Bates Winter Mistretta

Bates Winter & Mistretta LLP handles civil litigation matters throughout the state of California. Our litigation assignments come from insurance companies, third party administrators, individuals, business owners and companies, including Fortune 500 businesses.


Plaintiff claimed a traumatic brain injury, neck pain, and low back pain as a result of a tree falling on him on defendants’ property.  Liability for this incident was not disputed.  Plaintiff requested the jury to award approximately $1 million in damages.  The jury agreed with the defense that plaintiff ... Read More
August 31, 2021Bates Winter Mistretta



Recent Trial – May 2019

In an admitted liability case where the plaintiff had undergone minimal conservative treatment and alleged post-traumatic stress lasting four-year post-collision, the jury awarded approximately $16,000, as opposed to the $1,200,000 requested by the plaintiff. The jury agreed with our medical experts that plaintiff suffered from a degenerative neck condition ... Read More
September 3, 2019Bates Winter Mistretta


In a disputed liability case, Plaintiff fell and broke his neck at Defendant homeowner’s property. Plaintiff sought damages in excess of $600,000. The jury found Plaintiff to be 95% at fault, with a net verdict of just under $9,000.
November 18, 2014Bates Winter Mistretta


In an admitted liability case, Plaintiff claimed that a motor vehicle accident resulted in soft tissue injuries as well as a knee injury requiring surgery. Plaintiff requested that the jury award over $65,000, in damages. The jury, agreeing with Defendants position that this accident caused only minor soft tissue injuries ... Read More


Plaintiff claimed the need for neck surgery as a result of a motor vehicle accident. Liability for this accident was not disputed. Plaintiff requested the jury to award $900,000 in damages. The jury ultimately agreed with the defense and his expert that Plaintiff had a two-decade history of degenerative disc ... Read More


In a case of disputed liability, Plaintiff claimed that Defendant was the cause of a motor vehicle accident despite the fact that an independent witness confirmed another motorist caused the accident. Plaintiff claimed only soft tissue injuries, but requested the jury award him over $150,000. The jury agreed with the ... Read More


In a bench trial concerning a complaint against a Homeowners Association and its President, Plaintiff sought damages alleging lost rental profits. Defendants ultimately prevailed, Plaintiff was awarded no costs, and the judge ordered Plaintiff to pay Defendants costs.
February 3, 2014Bates Winter Mistretta


Plaintiff claimed that she suffered a plethora of injuries that required years of treatment and claimed a substantial loss of income. Liability was not at issue. She asked the jury for over $500,000, but the jury awarded her only $45,000, agreeing with Defendant’s medical expert that Plaintiff suffered only soft ... Read More


In an admitted liability case where plaintiff had undergone back surgery, the jury awarded only $18,000, rather than the $1,425,000 asked for, as the jury agreed with our team of medical experts that plaintiff suffered from a degenerative condition in her back, not a new injury.


Plaintiff abandoned his case in mid-trial, accepting our pre-trial offer for less than one-fourth of his demand after our cross-examination of plaintiff and his doctors used plaintiff’s own medical records to show multiple reasons for his complaints, all unrelated to his accident.