Roberts & Elliott, LLP

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About Roberts & Elliott, LLP, APLC


James K. Roberts is an experienced attorney, having been admitted to the California Bar over fifteen years.

Mr. Roberts obtained his BA from the University of California at Santa Barbara in 1977, graduating with honors. He obtained his Juris Doctorate from the University of San Francisco in 1980.

During law school, Mr. Roberts clerked for the California Attorney General.

Mr. Roberts is a co-author of CEB, Civil Procedure Before Trial, 3rd Ed. He is author of California Representing Victims of Crime. He has also authored published magazine articles on various issues of civil procedure, including the issues of joint and several liability and the relationship of criminal cases and civil cases.

Mr. Roberts has served on the Civil Procedure Committee of CAOC since 1993. In that capacity, he reviews and comments on all proposed statutory changes affecting civil procedure before the California Legislature.

He is a board member of the Santa Clara County Trial Lawyers Association from 1990 - 1991.

Mr. Roberts has tried in excess of 40 cases, including over 15 jury trials. He has participated in over 100 arbitrations as attorney or arbitrator. He has tried in excess of 30 administrative trials.

Mr. Roberts serves on the arbitration panels of the Santa Clara Superior Court and Santa Clara County Bar Association.

Mr. Roberts is admitted to practice before: The Supreme Court of California; US District Court, Northern District of California; US District Court, Eastern District of California; US District Court, Southern District of California; US Court of Appeals for Ninth Circuit.

Mr. Roberts has participated in excess of 10 appeals, and numerous writs.

Major cases Mr. Roberts has handled include:

Martinez v. KSOL, class action. (The free tools on the Bay Bridge case.)

Barroero v. Barroero, multi-jurisdictional dispute involving ownership interest in the Los Angeles Raiders. Multiple parties received substantial settlement following years of litigation on first day of trial.

Vitug v. Griffin, wrongful death claims. He was associated into the case following the filing of a motion of dismissal as to a significant defendant. The published appellate opinion expanded tort liability of receivers in property management and altered notice requirements related to discharge of receivers in California. This case merits three pages of discussion in a major legal publication (Witkin), in three separate sections.

Magnett v. Saratoga Savings, Resolution Trust Corp., complex RTC litigation involving multiple parties.

ETS v. VLSI Technology, complex computer industry litigation.


Kirk Elliott graduated from Santa Clara University School of Law with a Juris Doctorate in 1988. He obtained his BA from the University of California at Santa Barbara in March 1985

Mr. Elliott is a member of American Trial Lawyer of America, California Consumer Attorneys, Santa Clara County Bar Association, Santa Clara County Trail Lawyers Association, Santa Clara County Criminal Defense Bar, California Deuce Defenders, California Public Defenders Association.

During law school, he was a participant in the Santa Clara University School of Law Geneva/Strasbourg Summer Program (1986) Institute of International & Comparative Law.

At University of California at Santa Barbara, Mr. Elliott was a participant in the Capitol Hill Program, serving as Legislative Intern to Congresswoman Olympia J. Snowe, 2nd District, Maine (1982).

Mr Elliott was admitted to the California State Bar in 1989 and shortly therafter took the position of associate attorney at James Roberts & Associates. In 1991, Kirk Elliott became a full-partner and President in Roberts & Elliott, LLP.

NOTICE: This general information sheet is not intended to guide you in the defenses of your particular case or provide legal advice as to your particular case. Each case is different. For legal advice on the particulars of your case, you should consult an attorney. To speak to an experienced attorney please contact Roberts & Elliott, LLP at (408) 275-9800
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