James Swearingen is a litigation associate in Miller Starr Regalia’s Walnut Creek office. He has successfully represented clients ranging from individuals to Fortune 500 companies. James focuses on representing each client diligently and crafting litigation strategies that fit each client’s unique goals in the courtroom and the business world. James has helped clients navigate through all phases of litigation in federal and state courts throughout California from initial pleadings through discovery, mediation and arbitration, including appellate matters in state court proceedings
J.D., University of California, Davis School of Law (2016)
B.A., University of Oregon, Psychology and Business Administration (minor) (2012)
Part of trial team that won $2.1 million award after trial of competing breach of construction contract claims involving a high rise building in downtown Los Angeles, including 100% of the legal fees that were incurred in prevailing on the successful claims.
Part of appellate team that obtained complete victory in Second District Court of Appeals for a commercial tenant in a lease dispute with its landlord.
Part of trial team that obtained a successful verdict for landlord in Orange County Superior Court in dispute involving enforcing CC&Rs.
Part of trial team that won $1.2 million award in an arbitration involving breach of contract claims related to a failed merger of two companies.
Represented plaintiffs in a successful challenge to the at-large election system in the Compton Unified School District that resulted in the adoption of a district-based election system, a requirement that those elections occur concurrent with statewide primary elections and the advancement of the date of the first such election from November 2022 to March 2020.
“Valid Liquidated Damages Or Unenforceable Penalties? A Discussion Of Recent California Appellate Court Decisions,” Miller & Starr, Real Estate Newsalert, Vol. 33, No. 4, March 2023
“CC&R You Kidding Me?: CA Appellate Court Rules Earlier Court Misread Restrictive Covenant Prohibiting Alterations to Existing Homes,” Greenberg Glusker Fields Claman & Machtinger LLP Article, July 11, 2019 (co-authored with Sarkis Haroutunian)
“Finally, a Win for Brokers; California Court of Appeal Recognizes a Limitation to the Statute of Frauds,” AIR CRE, March 28, 2017 (co-authored with Ted Bingham)
“Statute of Frauds Trumps Statute for Friends and Broker Loses $925,000 Commission,” AIR CRE, February 8, 2017 (co-authored with Ted Bingham)
California
All State Courts of California
United States District Court - Central District of California
United States District Court - Northern District of California
United States District Court - Southern District of California
Contracting parties build liquidated damages provisions into their agreements in a variety of contexts.
Miller Starr Regalia (MSR), a preeminent California real estate law firm for more than 50 years, announced today that James L. Swearingen is joining the firm's Walnut Creek headquarters as a litigation associate.