Overview

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With over 20 years’ experience as a trial lawyer, Rebecca Fortune, Partner and Co-Chair of the Firm’s Litigation Practice Group in San Diego, is an accomplished trial attorney specializing in civil litigation, with expertise in complex commercial, business, and real estate disputes. Having tried more than 40 matters to verdict or judgment, Rebecca is known for her strategic use of technology throughout the litigation process and consistently delivers favorable outcomes for her clients. Notably, judicial officers in both state and federal courts routinely comment upon Rebecca’s focus and effectiveness, particularly in her personal use of trial presentation technology, enhancing a jury’s ability to understand otherwise complex business and real estate transactions.

Rebecca routinely represents clients in corporate and partnership disputes (including derivative actions), state and federal antitrust (price fixing, monopolization, and tying), unfair competition, and trade secret misappropriation claims; real estate non-disclosure actions, state and federal fair housing and discrimination claims, commercial lease disputes, easement/boundary disputes, and commercial and residential common interest association disputes.

Beyond her practice, Rebecca contributes to the legal community by serving as a judge and commentator at trial advocacy seminars, advocating for the practical use of technology to streamline processes, improve presentation quality, and reduce time in trial, thereby mitigating overall litigation expense. A past-president of the Association of Business Trial Lawyers’ San Diego Chapter, Ms. Fortune now serves on its Board of Governors, and is a member of the American Board of Trial Advocates (ABOTA). More recently, Ms. Fortune was recognized by Best Lawyers® as a 2027 “Lawyer of the Year” in Litigation – Real Estate.

Business Litigation Representation

  • Plaintiff’s counsel to prospective purchaser of $75M hotel asset in fraud and specific performance claim against the seller, resulting in pre-litigation settlement.
  • Defense counsel to corporate officers and directors in shareholder derivative suit valued in excess of $150M.
  • Plaintiff’s counsel to owner of design patent in patent infringement action against a national pet products retailer.
  • Defense counsel to publicly traded REIT in negligence and breach of contract actions brought by owners within a commercial common interest development.

Real Estate Litigation Representation

  • Successful defense of a $4B real estate development company in a $500M antitrust action filed by the world’s largest private owner of life science real estate arising out of claimed violations of a commercial property owner’s association’s governing documents.
  • Plaintiff’s counsel to regional property developer in suit to extinguish a historical access easement creating impediments to development of a $2B project.
  • Plaintiff’s counsel to owner of $7M residential property damaged by a slope failure on neighboring property.
  • Plaintiff’s counsel to owner of commercial self-storage facility against the County arising out of the County’s failure to perform maintenance obligations required under an open space easement.
  • Defense counsel to national multifamily housing provider in fair housing discrimination and “junk fee” class action.

Admissions

  • California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Colorado

Education

  • Thomas Jefferson School of Law, J.D.
  • Eckerd College, B.A., Forensic Psychology

  • Best Lawyers in America “Lawyer of the Year,” Litigation – Real Estate (2027)
  • Best Lawyers in America, Litigation – Real Estate; Real Estate Law (2026-2027)

 

  • Commercial Lease Litigation
  • Franchise Litigation
  • Retail Leasing Litigation

  • Past President, Association of Business Trial Lawyers, 2021
  • Board of Governors, Association of Business Trial Lawyers, 2016-current
  • Member, American Board of Trial Advocates, 2024-current

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