Since joining Robie & Matthai in 2005, Diana has focused her practice on the defense of attorneys and accountants in professional negligence claims. Her prior experience with Bonne, Bridges, Mueller, O'Keefe & Nichols (1995-1998) and Hooper, Lundy & Bookman (1998-2005) and her representation of health care providers, medical groups and governmental agencies in contractual disputes, fraud claims and regulatory issues has contributed to her success in defending attorneys who face allegations arising from these fields.

Her courage and determination, combined with her analytical skills, have delivered positive results for her clients and earned her recognition as a rising star in Los Angeles.

Favorite Cases

An inventor obtained several patents and had other patent applications pending for technology which allegedly enabled expedited manufacturing processes. Various assignments of the patents were made, only some of which were recorded with the USPTO. As a result, multiple parties and individuals claimed entitlement to the technology. One entity asserted that, by virtue of employment agreements with the inventor, the technology belonged to it since the development of the patented processes occurred on company time. Robie & Matthai's client had represented the inventor and one of the companies claiming rights to the technology. The lawyer had drafted several of the agreements which were in dispute. He had opined as to the validity of various claims to the technology invested in the company taking a position on the board, and participated in raising significant funds for the sale and implementation of the processes, without disclosure of the competing claims to the technology. Claims were ultimately made against the lawyer by the inventor (who was ousted from the company represented by the lawyer), by the company and by investors. Allegations of conflict of interest abounded, as did claims for malpractice, including the investors assertion that the attorney's failure to protect his interests had resulted in the loss of very valuable patent rights. A global settlement was reached as a result of Diana's careful analysis of the competing claims.

The mistress of a billionaire accused her neighbor, an aggressive tycoon, of intentional encroachment upon her property. The ridiculously contentious neighbor dispute appeared to have been resolved by a complex settlement. However, the dismissal failed to include the magic language, which would have given the trial court the jurisdiction to enforce the settlement. The litigation was re-filed and spiraled out of control, with each side spending well over $3 Million in fees, and a judgment for over $5 Million against the mistress. She sued her former counsel, alleging that the original settlement should have been enforceable. Diana's work resulted in terminating sanctions against the mistress after she served a 5,000 page response to special interrogatories, produced 42 boxes of documents with no designation as to which documents were provided in compliance with which of the production requests, and identified hundreds of witnesses to the alleged negligence, including the City Attorney, multiple city employees, and other governmental officials, refusing to limit the list to those she actually intended to call at trial. Her counsel refused to allow inspection of the property, threatening charges of trespass if the court-ordered inspection went forward. The Court of Appeal affirmed the terminating sanction.

After the plaintiff's wealthy husband died, disputes arose between his self-described "trophy wife" and his children from a prior marriage. Before the husband's death, the wife learned that he apparently consorted with prostitutes; she filed for divorce. As a result of a variety of pre and post-death events, the wife lost a lavish lifestyle, which she sought to regain by suing her family law attorney, her probate counsel, and her litigation counsel. Robie & Matthai's client allegedly failed to preclude the children from obtaining hundreds of thousands held in retirement accounts. The wife claimed that her family law attorney failed to pursue claims for the husband's breach of fiduciary duties by losing millions in failed investments, entered without her permission, and selling, for a de minimis amount, his interest in his company. Probate counsel was accused of failing to file proper claims against the Estate. Although each of the counsel had been responsible for the issues arising in their own field of practice, they had regularly conferred to discuss strategy; the wife alleged joint and several liability for all counsel in all matters. Diana's analysis and efforts to push the case to mediation, before the various attorneys' policy limits were eroded by the significant discovery which would have been required for full litigation of the case, resulted in an early settlement to the benefit of all of the attorneys.

Diana regularly represents accountants who have been subpoenaed in matters involving their clients. Many of the CPAs are utterly unfamiliar with the legal process and are particularly prone to being terrified at the idea of providing deposition or trial testimony. It is a testament to Diana's concern for her clients that when asked for her favorite cases, she included the representation of a particularly terrified CPA whom she prepared for trial testimony. His clear and accurate trial testimony and his gratitude for her help keeps this among Diana's favorites.

Memberships

• State Bar of California
• Los Angeles County Bar Association
• Association of Southern California Defense Counsel
• American Bar Association.

Service and Distinctions

• Super Lawyers "Rising Star" 2007
• Member, Board of Directors of Our House, a non-profit grief support center. 1995-2003
• Member, Alumni Board of Directors, Pacific McGeorge School of Law; 2005- present. Vice President, Planning, 2006-2007

Education

• Pacific McGeorge School of Law, J.D., 1994
  • Finalist, Best Brief and Best Oralist, McGeorge Moot Court Program
• Extern Office of the United States Attorney for the Central District of California, Civil Division and Social Security Division
• University of California at Berkeley, B.A., 1989

Admissions

• California, 1994
• U.S. District Court, Central District of California, 1994
• U.S. District Court, Eastern and Southern Districts of California, 2005