Scott J. Vida, Founding Partner

From Los Angeles, California

Mr. Vida is a founding partner of Pollak, Vida & Barer, begun in 1988. He began his career as an insurance defense litigator, trying and arbitrating many personal injury lawsuits and uninsured motorist claims. This experience taught him the ins and outs of evaluating liability and damages issues. With that base he moved on to the litigation, including trial, of defending first and third party insurance bad faith lawsuits. This expanded Mr. Vida’s knowledge to include mastery of insurance claim handling and insurance coverage analysis. He built on this foundation to become a sought after insurance coverage and claim handling specialist, which has been his primary role for over 20 years. 

With the assistance of his highly experienced coverage associates, all of whom he personally trained, Mr. Vida generates about 30 coverage opinions a month. The scope of his coverage work is broad, and includes uninsured motorist coverage, personal and commercial auto liability, comprehensive personal liability, first party property losses, commercial general liability coverage and construction defects, and interpretation of commercial insurance policies and joint powers’ coverage memoranda on behalf of public entities. He regularly litigates declaratory relief actions, some of which resulted in published opinions that were very favorable for the insurance industry. These included Chamberlain v. Allstate Ins. Co. (9th Cir. 1991) 931 F.2d 1361, which significantly contributed to establishing a key principle in insurance law: an insurer's duty to defend an insured against allegations of an "accident" does not extend to claims where the insured intentionally committed the act causing the damage, even if the resulting harm was unintended. 

Mr. Vida published a comprehensive booklet on insurance coverage for the often-confusing area of insurance coverage for rental vehicle accidents entitled “Everything You Always Wanted to Know About Insurance Coverage for Rental Vehicle Accidents But Were Afraid to Ask,” and has testified as an expert witness on that and other insurance coverage topics. He has presented training to insurers on numerous topics, including handling policy limit demands; addressing liens; uninsured motorist/underinsured motorist coverage; claim handling regulations; reviews of coverage issues arising under comprehensive personal liability policies; first party contents claims, and many more. He daily provides informal advice to general questions Allstate personnel pose to him by phone and email.

Mr. Vida’s bad faith defense and claim handling experience has given rise to a sub-specialty in the evaluation and handling of policy limit demands. Insurers frequently seek Mr. Vida’s advice on thorny issues raised by policy limit demands, and rely on his claim handling, coverage and bodily injury defense background to evaluate and respond to policy limit demands. 

Mr. Vida was admitted to the California bar in 1982, and is admitted to practice before the U.S. Court of Appeals, Ninth Circuit, and U.S. District Court, Central, Southern, and Eastern Districts of California.

Education

University of California, Irvine (B.A., 1979); Yeshiva University, Benjamin N. Cardozo

School of Law, New York (J.D., 1982).

Published Appeals

Grace v. Mansourian (2015) 240 Cal. App. 4th 523

Encompass Ins. Co. v. Coast National Ins. Co. (9th Cir. 2014) 764 F.3d. 981

Allstate Insurance Co. v. Mercury Ins. Co. (2007) 154 Cal. App. 4th 1253

Degrassi v. Cook (2002) 29 Cal.4th 333

Degrassi v. City of Glendale (9th Cir. 2000) 207 F.3d 636

Chamberlain v. Allstate, 931 F.2d 1361 (9th Cir. 1991)

Potlatch Corp. v. Superior Court (1984) 154 Cal.App.3d 1144

Daniel P. Barer, Partner

From Walla Walla, Washington

Daniel P. Barer is a partner in Pollak, Vida & Barer and has been an attorney at the firm since 1992. Ever since his 1990 admission to the California Bar, Mr. Barer has advised and defended insurance companies for 36 years, insured persons, public entities, public officials, public employees, and private litigants in the trial and appellate courts. He has handled matters ranging from alleged dangerous conditions of public property to complex constitutional matters to insurance coverage issues. He also advises other attorneys on matters of law and procedure. He has been certified as a specialist in appellate law by the California Board of Specialization of the State Bar of California since 2000. He has briefed and argued appeals before the California Supreme Court, the Ninth Circuit Court of Appeals, and the lower appellate courts of California. His appellate work has resulted in more than 50 published decisions and orders.

Mr. Barer’s appellate work has also included monitoring trials, preparing pre-trial and trial motions, and preparing post-trial motions.

Mr. Barer's approach to advocacy is to combine legal scholarship with common sense, clear communication, and solid evidentiary support.

