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HON. CESAR SARMIENTO, RET.

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HON. CESAR SARMIENTO, RET.

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Introduction

Hon. Cesar Sarmiento (Ret.) is a distinguished former Settlement Judge of the Los Angeles County Superior Court. During his 26 year tenure, he led hundreds of successful settlement conferences in cases across a broad span of practice areas such as general business commercial disputes, employment, malpractice and personal injury. While on the bench, Judge Sarmiento implemented the first Santa Monica Court personal injury Civil Referee Assisted Settlement Hearing (CRASH) program where he personally participated in 10+ personal injury related settlement conferences per week.

As a mediator, Judge Sarmiento is noted for his dogged determination and follow-up when a case does not settle on the day of mediation. He prides himself on being extremely diligent in his preparation for every matter he handles. He is also well known for his organization and skills in handling complex and high-stake matters, for his thoughtful even handed approach and uncanny ability to break impasse with even the most staunchly opposing viewpoints. Many attorneys regard him as "professional, thoughtful and decisive."

Specialties

Hobbies & Interests

Judge Sarmiento is an avid surfer and in his spare time plays the guitar in a jazz band.

Testimonials

"Prepared, experienced, so very skilled. Wonderful!"
- Attorney on a Personal Injury Auto Dispute

"Judge Sarmiento understood the law and facts. He dove right in to the value of the case. "
- Attorney on an Emplyment Wage & Hour Dispute

"Judge Sarmiento was very effective in getting the parties to address the issues and exchange multiple offers."
- Attorney on a legally complex, general negligence dispute

"I wanted to let you know that my client and I really appreciated the way you grasped the concepts involved in this highly technical products liability case, assessed the weaknesses, and applied non-traditional strategies to effectuate a settlement."
- Attorney on a Products Liability Dispute

"I had several very positive experiences with Judge Sarmiento when he was on the bench. I am pleased to see that those skills translated well to the mediator position!"
- Attorney on a product liability dispute

"Judge Sarmiento is extremely effective at quickly understanding and reducing complex facts + legal issues to basic terms. He’s also very efficient in isolating settlement issues and coming up w/ creative ways to resolve them."
- Attorney on a complex and highly emotional business contractual fraud dispute

"Judge Sarmiento's bench experience and communication skills contributed greatly to completing our mediation successfully."
- Attorney on a Personal Injury Auto Dispute

Experience Summary

Legal Career

Mediator, Arbitrator (2014-Present)
Settlement Judge, Los Angeles County Superior Court
Organized and managed the first Santa Monica court personal injury Civil Referee Assisted
Settlement Hearing (CRASH) program
Judge, Los Angeles County Superior Court (1993-2014)
Judge, Los Angeles County Municipal Court (1988-1993)
Deputy District Attorney, Los Angeles County (1982-1988)
Deputy Public Defender, Los Angeles County (1981-1982)

Education & Professional Affiliations

J.D., UC Davis School of Law
B.A., California State University, Northridge
Distinguished Jurist Award, Philippine American Bar Association (2015)
Member, Santa Monica Bar Association (2015-Present)

Legal Experience

Business/Commercial
Employment
Construction Defects
Personal Injury
Real Estate
Entertainment
Sports
Family Law
Probate
Malpractice

Representative Case Information

Recent Representative Cases

Business/Commercial

Banking/Finance

Indemnification cause of action for misrepresentations, mistakes, and omissions in dispute between Mortgage originator and Bank over the sale of mortgage.

