Byron M. Rabin - Judicate West

Introduction

Mr. Rabin started his legal career in 1972 as a civil trial lawyer. He became seriously involved in dispute resolution as a Judge Pro tem for the Orange County Superior Court in 1977. In 1999 he became a full time mediator/arbitrator joining the panel of Judicate West. He has resolved a wide range of personal injury, medical malpractice, real estate, contractual and employment related matters. He is one of the most experienced neutrals in the area of third party litigation having often lectured in the field. In 2011, Mr. Rabin was inducted as the 3rd member of the Orange County Trial Lawyer Hall of Fame and happily the only one not to have received it posthumously. As an arbitrator Mr. Rabin is noted for his ability to render decisions clearly, concisely and in a timely manner. As a mediator he is open minded, practical, patient, and a great listener. He is quick to understand what is required to suit the needs of the parties. He utilizes creative solutions to resolve disputes and is known to pursue settlement long after a session ends. Clients admire his low key and positive manner as he pursues settlement and often note that he is very effective in communicating each party's perspective to the other and is resourceful in breaking impasse. "Mr. Rabin is a quick study in complex cases and is excellent in handling multiparty cases" said one attorney. He has successfully resolved 1000's of matters.

Specialties

ADR Highlights

Distinguished Fellow International Association of Mediators
Selected Super Lawyer in the area of ADR 2015 - 2018
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Hobbies & Interests

In his leisure time Mr. Rabin enjoys charitable projects, traveling, kayaking, swimming, meditation, good food and wine and rating restaurants on Zagat.

ADR Highlights

Distinguished Fellow International Association of Mediators
Selected Super Lawyer in the area of ADR 2015 - 2018
Awarded the Angelo Palmieri Civility Award by Robert Banyard Inns of Court
Passing the 1,000 mediations resolved milestone
Selected as an Adjunct Professor Western States University School of Law in the field of Mediation - 2001

Testimonials

"Mr. Rabin is knowledgeable and does a great job pointing out why the two sides should come together on an amicable settlement. This is helpful if there are client control issues."
- Attorney on a Wrongful Death/Negligence Matter

"Mr. Rabin is a mediator that understands the issues, the law, and its practical application, which has been an invaluable asset for us in this case. I appreciated that he was accessible and for his follow through approach."
- Attorney, Beverly Hills, California

"Mr. Rabin is knowledgeable and does a great job pointing out why the two sides should come together on an amicable settlement. This is helpful if there are client control issues."
- Attorney on a wrongful death/negligence dispute

"Mr. Rabin made the mediation process painless. I think everyone appreciated the resolution he facilitated with great diplomacy."
- Attorney, Los Angeles, California

“He was very sensitive to my client’s personality and complaints of pain/stress as a result of the accident.”
- Attorney on a Personal Injury Auto Matter

“Mr. Rabin, has a wonderful ability to identify issues and then works hard and creatively to solve or lessen the issues so that a settlement can be achieved.”
- Attorney on a Personal Injury Auto Matter

"I wanted to extend my gratitude for Byron's undying efforts to bring this matter to a conclusion. He kept me calm (no easy task), persevered and got the job done. I will definitely keep him in mind for future matters."
- Attorney, Los Angeles County, California

"He was patient, explained the law well to the client, and listened thoroughly to the facts of the case."
- Attorney on an employment wage and hour dispute

Experience Summary

Legal Career

Full-time Neutral (1999-Present)
Judge Pro-Tem, Orange County Superior Court Settlement Panel (1978-08)
Arbitrator, Orange County Superior Court Arbitration Panel (1978-08)
Adjunct Professor, Western States University, College of Law teaching "Mediation" (2001)
Partner, Rose Klein & Marias, General Civil Law Practice (1978-98); Associate (1973-78)
Associate, Law Offices of Joseph Feinberg, Corona Del Mar, CA, General Civil (1972-73)
In addition to Mr. Rabin’s legal career he has also been involved in his family’s retail clothing business which had several locations throughout San Francisco and San Jose as well as being a share holder in a travel agency in Burlingame. His involvement in these businesses entailed lease negotiation, human resources and management. He has also been involved in real estate management, construction and remodeling in California, Arizona and Hawaii.

