Mark G. Rackers

Mr. Rackers is an associate in the Business Trial practice group in the firm's San Diego office.

Areas of Practice

Mr. Rackers practices general business and commercial litigation.  He represents plaintiffs and defendants in disputes in state and federal court, including class action disputes involving claims for breach of contract, unfair business practices and unfair competition, false advertising, fraud, breach of fiduciary duty, negligence, bad faith, unjust enrichment, Consumer Legal Remedies Act, Truth in Lending and Real Estate Settlement Procedures Acts, quiet title, infliction of emotional distress, and other causes of action.  Mr. Rackers represents clients in such industries as banking and finance, mortgage, hospitality and retail.  He has also acted as lead associate in wage and hour class action lawsuits and has experience litigating land use and environmental disputes.

Education

• J.D., University of San Diego School of Law, 2007, Order of the Barristers; Executive Chair, Appellate Moot Court Board; Moot Court National Team; Association of Southern California Defense Counsel Scholarship
• M.A., San Diego State University, Comparative Literature and Translation, 2003
• B.A., University of California San Diego, 1996

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. Court of Appeals for the Ninth Circuit

Languages

• Spanish

Recent Litigation Successes

• Obtained complete dismissals of over fifty single-plaintiff mortgage-related complaints.
• Successfully argued before the California Fourth District Court of Appeal.
• Negotiated a settlement and obtained a with prejudice dismissal of a breach of contract lawsuit pursuant to which the client paid nothing.
• As lead trial counsel, obtained a complete victory after a jury trial in a pro bono case.
• Assisted families with finalizing adoptions and requesting specialized care rate assessments through pro bono partnership with Public Counsel Adoptions Project.
• Successfully argued pro bono immigration appeal with the Ninth Circuit Court of Appeals.

Other Experience

• Extern for the Honorable William Q. Hayes, United States District Judge for the Southern District of California, January 2006 to May 2006
• Intern, California Attorney General's Office, Criminal Appellate Division, September 2005 to December 2006
• Intern, San Diego Volunteer Lawyers Program, Elder Law & HIV/AIDS Clinics, January 2005 to May 2007
  

Memberships

• Member, State Bar of California
• Member, Louis M. Welsh Chapter of the American Inns of Court
• Member, San Diego County Bar Association

Articles

Financial Institutions Law Blog Articles

• "Dispelling the Myth of MERS as a 'Sham' Beneficiary," October 18, 2011
• "More Teeth For The Tender Rule," June 16, 2011