Thomas B. Cummings
Practice Areas
  • Dangerous conditions of public property
  • Premises liability
  • Land subsidence
  • Assault and battery
  • False arrest and false imprisonment
  • Civil rights violations
  • Construction site injuries
  • Breach of contract
  • Contractual indemnity
  • Product liability
Education
  • University of California, Berkeley 1964 A.B. History
  • UCLA School of Law 1967 J.D.

Current Practice

Defense Representation

Since the 1980s, Mr. Cummings has defended apartment owners and apartment managers on virtually any type of lawsuit that could be brought against them by tenants, applicants or guests for money damages.  He has defended lawsuits involving claims of discrimination under the Fair Housing laws, the presence of mold in the rental unit or any other conditions causing habitability problems, claimed violations under the Americans with Disabilities Act, claims that onsite managers who had been terminated were entitled to benefits under Workers’ Compensation laws or wage and hour laws, as well as claims concerning injuries occurring on the apartment property.

Mr. Cummings has been on the Board of Directors for the Apartment Association of Orange County for many years.  He has been a featured speaker at monthly association meetings, as well as educational seminars for association members.

Mediation Practice

Since approximately 2006, Mr. Cummings has been asked by parties to serve as a mediator to try to bring their disputes to closure without the stress and expense of further litigation. He currently offers his services as a mediator at Wesierski & Zurek in the Irvine Office where multiple conference rooms are available for the convenience of litigants.

Parties interested in scheduling mediation with Mr. Cummings can contact either Mr. Cummings directly or his assistant Chelsea Anderson at Wesierski & Zurek in the Irvine Office.

Personal History

Prior to joining Wesierski & Zurek LLP, Mr. Cummings served as prosecutor for the Los Angeles City Attorney’s Office for approximately one and one-half years, and thereafter defended civil liability cases with the City of Los Angeles, including claims of dangerous condition of public property and claims against police officers concerning assault and battery and violation of civil rights.

Thereafter, Mr. Cummings was an associate attorney for approximately three years with a defense firm in Los Angeles, and then spent approximately seven years with a large defense firm in Orange County.

Mr. Cummings was a founding partner of an insurance defense firm in 1982, and was self-employed in insurance defense litigation until 2014.

Mr. Cummings has successfully tried numerous cases to verdict in both state court and federal court in various areas of law, including those listed in the practice areas above. Mr. Cummings has taken over 140 civil jury trials to verdict, and he has also prosecuted approximately 75 to 100 criminal jury trials to verdict during his career.

Mr. Cummings has served as an arbitrator in the Los Angeles Superior Court System from 1973 to 1976 and in the Orange County Superior Court System, starting in 1977 and continuing up to the present time.

Highlights & Honors

  • In 2015, Mr. Cummings was awarded a Lifetime Achievement award by the American Board of Trial advocates, recognizing his years of practice of law in Orange County at an exceptional level of skill
  • AV Preeminent Rating by Martindale-Hubbell Law Directory (this is the highest rating given out by the Law Directory)
  • Diplomate, American Board of Trial Advocates (this is the highest ranking within the organization)
  • President, Orange County Chapter of American Board of Trial Advocates, 1987
  • Member, National Board of Directors, American Board of Trial Advocates, 1987-1988, 2003-2008
  • Founding Member, Robert A. Banyard, American Inns of Court
  • Board of Directors, Southern California Defense Counsel, 1988-1990
  • In 2009, Mr. Cummings received the Joseph D. McNeil Civility Award from the Orange County Chapter of the American Board of Trial Advocates, which is given to a member whose integrity, civility and professionalism inspires trust among counsel and clients, and promotes respect for the profession