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Thomas Balestreri, Shareholder

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Thomas Balestreri
Practice Areas

Construction Law
Landslides and Subsidence
Mold Litigation
Real Estate Litigation
Products Liability
Cargo Claims
Hospitality Liability

Professional Awards & Honors

Top San Diego Lawyers, Construction, San Diego Super Lawyers 2010, 2011, 2012, 2013, 2014 & 2017


2013 Top Lawyers in the area of Construction Law as published in San Diego Magazine (March 2013)

Employment History

Newell, Balestreri & Dorigan, 1980 to 1991
Balestreri Pendleton & Potocki, 1991 to 2012
Balestreri Potocki & Holmes, 2012 to present

Professional Affiliations & Admissions

Member, Association of Southern California Defense Counsel
Member, Defense Research Institute
Member, San Diego County Bar Association
Member, San Diego Defense Lawyers

Education

University of San Diego (J.D., 1980)
California State University at Sacramento (B.A., 1977)

THOMAS A. BALESTRERI, JR has dedicated most of his 30 years in practice to the representation of developers, property owners and general contractors in litigation, negotiations and risk management. Enjoying the highest AV rating, Mr. Balestreri has tried a number of high exposure cases with great success. He has earned the trust of developers who have retained him to manage problem situations that require an intimate understanding of development and construction practices as well as a firm understanding of the needs of homeowners and tenants. Mr. Balestreri has developed and customized programs for the remediation and repair of mold contaminated homes and large apartment complexes in Southern California and Florida. Mr. Balestreri has assisted developers in responding to claims of non-disclosure and misrepresentation in the sale of the homes. 

Most particularly, Tom has represented the firm’s clients in many matters, including:

  • Recent representation of the developer of one of the first San Diego downtown high-rise condominium developments. This highly complex, multi-party case was finally resolved to the satisfaction of the developer after several years of litigation with one of the toughest plaintiff firms in Southern California.
  • Recent litigation against the soils and design engineers of another high-rise project in downtown San Diego following the collapse of the temporary soil nailing system during the excavation of the site.  This case required a thorough understanding of soils engineering principles, which has become Mr. Balestreri’s forte. 
  • Recovery in settlement for property owner client for damages arising in connection with a massive slope retaining wall failure against an adjacent property owner, a national retailer.
  • Defense jury verdict for client land developer charged with causing catastrophic landslide and destruction of more than half dozen million dollar homes in Dana Pointe.
  • Defense verdict for national hospitality chain on issues including employment, premise liability and crowd control.
  • Created comprehensive remediation to stem builder/landlord claims of mold by tenants.

Mr. Balestreri has been an invited and featured speaker on construction issues including pre-litigation mold abatement and resolution programs at the 2001 and 2003 seminars of the Association of Southern California Defense Counsel. In October 2002, he moderated a seminar sponsored by ASCDC on techniques and strategies in the trial of construction cases. In 2006 he presented a talk on risk allocation in construction contracts at the annual meeting of the Construction Law Committee of the Defense Research Institute.