HON. JAMES JACKMAN, RET.

  • Available in Orange County, Southern California
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

With over 45 years of experience as an attorney, judge and private neutral, Judge Jackman continues to serve the legal community as a mediator, arbitrator, and judicially appointed discovery referee and special master. Judge Jackman retired from Orange County Superior Court in July of 2000, including service as Supervising Probate Judge for more than four years. He presided over numerous cases in the areas of business, real estate, construction, premises liability, product liability, mental health, conservatorships, vehicle accidents and professional malpractice as part of his daily occupation.

Judge Jackman's Community Service as an elected Councilman and Mayor of the City of Orange gives him a unique perspective in settling cases involving government entities, homeowners' associations, land use, and zoning matters. He has also been a licensed real estate broker. He is currently serving on the Anaheim Advisory Committee on Electoral Districts.

Judge Jackman has mediated and arbitrated over two thousand interesting, complex and challenging cases in every area of civil litigation. Attorneys agree his knowledge of the law, coupled with an unerring sense of fairness and intuitive sense of people, make him one of the most effective mediators in the industry. He is known not only for his skillful work during the mediation, but his persistence in following up by phone to achieve settlement. Attorneys frequently comment on his creative and innovative solutions to the obstacles of settlement. He is requested for his extensive experience and skill in resolving multi-party, complex cases and his reputation for successfully handling matters with a high emotional content so that by the conclusion of a mediation the participants and parties feel proud and happy that they have achieved a solution together. One trial lawyer stated: "He effectively encourages settlement in such a way that the parties eventually feel that it represents a glorious achievement, rather than a disappointing compromise."

Specialties

Testimonials

There is no doubt in my mind that we would not have been able to reach a settlement without Judge Jackman's assistance. I would gladly recommend him to my colleagues.
- Attorney, Orange County, California

We are appreciative of the extraordinary efforts, displayed by Judge Jackman in facilitating a resolution to a very technically challenging case. My clients were extremely impressed with his knowledge, expertise and candid approach taken to achieve, what they consider to be an excellent result. I have participated in numerous mediations before retired Orange and LA County Probate Judges and I consider Judge Jackman to be among the best.
- Attorney, Mission Viejo, California

I wanted to take this opportunity to thank Judge Jackman for his assistance on a difficult probate case. His knowledge of the case, expertise in the law and professional and respectful demeanor to the parties and counsel were instrumental in reaching a settlement.
- Attorney, Los Angeles County, California

Judge Jackman is very patient. He got to the heart of the matter, and explained consequences effectively to my clients.
- Attorney. Los Angeles, California

Experience Summary

Legal Career

  • Full-time Neutral (2000 - Present)
  • Judge, Superior Court, Orange County (1980-00); Presiding Judge Probate (1989-90 & 1993); Presiding Judge Mental Health (1985, 1986 & 1991)
  • Court of Appeal Appellate Panel, Orange County Superior Court (1992-93)
  • Mayor, City of Orange (1975-76); City Councilman, Orange (1972-76)
  • Private General Civil Law Practice, Orange, Orange County (1967-80)

Education & Professional Affiliations

  • B.A., University of California, Los Angeles (1962)
  • J.D., University of Southern California Law Center, Los Angeles (1966)
  • Member, Executive Board, California Judges Association
  • Chairman of California Judges Association's Retired Judges Conference (2014)
  • Former Member, Executive Committee, Orange County Superior Court
  • Various Court Committee Assignments, including Judicial Rules, Forms & Education
  • Orange County Representative, ELAN Committee of Judicial Council, 3 years
  • Member, Educational Seminars Committee
  • Member, Orange County Jewish Bar Association
  • Presided over Constitutional rights foundation high school mock trials
  • Presided over mock trials of new litigators of the Orange County Bar association
  • Mock trial Judge and presenter for Orangewood to teach children more about legal processes and their rights
  • Past president and past board member and current member of the California Judges Foundation
  • Past president and past member of the Peter M. Elliot Inn of court
  • Recurring Panelist on Religion and the Law at Cal State Fullerton

Achievements & Awards

  • Judge Jackman was faculty at the CJSP Conservatorship, in Probate, Mental Health and Trial Procedure.
  • Lecturer for the Rutter Group in Probate and Conservatorship, as well as Various Bar Associations, Kiwanis, Rotary and other service clubs.
  • Sat as Chair for the Judicial Council, Committee on Conservatorships.