Education & Professional Affiliations

J.D., Hastings College of the Law (1972)
California Community College, Secondary Credential (1972)
B.S., San Jose State College with Honors in Business/Industrial Mgmt., Psychology Minor (1968)
Pepperdine Univ., School of Law - Strauss Inst. for Dispute Resolution, Adv. Mediation Training (2000)
Distinguished Fellow, International Academy of Mediators
Master Bencher, American Inns of Court, Robert Banyard Inn
Member, Orange County Trial Lawyers Association
Member, Orange County Hispanic, Celtic and Italian Bar Associations
Former Member, Consumer Attorneys Association of California
Formerly on Board of Directors, Orange County Trial Lawyers Association
American Inns of Court Robert Banyard Inn Master Bencher (former board member)

Achievements & Awards

Mr. Rabin is AV rated by Martindale-Hubbell.
Named as one of Southern California's "Super Lawyers" each year from 2015 through 2018, in the field of Alternative Dispute Resolution.
He has been awarded the induction into the Orange County Trial Lawyer hall of Fame in 2010.
Received the Robert Banyard Inn of Court Angelo Palmieri Award for maintaining the legal professions highest tradition of professionalism and civility.
Receipient of the Orange County Trial Lawyer Personal Injury Trial Lawyer of the Year (1998)
Received the Orange County Trial Lawyer Consumer Achievement Award (1978)
Mr. Rabin has been a speaker for CEB, OCTLA, SFTLA and various colleges and law schools on various topics including ethics, negotiations, third party litigation and liens.

Legal Experience

Serious Injury Cases
Employment
Product Liability
Medical Malpractice
Elder Abuse
Workers Compensation
Third Party Personal Injury Matters
Real Estate
Contractual Matters

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

Real estate dispute: At the end of the lease term for a specialty building there is a dispute regarding which modifications the tenants are required to make to return the building to an "as rented" condition.
Contractual dispute between a property owner (apartments) and the defendant property maintenance company regarding record keeping, work done and if the billing was appropriate for the work.
Office manager left dental practice and went to another taking patient list and made disparaging remarks about the dentist, with a cross complaint.
Defendant hires a company who assists those who have assets secured by the state when others don't claim them (escheated). They identify funds held by the state, but it really dosen't belong to defendant. Application is filed to obtain the funds and state pays. State is immune from liability. Later Plaintiff files for the funds and is advised they have been paid to defendant and this litigation ensues to recover the funds. Defendant files cross complaints against companies that assisted in filing the application of fund. Matter resolved in mediation.

Employment

EWT and Discrimination

Employee was a member of a protected class, both by age and gender, and claims that she was wrongfully terminated.

Wage and Hour

Franchise manager alleged that there was a hostile work environment
Mediated and settled case involving a caregiver, paid as an independent contractor, who claimed the employers failure to pay minimum wage, overtime, and failure to provide breaks.
Fundamental dispute is whether employees are controlled requiring that they be paid for all hours worked, or uncontrolled and therefore paid for actual time spent on work for employer. Plaintiffs worked in the evening after the employer's regular office hours and on the weekend when the employer was closed. Plaintiffs allege that they are required to work with a computer to get their work done and take and receive numerous calls during their scheduled work. Defendant alleged that work could be done off site, allowing plaintiffs to have extensive personal time entitling them only to work time devoted to employee and such hours were overpaid. Additional allegations made by plaintiffs included failure to pay for use of personal equipment and wage statement violations. Case resolved confidentially.
Plaintiff has been employed by a family for a number of years to care for their mother. The allegations were that she was required to do domestic chores in addition to her care giving responsibilities making her a domestic worker. She further alleges that because of the mothers condition she was required to sleep in her room. In conjunction with her employment without a legal opinion a family members authors an employment agreement which classifies plaintiff as an independent contractor, sets out duties and responsibilities some of which are domestic in nature and mandates that plaintiff be available 24/7 and if she was unable to do so that she provide a substitute at her expense. The allegations included failure to pay minimum wage semimonthly; provide wage statements and meal breaks. Case resolved for a confidential amount.
Plaintiff is a maintenance supervisor with monthly salary and provision of a residence. It is alleged that his submitted payroll slips were modified by the payroll manager of the company so he was not paid all hours worked, not paid for overtime, not provided with accurate wage statements, and upon termination when he made complaints of working conditions he wasn't provided his final payment timely. There was also an allegation of whistle-blower termination for complaints of a cover up of health hazards. All allegations are denied by defendant. Case resolves confidentially.

