Damon Rubin
Senior Attorney
Damon Rubin is a senior attorney in the Costa Mesa office of Theodora Oringher PC. He has been representing clients for almost 30 years in complex business litigation matters, and has handled cases involving a broad spectrum of issues, including contract disputes, unfair competition, real estate, trade secrets and restrictive covenants. He has represented a wide range of clients, from healthcare providers (such as hospitals) and banks to accountants, securities broker dealers and executives. Damon has successfully prosecuted and defended cases from inception through summary judgment, trial, judgment enforcement and appeal.
Prior to joining Theodora Oringher, Damon was a partner with Payne & Fears LLP, and earlier in his career was Senior Counsel with Foley & Lardner LLP.
During law school, he served as a judicial extern to the Honorable Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York, and as a judicial extern to the Honorable Frederick J. Scullin of the United States District Court for the Northern District of New York.
Practice Areas
Business and Commercial Litigation
Antitrust, Trade Secrets and Unfair Competition
Class Actions
Appellate
Admissions
Bar Admissions
California
Court Admissions
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. District Court – Northern District of Illinois
U.S. Court of Appeals for the Seventh Circuit
Education
Syracuse University College of Law, 1996 J.D.
cum laude
Loyola Marymount University, 1993 B.B.A.
cum laude
Business Administration
- Obtained a multi-million-dollar settlement for two hospitals in reimbursement lawsuits involving hundreds of accounts.
- Obtained a multi-million-dollar settlement for hospitals in a separate reimbursement matter.
- Obtained a defense judgment for a bank by motion for summary judgment where the plaintiff claimed an enforceable agreement to buy several real estate secured loans, and had sought more than $10 million in lost profits.
- Successfully defended a trade secret misappropriation case brought by a company against three of its former executives and their new employer. In connection with the trade secret claim, the court found in favor of our clients and ruled that the former employer brought the case in bad faith, finding both that the claim was subjectively in bad faith and objectively specious, and awarded attorney’s fees to our clients. Damon also defended this win on appeal. The Court of Appeal, in SASCO v. CSI Electrical Contractors, Inc., et al., No. B322686 (Cal. Ct. App. Dec. 19, 2022), affirmed the court’s ruling in favor of the clients in its entirety, including the award of nearly $300,000 in attorney’s fees.
- Successfully defended on appeal a trial court order denying Cigna’s motion to compel arbitration of payment claims arising from care provided to over 700 patients. PIH Health Hospital-Whittier, et al. v. Cigna HealthCare of California, Inc., et al., No. B320294 (Cal. Ct. App., 2nd Dist., March 22, 2023).
- Successfully appealed erroneous trial court orders that, among other things, sustained Cigna’s demurrer to the complaint and stayed in abatement the hospital clients’ action to recover on payment claims pending disposition of another action. PIH Health Hospital-Whittier, et al. v. Cigna HealthCare of California, Inc., et al., No. B323726 (Cal. Ct. App., 2nd Dist., Sept. 26, 2023).
- Represented a former CEO in an action against his former employer on contractual and statutory claims involving restrictive covenants and compensation.
- Defended a technology company and its founder against claims for breach of a stock purchase agreement.
- Obtained a $1.8 million recovery for a bank in an eminent domain action.
- Obtained a $750,000 post-judgment recovery on behalf of an investment fund.
- Defended a hospital (co-first chair) in a 14-day jury trial, resulting in a partial defense verdict in which the jury assigned the client only 10% responsibility for damages. The plaintiff alleged she had been assaulted by a nurse at a hospital after another hospital (client) had failed to make a mandatory report to law enforcement regarding the alleged perpetrator.
- Represented directors and audit committee members of an entertainment internet company in a shareholder derivative action involving the restatement of financial results.
- Prevailed on motions for orders expunging notices of pendency of action (lis pendens) in two lawsuits allowing the bank client to sell the real properties securing the loans.
- Successfully defended a medical licensee at an evidentiary hearing (first chair) before an administrative law judge where the state attorney general had challenged her license.
- Represented an accounting partnership and its principals in a lengthy and complex arbitration proceeding (first chair) arising from the sale of the accounting practice.
- Southern California Super Lawyers® Rising Stars, 2006-2008
Articles featuring Damon Rubin
Costa Mesa, California 92626-7109
Los Angeles, California 90067-2199
PRACTICE AREAS
LINKS
OFFICE LOCATIONS
Orange County Office
Los Angeles Office
Call us today at our offices in Orange County or Los Angeles, California.
© 2026 Theodora Oringher PC
All Rights Reserved