Andrew Klimenko is a Partner in the San Francisco office of GRSM and is a member of the Tort & General Liability Practice. 

Andrew has successfully defended and prosecuted a broad spectrum of matters including commercial claims, breach of contract, catastrophic personal injury and wrongful death, real estate, and professional error and omissions liability claims. 

He has completed more than 55 jury trials to verdict, as well as numerous binding arbitrations, with a success rate of better than 90%.

Representative Experience

  • San Francisco Superior Court defense verdict following jury trial for solar company who’s panel truck allegedly struck and ran over plaintiff, a 70 year old woman in a cross walk, sustaining catastrophic injuries. The plaintiff requested an award in the amount of $16M. ($1M policy limit offered and rejected. Defendant driver did not appear at trial.)
  • Defense biding arbitration award on claim for equitable mortgage against members of a San Francisco tenants in common development, to include the affirmative recovery of over $1M in damages and attorneys’ fees on their cross claim against the developer for negligence and fraud.
  • Defense binding arbitration award on behalf of full service San Francisco real estate brokerage on claim of financial elder abuse, professional negligence, and punitive damages.
  • Defense verdict on behalf of property owner on a claim for a life estate in building valued over $2M.
  • $2.45M recovery on behalf of elderly woman who sustained severe spinal injuries falling on a mis-leveled sidewalk, with significant “trivial defect” defense.
  • Successful defense of trademark infringement/Lanham Act claim involving a well-known Bay Area trade mark in the U.S. District Court, Northern California. 

Published Opinions

  • Union Pacific Corp. v. Wengert (2000) 80 Cal.App.4th 1255, case of first impression, limiting recovery on claims for equitable indemnity to economic damages pursuant to Proposition 51.
     

  • Faculty, Trial Tactics Seminar, Defense Research Institute, March 2017, Las Vegas, Nevada
  • Speaker, Beyond Boiler Plate: Raising the Bar on Motions in Limine, San Francisco Trial Attorneys, Continuing Education Program, 2012
  • Speaker, Litigating Landlord-Tenant Disputes, Association of Defense Counsel Northern California, June 2007
  • Speaker and panelist at various presentations and seminars for major insurers, 3rd party administrators and in house counsel on a variety of topics, including insurance coverage for residential tenant claims
     

Admissions

  • California
  • U.S. District Court for the Northern District of California
  • U.S. Court of Appeals for the Ninth Circuit

Memberships

  • American Board of Trial Advocates (ABOTA)
  • American Bar Association

Education

  • J.D., California Western School of Law
  • B.A., University of California, Santa Barbara

Certifications

  • Mediation Certification, Bar Association of San Francisco (Ron Kelly, trainer)

Honors

  • AV Preeminent Rating – Martindale Hubbell
  • Super Lawyers, 2005, 2010, 2011, 2015 – 2017