Ms. Smiddy is based in San Diego, California, and acts as Senior Counsel on cases in Northern and Southern California. Ms. Smiddy believes in personalized legal representation for all her clients in an efficient and cost-effective manner.  She practices general civil litigation, and her practice has consisted of both plaintiff and defense work in cases involving: employment law, breach of contract, business owner disputes, trade secret issues, commercial leases, real estate nondisclosure, neighbor disputes, permitting issues, and construction defect. Ms. Smiddy also consults with businesses on their compliance and human resource needs, and on real estate and construction matters. Ms. Smiddy’s extensive knowledge of multiple practice areas enables her to be a “one stop shop” for her business and individual clients.

Ms. Smiddy received a Bachelor of Arts degree in Economics from University of California, Berkeley in 2005. She received a juris doctorate from University of San Francisco School of Law in 2009, and earned the Pro Bono Publico Award and Public Interest Law Certificate. Early on, she gained courtroom experience representing abandoned and abused children in the Child Advocacy Clinic, and later representing disabled individuals in Social Security Disability Insurance administrative hearings with the Legal Aid Society of San Diego. Ms. Smiddy currently acts as a Hearing Officer to decide contested citations issued by the City of San Diego for violations of the California Vehicle Code and San Diego Municipal Code.

In her free time, Ms. Smiddy particularly enjoys picnics, museums, watching baseball games, and trying new restaurants.  She appreciates restaurant recommendations.  She likes to travel, and studied abroad in the Netherlands, Belgium, Ireland, and the Czech Republic.

Practice Areas: Employment law (discrimination, harassment, retaliation, wage and hour, HR policies and practices); Business law (partnership disputes, breach of contract, business torts, trade secrets, Unfair Competition law); Real Estate (real estate nondisclosure, commercial leases, neighbor disputes, issues pertaining to Homeowner Associations and Tenancies-In-Common); and Construction Defect (defects, permitting issues, and construction contracts).

PUBLICATIONS

Ms. Smiddy coauthored a practice guide with the Insolvency Law Standing Committee of the Business Law Section of the State Bar of California, entitled “2014 ABC Desk Guide.” The Desk Guide provides a convenient compilation and outline of the relevant state and federal statutes and cases affecting the operation of assignments for the benefit of creditors under California law. The practice guide is available for purchase from the State Bar of California.

LICENSING

Ms. Smiddy is a member of the California State Bar. She is admitted to practice in the United States District Courts in Southern, Central and Northern California.

REPRESENTATIVE CASES

• Successfully opposed summary judgment for business client on cyber security matter that later resulted in confidential settlement.
• Drafted winning respondents’ brief to the California Court of Appeal, First Appellate District regarding business tort claims, after obtaining dismissal at the pleading level (unpublished opinion).
• Drafted winning respondents’ brief to the California Court of Appeal, First Appellate District regarding business tort claims, after obtaining dismissal on summary judgment, including sanction award against appealing party and attorney (unpublished opinion).
• Represented plaintiffs in class actions involving wage and hour violation in both California and Federal Courts.
• Represented employers in civil litigation matters involving discrimination, wrongful termination, and wage and hour issues.
• Prosecuted complex real estate nondisclosure and construction defect case on behalf of homeowners in a tenancy-in-common.
• Settled dispute between members of a limited liability gaming company, avoiding the expense of litigation.
• Obtained early dismissal of real estate breach of contract case in federal court for business and individual clients.
• Obtained favorable judgment for secured lender in state trial and appellate courts.
• Obtained favorable verdict for client in a trial under the Uniform Fraudulent Transfer Act.
• Successfully opposed requests for temporary restraining orders and appointment of receivers ex parte.
• Expunged lis pendens in civil real estate matter.
• Obtained favorable settlements for numerous clients in toxic tort / landlord tenant, personal injury, breach of contract, construction defect and real estate matters
• Created, reviewed, and revised numerous business formation documents, partnership agreements, commercial leases, employment agreements, etc.

CONTACT

Email: asmiddy@astralegal.com

Telephone: (619) 329-1271