824 (2007).     

Education

  • University of Arizona, Bachelor of Science in Business Administration (1995)
  • California Western School of Law, Juris Doctor (2001)

Professional Memberships and Activities

  • Association of Business Trial Lawyers - Board of Governors
  • American Bar Association
  • San Diego County Bar Association
  • Consumer Attorneys of California 
  • Consumer Attorneys of San Diego