Garrett Smee

Partner

Garrett.Smee@lewisbrisbois.com

Garrett Smee is a partner in the San Diego office of Lewis Brisbois. Mr. Smee primarily represents employers against claims of discrimination, harassment, wrongful termination, retaliation, failure to accommodate, whistleblower retaliation, breach of employment contract, and related torts. Mr. Smee represents employers before the State and Federal Courts, the EEOC, and the California Civil Rights Department.  Mr. Smee also protects employers in wage and hour matters involving claims of missed meal and rest periods, failure to pay wages and overtime, unlawful deductions, misclassification, and off-the-clock work brought on an individual, class and representative "PAGA" basis.

Mr. Smee played varsity baseball on scholarship at Point Loma Nazarene University, graduating cum laude. He then attended California Western School of Law on a full tuition scholarship, where he served on Law Review and graduated magna cum laude. He has tried 19 cases to jury verdict, and has served as trial counsel in over 30 bench trials. He has reversed two trial court judgments; Curiél-Aguirre v. County of Imperial (2015 4th Dist., D066466) and Atkins v. Mabus (2016 9th Cir., 14-56087). One of his jury verdicts, reached in San Diego County, resulted in a published opinion; Willis v. City of Carlsbad (2020) 48 Cal. App. 5th 1104. Mr. Smee has extensive experience in law-and-motion, depositions, trial, mediations, and written discovery.

Beginning in the Spring 2022, Mr. Smee taught a course in Criminal Procedure at Western Sierra School of Law.  He continued teaching and lecturing in Remedies I and II into the Fall 2023.  Mr. Smee now holds a position as an Adjunct Professor at Thomas Jefferson School of Law, where he teaches Remedies.

Outside of work, Mr. Smee enjoys spending time with his wife of 25 years, and their three adult children. On the weekends, he also enjoys participating in church activities at Emmanuel Faith Community Church, golfing and watching baseball and football.

Primary Area(s) of Practice

  • Labor & Employment
  • ADA Compliance & Defense

Additional Experience

Associations

California Bar Association

Awards & Honors

  • Marquis Who's Who - Lifetime Member
  • Lawyers of Distinction - Insurance Law - 2024
  • Lawyers of Distinction - Insurance Law - 2025

Education

California Western School of Law

Juris Doctor, magna cum laude, 2003

Point Loma Nazarene University

Bachelor of Arts, History, cum laude, 2000

Published Opinions

  • Willis v. City of Carlsbad (2020) 48 Cal. App. 5th 1104
  • Yacoub v. Talia (2014) 79 C.C.C. 409