Eric R. Garner

Principal

State Bar No. 131232
J.D.
(916) 920 – 5286
egarner@wkblaw.com

BV Distinguished

General Info

Eric Garner is currently a principal in the firm’s Litigation department. With 30 years of experience in myriad facets of complex litigation, including multiple trials, Mr. Garner is uniquely positioned to resolve civil disputes in State and Federal Courts. His practice incudes defense and prosecution of employment, real estate, business, construction and probate disputes.

Practice Areas

Real Estate, Commercial & Business Litigation

• Defend property owners in pollution & CERCLA Claims
• Defend developers, general contractors and subcontractors in construction defect/SB800 disputes.
• Prosecute and defend partnership dissolution and accounting claims.
• Prosecute and defend claims involving fraud, non-disclosure, negligence, nuisance, breach of fiduciary duty.
• Extensive defense of alter ego and successor liability claims.
• Prosecution and defense of personal guarantees.
• Commercial and residential unlawful detainers.

Employment Litigation

Trial counsel for plaintiffs and defendants in numerous wrongful termination actions (age, disability, gender, public policy, harassment and retaliation); wage, hour and meal break disputes; Title VII claims; defamation claims.

Employment Counseling

Advice and counsel to employers concerning disciplinary issues, leaves of absence, termination, drug and alcohol use and testing, reasonable accommodations, separation agreements and defamation claims. Draft employer handbooks/manuals, polices & procedures and separation agreements.

Elder Abuse/Hospice Neglect

Prosecute claims for wrongful death, elder abuse, infliction of emotional distress, recklessness, negligence.

Personal Injury

Represent consumers injured in auto and motorcycle accidents; prosecute medical malpractice, products liability, and dog bite claims.

Probate Litigation

Wills and trust contests; contested petitions and contested conservatorships.

Representative Cases

• Defensed cross-complaint for indemnity in dispute over installation of underground dry utilities outside of public utility easement. Represented contractor who provided the utility coordination and the joint trench composite plan.
• Defensed claim by general contractor which installed off-site improvements (curb, gutters, streets, sidewalks) against claims of alter ego, direct contracting party and de facto general partner. Initially denied fees by trial court. Appealed and prevailed on issue of mutuality of attorney fee provision. Fee claim exceeded $350,000.
• Prevailed in civil contempt trials involving violation of court orders.
• Took to trial (prosecuted) and settled midway 14 year old girl’s negligence claim again her English horse riding instructor for putting her on a horse early in her lessons she was not yet skilled enough to ride, as well has her mother’s bystander claim (Dillon v. Legg). Girl suffered grade 4 spleen lacerations.
• Have settled numerous plaintiff medical malpractice cases including those involving:
-severe burns due to laser hair removal
-disfiguring tummy tucks
-cortisone injection into tendon causing rupture
-failure to properly follow-up (no upper GI x-rays) testicular cancer diagnosis and resection
• Represent major residential real estate developers in disputes concerning fee credits, construction (CD litigation), entitlements, easements, options, letters of intent, letters of credit, guarantees (including sham guarantees), General Indemnity Agreements (GIA); indemnity, claims by sureties.
• Represent subcontractor in catastrophic injury claim involving failed balcony near major California University.

Education

University of the Pacific (B.A., Dean’s Honor Roll (1983))
McGeorge School of Law (J.D., (1987))

Affiliations

BV® Distinguished™ 4.4 Peer Review Rated™ by Martindale-Hubbell®

Admissions

Admitted to California State Bar (1987)
Admitted to U.S. District Court, Eastern, Northern and Central Districts of California

Representative Publications and Presentations

Annual Employment seminar before South Placer Employer Advisory Counsel (Topics: wage/hour, independent contractor v. employee, employment handbook)
10640 Mather Blvd., Suite 200, Mather, CA 95655 | (916) 920-5286
1350 Treat Blvd., Suite 400, Walnut Creek, CA 94597 | (925) 478-7308