Hon. Clay M. Smith, Ret.

Family Law Issues

• This trial involved the characterization and division of a complex marital estate and involved substantial forensic accounting evidence.
• This was a telephonic mediation of proposed changes to the final judgment and related settlement documents.
• Review Respondent's request for attorney's fees; Petitioner's opposition and request for sanctions; Respondent's reply.  Prepare detailed order on request for attorney's fees.
• Appointed discovery referee to resolve over 11 years of accumulated child support.
• Settled very complex case involving very high-income spouses. The claims included breach of fiduciary duty, concealment of assets, and related issues.
• A request for an order to reduce long-term spousal support. The case settled on a one-time payment in exchange for termination of spousal support.
• The successful mediation of a marriage dissolution, including all financial issues and parenting plan. The case included complex issues of community interest in a separate property family business, controllable cash flow from the family business, and spousal support buy-out.

Marital Dissolution

• Successful mediation of a complex family law matter involving an on-going business, out of state real property, and support issues.

Public Policy

• Arbitration of disability claim against a large public agency.
• Arbitration of a contested public employee disability retirement application.
• Arbitration of an industrial injury retirement claim involving a public employee and a public pension system.
• Judicate West neutral Judge Clay M. Smith (Ret.) has been engaged by the City of Anaheim to lead a comprehensive and independent investigation into allegations of potential misconduct involving city officials, employees, and others. Judge Smith will be assisted by JL Group, LLC, a professional workplace consulting and investigation firm with deep experience in providing workplace investigations on behalf of public entities.

Regulatory

• This matter resulted in the settlement of three cases pending against a county government and officials. The claims pertained to land use planning permits, Public Records Act disclosures, and mandamus. All three matters were successfully resolved.

Medical

• Discovery referee in a catastrophic injury medical negligence case.

Legal

• This case is a legal malpractice claim with cross-claims for fraud and breach of contract.
• This case is a legal malpractice claim and includes a cross-complaint asserting multiple claims against plaintiffs.
• Legal malpractice case involving difficult issues of both breach and damages.

Breach Of Contract

• Successful mediation of a commission dispute following the sale of a commercial property.

Buy/Sell

• This case involved a commission dispute flowing from the sale of commercial property. The case did not settle at the initial mediation session. Judge Smith continued to facilitate negotiations and convey proposals and ultimately settled the dispute after more than a year of follow-up.

Home Owners Association

• Mediation of a dispute between a homeowner and HOA regarding compliance with HOA rules, alleged discrimination, alleged assault, and other significant problems.
• Successfully resolved a very bitter dispute between one member of the HOA board of directors and the other members. This case involved multiple claims, including defamation, negligence and violation of civil rights.

Real Estate Land Use

• Mediated dispute between a City and commercial landowner to resolve multiple code violations, fines, and liens.

Real Property

• Arbitration of the issue of fair market value of waterfront property. The case involved complex issues of littoral rights, and highest and best use.
• Settled complex negotiation between owners of a hotel for the sale on the entire project to one of the owners.
• Provided an advisory opinion and subsequent analysis regarding the effect of Covid-19 on the rights and obligations of a major international company.
• This case involved a claim by a general contractor against the property owner for unpaid amounts and a cross-complaint for construction errors. The case was settled after two difficult sessions involving the parties' experts, counsel, and insurance adjuster.
• Participated in a mock trial presentation of a complex case involving multiple international real estate and financial transactions to assist trial counsel to evaluate the strength of various arguments prior to trial.
• Successful mediation among property owners with a retail shopping center of disputed CAM charges over several years.

General Negligence

• This case involved claims of negligence by a mortuary which resulted in emotional trauma to plaintiffs/family members.
• Successful mediation of a difficult slip and fall case resulting in severe injuries.

Personal Injury

• Successful mediation of a trip and fall resulting in multiple broken bones and surgeries.

PI Auto

• Auto accident case involving soft tissue injury.
• Served as a discovery referee handling complex issues pertaining to subpoenas and written discovery disputes.
• Served as discovery referee in catastrophic personal injury case, resolving several discovery motions and subpoena-related issues
• Successful mediation of a substantial uninsured motorist claim against the carrier for a ride-share app.
• Mediation of a personal injury case involving severe injuries resulting from a ride-share app vehicle collision with a pedestrian.

Policy Distribution

• Mediation of the allocation of a policy limits settlement among claimants. This resolved the case pre-litigation.

Product Liability

• Successful mediation of a subrogation claim by the insurance carrier against the manufacturer of a consumer product. The claim was based on product liability and the contention that a product defect caused the insured significant damages.