Wrongful Termination

Plaintiff alleges that she was being terminated for complaints regarding safety of staff and residents as well as having take FMLA leave for medical reasons. This was disputed by employer and that her reasons of termination involved failure to follow company policy regarding smoking and insubordination. Case resolved for confidential amount.
Plaintiff was a long term employee at assisted living facility. During her employment she alleges that she made complaints regarding issues of safety. She subsequently requests and receives FMLA leave due to a back injury upon her requests she extends her leave as a medical leave. After her return to work she is discovered smoking in a non-designated area and is counseled regarding a policy prohibit smoking in non-designated locations. Later the same day she again violates policy and is terminated for policy violation and insubordination. She alleges that a prior supervisor permitted her smoking in the area and that the reason for her termination was because of her reporting unsafe conditions as well as her medical condition. Case settled confidentially.

Insurance

Coverage

Plaintiff and Lien Claimant settled 3rd party case. Parties were unable to come to agreement regarding the division of the proceeds. Legal questions were raised regarding the question of the lien being viable after dismissal with prejudice of the 3rd party case without intervention, requirements of MSA and credit rights against future medical benefits. The case was resolved with an agreed upon division of the funds being held and no credit being taken against plaintiffs future medical benefits.

Subrogation

The Insurance company plaintiff insured a hotel. The claim was for a seven-figure amount. The defendant was a hotel patron and boyfriend who stayed at the hotel. The couple had been for cocktails. Upon return defendant took a benedryl and claims to be out for the evening. Her boyfriend went into the shower passed out on the drain so that the room flooded. Upon check in a document was signed by defendant saying she's be responsible for damage upon check out. Defendant boyfriend was in pro per and did not attend mediation. Defendant was being defended by her homeowners coverage under a reservation of rights. She was being sued for negligence and breach of contract. Defendant denied liability indicating that she can't be held responsible for her boyfriends actions after she was asleep (no notice) and that the contract was one of adhesion and ambiguity. Parties were able to resolve the matter with a full day being reserved for mediation.

Intellectual Property

IP Trade Secrets

Parents allege that daughter, son in law and their friends in the business leave their company and take trade secrets including client list and compete.

Professional Malpractice

Medical Mal Dental

Plaintiff alleges dental malpractice regarding dental implants. Defendant are the practicing dentist and the dental office. Issues arose regarding contributions based upon report able limits and consent. The dental office acknowledged vicarious liability based upon the code for its independent contractor dentists but resisted in making payment above report able limits. There were also issues regarding the practicing dentist coverage and was being defended under a reservation of rights. The case did not resolve at the mediation but with follow up by the mediator the matter was ultimately resolved.

Medical Malpractice

Developmentally challenged young man in home health care suffered an injury to his face and head.
Nasal surgery patient has a subsequent anoxic injury resulting in significant injury requiring long term care, with a significant loss of consortium claim

Real Estate

Breach Of Contract

$1,500,000 purchase of a home that followed a complete remodel with an allegation of failure to disclose defects in the stability of the property as evidenced from cracks in the floor.

Home Owners Association

Plaintiff purchased a condominium in a complex and when renovation was commenced water intrusion was found resulting in damage to the condo. Litigation then ensued and there were disputes regarding interpretation of Civil Code application as well as CCR's. Matter was able to be resolved by parties.

Real Property

Termite company goes defunct and an insurance carrier intervenes to defend action that the termite company billed for work that was not done prior to sale of historical home.

