JONATHAN A. BRENNER, ESQ.

  • Available in San Diego, All of California
  • Mediation Only

Introduction

Jonathan Brenner, Esq. has over 20 years of experience representing both plaintiffs and defendants in a wide-range of practice areas including, but not limited to: personal injury, employment and business/commercial matters. In 1992, Mr. Brenner started his dispute resolution practice as a member of the San Diego Superior Court's arbitration panel while also conducting settlement conferences. Shortly thereafter, he discovered a true talent and passion for mediation. Soon after, Mr. Brenner became one of San Diego County's most requested neutrals. Clients often comment on his no-nonsense approach and ability to get cases settled expeditiously. One client stated, "Jonathan doesn't waste any time; he's professional, personable and savvy, a true class act." Another client commented, "Jonathan's background as a litigator on both the plaintiff and defendant side is invaluable in getting parties in a mediation to listen and be flexible. Every case that I have mediated with him so far has settled."

Specialties

Testimonials

Jon skillfully handled our mediation. I would recommend him due to his knowledge, experience, ability to empathize and communicate personally.
- Attorney, Los Angeles County, California

Thank you again for the steady hand yesterday. Had we not had such a skilled and experienced employment attorney and mediator my client likely would have acted more on emotion than logic
- Attorney on an employment/discrimination dispute

Thanks for your good–hard work. Going in, with the cast of characters, I did not think it was going to get done.
- Attorney, San Diego, California

We were all amazed how you took the mediation from impasse to settlement in one 10 minute move
- Partner on an employment breach of contract dispute

Experience Summary

Legal Career

  • Full-time Neutral (2006-Present)
  • Managing Partner, Simpson & Brenner, personal injury, insurance, employment, elder abuse, and business litigation, in addition to actively serving as mediator (2002-06)
  • Senior Trial Attorney, Law Offices of Bryce O. Willett, insurance defense (1991-02)
  • Senior Litigation Associate, Borton, Petrini & Conron
  • Associate, Lorber,Grady, Farley & Volk, construction defect, insurance defense, personal injury, business and family law cases (1989-90)
  • Associate, Grace, Neumeyer & Otto, complex product liability and insurance defense cases (1987-89)
  • Private Practitioner, Law Offices of Jonathan A. Brenner, specializing in business law, family law, personal injury and criminal matters (1986-87)
  • San Diego County District Attorney’s Office, Family Support Division (1985-86)

Education & Professional Affiliations

  • J.D., American University, Washington College of Law (1984)
  • B.A., Dickinson College, Cum Laude (1981)
  • Instructor, California State Bar CEB, Preparing for, Taking and Using Depostions (2005, 2008)
  • Instructor, National Business Institute, teaching Trial Practice, Trial Preparation, Advanced Trial Advocacy, and Deposition Strategy
  • Instructor, Lorman Education Services, teaching Litigating Wrongful Death Cases, Successful Mediation Techniques for Litigation Attorneys
  • Member, California Trial Lawyers Associations and CASD (2007-Present)
  • Member, American, California and San Diego Bar Associations (1986-Present)
  • American Inn of Court, Louis M. Welch Chapter (2004)
  • San Diego Inn of Court Instructor, Board of Directors (2000)

Achievements & Awards

  • Mr. Brenner was listed as one of the “Top Attorneys” in the San Diego Daily Transcript in 2005.
  • Additionally, Mr. Brenner has been a guest lecturer at California Western School of Law, University of San Diego, Thomas Jefferson School of Law and for the Forensic Expert Witness Association.

Hobbies & Interests

In his spare time, Mr. Brenner enjoys martial arts, weight lifting and spending time with his family.

Legal Experience

  • Employment
  • Business Commercial
  • Wrongful Death
  • All types of Personal Injury matters

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

  • Mediated settlement of claims that arose when a family business was in the process of being sold and the new management, allegedly, took over, excluded the family, did not grow the business, and did not manage it in accordance with the sales contract.
  • Mediated settlement of claims that when, allegedly, an asphalt paver failed to remove tree roots and debris resulting in an uneven, hazardous surface.
  • Defendant is a debt collection law firm that allegedly recorded telephone conversations with consumers and their attorneys without their knowledge or permission in violation of CA Penal Code Sect.632(a) and common law invasion of privacy and negligence. Case settled in mediation.
  • Mediated and settled invasion of privacy and negligence case in which debt collection firm allegedly recorded customers and attorneys phone calls without knowledge or permission.

Fraud/Misrepresentation

  • Mediated settlement of claims that arose over alleged failure to pay all monies owed in a stock buy-out.

Employment

Hostile Environment

  • Mediated settlement of claims that arose when a manager made disparaging comments to and harassed an allegedly homosexual employee.

Wage and Hour

  • Mediated settlement of claims that arose when an hourly employee was paid at an incorrect rate and not paid overtime hours.

Wrongful Termination

  • Mediated settlement of claims that arose when, allegedly, an employer made over the top sexual jokes, comments and innuendo resulting in an employee feeling sexually harassed and that employee was not given accommodations for a medical condition.
  • This case involved a claim for wrongful termination in violation of public policy brought by a commercial truck driver who alleged that his employer instructed him to turn off the truck's electronic device so that there was no record of his time spent waiting at the border. In addition, plaintiff alleged that his schedule violated the Federal Motor Carrier Safety Administration Hours and Services Rules and that defendant trucking company concealed violations of the FMCSA by falsifying driver logs and editing On-Board Recording Devices.

