Joshua A. Rosenthal
Phone: (707) 570-2200
Joshua A. Rosenthal
Josh is the firm’s Litigation Partner. His practice is focused on the representation of mortgage bankers and brokers in federal and state court actions, as well as the defense of their interests in a wide variety of administrative law matters.
Josh has successfully defended small and mid-size corporations and individuals in federal and state court. He has a wide range of experience in civil matters alleging breach of contract, broker and lender liability, trademark infringement, unfair competition, trade secret misappropriation, breach of fiduciary duty and fraud. In addition, Josh has represented mortgage professionals in contractual and court ordered arbitrations, and in actions filed before a number of local and regional real estate boards.
He has defended mortgage bankers in Federal False Claims Act matters brought by the U.S. Department of Justice where he successfully defended a motion to dismiss on a Federal False Claims Act case with the Court holding that a DRE licensed broker does not have civil liability for the acts of the corporation that he sponsors and a mortgage lender signing annual HUD certifications does not have liability for any loan loss for any HUD loan that it originates. A false claim can only be asserted for each loan based on the individual loan certification. United States v. Reunion Mortg., Inc., No. C 13-02340 SBA, 2013 WL 5944252 (N.D. Cal. Nov. 5, 2013). He has successfully handled a number of appeals and writs, including the successful opposition in Pinedo v. Premium Tobacco(2000) 85 Cal.App.4th 774.
He also routinely defends his clients in administrative law matters in front of the Office of Administrative Hearings. He defends actions filed by the California Department of Real Estate and the California Department of Financial Protection and Innovation. This includes defense of DFPI licensees for alleged trust account violations, alleged loan servicing violations and alleged per diem interest overcharges. His defense of Department of Real Estate licensees includes defenses of mortgage and real estate professionals as well as property managers with respect to alleged trust account violations, allegations of failure to supervise licensed activity, alleged advertising and disclosure violations. He also regularly assists individuals in obtaining licenses wrongfully denied by the Department of Real Estate.
Josh is admitted to practice in the State of California and is a member of the Real Estate Section of the State Bar. He is admitted to practice in the U.S. District Court for the Northern, Central and Eastern Districts of California. He has spoken at the California and regional conferences for the National Association of Residential Property Managers and California Mortgage Banker’s Association.
Josh received his B.A. in Politics and History from the University of California, Santa Cruz in 1994. He earned his J.D. from American University, Washington College of Law in Washington, D.C. in 1997.