Mitchell L. Norton

Mitchell Norton has more than 30 years of experience representing clients in complex real estate, insurance coverage, land use, environmental, tax and general business litigation matters. He has prosecuted and defended complex commercial disputes involving UCC and warranty issues, antitrust, unfair competition, labor and employment, financial institution, eminent domain, environmental, insurance coverage, real estate, construction contract disputes and land use.

Since joining Nossaman, Mitch has handled a wide range of litigation matters including real estate, Public Records Act disputes, landlord/tenant, telecommunications, unlawful detainer, quiet title, land use, water rights and contractual disputes.

Prior to joining Nossaman, Mitch accumulated more than 20 years of experience as the “go-to” San Bernardino County Counsel litigation attorney for eminent domain, inverse condemnation, premises liability and tax litigation matters. While responsible for complex eminent domain and land use litigation and negotiations for San Bernardino County, Mitch regularly handled multiple matters on behalf of the County Real Estate Services Department, Land Use Services Department, Flood Control District and the Department of Public Works to acquire necessary rights of way for important public infrastructure projects. In addition, Mitch also served for five years on the Corona Planning Commission, including a one-year term as Chair, and has presented at numerous eminent domain conferences throughout Southern California.

Experience

Colonies Partners v. San Bernardino County. As Deputy County Counsel, Mitch was involved in many aspects of one of the most significant and well-publicized litigation matters in recent California history. Mitch was trial counsel in the initial quiet title trial against developers Colonies Partners and supervised multiple teams of prominent private law firm trial attorneys in subsequent phases of the litigation resulting in a $102 million settlement of the developer’s $300 million inverse condemnation claims. Mitch was instrumental in obtaining a $9.5 million payout from Travelers Insurance arising out of an environmental policy and tens of millions in coverage from AIG after a binding arbitration before JAMS. 

Los Angeles County Metropolitan Transportation Authority. While at Nossaman, assisted Metro with successful defense of petition for writ of mandate concerning Metro’s response to a Public Records Act lawsuit arising out of the Sepulveda Transit Corridor Project.

Clayton Industries v. SPX Corp. As a senior associate at another firm, Mitch was a key member of the trial team that secured a $9 mm settlement of a ‘bet the company’ breach of contract and antitrust dispute following a two-week binding arbitration before AAA. The trial team successfully defeated SPX’s $70 mm counterclaim based on alleged violations of the Robinson Patman Act. Mitch flew around the country taking apex witness depositions and successfully defended senior Clayton management in discovery proceedings before a discovery referee and handled expert witnesses at trial. 

San Bernardino County v. AIG et al. As Deputy County Counsel, Mitch helped secure tens of millions of dollars in recoveries from four different insurers for perchlorate cleanup costs of the Rialto contamination plume. Mitch defended numerous senior County witnesses in deposition and supervised dispositive motion work and was an integral part of the team that secured the settlements in four separate mediation proceedings.

Van Herle v. San Bernardino County. As Deputy County Counsel, Mitch successfully defeated an attempt by a physician to enjoin a tax sale after failing to pay property taxes for more than five years. After a multi-day evidentiary hearing including live testimony from the County’s chief tax collector, Mitch convinced the trial judge that the homeowner received proper notice of the defaulted taxes, state law could not be invoked to stop the sale and even the homeowner’s subsequent bankruptcy was insufficient to stay the sale. The court rejected all the arguments raised by the physician.

San Bernardino County v. United States of America. As Deputy County Counsel, Mitch litigated a landmark case against the National Park Service and environmental groups that resulted in the first nationwide settlement of a land use case under the Federal Statute known as “RS 2477.” Mitch negotiated a complex settlement that resulted in the Federal Government recognizing the County’s authority to regulate roadways within the Mojave National Preserve, but also incorporated a detailed interagency agreement that allowed for both entities to maintain authority within the Preserve. 

BFI v. BLT. As an associate at another firm, Mitch was on the trial team that defeated an attempt by a small competitor of nationwide sanitation company BFI through contract and antitrust claims pursuant to an unlawful detainer suit to try to oust BFI from the Central Transfer Station in downtown Los Angeles. Mitch handled many percipient and expert witnesses in pretrial proceedings and at trial and was instrumental in organizing the trial judge’s visit to the site, a key piece of evidence that led to BFI’s complete defense victory.

San Bernardino County v. Valencia. As Deputy County Counsel, Mitch was lead litigation counsel in a breach of contract and fraud action against a contractor who failed to deliver on an agreement to build a variety of exhibits for the County’s new prehistoric exhibit. After extensive discovery proceedings, Mitch negotiated a substantial settlement against the contractor’s insurer that funded the County’s paying another artist to construct all the mastodon models and geologic displays for the new wing of the museum.

Stewart v. San Bernardino County. As Deputy County Counsel, Mitch successfully obtained summary judgment in a contested premises liability matter in which a young girl was struck by a vehicle while walking a crosswalk. Though the County exercised jurisdiction over one quadrant of the intersection at issue, Mitch demonstrated that the County had nothing to do with the safety features and design elements of the area germane to the accident.

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American Mock Trial Association, Judge, 2018-present

California State Bar Association, Litigation Subsections