Since 1998, Judge Herbert Hoffman has utilized his experience as a judge and trial lawyer to serve as a mediator, arbitrator, and private judge in a wide range of state and federal matters. During his tenure on the Superior Court in San Diego, he was appointed to the Federal Judicial Council, a role he was well suited for, having tried cases throughout the country for the Department of Justice and the U.S. Attorney's Office.

Judge Hoffman has successfully resolved thousands of cases involving real estate, personal injury, professional liability, employment, medical malpractice, class action, 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. He also is frequently selected as a special master or discovery referee in numerous civil matters including the 'coordinated latex glove litigation' and multi-district litigation cases.

The depth of Judge Hoffman's legal, judicial, and ADR experience is immense. He has earned a reputation as a Judge who has encountered just about everything, a straight shooter, and a 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 lawyers concur.

Practice Areas
  • Business/Commercial
  • Employment including Sexual Harassment
  • Insurance Coverage/Bad Faith and All Types of Personal Injury Matters
  • Medical Malpractice
  • Professional Liability
  • Real Estate
Hobbies & Interests

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

Legal Career
  • Neutral, Judicate West (2009-Present)
  • 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)
  • San Diego County Judges Association, Past President (1994-95)
  • California State Federal Judicial Council, Member (1988-96)
  • American Business Trial Lawyers, San Diego Chapter,Board Member Emeritis
  • William B. Enright American Inn of Court, Master
  • Clifford Wallace American Inn of Court, Master
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, 2012, and 2013.
  • 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.
Below is a sampling of the various matters Hon. Herbert B. Hoffman, Ret. presided over on the bench, tried as an attorney, or handled as a neutral.

Banking/Finance

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

Consumer Class Action

  • Mediated bad faith claims against a provider of home health care insurance benefits.
  • Mediated a class action against a debt collection company for unauthorized recording of telephone calls.
  • Mediated a consumer class action against an automobile dealership for illegal telephone recordings.
  • Mediated a class action against a national student loan company.

Contractual

  • Arbitrated a dispute between a coastal city and its insurance carrier over reimbursement of attorney fees and costs in defense of underlying lawsuit.
  • Mediated a business dispute between partners in a swimming pool construction company with offices in several cities.
  • Mediated a dispute between the owner of a MRI machine and hospital leasee over damage to MRI.
  • Mediated a partnership dispute.
  • Mediated a business dispute between partners of a construction company builder of homes.
  • Mediated a dispute between former partners in a construction business.
  • Mediated a dispute between an owner of a major shopping center and management company over necessary repairs.
  • Arbitrated a dispute between a real estate partnership and management company which was removed by majority vote of partnership.
  • Mediated a dispute between a provider of pest control services and a former employee of new competitor service.
  • Mediated a professional malpractice claim by an investor in business using Small Business Administration funds for improper transactions.
  • Mediated a business dispute between two physicians who shared office space over a promised sale of business and sharing of expenses.
  • Mediated a bad faith claim by a meat distribution for denial of coverage of stolen meat in transit.
  • Mediated a case involving an elaborate scheme to defraud a bank using fake representation. The main issue was whether the bank was legally responsible for the officers actions.

Constr. Defect/Real Property

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

Construction Defects

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

Construction Delay Claims

  • Mediated a Jones Act claim by a seaman against a vessel owner.

Discrimination

  • Mediated a racial discrimination claim against an employer.

Sexual Harassment

  • Mediated a highly contested sexual harassment case.

Wage and Hour

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

Wage and Hour Class Action

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

Wrongful Termination

  • Mediated a claim by a medical resident terminated by a hospital.
  • Mediated a multiple-plaintiff sexual harassment claim against a major restaurant chain.
  • Mediated a dispute between a lawyer and former associate who ran outside office.
  • Mediated a wrongful termination case of an employee of a healthcare group.
  • Mediated an employment wrongful termination case of a repair estimator against an automobile dealership.
  • Mediated a wrongful termination of an African-American employee of a ship repair company.
  • Mediated a failure-to-accommodate/wrongful-termination case with disputed ability of plaintiff to ever return to work.