Warranty of Habitability

Plaintiffs were withholding rent due to habitability and disputed the effort with which the landlord made repairs and tenants' cooperativeness.
Residents in a single apartment in a multi-unit complex, some of whom are on the lease and others not (in violation of the lease), allege mold from a leaky roof and other habitability issue including infestation of critters. There were allegations of both physical injuries as well as emotional distress. Defendants indicate that at all times that there were complaints they responded and had written repair records to document their repairs. Upon first being notified of mold issues they moved plaintiffs, paid for accommodations and remediated. Dispute long term effects from the exposure. There were no similar issues with other tenants. Matter resolved confidentially.
Habitability claims are made by several tenants of a large apartment complex. During the tenancy there were different carriers and owners complicating the settlement. The case resolved confidentially 90 days after the original session with a complex mediators proposal and significant follow up.

Tort

Discrimination

EEOC had both a black and white tester that visit apartment complex and there is a claim that they were treated differently.

Elder Abuse

Dependent adult developed a decubitus ulcer after release from the hospital and was receiving in home health services.
Profoundly disabled man developed a bedsore on his foot because nursing home was not turning him nor did they provide him with items that would have prevented the development of the problem including mattress, heel protection and cradles for his heel and that he was found fouled with soiled cloths on several occasions.
Mediated and settled a case brought by estate alleging inadequate care of parent, resulting in death. Further allegations on altered and falsified records.
Plaintiff is a paraplegic for reasons unrelated to this case. She had been hospitalized and after being released developed a decubitus ulcer. After release from the hospital she was provided home health care from defendant at her home. Plaintiff filed a complaint alleging both elder abuse and medical malpractice. Defense raised issues regarding her self-care as well as care being provided or not provided by her husband. Defense also raised questions disputing that this was an elder abuse claim and as such if valid would be limited by MICRA. Case settled for a confidential sum.
Plaintiff, represented by his guardian alleged elder abuse during his stay at defendant's skilled nursing facility. Defendant operates multiple skilled nursing facilities in the state. It was alleged that plaintiff was improperly assessed, provided an appropriate care plan and provided inadequate care. He was suffering a perforated abdomen that went unrecognized resulting in sepsis along with dehydration resulting in his death within 10 days of admission. Plaintiff further alleged that records at the skilled nursing facility were falsified. Case had been aggressively pursued by plaintiff and defended by defendant. The contentious nature of the case resulted in the court mandating the use of a discovery referee. Coverage was insufficient to resolve the case and plaintiff sought contribution in excess of the policy. Defendant indicated that he would "buy out" his policy so he could control further settlement negotiations. The case resolved for a confidential amount with a personal contribution by defendant.
Plaintiff, a medical recipient suffers from illness rendering him to a vegetative state. Plaintiff alleged that he developed a bedsore as a result of not turning him as well as not providing appropriate protective equipment and further he was found on several occasions, soiled. The case became problematic for defense when it was discovered that defendant employees falsified records resulting in possible exposure to punitive damages. Case resolved for a confidential amount.
Plaintiff, 70 years old with dementia brings an elder abuse case against a residential care facility through her guardian. It was alleged that there were several violations including failure to properly assess her medical condition through an appropriate physician during her stay and provision of care by staff that lacked training and appropriate certification. Further, there was an incident causing plaintiff to sustain ankle fractures requiring hospitalization and an open reduction and internal fixation. Plaintiff was not able to communicate the mechanism of the injury. It was alleged that she was dropped, but with her inability to communicate, there was a dispute as to mechanism of injury. It is alleged that thereafter that there was motivation on part of defendant not to report the fall and this resulted in a delay in providing care. Case was resolved in mediation.
Plaintiff is paraplegic and had been hospitalized. After release she is followed up by home health care service provider and develops decubitus ulcer. Questions are raised regarding care provided by those other than the defendant including self care and family care. Allegations are raised regarding both elder abuse and malpractice. Matter resolved confidentially as malpractice rather than elder abuse.
Plaintiff is in vegetative state at defendant facility and develops bed sores as well as dehydration. Defendant is represented by both personal counsel as well as counsel from defendant's carrier. Records suggest alteration. Matter resolved with persistent follow up.

