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    HON. FREDERICK P. AGUIRRE, RET.

    • Available in Orange County, All of California
    • Available for Mediation, Arbitration, and Private Judging assignments
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    Introduction

    Judge Aguirre has served the legal community as an attorney and judge with passion and dignity for over 43 years. After 15 years on the bench, he retired from the Orange County Superior Court on February 28, 2017 and is now available to serve as mediator, arbitrator and private judge. As a judge he presided over numerous cases in the areas of family law, government liability, business/contractual matters, and all types of personal injury including medical malpractice. Prior to the bench he was in private practice for 28 years and was the managing general partner of a 92-unit retirement community in Placentia, California.

    Judge Aguirre has been heavily involved in the community throughout his career. In 2014, he was named one of the "101 most influential Latinos in the US" by Latino Leaders Magazine. He has held leadership positions with the Orange County Hispanic Bar Association and the Orange County Trial Lawyers Association. He founded the Orange County Superior Court Leadership Academy in 2007. Judge Aguirre currently serves as president of Latino Advocates for Education and as Judge Advocate of the Orange County Council of the Navy League. Judge Aguirre speaks fluent Spanish.

    Specialties

    Hobbies & Interests

    In his spare time, Judge Aguirre enjoys spending time with his family, playing handball and piano, and is currently writing a book on WWII Latino Veterans at Pearl Harbor, December 7, 1941.

    Testimonials

    Judge Aguirre gave us his honest opinion regarding his valuation of the case which helped Plaintiff make her decision to settle the case.
    - Attorney on an Elder Abuse/Medical Malpractice Matter

    Worked hard to come to a conclusion.
    - Attorney on a Personal Injury Assault & Battery Dispute

    Hon. Aguirre was instrumental in resolving our matter. He helped us put the matter in prospective (sic) and worked tirelessly (even after hearing via telephone). We never felt pressured, but did feel that he was invested in the matter and made relevant points to help us see the value of the case. He was able to get both parties to agree to a settlement.
    - Attorney on a Personal Injury Auto Dispute

    Judge Aguirre is a good listener, which proved instrumental in settling the case
    - Attorney on a banking foreclosure dispute

    Links and Articles

    Experience Summary

    Legal Career

    • Judge, Superior Court, Orange County (2002-17); Unlimited Civil Trials (2013-17); Limited Civil Trials (2010-12); Juvenile Trials (2008-10); Family Law Trials (2004-08); Criminal Trials (2002-04)
    • Founding Member & Managing General Partner, Bradford Square Retirement Community (1985-02)
    • Sole Practitioner, Criminal Defense, Plaintiff’s Personal Injury, and Real Estate Development (1976-02)
    • Attorney, Cohen, Stokke, Owen & Davis, practicing Family Law (1974-76)
    • Legal Aid Society of Santa Clara County (1974)

    Education & Professional Affiliations

    • J.D., University of California Los Angeles (1971)
    • B. A., University of Southern California (1968)
    • Mediation Training (Dissolution), Pepperdine University School of Law/Straus Institute for Dispute Resolution (2005)
    • Mediation Training, California Judges Association (2004)

    Achievements & Awards

    • Navy League of the United States, Orange County Council, Member, Board of Directors (2010-Present); Judge Advocate (2012-Present)
    • California Latino Judges Association, Member (2002-Present); Vice President (2010-12)
    • George Baily Award, Family Law Section, Orange County Bar Association (2008)
    • Orange County Superior Court Leadership Academy, Founder (2007); Co-Chair (2007-2017)
    • Orange County Superior Court Grand Jury Committee, Member (2006-2017)
    • Judge of the Year, Hispanic Bar Association of Orange County (2003)
    • Support of Youth Award, California LULAC Education Foundation (2002)
    • Co-Founder, Latino Advocates for Education, Inc., President (1996); Member (1996-Present)
    • Alzheimer’s Association of Orange County; Board of Directors (1985-87); Member (1985-Present)
    • Orange County Trial Lawyers Association, Board of Directors (1980-82); Member (1980-Present)
    • Past President, Orange County Mexican American Lawyers Club (1976)
    • Hispanic Bar Association of Orange County, Co-Founder (1974); President (1975)

    Legal Experience

    • Business/Contractual
    • Employment
    • Family Law
    • Government Liability
    • Medical Negligence
    • Personal Injury
    • Real Estate
    • Wrongful Death

    Representative Case Information

    Recent Representative Cases

    Business/Commercial

    Banking/Finance

    • Homeowner secured loan modification, then filed Bankruptcy due to another creditor's foreclosure proceedings. Bank insisted that Homeowner secure Bankruptcy court approval for the loan modification. Bank refused to accept monthly payments and began foreclosure. Homeowner filed suit and Bank lost MSJ on their position. Case settled in mediation.

    Contractual

    • This is a binding arbitration regarding a dispute over the disposition of attorneys fees earned in a personal injury case that settled for a six-figure amount. Petitioner represented the Plaintiff for 24 months and negotiated a defense offer of settlement which was rejected by the Plaintiff who then discharged Petitioner and retained the Respondent who settled the matter after 16 months of pre-trial litigation. Petitioner alleged that he was entitled to his contingency fee of the proposed settlement amount. Respondent argued that Petitioner was only entitled to a reasonable fee.
    • Petitioner law firm claimed that Respondent law firm owed it over a low six-figure amount in agreed upon attorneys fees based on a breach of a written agreement. Petitioner claimed that it referred several cases to Respondent in a national products liability action with scores of claimants that resulted in a multi-million dollar settlement. Petitioner demanded punitive damages based on fraud. I ruled on several motions for discovery, a motion for summary judgment, a motion for judgment on the pleadings and a motion to strike.

