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HON. RONALD S. PRAGER, RET.

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HON. RONALD S. PRAGER, RET.

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Available for Mediation, Arbitration, and Private Judging assignments

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Introduction

Judge Ronald Prager retired from the bench after completing 29 years of service. In his final 18 months on the bench, he served as an assigned judge on the Court of Appeal in San Diego and authored seven published opinions in civil cases. Before that, he spent 22 years as a civil independent calendar judge presiding over a broad spectrum of civil cases. Judge Prager became especially well known for handling complex matters, including the statewide coordinated tobacco class actions and the natural gas antitrust cases. Also in this capacity, he managed the calendars of more than 1,000 cases, including all law and motion matters and case management conferences.

Judge Prager's calendar included virtually every type of civil matter from routine personal injury cases to complex environmental and construction defect cases. He is highly regarded for his lawyer-friendly, efficient case management skills. For example, during his tenure and even in the most complex matters, Judge Prager was able to resolve most discovery disputes without formal briefing by consent of the parties.

Judge Prager acted as settlement judge in hundreds of cases, including employment, catastrophic injury, business disputes, partnership dissolutions, and discrimination cases. He routinely settled more than half of the cases in the early phases of trial, most of which had previously been mediated.

Specialties

Experience Summary

Notable cases Judge Prager oversaw as a superior court judge

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Hobbies & Interests

In his spare time, Judge Prager enjoys spending time with his family and especially playing with his grandchildren. He enjoys aerobic exercise while watching sports on television.

Testimonials

Provided real life and potential outcomes at trial.
- Attorney on a Construction Defect Dispute

Judge Prager is a charming, "soft touch" that puts everyone at ease. He has great credentials and has respect for the substantial time he spent on the bench. He understands the value of everyone's time and moved things along at a good pace.
- Attorney on a Warranty of Habitability Dispute

Judge Prager was great at boiling down the issues and explaining his impression of the case. This was particularly helpful given the highly emotional feelings of my client regarding this matter.
- Attorney on a Construction Breach of Contract Dispute

He was very thorough with the facts & considerate of my client.
- Attorney on a Real Property Dispute

Judge Prager went above and beyond the call of duty on this case. He spent a great deal of time before and after continuing to try and help the parties reach a solution. Judge Prager was great.
- Attorney on a Business/Contractual Dispute

He was straight to the point and understood the case perfectly.
- Attorney on a Real Property Dispute

Judge Prager has the touch. He is spots the factual and legal issues, understands the personalities and works with the parties and counsel to resolution. Clients love him. Lawyers love him.
- Attorney on a Real Property, Buy/Sell Dispute

Experience Summary

IN RE TOBACCO I AND II

Served as statewide trial coordination judge for dozens of tobacco related class actions. Approved 26 billion dollar California Master Settlement Agreement (MSA) between big tobacco companies and State of California and other governmental entities. Served as trial judge in Marlboro Light cigarette class actions.

PEOPLE OF THE STATE OF CALIFORNIA V. R.J. RENOLDS TOBACCO COMPANY (RJR)

One of many enforcement actions brought by the California Attorney General under the MSA. Ruled that RJR violated the MSA prohibition against youth advertising.

IN RE NATURAL GAS ANTI-TRUST CASES I, II, III & IV

Served as trial coordination judge in class action pipeline cases alleging violation of California anti-trust laws by manipulation of California natural gas prices during the energy crises.. After several weeks of trial the case settled for over two billion dollars.

NORTH COAST WOMEN'S MEDICAL GROUP, INC. V. SUPERIOR COURT

Ruled that the Unruh Civil Rights Act prohibits physicians from withholding artificial insemination services to a Lesbian Patient.

BERNARDO V. PLANNED PARENTHOOD FEDERATION OF AMERICA

Granted anti-SLAPP motion against plaintiffs who were attempting to prevent Planned Parenthood from providing information that abortion was safe and requiring Planned Parenthood to inform patients that abortion increased the risk of breast cancer.

Legal Career

Mediator, Arbitrator, Private Judge (Present)
Assigned Judge, Court of Appeal (2015-2016)
Judge, Superior Court of San Diego (1989-2015)
Judge, El Cajon Municipal Court (1988-89)
California Deputy Attorney General, including last two years as Chief Attorney, Attorney General's Bureau of Medi-Cal Fraud and Patient Abuse (1981-1988)
Enforcement Attorney, State of California Fair Political Practices Commission (1980-1981)
Legal Counsel, California Fair Political Practices Commission (1979-1980)
San Diego Deputy District Attorney (1970-1979)

Education & Professional Affiliations

Juris Doctor, University of Southern California School of Law (1969)
Bachelor of Arts, Pomona College, Claremont, California
Association of Business Trial Lawyers, executive committee, three multi-year terms.
Advisor Judge to State Bar of California Litigation section, 2004-2014
Master and member of the executive committee, Wallace Inn of Court, 2005-present

Achievements & Awards

Consumer Attorneys of San Diego, Judge of the Year (2016)
Presenter on trial procedure and practice at numerous seminars for lawyers sponsored by the American Bar Association, Association of Business Trial Lawyers, and various Inns of Court.
Co-author of Matthew Bender Practice Guide: California Trial and Post Trial Civil Procedure, Consultant to CEB publication: California Summary Judgment, 2013, 2014, 2015.