Complex Commercial

Multi-million dollar dispute between investment banking firms over right to commissions from sale of distribution rights for international beverage company
Lawsuit regarding fraudulent transfer of property involving millions of dollars, complicated by simultaneous litigations in other states and countries
Partnership dissolution lawsuit of major law firm involving rights to profits from pharmaceutical litigation
Action against school district for unfairly advertising and charging for adult basic and secondary education classes

Contractual

Contract dispute between major sports franchise and former Head Coach of the organization
Breach of contract dispute between movie camera designer/manufacturer and Japanese distributor
Dispute between consumers and auto manufacturer regarding defective outboard engines
Matter between consumer and luxury car dealership regarding sale of defective vehicle
Dispute between general contractor and bank over construction loan on a condominium project
Dispute between major Hollywood actor and investors over a new casino/hotel operation in Beirut, Lebanon
Breach of Warranty and Breach of Contract in Sale of Manufactured Housing Unit
Dispute among members of LLC over Commercial Real Estate investment
Breach of contract arising out of a loan agreement. The borrowing party is in the clothing manufacturing business.
This is a business dispute. The plaintiff alleged breach of contract and fraud arising out of denial of partnership in the business. The business sells and consults to customers in the Pro Audio, recording studio and live sound production industry.
Plaintiff alleged she had entered into a contract to purchase a restaurant. Defendant owner argued that it was not a contract to sell.
This case involved a tax dispute between a Law Firm and a City. The City alleged that the law firm had underpaid business taxes.
Breach of Contract case between an aerospace parts manufacturer and a refraction company over the rebuilding of a furnace used in the manufacture of parts.
Business dispute involving aerospace company and a robotics manufacturing business. Breach of contract over the suitability of a robotics unit for the task it was designed.

Fraud/Misrepresentation

Business dispute breach of contract along with allegations of fraud by both sides. The business did billing of insurance companies for Dentists.
Plaintiff suing Defendant for fraud and for stealing his money. Defendant was a money manager/investment consultant and agreed to manage Plaintiff's money.
Breach of Contract and fraud allegations arising out of the sale of insurance business.

Lemon Law

This case involved a Vehicle Dealer Bond issued pursuant to Vehicle Code Section 11711. The Principal, defendant in an interpleader action, refused to indemnify the Surety for the amount of the bond.

Construction

Construction Breach Of Contract

Condominium owner suing her Home Owners Association for repair to common and private areas of condo complex.
General Contractor sued owner over dispute involving the construction of an apartment complex. The Plaintiff was arguing the original contract was abandoned and that he was entitled to recover an amount in excess of the Guaranteed Maximum Price.

Construction Defects

Disputes involving commercial, residential, and condominium projects involving all trades
Dispute regarding 10,000 square foot home in Beverly Hills between owner and general Contractor and related cross complaints
Lawsuit involving four-unit condominium project between builder and general contractor over delays and defects
Dispute between general contractor and subcontractor hired to do excavation, shoring, and concrete work on condominium project
Matter between dentist and architect over planning, design, and construction of dental office
Indemnification action by general contractor against subcontractors arising from construction on Beverly Hills mansion
Matter between dentist and architect over planning, design, and construction of dental office
Lawsuit involving comedy club suing contractor over work performed to building

Employment

Breach of Contract

Employment dispute involving Private Attorney General Act (PAGA) against national fast food franchise
Mediated breach of employment contract dispute with investment banking firm and employee regarding equity interest in the company
Mediated breach of duty of loyalty and theft of trade secrets case between Mortgage Company and its President

Discrimination

Handled countless employment cases involving both small businesses and large national corporations involving discrimination based on gender, race religion and disability, sexual harassment, retaliation, wage and hour, overtime, misclassification and pregnancy disputes
Dispute involving breach of employment contract and unlawful termination of executive of major movie industry special effects company
Mediated a pre-filing disability discrimination with failure to accommodate matter between a credit card company and employee
Mediated disability discrimination, failure to accommodate, retaliation and wage and hour dispute involving an international airline company
Employment discrimination case against a fast casual restaurant chain. Plaintiff alleged that the restaurant terminated her because she was pregnant.

Hostile Environment

Matter arising from employee alleging sexual harassment claims against major metropolitan county office

Sexual Harassment

Employment wage and hour case, sexual assault
Sexual harassment case arising out of a dentist's office. Additional claims of discrimination based upon gender made by multiple employees.
Employment case: Plaintiff alleged discrimination, unlawful termination based on pregnancy and sexual harassment.
This was sexual assault and harrasment, hostile working environment in the work place employment case.

