Mark S. Roth


Los Angeles

(213) 892-7906

(866) 537-7533

Mark is a former office managing partner of the Los Angeles office, which he opened when he joined the firm in 1995. He is an AV-rated litigator who has secured numerous multimillion-dollar verdicts and settlements, including a jury verdict of nearly $12 million featured in a California Law Business article titled "Four of the Biggest of 1990" profiling noteworthy verdicts. Mark has consistently been voted by his peers as a Southern California Super Lawyer in General Litigation and was the subject of a Litigator Profile by the Los Angeles Daily Journal in May 1996.

Mark's primary areas of focus include product liability, construction defects, and inverse condemnation. His litigation experience includes multi-party mediations, arbitrations, and trials on behalf of insurance companies, self-insureds, and individuals.

Mark has authored numerous articles on subrogation and presented seminars to many insurance companies and organizations including the California Conference of Arson Investigators, National Association of Subrogation Professionals (NASP) and Wildland Fire Litigation Conference.

Mark has served on the board of directors of the Mental Health Advocacy Services of Los Angeles, provided pro bono service to the Los Angeles Superior Court Voluntary Settlement Conference program and served as a judge at mock trial and mediation competitions at distinguished law schools in Southern California.

Mark has a Bachelor of Arts in Social Sciences and Communication from the University of Southern California and a J.D. from Southwestern Law School, where he served as a Note & Comment Editor on the Law Review and was the recipient of the 1975 Schweitzer Moot Court Competition Outstanding Brief Award.



Los Angeles and Santa Monica Attorneys Participates in Adoption Day

November 19, 2018

Los Angeles and Santa Monica offices finalized pro bono adoptions for six families.

Two Cozen O’Connor Attorneys Recognized as Southern California Super Lawyers

January 22, 2015

Los Angeles, CA, January 22, 2015 – The 2015 Southern California edition of Super Lawyers Magazine, published by Thomson Reuters, has named two Cozen O’Connor attorneys to its list of Super Lawyers.

Cozen O'Connor Gives Back To Heroes

July 15, 2014

Cozen O'Connor was an honored supporter of the LAFD Invitational golf tournament which is a major part of the success of the Widows, Orphans & Disabled Firemen's Fund. The Widows & Orphans is a charity that honors those who protect us all.


MR. SUBRO: War Stories & Lessons Learned from a Subrogation Lifer

April 12, 2021

MR. SUBRO, a book authored by Mark chronicling his four-decade career as a subrogation attorney, was published by Outskirts Press with all royalties being donated to the Los Angeles Fire Department Widows, Orphans & Disabled Firefighters Fund.

The Latest California Court of Appeals Decision Further Clarifies Product Defect Claims Under The Right to Repair Act [Subrogation & Recovery Law Blog]

January 20, 2021

The California Court of Appeals, in State Farm General Insurance Company v. Oetiker, Inc., has recently (filed December 18, 2020) provided much-needed guidance on the scope of the Right to Repair Act. That 2002 Act, codified in Civil Code section 895 et. seq., statutorily permits homeowners to...

Manufacturers aren't insulated from liability just because products are installed in a new home [Los Angeles Daily Journal]

December 29, 2020

Mark Roth contributed an article to the Los Angeles Daily Journal titled, "Manufacturers aren't insulated from liability just because products are installed in a new home." This article discusses the recent appellate ruling which provides much-needed guidance on the scope of the Right to Repair Act -- Specifically, its applicability to defective products incorporated in new homes.

Court of Appeal ruling draws artificial distinction between eminent domain and inverse condemnation [Los Angeles Daily Journal]

July 28, 2020

Mark Roth contributed an article to the Los Angeles Daily Journal titled, "Court of Appeal ruling draws artificial distinction between eminent domain and inverse condemnation." This article discusses the California Supreme Court ruling in Weiss v. People ex re. Department of Transportation, 2020 DJAR 7352, and how it is logically flawed and will inevitably result in waste of precious judicial resources.

Another Look at the State Supreme Court's Inverse Condemnation Ruling in City of Oroville [Los Angeles Daily Journal]

April 20, 2020

Mark Roth contributed an article to the Los Angeles Daily Journal Legal Newspaper titled, "Another look at the state Supreme Court's inverse condemnation ruling in City of Oroville." This article offers an analysis of inverse law which divides the myriad decisions into three separate and distinct boxes: Flood Cases, Water/Sewages Cases, and Wildfire Cases.

Ruling Creates Bad Inverse Condemnation Precedent [Los Angeles Daily Journal]

August 21, 2019

Mark Roth contributed an article to the Los Angeles Daily Journal Legal Newspaper titled, "Ruling Creates Bad Inverse Condemnation Precedent."

California Fire Alert

November 09, 2018

Howard Maycon, Kevin Bush, David Brisco, Mark Roth, and Peter Lynch discuss the Woolsey, Hill, and Camp fires currently burning in California.

Instant Inverse [Subrogation & Recovery Law Blog]

September 02, 2017

Until recently, inverse condemnation remained a relatively arcane area of California law. A spate of wildfires, spawning litigation by homeowners and their subrogating insurers, has breathed new life into this liability theory. Inverse condemnation is an eminent domain action initiated by the...

