Josiah is a senior attorney at Weintraub Tobin, based in the Firm’s Sacramento office.
He primarily works with the Business Litigation practice group. His practice focuses on corporate governance/internal disputes between business owners (“partnership disputes”), breach of contract, real property disputes, and cross-over issues affecting trust-owned assets.
Recent successes include:
Josiah earned his J.D. from the Santa Clara University School of Law, where he graduated with honors, cum laude, and was inducted into the Order of the Coif. During law school, Josiah also received outstanding student awards in seven courses and gained substantive experience working in the Civil Division of the U.S. Attorney’s Office, the Antitrust Division of the U.S. Department of Justice, and Region 20 of the National Labor Relations Board. Josiah earned his undergraduate degree from U.C. Berkeley. In between undergraduate and law school, he spent several years in the U.S. House of Representatives.
Prior to joining the Firm, Josiah was an associate at the firm Wanger Jones Helsley PC, where he litigated extensively alongside retired 20-year U.S. District Judge Oliver W. Wanger. Josiah has represented and counseled clients in a wide range of litigation matters, including fraud, commercial disparagement, and unfair competition claims.
Outside of the office, Josiah previously chaired the Engage Committee of Metro EDGE—the Sacramento Metro Chamber’s young professionals group—where he lead planning and implementation of relationship-building events. He also plays in the Arden Park Men’s Softball League, to varying effect. He hopes to appear someday on Wait Wait… Don’t Tell Me!, NPR’s weekly news quiz program.
State Bar of California, Litigation Section
Member
State Bar of California, Antitrust, UCL, & Privacy Section
Member
Federal Bar Association
Member
American Bar Association
Member
Metro EDGE Leadership Council, 2021 – 2022
Metro EDGE Engage Committee
Chair, 2022
Co-chair, 2021
Awards
The Best Lawyers in America: Ones to Watch, 2024-2025 – Commercial Litigation
Sactown Magazine’s Top Lawyers List, 2023, 2024 – Commercial Litigation
Northern California Rising Star List, 2018-2023
J.D. Santa Clara University School of Law, cum laude, 2013
Order of the Coif
B.A., University of California, Berkeley, 2008
On November 28, 2024, team Weintraub Tobin was proud to participate in the 31st annual Run to Feed the Hungry. This year’s event set a new record, with 31,522 people participating in the largest Thanksgiving fun run in the country and the biggest annual fundraiser for Sacramento Food Bank and…
Weintraub Tobin is honored to announce that 34 of its attorneys have been selected to the inaugural Sactown Magazine Top Lawyers 2024 list. Attorneys from Weintraub Tobin are recognized in over a dozen practice areas on this year’s list, including Real Estate, Employment & Labor, Business Litigation, and Estate Planning…
Weintraub Tobin is pleased to announce that 41 of its attorneys have been recognized in the 2025 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America. 32 Weintraub attorneys are included in the 2025 edition of The Best Lawyers in America, of which six…
Weintraub Tobin congratulates attorney Josiah Prendergast for being selected to participate in the Leadership Sacramento Class of 2024. Josiah is a senior attorney at Weintraub Tobin, in the business litigation practice group. He focuses on corporate governance and litigating internal disputes between business owners, as well as breach of contract,…
In an August 21, 2023, article for ABC10 covering the brewing feud between local breweries Shred Beer Company and Slice Beer Company, Weintraub litigator Josiah Prendergast, who represents Shred Beer Company, gave a statement speaking to Shred Beer’s feelings about the lawsuit and affirming their commitment to creating a quality…
Weintraub Tobin is pleased to announce that 25 of its attorneys have been recognized in the 2024 edition of The Best Lawyers in America®, and eight attorneys have been named to the 2024 edition of the Best Lawyers: Ones to Watch in America. Three attorneys have also named “Lawyer of…
Weintraub Tobin is pleased to announce that 31 of its attorneys have been selected to the 2023 Sacramento Magazine Top Lawyers list. Weintraub’s attorneys are recognized in various categories, including Business/Corporate law, Employment & Labor law, Estate Planning & Probate law, and Real Estate law. The complete roster of Weintraub…
Weintraub Tobin is pleased to announce that 47 of the Firm’s attorneys have been selected to the 2023 Northern California Super Lawyers® and Rising Star lists. These lists, selected annually on a state-by-state basis, recognize outstanding attorneys who have attained a high degree of peer recognition and professional achievement in…
On June 4th, a Weintraub Tobin team of riders participated in the 2023 America’s Most Beautiful Bike Ride (AMBBR) in Lake Tahoe. The ride featured both a 72-mile and 100-mile course and raised money for the Leukemia and Lymphoma Society (LLS). Through LLS’s Team In Training program, the Weintraub team…
by Graham WomackThis article was first published in Comstock’s Magazine on July 11, 2022. Reprinted by permission. One of the more pronounced themes of the COVID-19 pandemic has been the change in the workforce, with more than 47 million people quitting their jobs as part of the Great Resignation in 2021, according to the…
Weintraub Tobin is pleased to announce that 37 of its attorneys have been recognized on the 2022 Northern California Super Lawyers® and Rising Stars lists. Several Weintraub attorneys also received special recognition on Super Lawyers “Top” lists, including six attorneys named to the Sacramento Top 25 Super Lawyers (Gary L.…
Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…
Weintraub Tobin is pleased to announce that 33 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition, 5 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 20 percent of…
Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California. In addition, 6 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Attorneys selected to the…
Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer. Weintraub Tobin attorneys named to the 2018 Southern California…
In our last update, we highlighted a recent case out of the US District Court of Missouri (Studio 417) in which the court issued a preliminary ruling that allowed a group of policyholders to proceed with claims against their insurers based on allegations that the insurers wrongfully denied claims due…
Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy replaces some or all of a business’s income when the business is forced to curtail or cease its operations…
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Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by phone or in-person.) Litigants often find themselves tempted to use discovery as a bludgeon…
A demand letter is a formal way of telling someone, “now we got bad blood.” Recently, a Northern California blogger received a demand letter in which Taylor Swift threatened to sue the blogger. In so many words, the blogger responded, “I wish you would.” The Demand Letter was triggered by…
Just last week, California’s First District Court of Appeal handed a small, but meaningful, victory to businesses that resort to litigation to defend their reputations against anonymous, online attacks. In ZL Technologies, Inc. v. Does, the First District held that ZL Technologies (“ZL”) was entitled to discover the identities of…
Despite increasing sophistication amongst contracting parties and evermore common use of attorney fee clauses, the “American Rule” endures. The American Rule is that each side pays its own attorney fees in litigation, win or lose. In California, statutory exceptions to the American Rule are limited, leaving private parties to modify…
