Bernard F. King, III, Attorney

Bernard F. King III has extensive litigation experience in a wide variety of practice areas and has tried numerous cases to judgement. Mr. King’s practice is focused on complex commercial litigation, with a primary emphasis on construction law, labor and employment, and insurance coverage issues. He has represented both plaintiffs and defendants in employment class actions and has been appointed lead Class Counsel in multiple cases. And while most class actions are resolved by pre-trial settlement, Mr. King is one of the few attorneys who has taken a wage and hour class action to trial and won. He also represents construction and other industry clients on a wide variety of issues, including compliance with the contractor’s license laws, prevailing wage practices, insurance coverage and subrogation disputes, prompt payment laws, corporate governance, and enforcement of judgements.

Mr. King is admitted to practice before all California state courts and the United States District Court for the Southern District of California. He received his juris doctor from the University of San Diego School of Law. While in law school, Mr. King was a member of the San Diego Law Review and the Phi Delta Phi legal fraternity, and received a CALI (AmJur) Award in Contracts and a National Merit Scholarship for academic achievement. Mr. King speaks fluent Spanish, and worked as a law clerk for Clifford Chance, LLP at their offices in Barcelona, Spain. Mr. King received his Bachelor of Science in Business Administration in Accounting from Creighton University in Omaha, Nebraska. Mr. King volunteers as a judge for the University of San Diego moot court and mock trial competitions.

Bar Admissions

  • California (state courts)
  • U.S. District Court of California (Southern)

Education

  • J.D., Law Review – University of San Diego
  • B.A., Accounting – Creighton University

Areas of Practice

Representative Experience

Breach of Trust and Surcharge Petition Against Corporate Fiduciary

2011: Petitioned for breach of trust, removal, and surcharge against a corporate trustee, succeeding in compelling a multi-million dollar distribution and resolving the dispute in a settlement favorable to the firm’s client.

Defend Breach of Trust and Surcharge Claims Against Beneficiary-Trustee

2011: Represented a beneficiary-trustee in defending breach of trust and surcharge claims, resulting in a settlement which preserved beneficiary-trustee’s distributive share of trust and receipt of non-probate assets.

In the Matter of the Estate of Victor Manuel Andujo, Deceased Superior Court of the State of Arizona, Maricopa County Case No. PB2009-090108

2009: Three day bench trial regarding domicile of decedent and jurisdiction of probate court to administer decedent’s estate, resulting in vesting of inheritance rights by the firm’s clients in decedent’s California lottery winnings, and appointment of clients’ designee as personal representative.

Probate Trial Over Proper Jurisdiction and Inheritance Rights

2009: Three-day bench trial regarding domicile of decedent and jurisdiction of probate court to administer decedent’s estate, resulting in vesting of inheritance rights in the firm’s clients in decedent’s California lottery winnings and appointment of clients’ designee as personal representative.

John Zayak v. John T. Hardisty Construction, Inc. et al. San Diego Superior Court Case No. GIC852090

2007: The firm represented a plaintiff that sued to collect $90,000.00 owed by defendants under a promissory note. Defendants asserted cross-claims for breach of fiduciary duty, fraud, and conversion. On the eighth day of a ten day jury trial, defendants agreed to dismiss their claims, and pay plaintiff $140,000 plus attorneys’ fees and costs in settlement of the action. After the court awarded fees and costs, the client’s total recovery was $429,223.11.