The Saga Continues - SB 800 Update - California's Right to Repair Act [Subrogation & Recovery Law Blog]

December 07, 2016

The Right to Repair Act has reared its ugly head again. In Elliott Homes, Inc. v. Superior Court (Hicks) 2016 DJAR 11930, the Third Appellate District issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied the pre-litigation procedures mandated by the Right to...

AND THE WINNER (PREVAILING PARTY) IS…. [Subrogation & Recovery Law Blog]

March 20, 2016

The California Supreme Court recently addressed whether a party that voluntarily dismisses an action, in exchange for a settlement payment, is entitled to recovery of costs as “the prevailing party.” In deSaulles v Community Hospital of the Monterey Peninsula 2016 DJDAR 2364, the Supreme Court...

If A Tree Falls And No One Hears It, Does Inverse Apply? [Subrogation & Recovery Law Blog]

June 23, 2015

Confronted with a bevy of wildfire and flood claims, public and private utilities frequently contend that the instrumentality responsible for causing damage does not constitute a “public use” required for an inverse condemnation claim. The California Court of Appeals, Second Appellate District, in...

A Deal Is Not A Deal, Until It's A Deal [Subrogation & Recovery Law Blog]

January 13, 2015

California Code of Civil Procedure section 664.6 was enacted in 1981 to provide a summary procedure to enforce settlements. That statute provides that a settlement may be enforced by motion either when an agreement is signed by all parties outside the presence of the court or when the settlement...

Principal Architect Liability [Subrogation & Recovery Law Blog]

July 08, 2014

The California Supreme Court, in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (2014) DJDAR 8787, recently held that an architect which serves as principal architect on a project owes a duty of care to future homeowners in the design of a residential building. Such...

Right to Repair Act Defense Rejected in California Subrogation Cases [Subrogation & Recovery Law Blog]

August 28, 2013

Christmas has come early for the California subrogation community! A recent decision from the Court of Appeals has held that the 2002 “Right to Repair Act” (aka SB 800) does not apply to cases in which a property owner has suffered actual damages. In a well-reasoned opinion, the court in...

Protect Yourself Before Voluntarily Filing A Dismissal [Subrogation & Recovery Law Blog]

July 31, 2013

In the throes of the dog days of Summer, a recent California decision has placed a chilling effect on voluntary dismissals. In Loong v Superior Court, 2013 DJAR 9593, the Court of Appeals, Second Appellate District, held that a voluntary dismissal of an action constitutes conclusion of an action....

California Court Affirms Strict Product Liability Despite Third-Party Criminal Act [Subrogation & Recovery Law Blog]

April 09, 2013

A California court has given new meaning to the judicial maxim “on a clear day you can foresee forever!” In Collins v Navistar 2013 DJAR 4169, the Court of Appeals, Third Appellate District, held that a manufacturer could be held strictly liable for damages allegedly caused by a...

USC Notches Important Courtroom Victory [Subrogation & Recovery Law Blog]

December 03, 2012

Just days after ending a disappointing football season, USC scored a major legal victory in the California Supreme Court. In Sargon Enterprises v. University of Southern California, 2012 DJAR 15846, a Court of Appeals ruling permitting expert testimony on potential lost profits was reversed. This...

Subrogation vs Contribution--Does it Matter? [Subrogation & Recovery Law Blog]

January 10, 2012

Practitioners and judges frequently use the terms subrogation and contribution interchangeably. This is legally incorrect and, as one insurance company recently learned, the distinction between the two concepts can be fatal. In American States Insurance Company v. National Fire Insurance Company of...

Summer 2010 [Subrogation & Recovery Observer]

July 29, 2010

Summer 2010 - Subrogation & Recovery Observer -

Jesusita Wildfire Causes Major Residential Damage [Subrogation and Recovery Alert!]

May 14, 2009

Jesusita Wildfire Causes Major Residential Damage - Subrogation and Recovery Alert! - On May 5, 2009, at approximately 1:45p.m., a fire erupted in Santa Barbara County in an area adjacent to the Jesusita Trail. The fire has spread across 8,733 acres and has forced approximately 30,000 residents to evacuate. The fire has damaged or destroyed upwards of 96 homes. [See list below*]. Approximately 5,400 homes have been evacuated and another 3,500 are threatened. Per CalFire, the fire is 80% contained and is expected
to be contained by May 20, 2009.

Insurance Coverage Observer [Winter 2008]

February 26, 2008

In this issue, we consider a number of emerging issues and also identify key developments in coverage in 2007. We summarize new court decisions dealing with toxic torts, environmental coverage, insolvency and regulatory issues, and construction defect. We feature a key construction defect coverage case in Illinois with important implications. We address global warming in the context of directors with officers liability coverage. Finally, we discuss the emerging areas of fax blast and food contamination, and the impact of the reauthorization of TRIA.

Fall 2007 [Subrogation and Recovery Observer]

October 01, 2007

Fall 2007 - Subrogation and Recovery Observer - As football season gets underway and the exciting post-season baseball action has
started, Cozen O’Connor’s Subrogation Department is pleased to announce the continued expansion of our team roster. The Fall 2007 edition of the Subro Observer includes the introduction of five new attorneys in Philadelphia, Charlotte, Chicago, San Diego, and Los Angeles.

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  • Southwestern University School of Law, J.D., 1977
  • University of Southern California, B.A., 1973
  • California
  • U.S. District Court -- Central District of California