Joshua S. Hopstone

Joshua S. Hopstone is a versatile litigator with experience counseling businesses and individuals in a broad range of practice areas.  With a deep understanding of California law and a strategic approach to resolving complex and multifaceted disputes, Josh provides clients with effective legal solutions tailored to their unique needs.

Real property litigation.  The focus of Josh’s litigation practice is complex real estate, land use, and construction-related disputes.  Josh advises and represents landowners, brokers, contractors, developers, and landlords in all legal aspects of real estate construction, development, and ownership and operation.  Josh has particular experience litigating disputes arising from the sale or lease of property (including contract, warranty, negligence, rescission and nondisclosure claims); the land use entitlement, development and permitting process; construction contracts, defects, warranties and mechanics liens; lease disputes and unlawful detainer actions; and quiet title, partition, boundaries, easements, encroachments, and other title-related disputes.

Trust litigation.  For over ten years, clients have trusted Josh to protect their interests in trusts and estates that are subject to contest or dispute.  Josh’s clients include trustees, administrators, heirs, court-appointed receivers and fiduciaries, and individual and charitable beneficiaries who need guidance and representation navigating the trust and probate litigation process.  Josh has extensive courtroom experience prosecuting and defending will and trust contests, breach of fiduciary duty claims, accounting and surcharge actions, trust interpretation and modification disputes, creditors’ claims, and accusations of elder financial abuse, lack of capacity, and undue influence.

Appeals.  Concurrent to his trial litigation practice, Josh has developed a reputation as a prominent appellate advocate, having prosecuted over 30 appeals in California state and federal courts.  When trial court proceedings yield unfavorable results (or a victory is challenged), clients and trial attorneys alike depend on Josh’s experience in deep legal analysis, persuasive briefing, and compelling oral advocacy to secure the best possible outcome at the appellate level.

In part due to Josh’s experience, professional involvement, and successful track record in court, he has been recognized as a “Rising Star” by Super Lawyers, a distinction awarded to no more than 2.5% of attorneys in Southern California under age 40, and has achieved an AV-Preeminent rating by Martindale-Hubbell for professional excellence based on the recommendations of his peers.

Outside the firm, Josh is actively involved in the Ventura County legal and business communities. Josh is among the longest-serving current leaders of the Ventura County Bar Association, having served on the Board of Directors from 2015 to 2025, including as President in 2024.  Josh is also a past President of the Ventura County Barristers (2017); an active member of the Ventura County Trial Lawyers Association and the Ventura and Greater Conejo Valley Chambers of Commerce; and regularly volunteers his time at Ventura County Legal Aid helping those most in need in our community.  When not working, Josh enjoys spending time outdoors with his wife Michelle and their children Benjamin (11) and Natalie (9).