Legal Experience

Business/Commercial
Employment
Environmental
Insurance Coverage and Bad Faith
Subrogation
Professional Malpractice
Real Estate
Tort

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

BREACH OF CONTRACT, UNFAIR COMPETITION. Plaintiff franchisee sued new comer defendant franchisee and franchisor claiming that the defendants conspired to drive plaintiff franchise out of business by intentionally impinging on their exclusive territory. Case settled in mediation.
Defendant hotel developer applied for a multi-million dollar construction loan from plaintiff lender, promised to deal exclusively with lender, agreed to $500,000 liquidated damages provision, and then violated the agreement by contracting with another lender. Plaintiff sued for $500,000 liquidated damages. Case settled in mediation.
Plaintiff homeowner had solar panels installed on her roof under a contract with installer whereby she would pay for the system over many years with money saved on her utility bill. The solar installer sold the contract to defendant solar finance company, and the installer went out of business. The defendants finance company fixed recurring problems with the system only after weeklong delays. In mediation plaintiff rejected solar finance company's offers to maintain the system and to continue to sell her electricity at very low rates. Plaintiff finally settled for rescission (removal of the system) and repair of her roof plus a cash award she used to pay her attorney fees.
Class action of self-storage renters who paid a monthly fee to the self-storage company for insurance-like monetary protection against damage to stored property by fire, water, mold, etc. The storage facility did not sell the product as insurance but charged a separate fee in addition to the monthly storage charge. The issue of whether this protection must be sold as insurance is pending before the California Supreme Court. Post mediation, in the near future, regardless of the outcome of the case before the Supreme Court, the self-storage company will sell this product as insurance through licensed insurance personnel and provide some monetary relief to former and current tenants.
Plaintiff sued a financial services company for wrongful foreclosure, claiming violation of automatic bankruptcy stay and various technical violations prohibiting so-called Table Financing. Appeal was pending in the 9th Circuit. Case settled in mediation.
Defendant entered into sale contract for expensive residence but then decided to back out of the deal. He told a hard money lender that the escrow would not close falsely stating that the buyer would not qualify for the loan. He borrowed over a million dollars from hard money lender and then created false trust deeds making his teenage son the beneficiary. Case settled when defendant agreed to go through with sale of the home but take a reduced amount out of remaining equity.

Fraud/Misrepresentation

Plaintiff, wife of former CEO who embezzled over a million dollars from the defendant company, had opened an escrow on the sale of the family residence. Under the terms of the Marital Settlement Agreement, wife was entitled to all proceeds. Just before closing, the company retained an overly aggressive debt collection attorney who improvidently placed a lis pendens on the property. Eventually the debt collection attorney removed the list penance, long after he concluded that it was improper and not before the home buyers cancelled the escrow. Wife was preparing to sue for improper lis pendens and under CCP 128.5 for attorney fees and monetary losses in connection with sale of the house, as well as other smaller claims against the company. Global resolution was reached in mediation.
Plaintiff homeowners purchased a home represented to have been completely remodeled by home flipper contractor-seller. Seller concealed defects and did shoddy work. There were alter ego issues between contractor and his construction company and single entity company he formed for the project. Case settled only after second mediation one year after the first.

Cannabis

Cannabis Industry

Mediated a complicated case between a marijuana dispensary being approved as legal outlet for cannabis by the City and a landlord, who got cold feet and backed out of the lease. The dispensary had invested substantial capital in the new dispensary and sustained significant past economic damage as well as what would have been significant future income from one of the few legal dispensaries in the City. Case did not settle at first. Settlement finally came after over a month of post settlement discussions.

Construction

Construction Breach Of Contract

This construction defect case of a multi-million dollar partial tear down and remodeling of a La Jolla ocean view home. After work had begun, homeowners began to notice problems and hired a construction defect expert who found a plethora of serious problems. General contractor tried to fix, but eventually left the job. Homeowners sued the general contractor and both of them sued five subs. Homeowners hired a new general who did some demolition of expensive siding and finished the job 18 months later. After two weeks of arbitration over several weeks, with at least 10 days of arbitration left, global settlement was reached.

Employment

A D A

Failure to accommodate disability - mail delivery driver with long commute could not sit for more than 3.5 hours because of disability and needed to modify hours, but large company employer would not agree to his proposed schedule and offered him a much later in the day schedule or new job in the mail room. When he declined their offer, he was terminated. Case settled in mediation.

