Thomas Barth / partner
Thomas Barth / partner
Office Sacramento: 2810 Fifth Street, Davis, Ca 95618
Education
United States Military Academy, West Point
Bachelor of Science, 1979
Member Phi Kappa Phi
Georgetown University Law Center,
J.D., 1985
Assistant Editor, The Tax Lawyer
Tom Barth is an AV® Preeminent peer-rated attorney and a founding partner of Barth Daly LLP.
He represents private and public sector clients in a wide range of legal matters, which include public entity transactions, public and private contract disputes, fiduciary duties, real property, corporate and partnership issues, insurance coverage, eminent domain, and environmental compliance.
An experienced litigator, Mr. Barth has tried cases for individuals, businesses and public agencies. He has tried cases in state and federal courts and achieved trial victories on appeal. He often wins favorable outcomes for his clients in mediation and negotiations with opponents. He serves as a mediator/arbitrator upon request of parties in cases not being handled by his firm.
Prior to co-founding Barth Daly LLP, Mr. Barth was a shareholder and served on the board of directors of the Kronick, Moskovitz Tiedemann & Girard law firm in Sacramento.
Mr. Barth also advises clients on transactional matters, including commercial and private property sales, trusts …
Mr. Barth also advises clients on transactional matters, including commercial and private property sales, trusts, environmental compliance, foreclosures, scope of insurance coverage, public entity obligations, and private party applications for government approvals.
Prior to co-founding Barth Daly LLP, Mr. Barth was a shareholder and served on the board of directors of the Kronick, Moskovitz Tiedemann & Girard law firm in Sacramento. Mr. Barth began as a U.S. Army JAG attorney, with more than 75 trials to verdict. Mr. Barth is currently an appointed Associate Justice of the California Military Appeals Panel.
Mr. Barth’s trial experience includes
Allocation of ad valorem taxes among public entities
Real property purchases, leaseholds, quiet title, and boundary disputes
Land use and Planning and Zoning Law compliance by project applicants and the government
Direct and Inverse condemnation of property for public use
Trust and estate administration, accounting, and breach of fiduciary duties
Private and commercial insurance coverage and bad faith
Private and commercial insurance coverage and bad faith
Mutual Water Company operations and shareholder rights
Public construction contracts and public works projects
California Environmental Quality Act (CEQA) and other environmental challenges
Election law and election contests
Corporate and partnership business transactions and rights of minority owners
Defense and indemnity obligations of risk-pooling joint powers authorities
Employment discrimination and termination
Civil rights and First Amendment issues
Judges and juries have awarded trial victories to Mr. Barth’s clients. Examples include successful defense verdicts for private and public employers against claims of wrongful termination by former employees and winning final judgment in favor of an elections official in a politically charged election contest. He wins favorable appellate court rulings in many cases, often affirming a victory at the trial level.
Examples are the published opinions in Southgate Recreation and Park District v. California Association for Park and Recreation Insurance (2003) 106 Cal.App.4th 293 and Chawanakee Unified School District v. County of Madera, et al. (2011) 196 Cal.App.4th 1016, as modified on denial of rehearing, review denied.
He achieves favorable settlements through mediation of many high value cases. For instance, he mediated a case for a university located in Washington, in which a group of students alleged breach of contract in a masters-level degree program. The case settled, avoiding the substantial cost of trial. Mr. Barth often handles complex cases involving the litigation of highly specialized and evolving legal principles. Examples include several cases concerning the proper allocation of real property taxes among competing public entities based on relevant statutes and complex pass-through agreements.
Mr. Barth maintains active participation in his local community. He participates in efforts to preserve and protect regional agriculture, and he serves on the board of the property rights advocacy organization, Yolo County Landowners Association. After retirement from military service, he continues his support for the California National Guard and military justice, appointed as one of three associate justices on the California Military Appeals Panel, with jurisdiction to hear and decide appeals from military courts-martial.