Hobbies & Interests

In his spare time, Judge Jackman enjoys music, woodworking, travel, playing bridge, playing piano, hiking, and spending time with his wife, brothers, children and grandchildren.

Legal Experience

  • Real Estate
  • Employment
  • Personal Injury / Tort
  • Business / Commercial
  • Insurance
  • Probate
  • Professional Malpractice

Representative Case Information

Recent Representative Cases

Business/Commercial

Banking/Finance

  • Alleged "dual tracking" on 1st T.D. foreclosure case. Settled by modifying loan agreement, after three previous attempts by the parties failed.

Complex Commercial

  • Court appointed director for company in order to resolve disputes and protect corporate assets by providing the tie-breaking vote in a 50/50 owned company.
  • Mediated settlement of claims by a consumer against a credit card company for unauthorized charges made by a member of the consumer's family.

Construction

Construction Breach Of Contract

  • Mediated settlement of claims that arose when subcontractor failed to timely complete construction in accordance with the contract and a the contractor and subcontractor both filed a mechanic's lien.

Construction Defects

  • Arbitrated claims that arose from the purchase of a multimillion dollar, high-end home that had excessive dry rot, mold and was not permitted for use of all areas.
  • Mediated settlement of defective construction and breach of contract claims of overcharging for incomplete, deficient and unpermitted work during the remodel of a residence.

Employment

Breach of Contract

  • Drafted opinion and was presiding judge of three neutral panel tribunal that resolved issues of employment law, independent contractor, manufacturing and design, and breach of written multi-year contract involving international business that covered business practices conducted in Asia, Mexico and USA.
  • Mediated settlement of claims against a law firm for compensation that allegedly arose when an attorney's method of compensation was changed from employee to independent contractor.
  • Mediated settlement of claims that arose when a medical pharmaceuticals company terminated an employee's employment and the employee appropriated trade secrets and client lists in retaliation.

Discrimination

  • Mediated settlement of six figure claim for wrongful termination that arose when claimant was terminated after reporting abuse of a convalescent home patient by a nurse.

Hostile Environment

  • Mediated settlement of sexual harassment, wrongful termination and hostile work environment claims that arose when an employee was repeatedly sexually propositioned by his supervisor.

Labor Code

  • Arbitrated million dollar claim for compensation based on a contract between friends composed of oral agreements and informal writings requiring careful attention to testimony and thorough review of copious amounts of written records dating back over twenty years of employment.

Wage and Hour

  • Mediated settlement of claims that arose when an employee resigned and then sued his employer for unpaid commissions and vacation time.

Wrongful Termination

  • Mediated settlement of wrongful termination claims that arose when an employee tried to return back to work after pregnancy leave.
  • Arbitrated settlement of wrongful termination, harassment, hostile work environment and discrimination claims that arose when an employee was called racial slurs on the job, was sent sexual pictures with negative comments attached and was fired with questionable causation.

Insurance

Bad Faith

  • Mediated settlement of claims of insurance bad faith that arose when homeowners made a claim alleging their home had been vandalized , but the policy allegedly lapsed before the damage and claim were made.

Property Damage

  • Mediated settlement of property damage claims that arose when defendant drew a picture on the exterior wall of Plaintiff's million dollar home which necessitated plastering to repair.
  • Mediated settlement of a claim resulting from a fire in a commercial building, where insurance company argued res ipsa loquitur that a fire and damage therefrom was fault of insured and his employees.