Discrimination

Employment/wage and hour case brought by an undocumented employee who worked two 8 hour shifts per day using two separate employee identities for several years to maximize his income. This arrangement enabled the employer to avoid paying time and a half and double-time pay and essentially allowed plaintiff to work two jobs for the same employer. Back wages and penalties for overtime pay was $60-70k. Defendants claimed that they easily could have hired an additional full time employee and only acceded to plaintiff's scheme to help him maximize his income and that he had unclean hands, which should limit or preclude his recovery. Employee sued both the corporation that employed him and its shareholders, husband and wife defendants, who had always kept the corporation finances separate from their personal assets. Whether the owners could be held personally liable and collectability of a judgment from the corporation, which was no longer in business and had limited assets, was debatable. Case settled in mediation.
Non-profit community organizer employer counseled and disciplined employee for tardiness and unexcused absences. Employee claimed retaliation because the employee had signed letter accusing employer of racism and also because employee refused to support embattled manager of a union sponsor of the employer who was publicly accused of sexual harassment. Employee obtained DFEH right to sue letter. Case settled before filing in Superior Court.
Pre-filing mediation brought by long time employee, who after being fired, alleged various wage and hour violations. If the case was not settled quickly, defendant trucking company faced bankruptcy, and almost 20 employees could have lost their jobs. Early settlement was based on plaintiff's recognition of company's weak finances.
40-year pharmacy employee left her job temporarily for a medical procedure, but when she was ready to return, she was encouraged to extend her leave. She also was informed that her position had been eliminated and that she would have to be retrained. When she finally returned to work, she was placed on a night shift, which she had never worked before. The employer claimed that this was done on a temporary basis to make her retraining easier, but this was not satisfactorily explained to her. Plaintiff quit, claiming constructive termination. Case settled after two mediation sessions and extensive post mediation discussions.
Plaintiff was an hourly non-exempt employee in an elderly care facility who worked some overtime, which was not paid because she was erroneously treated by the employer as exempt for several months. She also claimed wrongful termination, which she contends was prompted by her reports of unsafe patient care practices. The facility claimed that she was not a good employee who came late and left early. Facility put plaintiff on a thirty day performance plan, but fired her after just a few days. Case settled several months post mediation but before expert depositions.
Graphic Designer and Creative Director of a Public Relations firm claimed age discrimination based on remarks made relating to her age and what she perceived as exclusion from social activities of younger employees. The defendants claim that she was fired due to her repeated emotional outbursts and because she did not keep current with latest graphic design technology. Case settled in mediation.
Pre-filing claim of African American woman admissions officer at a college who alleged that her immediate supervisor created hostile work environment by making inappropriate comments about race, sexual orientation, and physical appearance of women employees. Case settled in mediation.
Plaintiff mother of four, who privately met with court family law mediator, claimed that mediator kissed her cheeks and forehead and rubbed her thighs. She ran out of room and reported to court security. Mediator's DNA detected on her face. Mediator denies her allegations. Case settled with court and family law mediator.
Employee for an asphalt paving company, who had sued previous employer for wage and hour violations and had a felony record for assault, claimed that he was injured on the job. He initially reported his injury to his psychiatrist (who has lost his license for pill pushing). The company of about 150 employees had a history of paying for overtime in cash. Also a company employee in an email stated that the company should find a way not to rehire plaintiff if he tried to return to work. The company later refused to accommodate him and fired him. Employee filed a wage and hour PAGA case as well.
Female server at high-end restaurant had flirty relationship with her trainer, but after she passed training she claimed sexual harassment in ongoing interactions with former trainer. When she refused to sign statement requested of all restaurant employees attesting that she had experienced no sexual harassment, she explained the situation to management, and as a result, the restaurant commissioned an attorney to investigate. After the investigation, the harasser was fired, but the server also written up for spreading negative statements about the harasser to co-workers. After firing, the harasser wrote disturbing and threatening emails to server, which led to criminal charges for terrorist threats. Restaurant hired armed guards for restaurant and gave server time off for relocation of her residence. Weeks after mediation, case settled, with further mediator involvement, for an amount in between last demand and offer at mediation.

Wage and Hour

This coordinated statewide employment class action against four health care facilities on behalf of registered and vocational nurses, cooks, and patient attendants for failure to pay for overtime and rest breaks and related violations as well as PAGA claims. Defendant vigorously contested class status as well as statistically based calculations of damages. The case had previously been unsuccessfully mediated several times by two highly respected mediators. The case was resolved this time when both sides accepted the mediator's proposal.
Three-month employee for pipeline company sued under PAGA for meal, rest break and overtime violations. According to company records filled out by supervisors, all employees worked exactly 8 hours most every day and took exactly 30 minutes for lunch. According to plaintiff, employees often worked more than 8 hours a day and were not permitted to take full 30 minutes for lunch. Little discovery had been done. Case settled in mediation.

