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Daniel J. Brast, Associate

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Daniel J. Brast
Practice Areas

Business Litigation
Business Transactions
Construction Law
Construction Litigation
Insurance Defense
Real Property Litigation
Craft Beer/Beverage

Professional Affiliations & Admissions

Member, California State Bar
Admitted, U.S. District Court, Southern District of California
California Real Estate Broker


California Western School of Law (J.D., 2009)
California Polytechnic State University, San Luis Obispo (B.A., Political Science, 2005)

Associate, Daniel J. Brast, has over ten years of experience representing real estate developers and general contractors in complex construction-related disputes as well as various types of businesses in a transactional capacity. In addition, he has extensive experience dealing with insurance issues related to construction and real estate development. Mr. Brast has represented developers and builders in all shapes and sizes, from local shops to national corporations. Immediately prior to joining Balestreri Potocki & Holmes, Mr. Brast was staff counsel for a multinational insurance company representing its insureds in complex construction-related claims.

Mr. Brast’s approach in handling a case is tailored to the client’s goals with a concentration on finding the most cost-effective and efficient resolution possible. He has successfully represented property owners, developers and general contractors including:

  • Obtaining a complete defense for his clients by prevailing on motions for judgment on the pleadings and motions for summary judgment.
  • Local and Fortune 500 companies in matters involving single-family homes, condominiums and high rise buildings.
  • Resolution of claims prior to the inception of litigation through pre-litigation procedures or mediations.
  • Settlement of multi-million dollar claims involving both residential and commercial condominium complexes.
  • Resolution of claims involving construction defects at a surgical center.
  • Resolution of claims related to soils movement, differential settlement, and landslides involving both residential and commercial construction.
  • Resolution of claims related to failure to disclose conditions in real estate transactions.

In addition to civil litigation, Mr. Brast has an interest in general business and real estate law and is a licensed real estate broker in the State of California. Mr. Brast provides transactional legal services including contract drafting and review for various types of businesses and helps to advise small businesses in the craft brewery and beverage industries.

Mr. Brast graduated from California Western School of Law where he was invited to serve as an associate writer and editor for the Law Review and International Law Journal based on his research and writing skills. During law school, he served as a judicial extern for the Honorable Richard D. Huffman in the Fourth District Court of Appeal for the State of California, where he researched and drafted proposed opinions for the court. Mr. Brast also interned for a private firm representing plaintiffs in securities, insurance fraud, and consumer protection class actions. In addition, he worked for the California Innocence Project investigating and filing appellate briefs in support of claims of wrongful conviction and factual innocence by prisoners in California.