Subrogation

  • Mediated settlement of subrogation claims that arose when Defendant's cement mixer chute collided with Plaintiff's insured's electrical transformer.

Intellectual Property

IP Trade Secrets

  • Mediation of multimillion dollar claims arising from the break-up of a law firm involving issues of breach of contract, breach of duty of loyalty, abrogation of trade secrets and client lists.

Probate

Estates/Trusts

  • Mediated settlement of conservatorship claims when wife with stepson and daughter with sibling each filed for conservatorship of an 87 year old man.
  • Mediated multimillion dollar settlement of claims by stepchildren of aging widow when she married a much younger man and began to redistribute her assets in his favor.
  • Mediated settlement of dispute between family members regarding the validity of amendments to living trusts.
  • Mediated settlement of widow's claims for enforcement of a revocable trust against stepdaughter/trustee.
  • Mediated settlement of family trusts where two grandsons inherited unequally from the trusts and a dispute arose about the accounting.

Probate

  • Mediated settlement of grandson's claim to real property promised him by his grandparents, but never reduced to writing, and in contradiction of the carefully designed trust.
  • Discovery referee in trust administration and judgement debtor examination proceedings.
  • Mediated settlement of division of A/B/C trust after death of husband and wife trustors.
  • Mediated settlement of division of assets after death of trustors husband and wife when a family trust was created subsequent to a marital agreement.
  • Mediated settlement of claims of improper accounting and handling of trust assets made by beneficiaries of a family trust.
  • Mediated settlement of claims made by girlfriend of deceased trustor who sought a cash payout for amount allotted her in family trust.
  • Mediated settlement of claims by a beneficiary claiming that his brother influenced his father to give his brother a larger portion of the trust assets, in lieu of dividing them equally between them.
  • Three non relatives fighting over assets of a multi-million dollar trust. Primary issue was validity of deathbed amendment to the trust. All were friends of decedent, but obviously not of each other.

Professional Malpractice

Medical Malpractice

  • Neutral arbitrator in a panel that arbitrated claims against an obstetrician for problems with delivery of a baby and medical record tampering related thereto.
  • Mediated settlement of claims that arose when a medical team treated a man's wrong kidney for a kidney stone.
  • Mediated settlement of medical malpractice and elder abuse claims that arose when a 79 year old female sought care at a hospital and during her stay fell and dislocated her shoulder.
  • Medical Malpractice claim based on failure to timely diagnose and treat necrotizing fasciitis resulting in loss of limb.

Professional Malpractice Legal

  • Mediated settlement of legal malpractice and breach of contract claims arising from the alleged improper drafting of special needs trust documents where plaintiff sought use of the exempt share in addition to the marital share.
  • Mediated settlement of claims for damages that arose during the dissolution of a business partnership when retained attorney defendants failed to complete forms necessary to secure quitclaim deeds.
  • Discovery referee in matter of insurance company suing the litigation firm that represented them in a large matter.

Real Estate

Breach Of Contract

  • Mediated settlement of claims that arose against a landlord and pest control service by tenants of multiple apartments infested by bed bugs.
  • Mediated settlement of breach of contract claims that arose in the lease of a new bakery in landlord's chain of bakeries when tenants alleged landlord had promised to obtain all needed permits.
  • Mediated settlement of claims for Breach of contract, fraud, and negligent misrepresentation seeking rescission and damages resulting from the purchase of a multimillion dollar estate when inadequate disclosures were made about water damage and mold.
  • Mediated settlement of claims arising when a buyer backed out of purchasing a home when the financing could not be arranged at a favorable rate.
  • Mediated settlement of claims between buyer and seller of a residence that arose when buyer's bank failed to timely deposit funds into escrow so that seller cancelled the purchase and buyer refused to release deposited funds as liquidated damages to seller.
  • Arbitrated claims for breach of contract for failure to disclose of water seepage issues and failing to disclose that rooms were unpermitted construction making the house uninhabitable.