Wage and Hour Class Action

Employees of a temporary employment agency sued the agency for compensation for previously uncompensated time spent on employment interviews with potential third party employers. The agency contended that prospective employees should never be compensated for job interviews. However in this case, the temps had already signed on as employees of the temp agency, which controlled the interview conditions, such as time of interview and selection of prospective employer. Case did not settle after first mediation, but after extensive followup and a second mediation, the case was fully resolved.
Wage and hour class action case on behalf of all 1200 hourly hospital employees, including health care providers, such as LVNs and RNs, for failure to properly pay overtime and meal and rest breaks. Hospital had good arguments against both class certification and opposing each substantive contention. Twice before the case had been unsuccessfully mediated on a statewide coordinated basis, but this third time was successfully mediated as to the 1200 employees, when both sides accepted the mediator's proposal.
Wage and hour class action and PAGA case filed against operator of three ice cream franchises. There were numerous meal break and rest break allegations, which appeared to have some merit. At mediation operator demonstrated that the businesses were barely making any money. Plaintiff agreed to dismiss class action and PAGA actions in return for a modest individual settlement.
When plaintiff failed to timely request class certification, federal district judge denied certification, turning the case into a PAGA case, which was set for mediation. Parties could not agree on a PAGA settlement, but the case resolved as an individual action, on terms more favorable to plaintiff and his attorneys than a PAGA settlement could have been. District Court Judge had to approve settlement terms because it had been a PAGA case and did approve the settlement.
Putative wage and hour class action for failure to pay electricians for driving time to jobs more than 75 miles away from headquarters. Plaintiffs made no timely attempt to receive overtime. Defendant company contended that the electricians were part of a small unit and knew when they accepted the job they would have to travel anywhere in Southern California in a company car. Also problems with numerosity, commonality, and adequacy of class reps. Case settled in mediation on an individual basis for the two putative class reps.
The underlying case was a coordinated California wage and hour case against a major bank, which settled for several million dollars. Two different factions of attorneys could not agree on fee split. The attorneys who came into the case after several years of litigation contended that they were instrumental in facilitating settlement and had to give up a nationwide class action to participate in the settlement. Failure to resolve would have jeopardized court approval of the settlement. Post mediation discussions finally led to a compromise acceptable to both factions.
Employment class action/PAGA case. Employee of temporary employment agency filed class action for unpaid time for fingerprinting before she began working as a temp at a bank. Court granted motion to compel arbitration of labor code violations, but not the PAGA claims. Plaintiff's actual damages were minimal. Case settled in mediation on an individual basis, not under PAGA, for a significant percentage of substantial attorney fees.

Whistleblower Wrongful Term

Whistleblower employment case. Plaintiff was a caregiver at an assisted living facility who dispensed medications and complained that co-worker was not dispensing meds according to procedures. Instead of disciplining co-worker, supervisor criticized plaintiff, who resigned after receiving promise of employment at sister facility. However, management did not approve plaintiff getting new job, leaving plaintiff unemployed. Plaintiff sued as a whistle-blower. Case settled in mediation.

Wrongful Termination

Plaintiff housekeeper/nanny for wealthy household became pregnant, miscarried but did not return to work. Plaintiff claimed unlawful termination and also alleged wage and hour violations including documented claims for unpaid overtime and other claims for unpaid meal and rest breaks. Defendant admitted unpaid overtime but contested all the other claims. Defendant contended that Plaintiff had told defendants before her miscarriage that she was going to resign in four months to move to another city. Case settled in mediation.
Defendant contractor contracted with franchisee of well known national fast food chain to update the franchisee's restaurant for a low six-figure amount to support 25 year extension of franchise. During the construction, to make modifications required by the contract, defendant contractor had to remove part of roof and patch it pending roof replacement by another contractor. When the roof was not promptly replaced, it leaked and damaged the interior. In addition, inspector for franchiser compiled a punch list of minor repairs, but franchisee kicked contractor off the job before the repairs could be completed. Nevertheless, franchiser extended the franchise for 25 years. Plaintiff's expert opined that cost of repairs were over 7 figures. Case settled.
Plaintiff was a manager at a major manufacturer of video games displayed excellent technical proficiency but lacked management skills and repeatedly failed to respond to counseling to improve his managerial competency. On the day of plaintiff's termination, he refused to carry out his director's orders to terminate two female employees for poor performance. Plaintiff claimed he was fired because he properly was trying to protect the two women subordinates from gender bias. The company claimed that plaintiff himself had previously recommended termination of the women and that regardless they had long planned to fire him for managerial incompetence. Weeks after mediation, with considerable post-mediation mediator involvement, this hard fought case finally settled.
Plaintiff was the director of billing services at a healthcare center who sued for wrongful termination. The Plaintiff, a long time employee who had always received favorable reviews and received regular merit pay increases contended that she was fired in retaliation for raising her concerns about the center's compliance with new federal requirements for more detailed claims for healthcare services. Employer claimed that the director did a poor job of communicating and supervising employees and did not keep regular hours. Case settled in mediation.
Plaintiff, 25-year worldwide organization employee and executive director of local branch resisted central control, criticized procedures for dealing with hazardous materials, and had altercation with another employee responsible for hazardous materials. Plaintiff suspended and fired after an investigation of altercation. Previously plaintiff had received outstanding performance reports. Plaintiff claimed he was a whistleblower regarding hazardous materials policies. Case settled in mediation.