Noteworthy Appellate Matters

• Rathor v. Smith-Rathor (2025, B335853). Prevailed on appeal affirming probate court order confirming to client the sale proceeds of artwork stolen from clients’ ancestors during the Holocaust.
• Pacific Maritime Group Inc. v. City of San Buenaventura (2023, B330712). Represented maritime contractor in appeal from denial of bid protest challenging rejection of proposal for performance of large public works construction project
• Turner v. Turner (2023, B327782). Prevailed on appeal in affirming order granting motion to enforce settlement agreement pursuant to Code of Civil Procedure section 664.6.
• Spencer v. Spencer (2022, B310065). Prevailed on appeal confirming to client the entirety of her husband’s substantial intestate estate.
• George v. Williams (2022, B309218). Prevailed on appeal in affirming a judgment for partition of real property.
• Breslin v. Breslin (2021) 62 Cal.App.5th 801; review denied, S268644. In a doctrinal case that transformed the law and process of mediation in California trust and probate proceedings, represented on appeal a group of nonprofit charities disinherited from a trust for alleged failure to appear at a private mediation.
• Walstad v. Maloney (2021, B300586). Prevailed on appeal affirming judgment after trial in trustee client’s favor in trust dispute.
• Spencer v. Sup. Ct. (2019, B299611). Prevailed in responding to petition for writ of mandate challenging order expunging lis pendens and awarding attorney fees in client’s favor.
• Maljanian v. Big Black Dog, LLC (2018, B277922; review denied, S250498). Prevailed on appeal in affirming order granting summary judgment in client’s favor.
• Gilroy v. Gilroy (2018, B271759; review denied, S247958). Represented client on appeal from judgment entered in “Marvin” action between unmarried cohabitants.
• Joiner v. Sanchez (2018, B282965). Prevailed on appeal in reversing substantial money judgment against business owner.
• Scher v. Burke (2017) 3 Cal.5th 136; (2015) 240 Cal.App.4th 381. In a matter of first impression, prevailed in convincing the California Supreme Court that Civil Code section 1009 bars all public use of private land–not just recreational use–from arising to implied public dedication of easement.
• Seaboard Produce Distributors, Inc. v. Tolotti (9th Cir., 2017) 14-60067. Prevailed in the U.S. Court of Appeal for the Ninth Circuit in affirming a bankruptcy court order deeming non-dischargeable a judgment in client’s favor for damage to agricultural property.
• Snyder v. Snyder (2016, B264773). Prevailed on appeal in reversing order dismissing client’s complaint with prejudice for discovery violations.
• Angell v. Angell (2015, B259073). Represented client on appeal from judgment in contested divorce proceedings.
• Finberg v. Manset (2014) 223 Cal.App.4th 529; review denied, S217064. In a matter of first impression in California, prevailed in reversing order denying grandparent standing to petition for visitation, upholding constitutionality of applicable statutes.
• Arbona v. Sup. Ct. (2014, B256508). Prevailed in reversing order denying motion to quash service of summons on out-of-state client for lack of jurisdiction.
• Knell v. Miller (2013, B243425). Prevailed on appeal in reversing large judgment entered against client for breach of commercial lease; following appeal, obtained award of attorney fees in client’s favor.
• Wray v. Thompson (2012, B233452; review denied, S200032). Prevailed on appeal in defending family court judgment characterizing real property as client’s sole and separate property.

Publications and Presentations

• “Supreme Court Addresses Implied Public Dedication of Property,” Ventura County Bar Association Citations, October 1, 2017
•  Speaker, “Politicians’ Private Email is Fair Game: the California Supreme Court’s Decision in Smith v. City of San Jose,” Ventura County Bar Association Natural Resources Section MCLE Presentation, May 17, 2017
•  Speaker, “Business Litigation Basics,” Ventura Chamber of Commerce Legal Workshop Presentation, April 16, 2015
• “Breaking News Flash: Fracking is Still Controversial,” Ventura County Bar Association Citations, March 1, 2015
• “California’s Evolving Fracking Regulation,” Los Angeles Daily Journal, Vol. 128, No. 18, January 28, 2015
• Speaker, “Preparing and Approving CEQA Documents in the Face of Litigation,” American Public Works Assoociation-Ventura County Chapter June 11, 2014
• “From Rails to Trails and Back Again,” Ventura County Bar Association Citations, cover story, May, 2014
• Speaker, “Business Formation for Business Folks,” Ventura Chamber of Commerce Legal Workshop Presentation, April 23, 2014
• “Another Lackluster Year for CEQA Reform,” Los Angeles Daily Journal, Vol. 126, No. 238, December 9, 2013
• Speaker, “Greenmail- a Guide to Current Practical and Legislative Responses to CEQA Abuse,” Ventura County Bar Association Natural Resources Section MCLE Presentation, December 3, 2013
• “Dark Money: Anonymous Campaign Finance,” Los Angeles Daily Journal, Vol. 125, No. 201, October 16, 2012
• “Citizens United and Judicial Elections,” Los Angeles Daily Journal, Vol. 125, No. 103, May 29, 2012
• “The Modern Role of the Maxims of Jurisprudence,” Los Angeles Daily Journal, Vol. 125, No. 027, February 9, 2012