Thomas Barth

thomas_barthTom Barth is an AV® Preeminent peer-rated attorney and a founding partner of Barth Tozer & Daly LLP. He represents private and public sector clients in a wide range of legal matters, which include public entity transactions, public and private contract disputes, fiduciary duties, real property, corporate and partnership issues, insurance coverage, eminent domain, and environmental compliance.

An experienced litigator, Mr. Barth has tried cases for individuals, businesses and public agencies. He has tried cases in state and federal courts and achieved trial victories on appeal. He often wins favorable outcomes for his clients in mediation and negotiations with opponents. He serves as a mediator/arbitrator upon request of parties in cases not being handled by his firm.

Mr. Barth also advises clients on transactional matters, including commercial and private property sales, trusts, environmental compliance, foreclosures, scope of insurance coverage, public entity obligations, and private party applications for government approvals.

Prior to co-founding Barth Tozer & Daly LLP, Mr. Barth was a shareholder and served on the board of directors of the Kronick, Moskovitz Tiedemann & Girard law firm in Sacramento. Mr. Barth began as a U.S. Army JAG attorney, with more than 75 trials to verdict. Mr. Barth is currently an appointed Associate Justice of the California Military Appeals Panel.

Mr. Barth’s trial experience includes:
  • Allocation of ad valorem taxes among public entities
  • Public construction contracts and public works projects
  • Real property purchases, leaseholds, quiet title, and boundary disputes
  • California Environmental Quality Act (CEQA) and other environmental challenges
  • Land use and Planning and Zoning Law compliance by project applicants and the government
  • Election law and election contests
  • Direct and Inverse condemnation of property for public use
  • Corporate and partnership business transactions and rights of minority owners
  • Trust and estate administration, accounting, and breach of fiduciary duties
  • Defense and indemnity obligations of risk-pooling joint powers authorities
  • Private and commercial insurance coverage and bad faith
  • Employment discrimination and termination
  • Personal injury
  • Civil rights and First Amendment issues
  • Mutual Water Company operations and shareholder rights
Judges and juries have awarded trial victories to Mr. Barth’s clients. Examples include successful defense verdicts for private and public employers against claims of wrongful termination by former employees and winning final judgment in favor of an elections official in a politically charged election contest. He wins favorable appellate court rulings in many cases, often affirming a victory at the trial level. Examples are the published opinions in Southgate Recreation and Park District v. California Association for Park and Recreation Insurance (2003) 106 Cal.App.4th 293 and Chawanakee Unified School District v. County of Madera, et al. (2011) 196 Cal.App.4th 1016, as modified on denial of rehearing, review denied. He achieves favorable settlements through mediation of many high value cases. For instance, he mediated a case for a university located in Washington, in which a group of students alleged breach of contract in a masters-level degree program. The case settled, avoiding the substantial cost of trial. Mr. Barth often handles complex cases involving the litigation of highly specialized and evolving legal principles. Examples include several cases concerning the proper allocation of real property taxes among competing public entities based on relevant statutes and complex pass-through agreements.
Mr. Barth maintains active participation in his local community. He participates in efforts to preserve and protect regional agriculture, and he serves on the board of the property rights advocacy organization, Yolo County Landowners Association. After retirement from military service, he continues his support for the California National Guard and military justice, appointed as one of three associate justices on the California Military Appeals Panel, with jurisdiction to hear and decide appeals from military courts-martial.
Bachelor of Science, United States Military Academy, West Point, 1979 • Member Phi Kappa Phi J.D. Georgetown University Law Center, 1985 • Assistant Editor, The Tax Lawyer