Insurance

Coverage

Defendant purchased a short term health care policy from Insurance Company. In their application over the phone, Defendant's wife did not disclose that her husband suffered from alcohol abuse. Defendant had massive heart attack. During his recovery in the hospital he suffered from delirium tremors caused by alcohol abuse. Although the insurance company originally authorized treatment, it rescinded the policy based on fraud in the application and sued the defendant patient for declaratory relief. By then defendant had received over high six-figures in medical care. Defendant cross complained for breach of contract and bad faith. Case settled on the second day of mediation. Defendant received seven figure settlement from insurance company.

Professional Malpractice

Medical Malpractice

Elderly patient with compromised mental functioning who could not walk safely without falling was not supposed to leave his bed unassisted. Patient's caregiver requested a "sitter" for times she could not be with patient, but the hospital refused. Early one morning, a fire alarm went off, patient left his bed, fell, and broke his arm. Conflicting evidence on whether the alarm, which was supposed to go off if patient left the bed, was turned off by nursing staff. Case settled in mediation.
Defendant health care network urgent care physician failed to diagnose an ectopic pregnancy resulting in loss of fallopian tube. Network failed to quickly arrange for plaintiff to be seen by ob/gyn. Nevertheless, later Plaintiff able to give birth to healthy child. Case settled in mediation.

Professional Malpractice Legal

Pro per plaintiff, an experienced trial lawyer, paid defendant attorney to draft a fraud complaint against his former wife for concealing true value of community property business in his dissolution case that had ended years before. Plaintiff had received new information about his former wife's concealment of business assets from pleadings in a case recently filed against his former wife by her former employee. Plaintiff in pro per used the pleadings drafted by defendant to sue his wife and the former employee for fraudulent concealment but lost the case on an anti-SLAPP motion and had to pay five-figures in attorney fees. Plaintiff claimed defendant lawyer should have warned him of the possibility of an anti-SLAPP motion. After mediation the case settled based on mediator's proposal.
Legal malpractice: A debt collection attorney representing a company that recently discovered its CEO had embezzled over a million dollars learned that the CEO's former residence was pending close of escrow. The company's debt collection attorney suspected fraudulent transfer and prematurely placed a lis pendens on the property, which he ultimately had to be remove, but not before the property fell out of escrow. The company had to pay damages to the sellers of the property and was preparing to sue their lawyer for malpractice when the lawyer agreed to settle post mediation.
Legal malpractice case. Prominent physician and his wife developed a multi-million dollar ranch property they used to try to create a new breed of cattle. They lost significant moneys every year for many years. Eventually, the IRS claimed their tax deductions should not be allowed because the ranch was a hobby, not a profit making endeavor. The paid significant sums for legal representation to defendant law firm after making clear they wanted to settle, not litigate. After four years of little progress on the case, they fired the defendant law firm, and hired another lawyer, who was able to satisfactorily settle with the IRS within one year. They claimed they were seriously overcharged by the defendant law firm, whose conduct they contended fell below the standard of care. Case settled on the eve of arbitration.

Real Estate

Breach Of Contract

Applicants for a license from the City of San Diego to operate a legal marijuana dispensary at a specific location not near schools, parks, etc. sought to lease from defendant landlord. Plaintiffs made full disclosure regarding their plans to operate a legal dispensary. Defendant agreed to fully cooperate to help to get the permit which would only be valid at his property's location. However, as the tedious process was nearing approval, he rescinded the lease, claiming he did not realize the adverse potential impacts to him, including possible liability to the city. Plaintiffs' offer to indemnify him did not change his mind. After weeks of post mediation negotiations, the case settled.

Buy/Sell

Fraud in the sale of a residence. Seller knew of serious defects in the property, including some of which he concealed by cosmetic repairs. Seller's real estate agent failed to disclose extensive paperwork from original acquisition which reflected some of the less serious defects. Seller had almost no assets. Case settled upon acceptance of mediator's proposal.
Defendant real estate agent solicited a friend (plaintiff) to buy raw land based on defendant's supposed special knowledge of a new "Density Bonus Law," which would allow subdividing the raw land into a larger number of parcels than most developers believed possible. Defendant represented that plaintiff could quickly subdivide and flip the undeveloped land to a developer and double his $2 million investment. Defendant also miscalculated development costs. Instead of a quick sale, it took buyer almost ten years to unload the property for $1 million less than he paid for it. Plaintiff sued real estate broker and agent for fraud. Tentative settlement reached at mediation and consummated weeks later because of complications in defendant real estate agent's personal finances.
Plaintiffs purchased an expensive new home adjacent to a sewer easement. Before purchasing the developer represented that problems with sewer odor had been resolved. However, after moving in, sewage smells sometimes became evident. Plaintiffs sued for fraud, concealment and breach of contract. To settle the case, the developer agreed to repurchase the home and pay some damages.
Seller of a La Jolla residence disclosed that there had been remodeling done to the residence before sale without permits but claimed not to know that a load bearing post had been removed. After purchase, seller discovered that the ceiling was failing. Buyer alleged fraud and negligence. Case settled during mediation.