Education

University of California, Los Angeles (B.A., 1987); University of California, Hastings College of the Law (J.D., cum laude, 1990).

Memberships

Mr. Barer has been a member of the State Bar of California since 1990. He has been certified as a Specialist in Appellate Law by the California Board of Specialization of the State Bar of California since 2000. He is admitted to practice before the United States Supreme Court, the Ninth Circuit Court of Appeals, the Federal Circuit Court of Appeals, and all of the federal district courts of California. He is a member of Scribes, The American Society of Legal Writers.

Mr. Barer participates in the Association of Southern California Defense Counsel (ASCDC), which advances the interests of defense counsel, which would include reducing plaintiff legal system abuse. Mr. Barer also participates in the Defense Consortium, which is an informal group that devotes much of its meetings to addressing plaintiff counsel’s abuse of the legal system and ways to counter it.

Mr. Barer is Chair of the Appellate Courts Section of the Los Angeles County Bar Association for 2025–2027.

Mr. Barer often writes and speaks about California and federal law. His writings have been cited in court opinions.

Mr. Barer maintains a blog summarizing new government liability decisions:

https://governmentliabilityupdate.blog/

Since 2005, Mr. Barer has been designated a Super Lawyer by SuperLawyers.com.

Mr. Barer has been a member of Toastmasters International for over 20 years. He has reached the highest level, Distinguished Toastmaster.

Published Appellate and Other Decisions

Mr. Barer's primary practice is appellate law in the defense of insurance companies, public entities, public employees, public officials, and private defendants. He also handles appeals concerning insurance coverage and other aspects of insurance law. His work has generated over 50 published decisions. They include:

California Supreme Court Decisions

Tansavatdi v. City of Rancho Palos Verdes (2023) 14 Cal.5th 639 (design immunity and sign immunity)

Silverbrand v. County of Los Angeles (2009) 46 Cal.4th 106 (timeliness of notices of appeal by pro per prisoners)

DeGrassi v. Cook (2002) 29 Cal.4th 333 (causes of action for freedom of speech under the California Constitution)

Kobzoff v. Los Angeles County Harbor/UCLA Medical Center (1998) (Code of Civil Procedure section 1038 fee awards)

Ninth Circuit Court of Appeals Decisions

Monzon v. City of Murrieta (2020) 978 F.3d 1150 (police use of force and qualified immunity)

Jessop v. City of Fresno (9th Cir. 2019) 918 F.3d 1031 (qualified immunity for police seizure)

Vos v. City of Newport Beach (9th Cir. 2018) 892 F.3d 1024 (police use of force and qualified immunity)

Cook v. Harding (9th Cir. 2018) 879 F.3d 1035 (surrogate parenthood and claim preclusion)

Encompass Ins. Co. v. Coast Nat. Ins. Co. (9th Cir. 2014) 764 F.3d 981 (insurance coverage for loading and unloading vehicle)

Sprint PCS Assets, L.L.C. v. City of Palos Verdes Estates (9th Cir. 2009) 583 F.3d 716 (municipal regulation of cell towers based on aesthetics)

DeGrassi v. City of Glendora (9th Cir. 2000) 207 F.3d 636 (public employee’s right to defense; First Amendment rights of councilmembers)

California Court of Appeal Decisions

Tansavatdi v. City of Rancho Palos Verdes (2026)___Cal.App.5th____ (Design immunity and warnings)

Nassman v. Superior Court (McGinnis) (2026) 122 Cal.App.5th 658 (PREP Act immunity)

C.F. v. Alternative Family Services (2026) 120 Cal.App.5th 1208 (Duty of care of foster family agencies)

Harland v. City of West Hollywood (2026) 120 Cal.App.5th 1166 (Premature lawsuits against public entities)

Walton v. Victor Valley Community College Dist. (2026) (FEHA coverage of student nurses; settlement communication as claim for damages)

Wiley v. Kern High School Dist. (2024) 107 Cal.App.5th 765 (pleading standards for Bane Act claims)

County of Los Angeles v. Superior Court (Hernandez) (2024) 107 Cal.App.5th 160 (duties of social workers regarding child removal)

Cleveland v. Taft Union High School Dist. (2022) 76 Cal.App.5th 776 (immunity for school district threat assessments)

Christ v. Schwartz (2016) 2 Cal.App.5th 440 (zero damages awards in personal injury cases where liability conceded)

Grace v. Mansourian (2015) 240 Cal.App.4th 523 (standards for costs of proof awards based on requests for admissions)