General Negligence

Plaintiff participated in a rigorous athletic obstacle course for a television program. Prior to participating waivers were signed. Defendants relied on signed waivers in addition to assumption of the risk for recreational activities. Plaintiff alleges concealment of material facts and gross conduct. Plaintiff sustains serious injuries. Case resolved in mediation.
Plaintiff is an employee of a retail establishment and is injured. There is a contractor working and it is alleged that their work caused product to fall on the floor causing plaintiff's injury. Liability is disputed.There is a dispute regarding the location of the defendants who claim that the items were being tossed by plaintiff in anger rather than falling as plaintiff describes. There is a lien by the workers compensation carrier who does not attend the mediation. The disputed liability amongst plaintiff and defendant does not effect the obligation for benefits for injuries in the course and scope. The workers compensation is ongoing regarding indemnity and further medical treatment. Since defendant wanted assurance of a global settlement plaintiff agreed to settled and be responsible for any claim that might be made by workers compensation carrier. There will be an effort to attempt to structure a Compromise and Release in the Workers compensation Case.

Personal Injury

57 year old woman slipped and at her apartment. Significant dispute regarding liability and causation.
3rd party operator of lifting rig lifted prior to a signal so that plaintiff's hand was caught resulting in a crush injury.
Plaintiff, a home inspector comes onto property and meets a seemingly friendly golden retriever. Something riles the dog and he jumps up bites plaintiff who suffers a dog bite that becomes infected. He now suffers from a fear of dogs which is a problem because his profession requires him to enter homes regularly. Case resolved.

PI Auto

Plaintiff in R/E automobile accident with a prior lumbar surgery has surgery to neck with bad result requiring a 3rd surgery.
The is a rear end impact to plaintiff in his company car, but as an owner of the business had no workers compensation coverage. He had serious injuries necessitating two spinal surgeries cervical and lumbar. As a result of the injuries his company was dissolved although he is still able to work he alleges that he can't return to full time employment. Case resolved after two mediation sessions.
Case had previously tried with an appeal filed by plaintiff. Case was to imminently go to trial again. It was an admitted liability case with a dispute regarding the nature and extent of injuries. The major cause of contention was whether Plaintiff sustained a traumatic brain injury. Case resolved in mediation.
he case involves an automobile pedestrian accident. Plaintiff underwent a percutaneous discectomy. Medical bills exceeded six-figures although they were liened and disputed. Policy limit demand was made on multiple occasions and plaintiff alleged policy was open. Defense alleged that there was a bases for delay in response. Matter resolved in excess of policy limits.
Case involved a multiple automobile truck accident. Defendant's carrier required resolution of all claims before entering into settlement of any single claim. Plaintiffs couldn't agree on division of policy. Liability was not in question. Injury and causation was an issue. Plaintiffs settle with defendant and enter biding arbitration on the issue of distribution of settlement.

Premises Liability

Woman with history of falling tripped at her house of worship with issues regarding alleged prohibition from using her walker at that facility. She broke her hip, had surgery and one month later she broke the other hip, which lead to issues of causation
Plaintiff worked on defendant's loading dock and fell because of an exposed bolt on the dock, resulting in serious injury. Follow up to resolve absent workers compensation intervener.
Plaintiff is at Defendant's place of business to install video cable for a security system. It is alleged that he is an independent contractor of the defendant. Plaintiff is standing on a ladder and comes into contact with a high voltage electrical wire. Facts of the accident are in dispute. Did he contact electrical wire and fall, or did he lose balance on ladder reach for conduit and dislodge electrical wire from conduit? Plaintiff falls from the ladder and sustained a serious injury requiring hospitalization and surgery. Case resolved after the mediation session with extensive follow up.
Plaintiff is skating at defendant's skate rink, falls and alleges that there was an enhanced risk which trumps assumption of risk. Plaintiff suffers a significant injury to her wrist requiring 2 surgeries with residual complaints.
Plaintiff had two different accidents a week apart. A slip and fall with disputed liability and an auto with no dispute on liability. There was a dispute regarding apportionment of damages between the two accidents with each defendant pointing to the other for causation. Both defendants disputed nature and extent of damages. Matter resolved at the session.
Plaintiff ran a sporting camp at a college campus under contract. While riding a bicycle he came upon an unpainted chain on separated by two poles blocking access. As a result he fell from bike suffering injuries in effort to avoid chains. It was alleged that the chains had at one point been painted for visibility and that it was negligent to allow paint to degrade and not repaint and was a substantial factor in causing injury. Defendants disputed the chain was not visible felt the case was defensible and also raised comparative negligence. Defendants also raised a signed waiver by plaintiff. The case did not resolve at the mediation with parties far apart. There was significant follow up to no avail and the parties started in trial. As a last effort 5 months after the mediation a mediators proposal was given that resulted in settlement.