Eminent Domain

Plaintiff owner of three story commercial building, two stories of which were below street level, sued city for dangerous condition of street storm sewer system, which could not handle big rain storms. Owner also sued adjoining apartment complex for contributing to the drainage problem. To resolve the case, the city agreed to million dollar improvement of the storm drains and assign its rights to building owner against neighboring apartment complex.
Inverse condemnation case against City involving storm water channel overgrown with vegetation which overflowed causing damage to plaintiff's home necessitating extensive repairs to the foundation. Settled in mediation subject to City Council approval.

Land Slide

Real property dispute involving landslide in an area between two residences. A leaky PVC pipe feeding a swimming pool at a residence caused soil saturation, which led to a landslide affecting two residences. Each neighbor accused the other of causing the leak and supported its position with reports of geotechnical and civil engineering reports. Experts from both sides were present at the mediation. Each neighbor had made numerous non permitted improvements on their respective residences. Each neighbor was defended by its homeowners insurance carrier. After a full day of mediation, each party settled, one for mid six figures, the other for low six figures.
Two older homes in La Jolla were located on a steep slope, one directly above the other. Under current land use rules, construction on such a steep slope would not be permitted. \ The boundary between the homes was midway down the slope. Years before, the upper homeowner had problems with surface water draining down the slope causing serious erosion but had never properly remedied the situation. The downslope owner failed to maintain retaining walls which should have mitigated erosion. Each owner sued the other and was defended by their respective homeowner insurer. Cost of repair was hundreds of thousands of dollars. Ultimately both insurers paid policy limits to settle the case at a very early stage of litigation.
Upper landowner had a history of causing landslide problems for downhill owners. Even before the latest landslide, upper owner was planning slope repairs. After the most recent landslide, two downhill owners made claims to upper owner, Upper owner's insurer hired a lawyer to look into the problem. Dispute whether insured ever made timely claims to insurance company before paying. Upper landowner paid the lower owners for cleanup and continued significant slope repairs. Until the mediation, insurer believed the slope repairs were on the insured's property, and the insurer also contended all payments by insured were voluntary. Insured lost her house after paying for repairs and was preparing to sue for bad faith. Case settled after extensive post mediation negotiations.

Neighbor Dispute

Uphill neighbor sued downhill neighbor for ocean view obstruction caused by downhill neighbors trees. Downhill allowed the uphill neighbor's gardener to prune on two different occasions, but then refused to respond to further phone calls and letters seeking permission to prune again. Uphill sued. Downhill cross-complained claiming upper exceeded scope of earlier consents, harassed and caused emotional distress. Parties agreed to arbitration, which was decided in favor of uphill because the downhill's tree materially obstructed view of uphill neighbor. Downhills claims of intimidation, harassment and trespass failed.

Property Damage

Plaintiff homeowner suffered water damage covered by homeowner's insurance. Insurer recommended a contractor but failed to disclose that contractor was a former adjuster for insurer. Contractor's work fell below standard of care. Homeowner also alleged that insurer forced return home before remediation was complete. Homeowner sued contractor and flooring subcontractor for negligence and sued the insurer for alleged bad faith. After first unsuccessful mediation, insurer cross complained against contractor for contractual and equitable indemnity. Settled during the second mediation session.
Landslide case settled after second mediation before filing of court case. Homeowners' back yard was steep bank bordered by drainage ditch maintained by developer of adjoining vacant land suffered a landslide after big rain. Homeowner claimed developer built a road and failed to properly maintain drainage ditch. Settlement provided that developer to repair slope and pay attorney fees and costs of homeowner.

Real Property

This case involved claims of intentional fraud and negligent misrepresentations regarding alleged failure to disclose construction defects causing water intrusion in a multi-million dollar apartment complex. Specifically the case dealt with claimed refundability of the deposit in connection with the sale of the complex. Plaintiff buyer contended that the seller committed fraud and negligent misrepresentation by falsely representing that water intrusion problems were relatively insignificant and had been fixed, when in fact there were various construction defects causing substantial ongoing water intrusion problems. Defendant claimed that no untruthful representations were made, but in any event various disclosure documents that plaintiff received accurately reflected extent of the problems. The case did not settle at mediation, but was successfully resolved after numerous post mediation telephonic contacts.
Plaintiff buyer and defendant sellers entered into a contract for the sale of residence and opened escrow. Sellers left the U.S. planning to relocate to Spain, but soon changed their plans and attempted to cancel escrow, belatedly claiming that buyer had failed to submit proof of ability to obtain financing within three days of the signing of contract. Case settled in mediation. Sellers agreed to sell under as originally agreed but were given two months free rent before surrendering possession.
Nasty long dispute going on for years between two neighbors where one neighbor discovered true boundary line which gave that neighbor ownership of most of other neighbor's front yard. After two days of mediation, one neighbor conveyed fee interest in front yard to other neighbor in return for many conditions outlined in complex settlement agreement. Title insurance companies also participated in settlement.
Decedent went into assisted living facility, where he lived alone for several years, while his long time girlfriend remained in house they had occupied, which was owned in joint tenancy. Shortly before his death, he terminated the joint tenancy. Girlfriend claimed undue influence. Case settled at mediation for what a partition of the house and almost equal sharing of proceeds.
Commercial lease dispute regarding exercise of five year early termination provision. Lessor claims that he properly refused to allow implementation of early termination provision because tenant precluded from exercise because tenant subleased and because full payment for exercise not timely. Lessee counters that landlord waived and was equitably estopped from denial of the early termination provision. Parties reached a compromise at mediation to resolve the case.

