Toneata Martocchio

Toneata Martocchio

Los Angeles, California

Toni Martocchio is a seminal part of the Castro litigation team.  Her primary review and analysis of incoming motions, pleadings, and production requests is a  key reason for the firm’s success.  Firm writings and e-discovery are processed, researched, prepared and finalized, under her watchful eye. 

Recently the Castro team recovered $55 million dollars for construction defect repairs at Wilshire Vermont Station, Los Angeles, California.  The Los Angeles Daily Journal reported this as the “largest settlement” in its Verdicts and Settlements publication on January 5, 2018. 

As a member of the firm’s litigation team, she is responsible for developing and implementing “case strategy” and coordinating law and motion, discovery and legal writings in conformance with that strategy. 

The recent $55 million success was achieved by the commitment and persistence of Toni and her team who were deluged with every conceivable type of motion and discovery in this hard-fought battle.  Toni supervised (and wrote many) of the 45 motions for summary judgment, assisted with the production of over 5,000,000 documents, and with 390 days of depositions.

She has co-authored and edited published construction articles such as:

• Evolving Liability for Design-Build Contracts: The Perfect Storm of Conflicting Interests (California Construction Law Reported 2009); and has edited several significant construction publications such as
• Known Dangerous Condition as Defective Construction Per Se (Soft Story Collapses),
• Hazardous Buildings Plus Earthquakes: A Lethal Combination co-editor Gary Hart, SE; 
• Arbitration in Wonderland: Why the Reticence of the Appellate Courts Encourages “Gaming the System”(the Pony Express Becomes the 20 Mule Team)

Ms. Martocchio has practiced construction law with the Castro firm for the past decade.  Prior to that she handled construction cases as an associate with the Law Office of Randy Thomas, in Woodbridge, California, and, earlier, with Gassett, Perry & Frank in San Jose and Santa Cruz, California.  She has practiced in related areas, including professional liability, torts, business litigation, public entity liability, and product liability.

She has researched, negotiated, rehabilitated, managed, and sold commercial and residential properties in California and Oregon.  Ms. Martocchio saved a historic 1887 commercial property scheduled for demolition by collaborating with the City of Oakdale, the Oakdale Historic Society, and the State of California.  She successfully obtained historic landmark designation for a 1912 apartment building in Modesto.

Professional Licenses
Toneata Martocchio is licensed to practice in all the courts of the State of California, the U.S. District Court, Northern District of California; and U.S. District Court, Eastern District of California.

Toneata Martocchio was ranked second in her class at San Francisco State University, earning a Bachelor of Arts in Political Science, summa cum laude.  She was the recipient of the Louis M. Wasserman Award for best political science paper, “Politics of Africa,” and authored, “Governance in Outer Space,” that was presented to Congress. 
Ms. Martocchio earned her Juris Doctorate Degree in 1987 from the University of California Hastings College of the Law,  and became a life member of Phi Delta Phi Legal Fraternity.  During law school, she was a Moot Court Board Instructor teaching appellate writing and oral argument to first year students. She interned with the NASA-Ames University Consortium for Astrolaw Research, promulgating laws and regulations to govern present and future space activity.

Community Service
Ms. Martocchio served on the Santa Cruz County Bar Association Attorney - Client Dispute Committee; received the Court Designated Child Advocates Annual Outstanding Contribution Award, Santa Clara County; fundraised for summer camps for disadvantaged youth; coached girls’ basketball, softball, volleyball, track and cheerleading teams; served as a member of the Malibu Community Emergency Response Team (CERT); and volunteers for organizations supporting veterans’ causes, such as Wounded Warrior Project and the Veterans’ Holiday Celebration in Los Angeles.


Year Joined Firm

  • 2008

Areas of Practice

  • Defective design/construction cases
  • Construction injury/death cases
  • Landslides, soils, slope failures
  • Earthquake, structural damage cases
  • Construction insurance cases
  • Water intrusion, mold cases
  • Failure analysis
  • Welded steel moment frame cases
  • Contract disputes
  • Concrete, foundation defects
  • Framing, windows, doors defects
  • Roofs, balconies, deck defects
  • HVAC, mechanical defects
  • Plumbing, electrical defects
  • Stucco, plaster, drywall defects
  • Steel Frame High Rise
  • Soils
  • Condominium, townhouse cases
  • Apartment, commercial cases
  • Single family residence, estate cases
  • Restaurant/Hotel cases
  • Construction Insurance cases
  • Schools, hospitals, non profit cases
  • Green structures, LEED certification
  • Parks, recreational, playing field cases

Bar Admissions

  • California
  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California


  • University of California, Hastings College of the Law, San Francisco, California
    • Honors: Phi Delta Phi Legal Fraternity, Member
    • Honors: Moot Court Board Instructor
  • San Francisco State University
    • Bachelor of Arts summa cum laude - 1984
    • Honors: Recipient of the Louis M. Wasserman Award for best political science paper, “Politics of Africa”
    • Honors: “Governance in Outer Space”, Author
    • Honors: NASA-Ames University Consortium for Astrolaw Research, Intern
    • Major: Political Science

Honors and Awards

  • Court Designated Child Advocates Annual Outstanding Contribution Award

Professional Associations and Memberships

  • Santa Cruz County Bar Association Attorney, Client Dispute Committee