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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 Lawyers in the area of Construction Law as published in San Diego Magazine (2013 and 2017).

Top San Diego Lawyers, Construction, San Diego Super Lawyers 2010, 2011, 2012, 2013, 2014, 2017 & 2018

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


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

Publications & Speaking Engagements

Balancing Act - Statues of Limitation Applicable to Bodily Injury Claims Due to Mold
Exposure Resulting from Construction Defects, Verdict
, 3rd Quarter, 2003
Thing v. La Chusa (1989) 48 Cal.3d 644
Gonzales v. Personal Storage, Inc. (1997) 56 Cal.App.4th 464

THOMAS A. BALESTRERI, JR has dedicated most of his 30 plus years in practice to the representation of developers, property owners and general contractors in litigation, negotiations and risk management.  Enjoying the highest AV® Preeminent™ Peer Review Rating by Martindale‐Hubbell, 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 bio-contaminated buildings in Southern California and Florida.  Mr. Balestreri has assisted builders and owners in responding to claims of non-disclosure and misrepresentation in the sale of property.

Most particularly, Mr. Balestreri has represented the firm’s clients in many matters, including:

  • Recent representation of the general contractor for a luxury high-rise condominium development in downtown San Diego in which the HOA was claiming in excess of $100 million in repair costs and relocation expenses. This case was resolved after two weeks of hearings on motions in limine that substantially reduced the value of the HOA’s case.
  • Representation of the developer of one of San Diego’s first modern era, downtown condominium developments. This highly complex case was finally resolved to the satisfaction of the developer after several years of multi-party pre-wrap litigation.
  • Representation of the developer of multiple high-rise condominiums in downtown San Diego where the failure of the developer’s insurance company created great challenges to resolution. Ultimately the case was resolved with minimal out of pocket expense to the client.
  • 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.
  • Recovery in settlement for property owners for damages arising out of the failure of a massive retaining wall constructed by international retailer for adjacent shopping center.
  • Defense jury verdict for land developer charged with causing catastrophic landslide and destruction of more than half dozen million dollar homes in Dana Pointe.
  • Defense verdict for national restaurant chain on issues including employment, premise liability and crowd control.
  • Defense verdict for a national grocery store chain in a trip and fall during a store remodel that carried overtones of punitive damages stemming from claims of suppression of evidence.
  • Recovery following bench trial on behalf of regional builder against financing partner for breach of fiduciary duties and full accounting following completion of work on multiple, single family residential projects in the Inland Empire.

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. In 2016 he moderated a seminar on trial tactics for the Claims and Litigation Management annual construction conference. Mr. Balestreri has provided instructional seminars to San Diego Defense Lawyers and the firm clients on SB 800, The Right To Repair Act, and he has guest lectured on construction law at several engineering classes at San Diego State University and University of California Riverside.