Warranty of Habitability

Mold case: Tenants of single family residence in La Jolla for over one year began experiencing respiratory problems and discovered mold on walls and on their personal belongings. They immediately moved out. Landlord returned their deposit and refunded their rent for the month. They sued for lodging expenses and damage to personal property. Case settled in mediation.

Tort

Civil Rights

Bar at international hotel chain erroneously charged drink surcharge to two female African American college professors based on false assumption that they were part of a large group of African American women also ordering drinks at cocktail lounge. After the professors objected, they were not allowed to order food without first paying for their drinks. Large hotel chain was tardy in writing letter of apology. Case settled months after original mediation after dozens of communications with both sides.

Common Carrier

Personal Injury Admiralty: 68-year-old female passenger on a large vessel broke her femur. Plaintiff claimed that sudden sharp upturn in the vessel's deck during turbulence caused her femur to snap near the hip joint. Plaintiff was suffering from preexisting pain and numbness in the leg that broke. Defendant contended that the seas were calm, that any movements of the deck were foreseeable, and that the Plaintiff's inattentiveness caused her to fall. Defendant also denied plaintiff's contention that vessel's safety warnings to passengers were inadequate. Case settled in mediation.

General Negligence

Child under a year old who is highly allergic to milk and wheat goes into anaphylactic shock and is taken by terrified parents to hospital, vomiting a white substance. Daycare center denies giving child milk products or wheat. Conflicting expert testimony as to cause of illness. Child recovers after treatment. Case settles in mediation.

Maritime Law

Boatyard owner allowed defendants to moor leaky barge in harbor on condition that barge owner signed a release for ordinary negligence. After many months, barge was repositioned and leaked so badly it almost sunk,. Boatyard owner spent hundreds of thousands of dollars to rescue the barge. Barge owner claimed boatyard was grossly negligent in repositioning the barge. Case settled in mediation.

Personal Injury

Pit-bull not on a leash at a dog beach (where dogs do not have to be on leash) bit an 11-year-old boy who was walking with boogie board and suffered bites on upper thighs. Dog then bit another child who was also at the beach. Case settled at mediation for high five figures.
A woman with a history of falls and significant preexisting back problems who was still being treated for pain, slipped in an area where olive oil had spilled and had been cleaned up. Plaintiff claimed that her condition significantly worsened as a result of the fall. Defendant claimed that plaintiff was not paying attention to the cone placed in the slippery area. Case settled in mediation.
Admiralty case. Shipyard repair worker slipped off a ladder in access trunk and fell 40 feet breaking her ankle and injuring her back. She claimed that improperly installed safety nets contributed to her injury blaming her employer, which she said knew of the dangerous situation, and a sandblasting company whose hoses impinged upon the net. Case settled in mediation.
Elderly woman in Goodwill Store injured by an object which fell off high shelf hitting her head and upper body causing some pain and dizziness. A few months later, still suffering dizziness, she fell and injured her knee. Plaintiff had some pre-existing injuries. Case settled in mediation.

