Yury A. Kolesnikov

Email: ykolesnikov@bottinilaw.com

Mr. Kolesnikov practices complex civil litigation in state and federal courts across the country, focusing on securities class actions, consumer class actions, and shareholder derivative actions. He has been the principal brief writer in more than 30 appeals, including before the U.S. Court of Appeals for the Ninth Circuit, California Supreme Court, Delaware Supreme Court, and Missouri Supreme Court, has assisted on briefs before the Supreme Court of the United States, and has argued before the U.S. Court of Appeals for the Ninth Circuit (including en banc), Delaware Supreme Court, and multiple state intermediate appellate courts.

Mr. Kolesnikov’s notable published appellate decisions in argued cases include:

• Bottini v. City of San Diego, 27 Cal. App. 5th 281 (2018) (4th Dist.) (affirming grant of writ of mandamus to set aside City Council’s resolution in a CEQA appeal; holding, for the first time in a published decision, that Landgate’s “substantially
advances” test is no longer a viable regulatory takings test under the California Constitution);
• Juen v. Alain Pinel Realtors, Inc., 32 Cal. App. 5th 972 (2019) (6th Dist.) (affirming denial of petition to compel arbitration; rejecting defendants’ reliance on custom-and-habit evidence and post-contract-formation assent to arbitration);
• Spracher v. Paul M. Zagaris, Inc., 39 Cal. App. 5th 1135 (2019) (1st Dist.) (affirming denial of petition to compel arbitration; concluding that plaintiff carried the heavy burden of proving that defendants waived the right to compel arbitration); and
• In re Fidelity Nat’l Home Warranty Co. Cases, 46 Cal. App. 5th 812 (2020) (4th Dist.) (concluding, as a matter of first impression, that an order dismissing a class action without resolving class notice does not constitute an appealable judgment; reversing in part after concluding that the time between assignment to a coordination motion judge and decision on petition for coordination must be excluded from the time to bring the case to trial).

Prior to going into private practice, Mr. Kolesnikov clerked for Judge David R. Thompson on the Ninth Circuit Court of Appeals and Chief Judge Irma E. Gonzalez and Judge Roger T. Benitez on the U.S. District Court for the Southern District of California and also externed for Judge Consuelo M. Callahan on the Ninth Circuit. Mr. Kolesnikov graduated first in his class from the McGeorge School of Law.

During law school, he worked as a research assistant to Dean Elizabeth Rindskopf Parker, assisting the Dean with speaking, writing, and committee engagements focused on judicial independence, access to justice, civil liberties, foreign relations, and national security, and as a research assistant to Justice Anthony M. Kennedy, assisting with updating and revising course materials for an international law course on fundamental rights in Europe and United States. Mr. Kolesnikov was also the Chief Articles Editor of the McGeorge Law Review and participated in two international law moot court competitions, which included a second-place finish at the prestigious Niagara International Moot Court Competition.