Jacqueline Gottlieb Luther

Jacqueline Gottlieb Luther: Attorney with Sheppard, Mullin, Richter & Hampton LLP

Biography

Jacqueline Luther is an associate in the Business Trials and Finance and Bankruptcy Practice Groups in the firm's Orange County office. Ms. Luther also serves on the firm's Diversity and Inclusion Committee, Women's Group Committee, and the firm's Recruiting Committee.

Areas of Practice

Ms. Luther's practice consists of a wide range of commercial and civil litigation matters, including securities litigation, creditors' rights litigation, contract disputes, real estate and property disputes, and business torts litigation. Ms. Luther also specializes in trusts and estates and fiduciary litigation.

Ms. Luther has trial experience and handles all aspects of litigation including, administrative, trial court, and appellate proceedings in both state and federal courts.

Commercial Litigation

Ms. Luther represents a broad base of financial institutions and other clients in all state and federal courts and has experience enforcing secured and unsecured loan obligations, obtaining attachments, injunctions, restraining orders, receiverships, and other pre-judgment remedies. She is also experienced in handling real property and UCC foreclosures, defending clients against lender liability, sham guaranty, and unfair business practices and specializes in enforcing and collecting judgments at both the trial court and appellate court level.

Fiduciary Litigation

Ms. Luther represents clients in trust and estates litigation in both prosecuting and defending disputes pertaining to breach of fiduciary duty/surcharge actions, interpretation issues, will/trust contests, entitlement claims, and other types of controversies, both in the court system and before alternative dispute resolution forums.

Representative Trial Experience

November 2011 (Orange County Superior Court, Honorable Francisco Firmat)
Case: consolidated will and trust contest, testamentary capacity, undue influence, care custodian
Role: Second Chair
Verdict: Defense Verdict

Ms. Luther second chaired as trial counsel in a consolidated will and trust contest where the firm represented the beneficiary of the decedent's will and trust. The suit was brought by the decedent's nephew, her only living heir at law, who alleged that the decedent lacked testamentary capacity and was subject to undue influence. Although the trial lasted nearly two weeks, the judge took only ten minutes after the conclusion of closing arguments to announce his decision rejecting all of the nephew's claims and upholding the validity of the will and trust documents.

December 2013 (Orange County Superior Court, Honorable Kirk Nakamura)
Case: trust contest, estate tax allocation and fiduciary accountings issues
Role: Second Chair
Verdict: Defense Verdict

Ms. Luther second chaired as trial counsel in a trust case that concerned the correct methodology for distributing the residue of a multi-million dollar trust, which held valuable licensing agreements and trademarks. The case boiled down to whether, under California law, the so-called “fixed fraction method” or “changing fraction method” applied to determine how the trust residue was to be divided among three equal residuary shares, after taking major principal charges (including $38 million in estate taxes) into account. While no California case had previously addressed this issue, after seven days of trial, the judge took only ten minutes after the conclusion of closing arguments to announce his decision in favor of our proposed “changing fraction method.”

February 2015 (San Diego Superior Court, Honorable Linda Schall)
Case: contested conservatorship proceeding
Role: First Chair
Verdict: Defense Verdict

Ms. Luther first chaired as trial counsel in a conservatorship proceeding regarding whether a conservatorship over an individual should be reinstated based upon a finding that the individual was gravely disabled pursuant to California Welfare and Institution Code section 5450 et seq. Ms. Luther delivered the opening statement, examined the expert witnesses who testified at trial, both on direct and cross, cross-examined a percipient witness that was not disclosed prior to trial, and delivered the closing argument.

Representative Published Appellate Opinion

June 2011 (Court of Appeal, Second Appellate District, Division One)
Case: lender liability, Unruh Civil Rights Act, constitutional protection
Role: Managing Associate
Judgment: Defense Judgment
Citation: 196 Cal.App.4th 1380

Ms. Luther represented a commercial lender in an action brought by a managing member of a limited liability company who alleged that the lender violated the Unruh Civil Rights Act by declining to make a loan to managing member's limited liability company based on managing member's prior felony convictions. The Court of Appeal affirmed that lender had not violated the Act and the California Supreme Court denied managing member's petition for review.

Clerkships

•Extern to the Honorable Judge Roy Paul, Los Angeles Superior Court

Articles

Finance and Bankruptcy Law Blog Posts

• Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context, November 22, 2016

Areas of Practice (4)

  • Bankruptcy and Restructuring
  • Litigation
  • Securities Litigation
  • Mortgage Banking

Education & Credentials

Contact Information:
714.424.2813  Phone
714.428.5966  Fax
www.sheppardmullin.com
University Attended:
University of California, Santa Barbara, B.A., 2006
Law School Attended:
Loyola Law School, J.D., cum laude, Order of the Coif, St. Thomas More Law Honor Society, Roger J. Traynor Appellate Moot Court First Place Oralist and Best Overall Advocate for highest combined oral advocacy and appellate brief score, Honors Scott Moot Court Board Member, Note and Comment Editor of Loyola of Los Angeles Entertainment Law Review, 2010
Year of First Admission:
2010
Admission:
U.S. District Court for the Central, Eastern, Northern, and Southern District of California; U.S. Court of Appeal, Ninth Circuit; California
ISLN:
921698522

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Costa Mesa, California

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