    Employment

    Wrongful Termination

    • Plaintiff, a big-rig truck driver, was terminated after 14 years for refusing to obey an order to pick up products at the 12th hour of his 14-hour shift. He claimed whistle-blower status and wrongful termination.

    Professional Malpractice

    Medical Malpractice

    • Plaintiff visited Defendants' medical clinic complaining of pain in his knees and back and also complaining of other issues. The Physician Assistant prescribed oxycodone and norco, but did not conduct a rectal digital examination or order any prostate cancer screening tests. After years of treating and additional medications, a PSA blood test detected cancer. Plaintiff contended that had the prostate cancer been diagnosed earlier that there would be no recurrence and he would have a normal life expectancy.

    Tort

    Personal Injury

    • Newborn baby was prematurely delivered at 32 weeks by C-section, but in transporting the baby from the birthing hospital to the Neo-natal care hospital, the gurney carrying the child was accidentally tipped by EMTs and the baby sustained a left parietal skull fracture, with no obvious bleed. The MRI showed PVL damage to the brain matter resulting in developmental delays for the child. The Defense retained Pediatric Neurologist reported that the fall did not contribute to or cause the delayed development. The child’s devolvement delays appear to be slight and can be addressed through speech therapy and fine motor skill therapy. Case settled in mediation.
    • Plaintiff, a retired police officer, suffered severe dog bite wounds to his left arm, left hand, and right hand which required two surgeries. Nerve damage to left hand continues and loss of earnings claim was made. Defendant claimed that his two dogs were enclosed by a 6 foot fence with no holes.
    • Plaintiffs, a 71-year-old lady and her 9-year-old grandson were bit by a pit bull dog as they walked from her rental unit through the backyard of the Defendant homeowner. Both have large scars on their abdomens, groin areas, and thighs.

    PI Auto

    • 3 minors and 1 adult were rear-ended. The adult suffered major injuries - disc protrusion at L4/5 and cervical strain necessitating epidural injections with bills close to 6 figures. Minors were treated for soft tissue injuries. Case settled in mediation.
    • 40-year-old mother of 4 children, with no prior history of neck, arm or back pain, was rear-ended. Her automobile received minor damages. She did not receive medical treatment for 5 days, then complained primarily of neck and radiating arm pain. MRI three months later revealed 2-3 mm disc protrusion at C3-C4 and 3 mm disc protrusion at L4-L5. Plaintiff's orthopedic surgeon recommended 3 epidural injections. No loss of earnings claimed as plaintiff cared full time for her 11-year-old, severely autistic son and 2 other minor children. Plaintiff demanded the policy limit. Both parties requested a Mediator's Proposal.
    • Plaintiffs were rear-ended by Defendants. Defendants admitted fault but disputed reasonableness of medical treatment. One of the plaintiff's last received medical treatment in summer of 2016 and was not suffering further pain. The second plaintiff recently suffered pain and a new MRI revealed a significant disc bulge at L5-S1 and she was receiving physical therapy.
    • This was an admitted liability automobile accident case where Plaintiff's SUV was caused to flip over two times on the freeway causing serious injuries to the 51-year-old female Plaintiff. Medical specials (paid bills) were in excess of a high five-figure amount, with questionable future medical treatment. Plaintiff demanded the multi-million dollar policy.
    • Plaintiff, drove into a fast food establishment's parking lot and parked her car. She got out of her car and failed to look to her left before entering the pathway of cars. Defendant driver looked down and failed to see Plaintiff walking into her pathway and struck Plaintiff. Plaintiff sustained a lateral tibial plateau fracture of her left knee and immediately underwent orthopedic surgery. Plaintiff alleged that the premises owners failed to alert drivers that pedestrians would be crossing the three lanes of traffic. Matter settled in mediation.
    • Defendant admitted liability in this unsafe left turn case causing accident which resulted in Plaintiff's open right tibia and fibula fracture. Plaintiff recovered reasonably well and has minor permanent disability.
    • Claimant was involved in a minor collision with an uninsured motorist, had pre-existing medical conditions and was covered by UM insurance policy issued by Respondent. There was no wage loss as Claimant was disabled from working. Claimant did not request future medical expenses.

    Premises Liability

    • A woman in her late forties slipped and fell in a big-box store sustaining injuries to her back which resulted in a 3 mm disc protrusion at L4-L5. She claimed she slipped on "bird poop" on the floor. Notice was questionable. A store employee had stated to the Plaintiff that the store knew about a bird problem before, but the employee was referring to a bird nest that had been removed several months before not about the lone bird that left the bird poop a few moments before she slipped.
    • Plaintiff, a 58-year-old female, tripped on a parked forklift in the aisle of a big box store. She fell and sustained right arm abrasion, right knee abrasion and complained of headaches and low back pain. No loss of consciousness and no fractures. Total medical specials was paid by Plaintiff's insurance. No loss of earnings and no future medical treatment documented.

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