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    JONATHAN A. BRENNER, ESQ.

    • Available in San Diego, All of California
    • Mediation Only
    >> Contact Case Manager >> Submit an Inquiry >> Submit a Case

    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

    Hobbies & Interests

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

    Testimonials

    Jon was instrumental in resolving our case. He provided a sense of trust to my client and carefully pushed both sides towards a settlement.
    - Attorney, San Diego, California

    I had the pleasure having Jon Brenner mediate a recent case. He did an excellent job on a difficult assignment. He promptly got to the point and did not waste time; earned the respect of both sides; and never gave up, persistently pushing to close the case. I will work with him again.
    - Attorney, Manhattan Beach, California

    Mr. Brenner was fantastic in every way. He completely understood the facts and made my clients feel at ease – they loved him!
    - Attorney on an Employment Wrongful Termination Matter

    Jonathan Brenner, as always, was extremely well prepared. He had read the briefs, understood the legal and factual issues, and was ready to roll up his sleeves and dive into resolution efforts.
    - Attorney on a Employment Breach of Contract Dispute

    I greatly appreciate Jon's straightforward approach to handling mediation and being willing to have those "difficult conversations" with both attorney and client alike. I hope that I have the opportunity to work with Jon in the near future.
    - Attorney, Northern 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

    Mediator suggested use of bracketing at a key time in the negotiating process. This helped/assured that my client would achieve an acceptable settlement offer at mediation.
    - Attorney on a Professional Malpractice Dispute

    Tenacious – Fair – Evaluated case properly.
    - Attorney on a personal injury/slip and fall dispute

    Read More

    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.

    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.
    • The instant dispute arises from a partnership dissolution involving three equal shareholders in a legal services company. Two of the shareholders are related and wanted to buy out the third partner. There was a dispute regarding shareholder values. This matter settled in mediation, along with a non-compete agreement and other considerations.

    Fraud/Misrepresentation

    • Mediated settlement of claims that arose over alleged failure to pay all monies owed in a stock buy-out.
    • Claim for professional negligence and misrepresentation against an insurance brokerage firm that provided commercial general liability coverage to a background check agency. The agency was sued after providing background information to a prospective employer that allegedly violated the FCRA. The agency tendered the defense to its insurance carrier and coverage was denied. The agency alleged that representatives from the insurance brokerage firm assured the agency that all such claims would be covered. The brokerage firm disputed liability, citing the fact that one of the principals of the background check agency specifically initialed the exclusion in the applicable policy and was aware of the exclusion. The matter settled for a confidential amount.

    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.
    • Wrongful termination, retaliatory termination case. Plaintiff is a school teacher accused of inappropriate conduct with students.

    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.

    Probate

    Probate

    • The instant case arose out of a dispute between two brothers who were the beneficiaries of their parent's trust. One brother contended that the other brother distributed significant additional funds to himself, breached his fiduciary duty and failed to pay Federal and State taxes. A forensic accounting supported the first brother's contentions that his older brother had taken more than he was entitled to under the trust. The older brother contended that he had voluntarily given his brother more assets and distributions than he was actually entitled to receive. All issues between the parties were resolved at mediation pursuant to a confidential settlement.

    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.
    • This was an action for medical negligence. Plaintiff visited her chiropractor for an adjustment. Her regular chiropractor was with a patient, so plaintiff saw another chiropractor in the office. After the chiropractor performed an upper cervical adjustment, plaintiff immediately had a neck spasm from the atlas to the middle of her thoracic spine, She later began to experience numbness and tingling in two of her fingers. Plaintiff sued the chiropractor who performed the adjustment, as well as the practice and the doctor who owned the practice. The case was resolved at mediation.
    • This claim for medical negligence arose out of a failed double mastectomy performed by defendant doctor. Plaintiff submitted to a double mastectomy to remove two malignant growths in her left breast, thought to be aggressive. Nine months later, plaintiff was forced to submit to a second double mastectomy because defendant doctor failed to remove the growths during the original surgery. The case resolved for an undisclosed amount at mediation.

    Professional Malpractice Legal

    • his case arose out of a claim for attorney's fees and a counter claim for legal malpractice. The lead plaintiff is an attorney who claimed that he was owed a considerable amount in legal fees arising out of his representation of a client who became embroiled in a business dispute. The client filed a claim for legal malpractice and alleged fraud. The client contended that she already paid a substantive amount in attorney's fees and that a large portion of that were costs that the attorney should have known and informed her that the case was unlikely to succeed. The lawyer's malpractice carrier agreed to contribute to the settlement and a global resolution of all claims and counter claims was reached.

    Real Estate

    Breach Of Contract

    • This was a dispute between a horse owner, her parents and their horse trainer. The parents lent the horse owner and her trainer a six-figure amount each to purchase a horse. The relationship between the horse owner and trainer deteriorated. The parents wanted their investment back and their daughter, the horse owner, wanted the horse. The trainer contended that the value of the horse had increased significantly and she was entitled to a large sum of money for her interest in the horse, even though she had not paid any money for it. Ultimately, the parents paid the trainer for her interest in the horse and assumed ownership of the horse. The daughter became the manager for the horse.

    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

    Discrimination

    • Plaintiffs alleged that defendant HOA violated their civil rights guaranteed by the Federal Fair Housing Act and the fair housing laws of California. The HOA published a rule book and posted signs directed at families with children, placing restrictions on children's activities that plaintiffs believe are unlawful. Defendants contended that the rules were enforced as to all tenants, were created to ensure the safety of all residents, were intended to preserve a peaceful environment and avoid damage to property.

    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.
    • Claim for mortuary negligence. Plaintiff alleged that when the remains of her mother were shipped by defendant mortuary to Mexico, the remains were mishandled so that the body was decomposed, discolored and had a foul odor. The case settled for an undisclosed amount.

    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

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