Class Actions

  • Mediated a multi-district litigation in Federal Court over TCPA violations against a major debt collections company.
  • Mediated a Telephone Consumer Protection class action (TCPA) brought against a major telephone provider for unauthorized cell phone collection calls.

Complex Civil Matters

  • Mediated a dispute between a consultant and stem cell research company over a South America investment.

Employment Issues

  • Mediated a major Federal Wage and Hour Misclassification case in the Federal Court in San Diego. The case involved one of the biggest bread product distributors in the U.S. The approximate value of the settlement is in the nine-figure range.

Multi-district Issues

  • Mediated a claim for injuries by the captain of a vessel which sank in the Pacific Ocean.

Trademark Issues

  • Mediated an intellectual property claim by a designer of specialty shoes.

Coverage

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

Dental

  • Mediated a dental malpractice claim.

Medical

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

Legal

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

Breach Of Contract

  • Mediated a real estate transaction dispute involving environmental clean-up issues.
  • Arbitrated adispute over the eviction of tenant by the Transit Board.
  • Mediated a dispute between partners of real estate apartments over partners' percentage interests.

Landlord/Tenant

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

Real Property

  • Mediated a property damage claim against a homeowners association.

Transaction

  • Mediated a complicated real estate fraud and negligence claim involving an oceanfront property valued in eight-figure range. Several parties to the transaction have been convicted and are serving prison sentences. The remaining defendant is an out of state escrow company that handled the sale of the property. The case also had coverage issues raised by the carrier.

Warranty of Habitability

  • Mediated and arbitrated a dispute between the tenants of a mobile home park and owner over services and repairs.

Catastrophic Injury

  • Mediated a case involving a construction site accident against a general contractor and sub-contractors of job site.

General Negligence

  • Mediated aTBI case involving a teenage student against a nonprofit school for medical negligence.

Malicious Prosecution

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

Maritime Law

  • Mediated a case involving a seaman injury against a vessel owner for Jones Act claim and medical benefits.

Personal Injury

  • Mediated a multi-party case involving a construction site accident.
  • Mediated injuries suffered from a propane explosion at a home fire pit.

PI Auto

  • Mediated claims against the state from a Highway Patrol accident.
  • Mediated claims for injuries in an accident with a Sheriff vehicle.
  • Mediated a products liability case of a paraplegic injury to an entertainer at Indian casino.

Premises Liability

  • Mediated a dispute between an investor and professional financial advisor over investment decisions.

Product Liability

  • Arbitrated a rent control dispute by a mobile home park owner and City.

Wrongful Death

  • Mediated a wrongful death claim against a national medical provider.
  • Mediated a wrongful death medical malpractice claim against a hospital over patient care.
  • Mediated claims by consumers over the inability to cash gift cards at a major department store.
  • Mediated a malpractice claim against a national medical provider involving the suicide of a patient.
  • Mediated a very difficult wrongful death case, pre-filing. The plainitff was the daughter of a woman who died in a tragic accident where she was run over by a furniture delivery truck and died at the scene.
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
Always happy with Judge Hoffman’s services. The case was settled due to his experience and negotiating techniques.
- Attorney on an Employment Sexual Harassment Case
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
Judge Hoffman was a pleasure to deal with and he zeroed in on the issues quickly and effectively. We thank him for his efforts.
- Attorney on a Business Commercial Case
Judge Hoffman is always prepared and effective.
- Attorney on a Fair Credit Reporting Act Case
Judge Hoffman did a wonderful job. He is a pleasure to work with.
- Attorney With Over Four Decades of Experience
The matter did not settle, but I appreciated Judge Hoffman's approach and his sense of humor. The case did not settle for lack of effort on his part.
- Attorney on a Business Commercial Case
Each of my colleagues agreed that [he is] one of the most skilled mediators they have met. We appreciate the incredible effort.
- Attorney on an Employment Breach of Contract Case
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Hon. Herbert B. Hoffman, Ret.
Based in San Diego | Available in All of California
Mediation Case Manager: Laura Ashborn
Arbitration/Private Judging Case Manager: Laura Finley
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