PI Auto

This is a traumatic brain injury case wherein plaintiff walking on a sidewalk was struck by a car driven by a car dealership employee. Plaintiff suffered a closed head injury, a subdural hematoma. Plaintiff also received orthopedic injuries, including a rotator cuff injury and a knee injury. Plaintiff underwent successful shoulder surgery. Medical expenses, lost wages and future lost wages were factors. Plaintiff had suffered trauma in her life, including child abuse and a similar brain injury in a previous auto v. pedestrian accident 10 years prior. Plaintiff testified she had severe ongoing pain, claimed she needed to use a cane to walk, and testified in depo that she had to wear sunglasses in daylight. Defense produced a post-accident sub rosa video showing plaintiff walking briskly without a cane and not wearing sunglasses during the day. The case settled in mediation after a mediator's proposal.
This traumatic brain injury case involved a 20-year-old plaintiff who was running against a red light in a marked crosswalk, attempting to catch a bus. Defendant, a 20-year-old driver of a 2004 Chevy Malibu, was proceeding into the same intersection on a traffic light which had just turned green and did not brake before hitting plaintiff, causing plaintiffs body to fly high in the air and land in the intersection. Plaintiff suffered orthopedic injuries and a traumatic brain injury (t.b.i.), which necessitated his being placed in a 6 day drug induced coma. One eyewitness stated that defendant driver was speeding and inattentive just before impact. This case settled, pre-filing.
Plaintiff, a homeless man and marijuana user with .05 blood alcohol, crossing a busy street mid-bloc while pushing a stroller filled with empty liquor bottles, was struck and seriously injured by defendant's pickup truck. Plaintiff moved erratically immediately before the collision as if trying to outrun the pickup, but driver probably underestimated his speed and culpability. After protracted post-mediation negotiations involving the mediator, the case settled.
Plaintiff, a sixty-year old obstetrics nurse with 30 years nursing experience was hit by a car driven by a ride-share company while crossing a busy intersection with the light. Plaintiff suffered a broken humerus and a knee injury and had two shoulder surgeries and a procedure on her knee. Defendant claimed that plaintiff's knee pain was caused by a pre-existing injury. Plaintiff attempted to return to work but claimed her shoulder and knee pain made it impossible for her to do her job and refused to do alternate desk work. Case did not settle at mediation but eventually resolved after extensive post mediation negotiations.
Auto vs. pedestrian UIM case at or near an unmarked crosswalk. Conflicting expert testimony as to whether driver was at fault for driving too fast under the circumstances or whether pedestrian was responsible for starting to cross without first looking to ensure it was safe to cross the busy street.
Ride share driver was instructed by his fare to quickly get to the right to make a right turn on a busy thoroughfare. The driver made an unsafe lane change into the path of plaintiff's motorcycle, which caused the plaintiff to crash into the car. Plaintiff fractured his arm and pelvis. Residual effects of injury were loss of some use of an arm, some chronic pain in pelvis, and a belated claim of short term memory loss. A subrosa video showed plaintiff vigorously riding stationary bike. Plaintiff made a policy limits demand for the million dollar policy limit, but accepted a settlement for less.
Car in front of plaintiff's car suddenly stopped, and plaintiff could not avoid impact with that car before being hit from behind by defendant's car. Plaintiff had preexisting back problems, but claimed that the impact from the accident greatly exacerbated his symptoms which are now permanent. Defense contended that plaintiff's symptoms following the accident resolved in a few months. Case settled during mediation.
Plaintiff's vehicle was hit by a landscaping truck hauling a trailer at an intersection after truck ran a red light. Plaintiff tried various non-surgical treatments, but eventually had a two level spinal fusion, which was not successful. Now fusion of her entire cervical spine is recommended. She survives on non prescription pain meds during the day, but must take opiates at night and nevertheless sleeps only 3-4 hours. After extensive post mediation negotiations, case settled for multi million dollar policy with excess coverage.
Elderly woman slowly crossing a busy street in a crosswalk, kept on crossing, even when light turned red and was hit by a pizza delivery vehicle. She suffered fractures of clavicle, scapula, humorous, tibia and fibula resulting in 4 nights hospitalization and 17 additional days in skilled nursing facility. At mediation, parties were far apart, but after mediation, continued discussions with both sides led to a mediator's proposal, which was accepted by both sides.
Plaintiff bicyclist riding to work at high speed does not see landscaping truck stopping in bike lane to read meter on side of road. Plaintiff sustains serious injuries but fortunately makes good recovery. Case settles in after extensive post-mediation discussions.
Man in his late sixties and diabetic was walking his bicycle and was hit in the head by hydraulic boom of county vehicle used to mow lawns, spends almost two weeks in the hospital, and has his health condition seriously deteriorate after recovering from head injuries. Case settled in mediation.
40-year-old female pedestrian in marked crosswalk hit by inattentive driver, landed on hood of car, and then ejected when the car stopped. Plaintiff suffered traumatic brain injury was not expected to survive, was in a coma for 7 days and a total of two weeks in the hospital. Residual effects of TBI were loss of her sense of taste and smell, inability to concentrate, anxiety, and poor memory. Case settled in half day mediation.
Plaintiff kneeling on sidewalk, distracted by taking photos, when his foot is run over by a large truck, breaking 7 different bones. Case settles in mediation.
Experienced bicyclist rolled through a stop sign at about 8 MPH and collided with a school bus making a left hand turn. The bicyclist had severe injuries putting him in intensive care for more than a week, followed by three weeks hospitalization in hospital and skilled nursing facilities. Dispute as to degrees of comparative fault. Case settled in mediation.

Premises Liability

Defendant truck driver negligently struck fire hydrant causing a flooding emergency in nearby office building responded to by city fire department. All damages to the building had been paid, except cost of replacement of pipe between fire hydrant and building. City was blamed for shutting down a valve from hydrant to building's water supply, which caused the pipe supplying the building to burst. City denied fault and said the pipe was not properly maintained. Case settled for equal split of cost of repair pipe between negligent driver, city, and building owner.

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