Product Liability

Plaintiff put his hand into a molding machine without guarding to remove material which lead to a dispute about normal use of the machine and this product liability suit.
Plaintiff using electrical testing devise on construction job. Employer advised that the electricity was off, he tested, not off device failed to sound. He gets tossed off ladder and has compression fx in the spine. He had an open w/c case with future payments, S&W and future medical so credit was an issue.
A tough case involving a paraplegic that had to use hoists to get around (two hoists by different manufacturers) alleged that a service person mixed up the two slings with different screw mechanisms and that over time they loosened, causing Plaintiff to fall suffering fx with internal fixation.
A metal bench placed outside of a commercial business was not bolted in place and plaintiff, a hefty man, sat on one end, the bench tipped and he sustained injuries.

Workers Compensation

Plaintiff works in a shop with woodworking equipment and is paid under the table. He is believed to be an independent contractor by the owner of the shop. He sustains a very serious injury on the job. Shop has no workers compensation insurance making them a willfully uninsured employer when Plaintiff alleges that he meets all of the requirements of an employee. Plaintiff pursues both the uninsured employers fund as well as the employer in Superior Court for Civil damages. The action resolves settling all issues.
Claimant suffered traumatic injuries in an automobile bicycle accident with an uninsured driver in the course and scope of his employment. He will never be fully independent and there was a stipulation that he was 100% disabled. Issues for the mediation related to value of Life Care Plan.
Plaintiff was seriously injured losing his left arm while working on a punch press. This action is pursued against the employer under the punch press exception that allows a civil case. The machinery used was originally manufactured in the 1940's and resold to plaintiffs employer from a vendor. It was alleged and disputed that the claim could be filed under the punch press exception and that guarding had been removed from the machinery. The case resolved for a confidential sum preserving plaintiffs rights at the workers compensation appeals board with no credit asserted.
Plaintiff files a product claim as a result of an injury that occured at her work. She also has an ongoing workers compensation case that remained open. Liability was highly contested. The case was resolved with the workers compensation carrier receiving a portion of the settlement and agreed not to take credit against plaintiffs future medical treatment. Workers compensation carrier will take credit againt future indemnity benefits.

Neutral Profile

BYRON M. RABIN, ESQ.

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BYRON M. RABIN, ESQ.

BYRON M. RABIN, ESQ.

Introduction

Specialties

ADR Highlights

Hobbies & Interests

ADR Highlights

Testimonials

Experience Summary

Legal Career

Education & Professional Affiliations

Achievements & Awards

Legal Experience

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

Employment

EWT and Discrimination

Wage and Hour

Wrongful Termination

Insurance

Coverage

Subrogation

Intellectual Property

IP Trade Secrets

Professional Malpractice

Medical Mal Dental

Medical Malpractice

Real Estate

Breach Of Contract

Home Owners Association

Real Property

Warranty of Habitability

Tort

Discrimination

Elder Abuse

General Negligence

Personal Injury

PI Auto

Premises Liability

Product Liability

Workers Compensation

Downtown Los Angeles

West Los Angeles

San Diego

Santa Ana

San Francisco

Sacramento