TRIAL LAWYER WITH OVER 25 YEARS’ EXPERIENCE
Andrew “Drew” Smits represents corporations, local businesses and individuals in a broad array of complex civil litigation with an emphasis on contractual disputes, business torts and real estate disputes in state and federal courts.
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.
Representing both plaintiffs and defendants in business and real estate litigation.
Trial of business, commercial, and real estate-related disputes before a jury, judge or arbitrator.
Cases involving multiple parties and multiple claims with an amount in controversy exceeding many hundreds of thousands or millions of dollars.
Cases involving breach of contract or the parties to a contract disagree as to the contract’s meaning and the court declares the parties’ rights under the contract.
Litigation and trials involving fraud and deceit, misrepresentations in commercial settings, interference with contractual relations, unfair competition, and misappropriation of trade secrets.
Creditors’ Rights in Bankruptcy
Enforcement of creditors’ claims in bankruptcy court.
Litigation and trials of business or commercial disputes that also involve probate law.
Real Estate Litigation
Litigation and trials of a wide range of disputes that involve or affect real estate.
A sampling of the breadth and nature of Drew’s law practice with results achieved for his clients.
Complex Business Trial and Creditors’ Rights in Bankruptcy
Drew 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
Drew obtained a six-figure insurance bad faith verdict 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.
Obtained multiple judgments against not only corporations for their debts, but also the corporations’ owners based on the “alter ego” theory of liability, piercing the corporate veil and making the corporations’ owners liable for corporate debt.
Business Tort Litigation and Trial for Products Liability/Fraud
Represented plaintiffs in a products liability and fraud case, obtaining a six-figure judgment plus punitive damages; defendant filed for bankruptcy protection, however, Mr. Smits filed a non-dischargeability action against the defendant and prevailed in the Santa Rosa bankruptcy court, leaving the fraud judgment 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.
Prior to opening his own law office in 2001, Drew practiced in highly-regarded, medium-sized 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 publically-traded company in New Jersey Chancery Court (admitted pro hac vice), which involved extensive discovery in the United Kingdom and several states.
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
Association of Business Trial Lawyers, Orange County Chapter
Orange County Bar Association, Business Litigation Section
Law Offices of Andrew A. Smits
36 Executive Park, Suite 160
Irvine, California 92614-4794
Tel. (949) 833-1025
Fax (949) 833-1027