Wage and Hour

Employment case. Issues: 1) independent contractor vs employee status and 2) commissions owed.
Handled countless employment cases involving both small businesses and large national corporations involving discrimination based on gender, race religion and disability, sexual harassment, retaliation, wage and hour, overtime, misclassification and pregnancy disputes
Numerous wage and hour, overtime claims, meal and rest period actions against national fast food franchises and retail chain stores

Whistleblower Wrongful Term

Plaintiff alleged he was wrongful terminated for reporting fraud on a public transportation project.

Wrongful Term & Discrimination

Employment case. Plaintiff alleged she was constructively terminated due to racial discrimination.

Wrongful Termination

Claim against national retailer resulting in multi-million dollar settlement
Numerous actions against national fast food franchises and retail chain stores Dispute involving unlawful termination of executive of major movie industry special effects Company
Failure to accommodate and wrongful termination claim against national retailer resulting in multimillion dollar settlement
Mediated dispute involving wrongful termination based on pregnancy and disability against insurance company employer
Employment dispute involving Private Attorney General Act (PAGA) against national fast food franchise
The Plaintiff was a caregiver for the decedent. He sued the Trust that employed him for overtime wages and penalties.

Entertainment

Entertainment Issues

Breach of contract dispute between movie camera designer/manufacturer and Japanese distributor
Dispute between major Hollywood actor and investors over a new casino/hotel operation in Beirut, Lebanon
Dispute involving unlawful termination of executive of major movie industry special effects company
Mediation of case involving NBA franchise and head coach regarding breach of employment contract dispute over salary owed after termination
Dispute between agent and television sitcom actor regarding commissions owed Several cases involving musicians and actors against their agent or management over commission disputes
Partnership dissolution dispute involving a talent agency
Dispute among producers of Sports Documentary over credits and profits distribution

Insurance

Coverage

Negligence and conversion causes of action arising from the theft of a trailer from a vehicle storage business.

Property Damage

The defendant's golf course construction caused mud slide which destroyed Plaintiff's home.

Subrogation

Workers Compensation carrier suing defendant for recovery of funds paid in workers comp action. Plaintiff suing for general damages.
Insurance subrogation action.Insurance company sued manufacturers and retailer for selling an allegedly defective remote control car battery. The insured's battery exploded while charging resulting in property damage from fire.

Probate

Probate dispute among siblings over what property was part of Trust assets.

Professional Malpractice

Medical Malpractice

Medical malpractice case against 2 doctors. The plaintiff's wife died on the operating table during a surgery to remove a mass in the neck.
Medical Malpractice case arising out of a donor nephrectomy
Medical malpractice case against doctors for over prescribing iron treatment to Plaintiff. Plaintiff was self represented.

Prof Malpractice Accounting

The defendant is a CPA. His firm failed to pay employment taxes to the EDD and IRS. The plaintiff was seeking recovery of the interest and penalties the IRS and State EDD imposed. In addition the Plaintiffs were seeking recovery of legal and accounting fees incurred in dealing with the IRS and assessing the amount of their losses.

Real Estate

Breach Of Contract

Complicated HOA case involving HOA, Management Company, Foreclosure Co., individual HOA board members and residents. Settlement involved refiling with recorders' office lien assessment documents.
Home seller refused to pay sales commission to broker on the sale of a house.

Buy/Sell

Purchase of residential real estate dispute. Buyer cancelled the escrow and the issue was whether the seller was entitled to keep the deposit or if it should be returned to buyers.

Home Owners Association

Dispute between homeowners and the Home Owners Association over the location of a bus stop.
Homeowners Association dispute. The common area floor joists sunk causing damage to the Plaintiff's condo unit. Dispute is over who has to pay for particular items of damage.
Dispute between condo unit owner and HOA over damage to property and failure to comply with CCR's and by laws.

