Joshua Patashnik

Josh Patashnik brings to his practice a wealth of experience and a deep understanding of appellate litigation. As a deputy solicitor general at the California Department of Justice, Josh worked on many of the state’s most complex and consequential matters, with a particular focus on litigation in the Supreme Court of the United States and the California Supreme Court. He routinely served as the lead drafter of briefs and argued more than a dozen cases at all levels of the federal and state judiciary. His experience spans a wide range of substantive legal areas, including constitutional and administrative law, federal preemption, environmental law, and antitrust and unfair competition. 

Josh counseled the Attorney General of California—as well as the Governor, other high-ranking state officials, and dozens of state agencies—on key strategic decisions at all stages of litigation, from building an administrative record to trial to appeal. He developed substantial experience in seeking and opposing requests for emergency relief in both federal and state courts, including writs, stays, and injunctions pending appeal. Josh also led settlement negotiations on behalf of state agencies; coordinated and drafted amicus curiae briefs on behalf of bipartisan multistate coalitions; and advised the Attorney General on proposed legislation, regulation, and policy initiatives. 

Before joining the California Department of Justice, Josh was a civil litigator in private practice in San Francisco, where his practice spanned virtually all aspects of trial and appellate litigation. He is a former law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Chief Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit. 

Josh is active in the legal community, holding several leadership positions with bar organizations. He serves on the California Lawyers Association’s Committee on Appellate Courts and is the Civil and Criminal Rules Chair of the San Diego County Bar Association’s Appellate Practice Section. Josh edits the California Litigation Review’s annual overview of appeals and writs and hosts the “Meet the New Justices” webinar series featuring newly appointed jurists on the California Court of Appeal. He is also a member of the California Academy of Appellate Lawyers and serves as a mentor for younger lawyers.