Trial and Appellate Solutions
Mark G. Bonino
- Post-trial Motions
- Insurance Services
- Bad Faith Cases
Mr. Bonino has 39 years of experience representing clients in Appellate, Post-trial, Insurance Coverage and Bad Faith cases.
He has briefed and argued literally hundreds of appeals. A recent review of the Westlaw data base includes more than 65 cases that resulted in published opinions from the courts of appeal, including opinions from all six of California's appellate districts, from the Ninth Circuit and from the California Supreme Court. This count does not include the proportionately much larger number of cases that resulted in unpublished opinions from the courts of appeal.
Many of the published decisions established important legal rules in California including:
Privette v. Superior Court (1993) 5 Cal.4th 689 [Doctrine of peculiar risk held inapplicable to employees of subcontractors]; Levinson v. Owens (2009) 176 Cal.App.4th 1534 [Rider thrown from horse, summary judgment in favor of horse owner affirmed on the basis of the assumption of the risk]; Jorge v Culinary Institute (2016) 3 Cal.App.5th 382 [Employee's use of his personal vehicle to travel to off-site work does not render that vehicle a "required vehicle" and as a result the employer is not liable for injuries caused by the employee on his normal drive home]; Paiva v. Nichols (2008) 168 Cal.App.4th 1007 [Denial of anti-SLAPP motion reversed-judgment entered for defendant]; Smith v. State Farm (1992) 5 Cal.App.4th 1104 [stipulated judgment held unenforceable against insurer]; Melton v. Boustred (2010) 183 Cal.App.4th 521 [Invitation to a party posted on Myspace does not impose a duty on the host to protect against physical injuries caused by partygoers].
Recently Mr. Bonino briefed and argued appeals in three cases that resulted in reversals of large plaintiffs' verdicts. Johnson v Oakhurst (E056044-Oct. 2014, Unpublished) [$2,654,976 verdict reversed based on erroneous jury instruction regarding suppression of evidence]; Gonsalves v Li (2015) 232 Cal.App.4th 1406 [$1,208,643 verdict reversed based on prejudicial misconduct of plaintiff's counsel and improper admission of evidence]; and Jorge v Culinary Institute (2016) 3 Cal.App.5th 382; [$855,083 verdict reversed, employee's occasional use of his personal vehicle to travel to off-site work does not render that vehicle a "required vehicle" and as a result the employer is not liable for injuries caused by the employee on his normal drive home].
In addition he is often retained to prepare and argue post-trial motions after the verdicts have been rendered and has tried several bad faith cases to verdict in four different Northern California counties and in the U.S. District Court.
Between 2013 and 2016 Mr. Bonino served as a voting member of the California Judicial Council, the constitutional policy-making body of the California courts.
He is also a past-president of the Association of Defense Counsel (2009), and past California State Representative for the DRI (2010-2013).
Immediately following law school he spent a year working as a law clerk for the Presiding Judge of the San Mateo County Superior Court.
Before attending law school he worked on the staff of then-Governor Ronald Reagan.
- Santa Clara University School of Law, Santa Clara, California
- J.D. - 1976
- Honors: cum laude
- University of California at Davis, Davis, California
- B.A. - 1973
- Major: Economics
- California, 1976
- U.S. District Court District of Arizona
- U.S. District Court District of Hawaii
- U.S. District Court Central District of California
- U.S. District Court Northern District of California
- U.S. District Court Eastern District of California
- U.S. District Court Southern District of California
- U.S. Court of Appeals 3rd Circuit
- U.S. Court of Appeals 9th Circuit
- U.S. Supreme Court
Classes & Seminars
- Just Compensation and No More-Hanif and Howell, Association of Defense Counsel San Francisco, 2013
- Just Compensation and No More-Hanif and Howell, Association of Defense Counsel San Francisco, 2012
- Just Compensation and No More—Hanif and Howell, Association of Defense Counsel – San Francisco, 2010
- Tricks & Traps in 998 and Summary Judgment Procedure, Association of Defense Counsel of Northern California - 2005 Annual Meeting - San Francisco, California
- The Impact Of California Workers' Compensation Reform on Workers' Compensation Claims, Insurance and Torts, Excess and Surplus Lines Claims Association Convention - Santa Fe, New Mexico, 2005
- New Developments In Coverage - 2004 and 2005, Association of Southern California Defense Counsel - Los Angeles, California
- Santa Clara County Bar Association Winning on Appeal Effective Oral Argument, Court of Appeal, San Jose, California, 2004
- The New World of Claim Handling and Insurance Relations, Chartered Property Casualty Underwriters 2004 Annual Meeting - Los Angeles, California, 2004
- Punitive Damages One Year After Campbell, Association of California Insurance Companies Annual Meeting - Las Vegas, Nevada, 2004
- New Developments In Coverage 2003 and 2004, Association of Southern California Defense Counsel - Angeles, California
- Association of Defense Counsel of Northern California Transportation Seminar Sacramento, California, 2004
- Silicon Valley Biz Ink Forum Hot Insurance Issues: Workers Comp Crisis San Jose, California, 2003
- Santa Clara County Bar Association 2002 Changes In Summary Judgment Law San Jose, California, 2003
- Pacific Claims Executives Convention The New Summary Judgment and Construction Defect Legislation Monterey, California, 2002
- First and Third Party Insurance Claims After The World Trade Center Attack Monterey, Excess and Surplus Lines Claims Association Convention - California, 2002
- Speaker, Annual Ropers, Majeski, Kohn and Bentley Annual California Law Update The Year In Review Boston, New York, Hartford, San Francisco, Los Angeles, Irvine and Sacramento, 1979 to 2006
- May It Please the Court—What Justices Want and Don’t Want at Oral Argument, Santa Clara County Appellate Courts Committee in Conjunction with the Sixth District Court of Appeal, San Jose, May 2017
- After the Trial—The Use of Post-Trial Motions and Statements of Decision Before Appeal, Association of Defense Counsel San Francisco, 2014
- Our Government in Action: The Legislature Amends the Summary Judgment Procedures, ADC Defense Comment, v.17, No.3, p.6, 2002
- Two Steps Forward - The California Supreme Court Raises the Bar for Legal Malpractice Actions, ADC Defense Comment, v. 18, No. 3, p. 8, 2003
- Punitive Damages: On the Road to Reform (IADC Defense Counsel Journal (2003) v.70, No.4, p.432.), 2003
- Our Government In Action - Revisited: Proposition 64 and 17200 Reform, ADC Defense Comment v, 20, No. 1 p. 10, 2005
- California Supreme Court Expands the Privette Doctrine to Narrow Landowner Liability for Worker Injuries, ADC Defense Comment v.21, No. 2, p.10, 2006
- Hayes, Scott, Bonino, Ellingson, Guslani, Simonson & Clause, LLP, Partner, 2006 to present
- Ropers, Majeski, Kohn, Bentley & Wagner, Partner, 1984 to 2006
- Ropers, Majeski, Kohn, Bentley & Wagner, Associate, 1978 to 1984
- Superior Court of California, San Mateo County, Law Clerk, 1976 to 1977
Current Employment Position