Buy/Sell

  • Mediated settlement of multimillion dollar claims arising from dissolution of real estate partnership with allegations of fraud.
  • Mediated settlement of claims against a mobile home park landowner for false statements and interference with resale of Plaintiff's mobile home.
  • Mediated settlement of home buyers' claims against sellers arising from sellers' failing to disclose issues of defective foundation and leaks.
  • Mediated settlement of claims by potential homebuyers who incurred damages when the home they intended to purchase could not be purchased because Defendants did not have clear title.

Home Owners Association

  • Mediated settlement of a claim resulting from Homeowner's Association suit against homeowners for alleged violations of CC& Rs in the process of installing a spa tub.
  • Mediated settlement between Homeowner's Association and home owner regarding responsibility for replacing an exterior balcony.
  • Arbitrated whether a homeowner's renting his multimillion dollar home as a short term vacation rental violated CC&Rs of Homeowners' Association.
  • Mediated settlement of claims arising from lawsuit by homeowners' Association against home owner for violations of CC & Rs relating to landscaping, parking and maintenance of the windows
  • Mediated settlement of claims that arose when one neighbor brought suit against the homeowner's association to require one of his neighbors to cut down palm trees that were obstructing his view.
  • Mediated settlement of claims that arose when Homeowner's association sued a homeowner for excessive short term rentals of his property.
  • Mediated settlement of claims that arose when Homeowner's association sought to require homeowner to update his garage door to comply with new restrictions.
  • Mediated settlement of claims that arose when a member of the board of directors of a Homeowner's association used her position to harass a homeowner.
  • Mediated settlement of claims between homeowners and homeowners association due to alleged rat infestation that caused damage to heating ducts and unreasonable requirements for placement of surveillance cameras on properties.
  • Mediated settlement of claims that arose when a homeowner suffered water intrusion damages from water issues in the common areas maintained by the Homeowner's Association.
  • Mediated settlement of claims made by a homeowner's association against a homeowner for failure to park in his garage.
  • Difficult HOA case involving angry Board vs. a more angry Homeowner who built additional bed and bath, allegedly without prior board authorization per CC&Rs.
  • Home Owners Association Pre-filing settlement of common area water/mold problem requiring repair of both common area and living area of residential condominium.

Landlord/Tenant

  • Mediated settlement of claims for breach of a restaurant lease agreement and conversion of a liquor license.

Property Damage

  • Mediated settlement of breach of fiduciary duty claims against real estate broker who had contracted with homeowners to manage their property while they lived out of state, but hired an unlicensed contractor who failed to make proper repairs causing damages.

Real Property

  • Mediated settlement of claims arising out of homeowner's failure to pay assessments and late charges.
  • Mediated settlement of a commercial tenant's claims against a landlord that his business was disturbed by the presence and actions of another tenant.
  • Mediated claims for alleged nondisclosure of water intrusion and mold in a residential sale.
  • Mediated settlement of claims that arose when a caretaker was promised an inheritance in lieu of payment which was never reduced to writing and not honored by the heirs.
  • Mediated settlement of claims of a retail property owner against the business office park association that arose from disputes over signage.
  • Discovery referee and special master in dissolution of partnership and division of real property assets.
  • This case arises out of a family dispute over real property rights of inheritance where decedent died nearly two decades ago and one heir died several years ago. There were two legal actions, one in probate and one civil action for adverse possession. All matters were settled in this mediation.

Transaction

  • Mediated settlement of a claim against bank and mortgage company for malpractice, breach of contract and breach of fiduciary duty that arose when homeowner entered into a repayment agreement with the bank and the bank and mortgage company foreclosed on the property.

Tort

Catastrophic Injury

  • Mediated settlement of claims arising from motorcycle v school bus collision.

Elder Abuse

  • Mediated settlement of claims that arose when son aided his parents to put his name as a joint tenant on their real property with the intent to deprive his sister of her inheritance.

