Michael “Tod” Fogarty

Michael “Tod” Fogarty

Of Counsel

Tod Fogarty handles both trials and appeals of complex business, commercial and real estate disputes. He has represented major developers, lending institutions, health care systems, public entities and title insurers in a wide range of high-profile disputes at both the trial and appellate levels, including the California Supreme Court. He has special expertise in title insurance and escrow litigation and has represented California’s leading title insurance companies and their insureds in hundreds of cases involving almost every imaginable title and escrow issue. He also advises the title industry on coverage matters.

“I am a business litigator who handles arbitrations, trials and appeals of complex business, commercial, real estate and title disputes.”

No two cases are alike. It’s important to figure out how an event really occurred and to turn things on edge for another perspective. Details matter in every case, not just the mega-case.


  • Tribeca Companies, LLC v. First American Title Company (2015) 239 Cal.App.4th 1088.
  • In re Estates of Collins and Flowers (2012) 205 Cal.App.4th 1238.
  • First American Title Ins. Co. v. XWarehouse Lending Corp. (2009) 177 Cal.App.4th 106.
  • Stoneridge Parkway Partners, LLC v. MW Housing Partners III, L.P. (2007) 153 Cal.App.4th 1373.
  • Beyer v. Tahoe Sands Resort (2005) 129 Cal.App.4th 1458.



  • California Entrapment Law – A Need for Statutory Clarification, 5 Pacific Law Journal 603, Michael “Tod” Fogarty, June 1974

Professional Associations and Memberships

  • American Bar Association, Member
  • Anthony M. Kennedy American Inns of Court
  • Board of Directors, McDonough Holland & Allen PC, Former Member


  • The Best Lawyers in America in Appellate Practice, Bet-the-Company Litigation, Commercial Litigation, Real Estate Litigation, and Real Estate Law, 2009 — 2023
  • Chosen by The Best Lawyers in America as Sacramento region’s 2013 Lawyer of the Year in Bet-the-Company Litigation, 2014 Lawyer of the Year in Real Estate Law, 2018 Lawyer of the Year in Real Estate Litigation, and 2022 Lawyer of the Year in Bet-the-Company Litigation
  • Sacramento Magazine Top Lawyer, 2015 – 2021
  • Northern California Super Lawyer, 2011-2024
  • AV-rated by Martindale-Hubbell
  • Comment Editor, Pacific Law Journal