Insurance

Bad Faith

  • Mediated settlement of bad faith claims that arose when an insurance company refused to pay for the loss of a vehicle because the insureds concealed information about their personal finances during the investigation of the claim.
  • Mediated settlement of claims that arose when a contractor was decorating an amusement park before it opened and an employee started a ride causing it to hit and knock over the contractor's vehicle, causing injuries to the contractor.

Coverage

  • Mediated settlement of subrogation claims that arose when two employees were, allegedly, injured in an auto accident and seemed to be over treated in the Workers' compensation case.

Professional Malpractice

Medical Mal Dental

  • Mediated settlement of dental malpractice claims that arose when a patient suffered long term nerve damage and pain after a tooth extraction, bone graft tooth and new crown were done.
  • Mediated settlement of dental malpractice claims that arose when a oral surgeon extracted three wisdom teeth and caused nerve damage to the patient causing loss of sensation to the tongue.

Medical Malpractice

  • Mediated settlement of medical malpractice claims when an elective outpatient plastic surgery patient was overdosed with anesthetic, causing seizures, cardiac arrest and brain injury.
  • This case involves a claim for medical negligence against a hospital arising out of the acquisition and dispensing of a medication known as Exparel. Plaintiff claims that the use of Exparel during spinal surgery caused him to suffer post-operative numbness and weakness in his lower extremities and long term pain in his hips, back and groin. The case settled against the hospital during mediation.
  • This was a medical malpractice claim arising out of a surgeon's use of the drug Exparel, a subcutaneous liposomal anesthetic, during spinal surgery at defendant hospital. Plaintiff experienced temporary bilateral lower extremity paralysis resulting in permanent weakness and nerve damage with tingling, burning and loss of sensation in both feet, right hip and groin pain, and emotional distress. Mediation resulted in settlement.

Real Estate

Buy/Sell

  • This case arises from a dispute regarding ownership of real property. Plaintiff and defendant were together and purchased a seven figure home in 2014 in La Jolla. Pursuant to their agreement, each side would put a specific amount into escrow. Both parties were put on the title to the property and the loan. The parties split up one year later, in 2015. They wrote out the terms of their separation, which included defendant paying plaintiff a specified amount that plaintiff put into a joint account for mortgage payments. Plaintiff would then give title to the property to defendant and plaintiff would keep a Range Rover and two dogs. Equity of the property has since gone up and plaintiff filed suit demanding half of the equity. Plaintiff also demanded defendant give title to a Range Rover which the parties purchased together. Plaintiff contends that the written agreement signed by the parties is null and void.

Tort

General Negligence

  • Mediated settlement of claims that arose when a student was in in the face with a bat during PE class causing serious injuries.
  • Mediated settlement of claims that arose when a mortuary staff mishandled a body, dropped it and caused bones to break, which resulted in the body appearing malformed at the viewing.
  • Mediated settlement of claims that arose when a child ran into a sliding glass door that was plate glass, not tempered glass, so that large shards cut her face.

Personal Injury

  • Mediated settlement of negligence in hiring claims that arose when an employee assaulted a customer causing serious injuries.
  • Mediated claims that arose when a woman was served extremely hot tea on an airplane and, due to turbulence, the cup spilled causing first and second degree burns on the woman's chest and hands.
  • Mediated claims that arose when an employee on a construction site suffered injury to his shoulder when a high pressure cement hose burst.
  • Mediated settlement of claims that arose when a man who was walking his two dogs was attacked and bitten by a group of large dogs that were off-leash.
  • Mediated settlement of claims that arose when a golf cart crashed into a stop sign causing the passenger to suffer cuts and bruises resulting in an embolism and deep vein thrombosis.
  • Mediated settlement of claims that arose when a woman was sexually assaulted at a party after passing out from drinking and drugs.
  • Mediated settlement of claims that arose when a man, allegedly, slipped and fell down stairs that had been waxed.

PI Assault and Battery

  • Mediated settlement of assault and battery claims that arose when a hotel patron got into a fight outside his room.

PI Auto

  • Mediated claims that arose when a car collided with a SUV in a parking lot.
  • This was a wrongful death case arising out of an automobile accident in which the driver's wife was killed. The decedent left her husband and three adult children.
  • This was a 6-party case arising out of a work place accident. Plaintiff was employed as a yard hostler (spotter) and was in the process of moving a trailer to a dock at cross-defendant's warehouse. The trailer was initially loaded at defendant/cross-complainant/cross-defendant's warehouse facility out of state. The trailer was transported by co-defendant/cross-complainant/cross-defendant to California. Plaintiff opened the door of the trailer and was struck by freight inside the trailer which had shifted during transport. Plaintiff sustained a variety of injuries, including a trimalleolar fracture and distal fibula fracture. The injuries required extensive surgery and became infected, resulting in extensive medical treatment. Plaintiff may lose his left foot as a consequence of the ongoing infection. The case was resolved globally for a significant amount at mediation.

Premises Liability

  • Mediated settlement of claims that arose when a woman left work and found herself locked in a second floor outdoor walkway in the cold rain, and, in an attempt to climb down, she fell and suffered broken bones and torn ligaments in her legs and feet.
  • Mediated settlement of claims that arose when a restaurant patron slipped and fell on a wet, slick floor.
  • Mediated settlement of claims that arose when a grocery store patron slipped and fell on freshly waxed floors.

Product Liability

  • Mediated settlement of claims that arose when a health food store sold a supplement, which the FDA had declared unsafe, to a woman who developed serious side effects, requiring hospitalization.
  • Mediated settlement of claims that arose when a fully extended telescoping ladder slid causing the user to fall and sustain injuries.
  • Mediated settlement of claims that arose when an allegedly defective gate came off its track and fell on a man using the gate.

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