Matthew D. Pearson

Associate

Costa Mesa
T +1.714.966.8882
F +1.714.754.6611

Overview

Matt Pearson concentrates his practice on class-action defense and focuses primarily in the ever-growing and constantly evolving area of privacy. Having handled class actions from the motion to dismiss through the final appeal, Matt is highly experienced in all stages of class litigation. He understands the stress and burdens placed on companies facing bet-the-company litigation and works tirelessly to make the process as painless as possible.

While an aggressive advocate on behalf of his clients, Matt knows that cooperation can lead to the same or better outcome while saving his clients time and money.

Select Experience

  • Obtained, with prejudice, dismissal of a nationwide putative class action lawsuit filed in Nevada federal court against Envision Healthcare Corporation, which alleged claims stemming from a phishing attack on Envision’s systems. The decision clarified the pleading standard for damages in the data breach-context under Rule 12(b)(6). Additionally, prevailed on a motion to stay discovery pending the court’s ruling on the motion to dismiss. Pruchnicki v. Envision Healthcare Corp., 439 F.Supp.3d 1226 (D. Nev. 2020).
  • Obtained ruling from Ninth Circuit Court Appeals, affirming Nevada federal court’s dismissal, with prejudice, of nationwide putative class action. The decision, although unpublished, has helped solidify in the Ninth Circuit that lost time, absent more, is insufficient to allege cognizable damages in a data-breach class action.
  • Obtained, with prejudice, dismissal of nationwide putative class-action lawsuit filed in the Superior Court of California. In that decision—one of the first in California state court—the Superior Court of California rejected the plaintiffs’ ”benefit-of-the-bargain” theory, finding that the plaintiffs received exactly what they bargained for: medical services.
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Experience

  • Obtained, with prejudice, dismissal of a nationwide putative class action lawsuit filed in Nevada federal court against Envision Healthcare Corporation, which alleged claims stemming from a phishing attack on Envision’s systems. The decision clarified the pleading standard for damages in the data breach-context under Rule 12(b)(6). Additionally, prevailed on a motion to stay discovery pending the court’s ruling on the motion to dismiss. Pruchnicki v. Envision Healthcare Corp., 439 F.Supp.3d 1226 (D. Nev. 2020).
  • Obtained ruling from Ninth Circuit Court Appeals, affirming Nevada federal court’s dismissal, with prejudice, of nationwide putative class action. The decision, although unpublished, has helped solidify in the Ninth Circuit that lost time, absent more, is insufficient to allege cognizable damages in a data-breach class action.
  • Obtained, with prejudice, dismissal of nationwide putative class-action lawsuit filed in the Superior Court of California. In that decision—one of the first in California state court—the Superior Court of California rejected the plaintiffs’ ”benefit-of-the-bargain” theory, finding that the plaintiffs received exactly what they bargained for: medical services.
  • Successfully achieved dismissal of multiple class action lawsuits against a technology application company in multiple data breach lawsuits alleging that plaintiffs’ payment card and personal information was stolen and misused through online customer support services. The plaintiffs filed three separate lawsuits asserting claims in California and Georgia courts for violation of California’s Unfair Competition Laws, the Computer Fraud Act, the Stored Communication Act, negligence, breach of implied contract, negligence per se and unjust enrichment. Successfully defeated all three actions, one on the basis of the first filed doctrine and two on the merits after motions to dismiss. Successfully blocked discovery at all phases of the cases to date. Two dismissals were affirmed on appeal to the Ninth Circuit Court of Appeals.
  • Obtained order decertifying putative class containing nearly one million putative class members, thereby reducing client’s exposure by millions in Telephone Consumer Protection Act case.
  • Represented a major utility company in a wildland fire case involving hundreds of plaintiffs, including a multimillion-dollar business. Worked closely with attorneys from multiple teams, strategically attacked weaknesses in the plaintiffs' claims and postured the case for potential appeal to overturn California inverse condemnation law. Prepared case for mediation and trial, and obtained favorable resolution on the eve of the trial.
  • Defended a telecommunication company in a putative class action. Through the use of targeted discovery and a good relationship with the opposing counsel, successfully leveraged defense strengths to reach a favorable resolution early in the litigation.
  • Represented a U.S. aviation company in a products liability suit arising out of a plane crash. Handled all trial preparation and assisted with expert discovery after the co-defendants settled on the eve of the trial. Ultimately achieved a favorable resolution.
  • Obtained summary judgment on behalf of a general contractor in an action involving breach of contract and other fraud-based claims. Successfully proved that the general contractor was not contractually obligated during contract negotiations.
  • Represented a foreign technology company in a complex breach of contract dispute against a distributor and its owner, the client's former executive.
  • Obtained dismissal on behalf of a client in a toxic tort case after grant of several motions-in-limine, which, in essence, defeated the plaintiffs' claim.         
  • Defended numerous product manufacturers in actions involving product liability and breach of warranty.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America®
    • “Ones to Watch” Colorado: Commercial Litigation (2022 to 2023)
    • “Ones to Watch” Colorado: Mass Tort Litigation/Class Actions - Defendants (2022 to 2023)

Memberships

  • American Bar Association
  • Los Angeles Bar Association

Prior Positions

  • Los Angeles Public Defender’s Office: Law Clerk

Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Western District of Michigan
  • California

Education

  • J.D., University of California, Davis School of Law, 2013, Order of the Coif, California Supreme Court Clinic, Moot Court Board, Prison Law Clinic
  • B.A., Business Administration, Chapman University, 2009, magna cum laude, Perkins Leadership Award