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    BYRON M. RABIN, ESQ.

    • Available in Orange County, All of California, Inland Empire, Los Angeles, Northern California, San Diego, Southern California
    • Mediation Only
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    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

    Hobbies & Interests

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

    Testimonials

    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

    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

    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

    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

    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. He has been awarded several honors including induction into the Orange County Trial Lawyer hall of Fame 2010, Robert Banyard Inn of Court Angelo Palmieri Award for maintaining the legal professions highest tradition of professionalism and civility, Orange County Trial Lawyer Personal Injury Trial Lawyer of the Year (1998), 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.

    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.

    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.

    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 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.

    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.

    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.

    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.

    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.

    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.

    Downtown Los Angeles

    601 S. Figueroa
    Ste 4000
    Los Angeles, CA 90017
    Phone: 213.223.1113
    Fax      : 213.223.1114

    Los Angeles Mediation

    West Los Angeles

    11601 Wilshire Blvd
    Ste 2040
    Los Angeles, CA 90025
    Phone: 310.442.2100
    Fax      : 310.442.2125

    Mediators Los Angeles

    San Diego

    402 W. Broadway
    Ste 2400
    San Diego, CA 92101
    Phone: 619.814.1966
    Fax      : 619.814.1967

    San Diego Mediation

    Santa Ana

    1851 East First Street
    Ste 1600
    Santa Ana, CA 92705
    Phone: 714.834.1340
    Fax      : 714.834.1344

    Orange County Mediation

    San Francisco

    100 Pine Street
    Ste 1950
    San Francisco, CA 94111
    Phone: 415.266.1242
    Fax      : 415.266.1243

    San Francisco Mediation

    Sacramento

    980 9th Street
    Suite 2200
    Sacramento, CA 95814
    Phone: 916.394.8490
    Fax      : 916.394.8495

    Sacramento Mediation

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