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Anne L. Rauch — Partner

Areas of Practice

Anne L. Rauch, a Partner with Berding|Weil, is board certified as an appellate specialist by the California Board of Legal Specialization for the State Bar. Her work on appeals and writs has resulted in wins in a broad range of practice areas including construction defect claims, real property litigation, business and partnership disputes, contract claims, insurance coverage, corporate governance and breach of fiduciary duty claims, and anti-SLAPP motions and appeals. While building her appellate practice, Anne acquired expertise in all aspects of common interest development law while also successfully navigating multi-million dollar construction defect claims for community associations from inception and the initial defect investigation through settlement, trial, and to successful conclusion on appeal. With that broad range of experience in both trial and appellate courts, Anne's good work has resulted in many published decisions shaping the law of California, including the application of the attorney-client privilege to communications between Association's litigation counsel and homeowners, the constitutional right to a jury trial, and refining the application of California's anti-SLAPP statute to better protect Constitutional free speech and petitioning rights. Representative cases are listed below, to name a few published wins.

Professional Experience

Anne brings important perspective to the firm's litigation and appellate practice groups. Prior to joining Berding|Weil, Anne managed the civil litigation and appellate department for a successful San Diego-based boutique law firm concentrating on common interest developments and construction defect litigation. Well rounded with experience in both trial and appellate courts, Anne now handles all aspects of civil writs and appeals while providing important strategic advice to trial attorneys on how to win at trial to keep the victory on appeal. Anne also confidently and competently handles and guides dispositive motions and the trial and post-trial motion process, greatly improving chances of success in the ensuing appeal if necessary.

Education

Anne received her Juris Doctor from the University of San Diego, School of Law. She has a Bachelor of Arts degree, magna cum laude, from San Diego State University.

Professional Affiliations and Activities

Anne is a member of the California Bar Association, San Diego County Bar Association, San Diego Appellate Inns of Court, The Lawyers Club of San Diego, Consumer Attorneys of California, and Consumer Attorneys of San Diego.

Speaking/Lecturing

Beginning in 2022, Anne teaches on-demand MCLE (mandatory continuing legal education) courses for CEB Continuing Education of the Bar in appellate practice and procedure, writ proceedings, and construction defect litigation.

Representative Published Appellate Decisions

Bodell Construction Company v. Trustees of California State University (1998) 62 Cal.App.4th 1508.
Treo @ Kettner Homeowners Association v. Superior Court (2008) 166 Cal.App.4th 1055.
Villa Vicenza Homeowners Association v. Nobel Court Development, LLC (2011) 191 Cal.App.4th 963.
Seahaus La Jolla Owners Association v. The Superior Court of San Diego County/La Jolla View LTD., LLC et al. (2014) 224 Cal.App.4th 754.
Palm Springs Villas II Homeowners Association, Inc. v. Parth (2016) 248 Cal.App.4th 268.
Rancho Mirage Country Club Homeowners Association v. Thomas Hazelbaker, Individually and as Co-Trustee, etc. et al. (2016) 2 Cal.App.5th 252.
Golden Eagle Land Investment, L.P. et al. v. Rancho Santa Fe Association (2018) 19 Cal.App.5th 399.
Cheveldave v. Tri Palms Unified Owners Association (2018) 27 Cal.App.5th 1202.
Hensel Phelps Construction Co v. Superior Court (2020) 44 Cal.App.5th 595.
Smart Corner Owners Association v. CJUF Smart Corner, LLC et al. (2021) 64 Cal.App.5th 439.

Publications

Anne serves as an annual contributing editor to CEB's Advising Common Interest Developments (Chapter 11, Construction Defects).

Professional Affiliations and Activities

  • California Bar Association
  • San Diego County Bar Association
  • San Diego Appellate Inns of Court
  • The Lawyers Club of San Diego, Consumer Attorneys of California
  • Consumer Attorneys of San Diego.