Horath v. Hess (2014) 225 Cal.App.4th 456 (enforcing stipulated limit on arbitration award through motion for satisfaction of judgment)

Sanchez v. Brooke (2012) 204 Cal.App.4th 126 (workers compensation law limits on recoverable economic damages)

Roberts v. County of Los Angeles (2009) 175 Cal.App.4th 474 (outer statute of limitations for medical negligence suits against public entity healthcare providers)

Luna v. Vela (2008) 169 Cal.App.4th 102 (assumption of risk)

Ovando v. County of Los Angeles (2008) 159 Cal.App.4th 42 (juror misconduct; claim timeliness; accrual of legal malpractice actions against public defenders)

Lockhart v. County of Los Angeles (2007) 155 Cal.App.4th 289 (mandatory duty liability and mental healthcare facility immunity)

Paniagua v. Orange County Fire Authority (2007) 149 Cal.App.4th 83 (claim procedure and statute of limitations)

Gillan v. City of San Marino (2007) 147 Cal.App.4th 1033 (prosecutorial immunity)

Morgan v. City of Chino (2004) 115 Cal.App.4th 1192 (rent control laws and capital improvements)

Truck Ins. Exchange v. County of Los Angeles (2002) 95 Cal.App.4th 13 (subrogation against additional insurance)

LeVine v. Weiss (2001) 90 Cal.App.4th 201 (false claims act liability)

Favorite v. County of Los Angeles (1998) 68 Cal.App.4th 835 (tolling of late-claim application deadline based on mental capacity)

Martin v. County of Los Angeles (1996) 51 Cal.App.4th 688 (right to jury trial for equitable indemnity claim)

Garcia v. Superior Court (County of Los Angeles (1996) 42 Cal.App.4th 177 (right to hedonic damages under 42 U.S.C. section 1983)

Federal District Court Decisions

Walsh v. Tehachapi Unified School Districts (E.D. Cal. 2014) 997 F.Supp.2d 1071 & (E.D. Cal. 2011) 827 F.Supp.2d 1107 (school district negligence liability for student’s suicide)

Representing Amici Curiae

Quigley v. Garden Valley Fire Protection Dist. (2019) 7 Cal.5th 798 (pleading public entity immunities)

Hampton v. County of San Diego (2015) 62 Cal.4th 340 (design immunity)

Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175

Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112 (dangerous condition liability and duty to protect against third party acts)

Cornette v. State of California (2001) 26 Cal.4th 63 (design immunity)

Galland v. City of Clovis (2001) 24 Cal.4th 1003 (rent control)

Publications

Mr. Barer is co-author of updates to California Government Tort Liability Practice, published annually by Continuing Education of the Bar.

Mr. Barer is also the author of The Claim Book. This book is of high value to public entities, and is available free of charge from Pollak, Vida & Barer in PDF format, only to California public entities and their attorneys. To request a copy of this publication, send an email to law@pollakvida.com. Please let us know in your email your qualification to receive this publication.

His published articles include:

“California Supreme Court Decisions Interpreting Government Claims Act Immunities,” Los Angeles Daily Journal, December 7, 2023

“Know the Rules in Suits Involving the Government Claims Act,” Los Angeles Daily Journal, October 10, 2023

“Governmental Entity Litigation: The Mirror Dimension,” California Litigation, Vol. 35, No. 3 (2023)

"Write Your Papers Like You Try Your Cases," California Litigation, Vol. 29, No. 1 (2016)

"Leading the Dance: Drafting the Appellees' Brief," Certworthy , Volume 13, Issue 2, October 20, 2011

"Appellate Tips for Trial Lawyers: Summary of Facts," Los Angeles County Bar Association, Vol. II, No. 14, November 2010

Mr. Barer was a Practitioner Contributor to the Ninth Edition of Black's Law Dictionary (West 2009)

"Consequences of Wireless Case Are Not So Dire" (letter to the editor), Los Angeles Daily Journal , November 17, 2009

"The Collateral Conundrum: Olsen v. Reid Frames the Hanif/Nishihama Controversy - and Suggests How It Will Turn Out," California Litigation , Vol. 21, No. 3 (2008)

"Say it With Feeling: Aim for the Heart, or Go for the Gut,"Certworthy, Winter 2006

"California Courts Differ on Liability for Negligent Handling of Emergency Calls," Los Angeles Daily Journal , September 11, 2002

"Contractual Indemnification Claims Against Public Entities: When Are They Time-Barred?"Public Law Journal , Vol. 21, No. 5 (Winter 1998)