Heather U. Guerena practices in the areas of commercial litigation and appellate law. Ms. Guerena has litigated matters involving business; trademark, copyright and patent infringement; land use; products liability; construction law; and banking. In addition, she assisted in a trial involving a contract dispute which resulted in a multimillion-dollar verdict in favor of our client. She has extensive experience representing clients before state and federal courts, and in mediations. Ms. Guerena concentrates on complex commercial litigation to assist businesses and to protect their interests and contract rights. Her knowledge of commercial law makes her a versatile advocate and business counselor.

In relation to the banking industry, Ms. Guerena has represented national banks and loan service companies in complex commercial litigation, including commercial and residential nonjudicial foreclosures, judicial foreclosures and creditor's rights issues, which includes obtaining relief from stay in various bankruptcy courts. She also has experience with consumer lending litigation, mechanics' lien lawsuits, RESPA claims, forbearance agreements, loan purchase and sale agreements, predatory lending claims, discriminatory lending claims, Fair Debt Collection Practices Act claims and many other issues.

While in law school, Ms. Guerena served as judicial extern to the Honorable Judith Haller of the California Appellate Court, Fourth District, Division One. Currently, she is a member of the Lawyers Club of San Diego, the San Diego Bar Association and the Association of Business Trial Lawyers. Ms. Guerena is a 2005 graduate of California Western School of Law, where she received Academic Achievement Awards in Legal Skills III and Trial Practice and was on the Dean's List. She was a member of the Traynor Moot Court Team and an executive officer on the Moot Court Honors Board where she coordinated the One L Trial Competition, the Negotiation Competition, and Legal Argument Workshops.

Ms. Guerena is a graduate of the University of Southern California with a Bachelor of Science in Public Policy and Management. She was inducted into the academic honors societies of the Pi Alpha Alpha Honors Society and the Residential Student Leadership Honorary (which is for the top 1 percent of student leaders in university housing). Ms. Guerena was the vice president of the programming board for the University Residential Student Community, a resident advisor, and conference chair for entertainment and hospitality for the National Association of College and University Residential Housing. During her undergraduate studies, Ms. Guerena worked for the Honorable Don Knabe, Los Angeles County Supervisor, Fourth District, and interned for Senator Diane Feinstein in her Washington, D.C. office.

Representative Matters

• Obtained on behalf of Milan Capital Management from the California Court of Appeal a ruling preserving a trial court victory affirming Milan's ability to proceed with a residential development in the City of Orange in Southern California, setting a precedent confirming the powers of local legislative bodies to interpret and apply their own general plans to development projects.
• Represented a zoo during a trial involving another zoo's elephant exhibit, which contains two elephants that belong to the client.
• Representation of national banks in actions related to foreclosures, breach of contract and the UCC.
• Representation of companies in complex tort litigation.
• Representation of publicly traded companies in products liability, contract disputes and trademark and patent infringement litigation.
• Representation of national restaurant franchisors in defense of trademark and trade-dress issues.
• Representation of companies at both the trial and appellate level.

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 Eastern District of California
• U.S. District Court for the Northern District of California

Education

• California Western School of Law, J.D., 2005
• University of Southern California, B.S., 2002

Other Experience

• Duane Morris LLP
  - Associate, 2005-present

Professional Activities

• Lawyer's Club of San Diego
• American Inns of Court - Wallace Inn
• San Diego Bar Association
• American Bar Association
• Association of Business Trial Lawyers

Civic and Charitable Activities

• Distinguished Young Women of San Diego
  - Board of Directors

Publications

• Co-author, "Not-So-Smooth Sailing Under CPSIA," Law360, March 27, 2009