PHONE: 916.246.7308
FAX: 916.570.2525
EMAIL: jbaker@daycartermurphy.com

Joshua L. Baker

PRACTICE AREAS

Oil & Gas
Opinions
Real Property and Eminent Domain

EDUCATION

University of the Pacific, McGeorge School of Law (J.D., Order of the Coif, 2005)
University of California, Santa Barbara (B.A., with honors, 2002)

ADMITTED TO PRACTICE IN

California

Josh Baker is a California energy and oil and gas lawyer and partner with Day Carter & Murphy LLP.  Since his legal career began, Josh’s practice has focused almost entirely on oil and gas and related real property law.  Josh believes that one of the most challenging and rewarding aspects of being an oil and gas attorney is navigating the complexities associated with California oil and gas law and the down-to-earth, tell-it-like-it-is nature of many of Josh’s clients.  He therefore strives to provide his clients with detail-oriented yet practical and efficient counsel and service.  Josh is a proud member of the California oil and gas industry and values being able to volunteer his time to many industry-related groups and events, whether in the authoring of articles, giving of presentations or service on boards and committees.

Outside of work, Josh is a devoted husband and father.  He thrives on spending time with his wife and two daughters (including coaching softball and soccer), is an avid baseball fan and is still trying to master the art of fly-fishing.

  • Northern California Super Lawyers, Rising Stars, 2015 – 2019
  • Sacramento Business Journal, Best of the Bar, 2019
  • Sacramento Magazine, Top Lawyers (Energy & Natural Resources), 2017

Oil & Gas

  • Counseled numerous public and private E&P companies on all types of day-to-day upstream operational issues, including permitting, interpretation of oil and gas leases and other exploration and development agreements, title problems and curative matters, wastewater treatment and disposal issues (including aquifer exemptions for Class II underground injection wells), well abandonment and related environmental compliance, Subdivision Map Act compliance, Williamson Land Act compliance and SB4 compliance.
  • Represented numerous public and private E&P companies in drafting and negotiating all types of oil and gas upstream and midstream agreements, including joint operating agreements, unit agreements, pooling agreements, farmout agreements, development and exploration agreements, leases, surface use agreements, subsurface pass-through agreements, confidentiality agreements, pipeline and marketing agreements, master services agreements and drilling contracts.
  • Represented numerous public and private E&P companies in all facets of producing- and nonproducing-asset acquisition, divestiture and financing projects, including title and permitting due diligence, drafting and negotiating purchase and sale and ancillary agreements, drafting and negotiating credit and security agreements (including deeds of trust, mortgages and financing statements), and compliance with regulatory and bonding requirements relating to purchases and sales of private, state and federal leases, wells and production facilities.
  • Represented numerous public and private E&P companies in various civil and probate court matters, including surface access and surface use disputes, quiet title actions and royalty disputes (including interpleader actions).

Opinions

  • Represented numerous public and private E&P companies in the preparation of all types of title opinions, including drilling, division order, acquisition and supplemental/downdate title opinions.
  • Represented numerous public and private E&P companies in the preparation of financing/enforceability opinions for all types of commercial loan and finance transactions, including senior and subordinated credit facilities, second lien financing, working capital financing and debt restructuring transactions.

  • California Independent Petroleum Association, Associate Member
  • California Independent Petroleum Association, San Joaquin Valley Environmental Affairs Committee, Member
  • Western States Petroleum Association, Member
  • Western States Petroleum Association, Northern California Chapter Board of Directors, Board Member
  • Western States Petroleum Association, San Joaquin Valley Chapter Board of Directors, Board Member
  • The Foundation for Natural Resources and Energy Law, Member
  • Bakersfield Association of Professional Landmen, Member
  • Los Angeles Association of Professional Landmen, Member
  • Sacramento Petroleum Association, Member
  • Young Professionals in Energy, Member
  • State Bar of California, Real Property Law Section, Business Law Section, Member
  • Sacramento County Bar Association, Real Property Law Section, Business Law Section, Member

  • Catholic School Advisory Council (St. Ignatius Parish School), President
  • St. Ignatius Soccer Club, Board Secretary, Head Coach
  • Sacramento Swim League, League Representative
  • Carmichael Girls Softball League, Head Coach
  • Capital Stage Company, Board of Directors (Past Member)
  • McGeorge Law Review, Volume 36, Board of Directors, Chief Legislation Editor
  • McGeorge Law Review, Volume 35, Comment Staff Writer and Legislative Review Staff Writer

  • Texas A&M Journal of Property Law, Oil & Gas Survey (California – 2018)
  • Texas A&M Journal of Property Law, Oil & Gas Survey (California – 2017)
  • “Everything Old is New Again: Lease Maintenance Issues that Arise When Oil Prices Drop,” 62 Rocky Mt. Min. L. Inst. 20-1 (2016)
    July 2016
  • Bakersfield Association of Professional Landmen, Los Angeles Association of Professional Landmen, “Water Reporting Requirements for Oil and Gas Operators Increased in 2015: An Overview of SB 1281”
    January 1, 2015
  • Bakersfield Association of Professional Landmen, “Significant Changes to Surface Owner Notification Statute”
    October 2012
  • American Association of Professional Landmen, “Oil and Gas Law: Comparison of Laws on Leasing, Exploration and Production”
    2010

  • Bakersfield Association of Professional Landmen, “Gaps in Production under HBP Leases”
    May 2020
  • 37th Annual West Coast Landmen’s Institute, “On My Desk Today:  A Day in the Life of a California Landman”
    September 2019
  • 35th Annual West Coast Landmen’s Institute, “Oil and Gas Conveyances in California: How to Get (or Give) What You Want”
    October 2017
  • Private Client, “Key Considerations for Farmout Agreements”
    November 2016
  • Private Client, “Exploration Agreements in the Oil and Gas Industry”
    December 2015
  • 33rd Annual West Coast Landmen’s Institute, “In Good Times, Bad Times and Everything in Between: The Always-Important Farmout Agreement”
    September 2015
  • Private Client, “Surface Use and Right-of-Way Agreements in the Upstream Oil and Gas Industry”
    August 2015
  • Private Client, “Confidentiality and Indemnification Agreements in the Upstream Oil and Gas Industry”
    June 2015
  • 32nd Annual West Coast Landmen’s Institute, “Actual, Constructive and Inquiry Notice When Conducting Title Due Diligence: Is it Ever Okay to Keep Your Head in the Sand?”
    October 2014
  • Day Carter & Murphy LLP Bakersfield Breakfast Series, “Force Majeure: Is Your Clause Keeping Up With the Times?”
    April 2013
  • 30th Annual West Coast Landmen’s Institute, “Title Issues Prior to Drilling: One Colorful Story at a Time!”
    September 2012
  • Day Carter & Murphy LLP Bakersfield Breakfast Series, “The Duty to Protect Against Drainage”
    April 2011
  • 27th Annual West Coast Landmen’s Institute, “The Seismic Shootout: Winning the Duel with Problem Surface Owners”
    September 2009
  • Day Carter & Murphy LLP Bakersfield Breakfast Series, “There Will Be Blood: Dissection of the Pooling Clause”
    December 2008