Landlord/Tenant

Commercial lease dispute involving a health food/juice restaurant. The dispute involved construction on the leased property and the subsequent building code violations. The property owner filed an unlawful detainer to evict the tenant for violation of the lease terms. The tenant filed a declaration relief action. Case settled by a modification of key terms of the lease.

Real Property

Disputes between homeowners regarding ocean view obstruction in upscale suburban neighborhood
Fence line dispute between apartment building owners in major metropolitan city
Adjacent neighbor dispute arising from property owner allegedly dumping construction debris into backyard resulting in landslide hazards
Tenant dispute against Homeowners Association (HOA) involving 100+ condominium complexes over construction and repairs
Dispute between downhill homeowners against uphill homeowner when mud slide flooded their homes
Numerous HOA suits against condominium owners for unauthorized construction
HOA disputes with tenants renting units for short-term vacations
Lawsuit to have foreign country judgment recognized in California arising from dispute related to real estate transaction
Numerous cases involving easement disputes
Residential Property dispute between neighbors involving an easement.

Warranty of Habitability

Warranty of Habitability case involving 28 unit apartment building.
This is a personal injury case arising out of exposure to mold in the Plaintiff's rental apartment.
Warranty of habitability case involving131 plaintiffs.

Tort

Food Safety

Plaintiff alleged that she became sick from E.coli virus from dining at the Defendants' restaurant.

General Negligence

A natural gas provider alleged a cause of action for inverse condemnation against an electricity supply company and a City. The gas provider alleged that the electricity supply company's power surge caused damage to City's water pipe which caused 6-figures worth of damage.
Plaintiff sued cemetary because of a botched burial. First, the casket would not fit in to the grave sight because the handles were too wide. Then, they had to open the casket, move the body around, tear out the lining and unscrew the handles. This took place at the grave sight as the family members observed the whole process.

Personal Injury

Organized and managed the first Santa Monica court personal injury CRASH program
Countless lawsuits involving automobile accidents, premises liability, slip and fall, medical malpractice, legal malpractice, and wrongful death
Numerous disputes for injuries sustained by passengers on metropolitan transportation authority buses
Wrongful death claim against major metropolitan city when elderly man tripped and fell in airport parking structure
Dispute against large coastal municipality when individual was injured after wave swept her off a breakwater structure
Medical malpractice matter against doctor and hospital for death of elderly patient Lawsuit against nightclub resulting from fight involving club bouncers against patrons
Dispute arising from head trauma injury resulting from individual falling from motorized two-wheeled personal transport vehicle
Dispute against major metropolitan city for improper roadway design
Disputes involving toxic mold complaints
Mediated high-speed freeway accident case involving multiple vehicles and injuries including a wrongful death claim
Mediated premises liability case where a woman fell through an improperly filled construction ditch while running through a college campus
Mediated serious injury claim involving an employee on a college campus Mediated premises liability matter on private college campus where stage collapsed on an assembly attendee
Mediated numerous injury matters occurring in parking lot and parking structures
Plaintiff alleged sexual abuse against the mother of one of his high school friends.

PI Auto

Bad faith insurance arising out of a personal injury auto/pedestrian accident.
Car accident case involving high profile political/celebrity personality.
First party insurance case arising out of a car on bike accident. Defendant driver was underinsured.
Motor scooter accident involving broken tibia and fibula and disputed TBI.

Premises Liability

Laborer injured on construction site. Along with the usual issues involved in personal injury cases, this case involved complications relating to the Worker's Compensation lien.
High-profile celebrity case. Actor/comedian accused of assaulting a driver.

Product Liability

Breach of contract involving Hardwood Floor manufacturer.
Property damage case involving the Homeowners Association with multiple parties, subrogation actions and insurance issues.
The Plaintiff alleged that the stem on the bicycle broke causing him to crash. The Plaintiff argued that the metal alloy used in the stem was not suitable for use as a bicycle stem.

Neutral Profile