HON. HERBERT B. HOFFMAN, RET.

  • Available in San Diego, All of California
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

Since October of 1998, Retired Superior Court Judge, Herbert B. Hoffman has utilized his experience as a judge and trial lawyer to build a very successful private dispute resolution practice serving as a mediator, arbitrator and private judge in a wide range of matters. Judge Hoffman has successfully mediated to resolution well over one hundred cases each year since his retirement. He has also handled many arbitrations in real estate, personal injury, professional liability, employment, medical malpractice, insurance coverage and bad faith plus business/commercial disputes including an international multi-million dollar case involving disputed royalties, before the International Court of Commerce in Paris. Judge Hoffman has also served as special master or discovery referee in numerous civil matters including the 'coordinated latex glove litigation' involving 50 separate cases pending in the San Diego Superior Court. He is well-known as a no-nonsense straight shooter and strong agent of reality. One prominent San Diego trial lawyer noted, "If the most important thing is truly to get your case settled, he's the go-to guy in this town." Many of our clients concur.

Specialties

Testimonials

I was very pleased with Judge Hoffman. He was very straightforward with my client and at the same time, sympathetic to her injury. I would not hesitate to use Judge Hoffman again.
- Attorney, Los Angeles, California

I would like to take a moment to thank Judge Hoffman for all his hard work. The compassion he showed my clients left a lasting impression on all of us in the room. And his creativity and tenacity led to resolution in a very challenged case.
- Attorney, San Diego, California

I wanted to thank Judge Hoffman for his insight and persistence. My clients were very grateful for the sensitive and compassionate approach he demonstrated in mediating a very sensitive and compassionate matter.
- Attorney, Orange County, California

Experience Summary

Legal Career

  • Full-Time Mediation, Arbitration and Private Judging Practice (1998-Present)
  • Judge, San Diego Superior Court (1985-98)
  • Senior Litigation Attorney, San Diego US Attorney’s Office (1980-85)
  • Adjunct Professor, University of San Diego Masters of Law Program (1979-86)
  • Litigating Attorney, Sachs, Greenbaum & Taylor in Washington D.C. (1973-74)
  • Assistant US Attorney, Washington D.C. (1969-73)

Education & Professional Affiliations

  • J.D., DePaul University School of Law (1967)
  • B.A., University of Iowa, Business Administration (1964)
  • Past President, San Diego County Judges Association (1994-95)
  • Member, California State Federal Judicial Council (1988-96)
  • Board Member Emeritis, American Business Trial Lawyers, San Diego Chapter
  • Master, William B. Enright American Inn of Court
  • Master, Clifford Wallace American Inn of Court

Achievements & Awards

  • While on special assignment with the Fourth District Court of Appeal in 1995, Judge Hoffman developed an innovative settlement program for pending appellate cases.
  • Additionally, he has lectured on trial techniques at the Attorney General Trial Advocacy School, University of San Diego-School of Law, the National Institute for Trial Advocacy and the National College of District Attorneys.
  • He has also lectured on settlement techniques at various California Judicial education programs and other organizations in the legal community.
  • Judge Hoffman was selected by the Daily Journal as one of California’s Top Neutral’s in 2009.
  • He has been the recipient of numerous awards including the highly coveted, John Marshall Litigation Award (1983) and other awards from the United States Department of Justice for his outstanding service as a trial attorney.

Hobbies & Interests

In his spare time, Judge Hoffman enjoys golfing, thoroughbred racing and dancing.

Legal Experience

  • Real Estate
  • Business/Commercial
  • Employment including Sexual Harassment
  • Professional Liability
  • Medical Malpractice
  • Insurance Coverage/Bad Faith and all types of Personal Injury matters

Representative Case Information

Recent Representative Cases

Business/Commercial

Banking/Finance

  • Mediation of class action by consumers against provider of criminal background information for improper disclosures.

Consumer Class Action

  • Mediation of bad faith claims against provider of home health care insurance benefits
  • Mediation of class action against debt collection company for unauthorized recording of telephone calls.
  • Mediation of multi-district litigation in Federal Court over TCPA violations against major debt collections company.
  • Mediation of Telephone Consumer Protection class action (TCPA) brought against major telephone provider for unauthorized cell phone collection calls.
  • Mediation of consumer class action against automobile dealership for illegal telephone recordings.
  • Mediation of class action against national student loan company.

Contractual

  • Arbitration of dispute between coastal city and its insurance carrier over reimbursement of attorney fees and costs in defense of underlying lawsuit.
  • Mediation of dispute between consultant and stem cell research company over South America investment.
  • Mediation of business dispute between partners in a swimming pool construction company with offices in several cities.
  • Mediation of dispute between owner of MRI machine and hospital leasee over damage to MRI.
  • Mediation of partnership dispute.
  • Mediation of business dispute between partners of a construction company builder of homes.
  • Mediation of dispute between former partners in construction business.
  • Mediation of dispute between owner of major shopping center and management company over necessary repairs.
  • Arbitration of a dispute between real estate partnership and management company which was removed by majority vote of partnership.
  • Mediation of dispute between provider of pest control services and former employee of new competitor service.
  • Mediation of professional malpractice claim by investor in business using Small Business Administration funds for improper transactions.
  • Mediation of business dispute between two physicians who shared office space over a promised sale of business and sharing of expenses.
  • Mediation of bad faith claim by meat distribution for denial of coverage of stolen meat in transit.

