Clayton T. Tanaka
Clayton is a partner in the Newport Beach and Las Vegas offices, focusing in construction, real estate, business, insurance disputes and appellate law.
As a licensed civil engineer in California, Clayton has extensive knowledge of construction practices as well as vast experience in the designs of both residential subdivisions and commercial developments. He has represented developers and general contractors in numerous complex real estate and construction matters, including disputes involving grading, design, boundary and easement, water intrusion and insurance coverage issues.
Clayton has litigated number of cases to trial with successful results for his clients, including recovery in excess of $4 million for project-wide window and stucco repairs made by a developer client in Central California. He is also experienced in arbitration hearings and has taken a case to completion by recovering over $2.4 million, including a $1.8 million award by the arbitrator, to reimburse a developer client for damages arising from defective soils compaction in Perris, California.
Clayton has also represented a variety of businesses in actions involving breach of contract, fraud, and copyright and trademark infringement.
Clayton is also experienced in jury trials through his participation in the Trial Advocacy Partnership (TAP) program with the Orange County District Attorney’s Office, where he obtained guilty verdicts in all three criminal jury trials, including a DUI case, which involved an evidentiary blood alcohol content of .079%.
Clayton has also demonstrated his prolific writing skills dating back to his days in law school, where he was an Articles Editor for the Loyola of Los Angeles Law Review and authored an article, which has been cited in a California Supreme Court brief and in several legal publications, including the current publication of American Jurisprudence Proof of Facts. He has prepared numerous appellate briefs involving insurance coverage and construction issues in California, Arizona and Texas, including an amicus curiae brief which resulted in the Lennar Corp. v. Markel American Ins. Co. (2013) 56 Tex. Sup. Ct. J. 893 [413 S.W.3d 750] opinion, where the Texas Supreme Court held that an excess liability insurance policy provided coverage for its insured’s costs to repair the imitation stucco siding EIFS in the homes that the insured built.
Clayton has also participated in speaking engagements with various professional organizations involving California’s Right to Repair Act (Civil Code section 895 et seq.), claims involving design professionals and regarding additional insured claims. He is fluent in Japanese.
• Loyola Law School, J.D., 2004
• University of California, Los Angeles, B.S., 1996
• California, 2004
• Nevada, 2005
• United States District Court, Northern District of California
• United States District Court, Central District of California
• United States District Court, Eastern District of California
• United States District Court, Southern District of California
• Orange County Bar Association
• American Society of Civil Engineers
• Construction Management Association of America