General Negligence

  • Mediated settlement of claims that arose when a child slipped and feel at school causing her to suffer damage to her permanent teeth and become fearful of eating or play games.
  • Mediated settlement of claims that arose when a child became stuck on play equipment at school and ultimately fell and broke her arm.
  • Mediated settlement of claims that arose when a preschool student's finger was broken when a door closed on it.

Personal Injury

  • Arbitrated claims resulting when a woman was bitten on the nose by a friend's dog.
  • Mediated settlement of claims that arose when a woman received 2nd and 3rd degree burns when fast food coffee spilled into her lap.
  • Mediated settlement of claims that arose when two construction workers of different employers were riding in a "Rhino" and the "Rhino" flipped over causing injuries to Plaintiff.
  • Mediated claims of wrongful death that arose when a man died in a house fire caused by a heater installation company's welding.
  • Mediated settlement of premises liability claims that arose when a boy rode his bicycle on a public sidewalk and his front tire fell into an uncovered pipe.
  • Mediated settlement of complaint in intervention when an employee was run over by a forklift causing injuries.
  • Mediated settlement of complaint in intervention when a trailer truck began pulling away while an employee was still in the trailer and the employee suffered injuries when he had to jump off.

PI Assault and Battery

  • Mediated settlement of assault and battery claims that arose after a Defendant attacked Plaintiff when Plaintiff would not pay him money.
  • Settled, by means of mediation, follow up telephone calls and mediator's proposal, assault claims that arose when a group of men consumed copious amounts of alcohol at a sports bar and a gentleman's club and then fought with security guards.

PI Auto

  • Mediated settlement of hit and run automobile v. bicyclist suit settled for high six figures.
  • Mediated settlement of rear end auto accident that resulted in severe injuries and demand over policy limits.
  • Mediated settlement of six figure claim of 17-year-old minor who continues to suffer from shoulder injury from an automobile v. automobile accident when she was eight years old.
  • Mediated settlement of highly contentious disagreements where the parties were more than a million dollars apart before mediation that arose from a low impact auto v auto collision where the plaintiff had pre-existing conditions.

Premises Liability

  • Mediated settlement of a claim resulting from a school's supply rack collapsing on top of a student and causing serious injuries through extended hours of mediation and follow up phone calls.
  • Mediated settlement of million dollar claim arising out of a slip & fall on coffee in a store resulting in serious injuries to back and neck.
  • Mediated settlement of multimillion dollar claim arising out of injuries from the collapse of commercial equipment left on the back of a truck.
  • Mediated settlement of claims that arose when a visitor to a condominium complex fell partially through a stairway landing due to wood rot.
  • Mediated settlement of claims that arose when a woman tripped on a piece of metal trim sticking up from the sidewalk / pathway leading from a restaurant to a handicapped parking spot.
  • Arbitrated claims that arose when plaintiff allegedly fell in a restaurant.
  • Mediated settlement of claims that arose when plaintiff slipped and fell upon entering a department store on a rainy day.
  • Arbitrated claims that arose when a neighbor failed to keep his dog in his yard, resulting in the dog chasing the neighbor's chickens while she tried to protect them, causing her to fall and suffer damages.
  • Arbitrated claims against a governmental entity that arose when a grandmother stepped into a puddle that was not obvious and visible.

Product Liability

  • Mediated settlement of a consumer's claims allegedly resulting from acute liver failure suffered after ingesting health supplements produced by Defendants.
  • Settlement obtained after mediation, plaintiff's deposition, and follow up phone calls of claims that arose when a baker purchased tempered glass for store front, but the glass was not tempered and broke from its own weight causing injuries and damages.
  • Mediated settlement of claims that arose when a commercial machine for drying yeast defectively allowed the yeast to gather which eventually spontaneously ignited and caused fire with damages to the entire facility.

Wrongful Death

  • Mediated settlement of multimillion dollar claim for wrongful death of a teenager from an automobile v. bicycle accident.

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