Construction

Constr. Defect/Real Property

  • Mediation between shopping center landlord and major department store tenant over repair expenses and renewed lease.

Construction Defects

  • Multi-party mediation of construction dispute between general contractor and sub-contractor over repair costs.

Construction Delay Claims

  • Mediation of Jones Act claim by seaman against vessel owner.

Employment

Discrimination

  • Mediation of racial discrimination claim against employer.

Wage and Hour

  • Arbitration of wage and hour claims by resident manager of several apartment buildings.

Wage Hour Class Action

  • Mediation of class action wage and hour claim of employees of women's shoe stores.
  • Mediation of wage and hour class action by sales persons employees of solar panel provider.
  • Mediation of wage and hour class action by employees of national parking lot company.
  • Mediation of dispute between class counsel and objectors to class settlement.
  • Mediation and arbitration of class action by mechanics against automobile dealership for wage and hour violations.

Wrongful Termination

  • Mediation of claim by medical resident terminated by hospital.
  • Mediation of multiple-plaintiff sexual harassment claim against major restaurant chain.
  • Mediation of dispute between lawyer and former associate who ran outside office.
  • Mediation of wrongful termination of employee of healthcare group.
  • Mediation of employment wrongful termination of repair estimator against automobile dealership.
  • Mediation of wrongful termination of African-American employee of ship repair company.

Insurance

Coverage

  • Special Master in bad faith lawsuit over insurance coverage for life insurance policy.
  • Mediation of bad faith claim against insurer for failure to provide coverage in construction defect litigation.
  • Mediation of bad faith claim by policy holders over denial of accelerated benefits caused by health issues.

Intellectual Property

IP Copyright

  • Mediation of intellectual property claim by designer of specialty shoes.

Professional Malpractice

Medical Mal Dental

  • Mediation of dental malpractice claim.

Medical Malpractice

  • Mediation of elder abuse claim against convalescent hospital.
  • Mediation of lack of informed consent against anesthesiologist for using certain drugs during surgery.
  • Mediation of a medical malpractice claim against doctor for stopping certain medications.
  • Mediation of wrongful withholding of commissions by employer of major medical products company.

Professional Malpractice Legal

  • Mediation of malpractice claim against attorney over representation of doctor in hospital proceeding, resulting in termination of privileges.
  • Mediation of legal malpractice claim for legal advice in real estate investment and related claims.
  • Mediation of legal malpractice claim against law firm from personal injury claim.
  • Mediation of legal malpractice claim over financing of underlying failed lawsuit.
  • Mediation of legal malpractice claim for missing statute of limitations.

Real Estate

Breach Of Contract

  • Mediation of real estate transaction dispute involving environmental clean-up issues.
  • Arbitration of dispute over eviction of tenant by Transit Board.
  • Mediation of dispute between partners of real estate apartments over partners' percentage interests.

Landlord/Tenant

  • Mediation of rental agreement claim by landlord and restaurant tenant at Los Angeles marina.
  • Mediation of a constructive eviction claim by law firm against landlord of commercial building.
  • Mediation of class action claims between tenants and owners of properties.

Real Property

  • Mediation of property damage claim against a homeowners association.

Warranty of Habitability

  • Mediation and arbitration of dispute between tenants of mobile home park and owner over services and repairs.

Tort

Catastrophic Injury

  • Mediation of construction site accident against general contractor and sub-contractors of job site.

Malicious Prosecution

  • Mediation of malicious prosecution claim against two lawyers for suing elderly passive investors of real estate partnership.

Maritime Law

  • Mediation of claim for injuries by captain of vessel which sank in Pacific Ocean.
  • Mediation of seaman (cook) injury against vessel owner for Jones Act claim and medical benefits.
  • Mediation of seaman injury against vessel owner for Jones Act claim and medical benefits.

Personal Injury

  • Mediation of multi-party construction site accident.
  • Mediation of injuries suffered from propane explosion at home fire pit.

PI Auto

  • Mediation of claims against State of California from Highway Patrol accident.
  • Mediation of claims for injuries in accident with San Diego Sheriff vehicle.
  • Mediation of products liability paraplegic injury to entertainer at Indian casino.

Premises Liability

  • Mediation of dispute between investor and professional financial advisor over investment decisions.

Product Liability

  • Arbitration of rent control dispute by mobile home park owner and City.

Wrongful Death

  • Mediation of wrongful death claim against national medical provider.
  • Mediation of wrongful death medical malpractice claim against hospital over patient care.
  • Mediation of claims by consumers over inability to cash gift cards at major department store.
  • Mediation of malpractice claim against national medical provider involving suicide of patient.

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