Profile

Justice James Lambden brings to his ADR practice more than four decades of experience as a trial lawyer, trial court judge and Associate Justice of the California Court of Appeal.

Business Trial Lawyer

During his 14 years as a trial lawyer he represented clients throughout the state in cases involving construction, commercial contracts, torts, secured transactions, employment, insurance and real estate. His clients ranged from wind farm start-ups to international corporations such as Merck and Co.

Trial Judge and Civil Procedure Expert

His 7 years as a trial judge included more than 4 years presiding over a master civil law and motion calendar averaging 25 to 30 hearings each day. During this assignment he also briefed the presiding judge weekly regarding the settlement prospects of the cases coming up for trial.

In his other civil assignments he managed the Fast Track calendar and successfully settled dozens of cases scheduled for jury trials; and he tried to verdict many others. He was named Civil Trial Judge of the Year by the Alameda/Contra Costa Trial Lawyers Association before being elevated to the Court of Appeal in 1996.

Appellate Justice, Author and Educator

Justice Lambden authored over 1,000 opinions during his 17 years on the First District Court of Appeal in San Francisco; and he joined in hundreds of other published opinions authored by his colleagues. More than 100 of his opinions resolved important civil issues; and several of those resulted in new law, either by subsequent legislation or as affirmed precedents.

Justice Lambden has been a national leader in developing strategies to improve access to justice. Since 1997 he has been first a founding member, then chairman and now an ex officio member of the California Commission on Access to Justice. He served on the Board of the National Consortium on Racial and Ethnic Fairness. For 9 years he chaired the Access and Fairness Advisory Committee of the California Judicial Council (the constitutional governing body of the California court system). And in 2013 he received the Benjamin Aranda Award in recognition of his life-long work to remove barriers to access to justice.

Throughout his career Justice Lambden has been an author and frequent lecturer on civil procedure and substantive civil law. He has taught on behalf of the California Judges’ Association, the State Bar, CEB (Continuing Education of the Bar) and CJER (California Judicial Education and Research). As an appellate justice he regularly lectured at the Bernard Witkin Judicial College and conducted orientations for new judges on procedural and substantive topics.

He co-authored California Civil Practice, “Procedure” Thomson-West; and he has taught legal writing and trial practice classes at several law schools for many years. However, he is reluctant to reveal in which year he composed a question for the California Bar Exam.

Professional Experience

  • Fourteen years as a trial lawyer, Fitzgerald, Abbott & Beardsley
  • Practiced nationwide in disputes involving insurance, healthcare, probate, construction, commercial contracts, torts, employment and real estate
  • Mediator, arbitrator, referee, appellate consultant and pro tempore judge

Judicial Background

  • Seven years as a trial judge, Superior Court of Alameda County
  • Including four years presiding over the Law and Motion Master Calendar
  • Named ACCTLA “Civil Trial Judge of the Year”
  • Seventeen years on the First District Court of Appeal; author of over 1,000 appellate opinions

Professional Teaching/Educational Activities

  • Author and frequent lecturer on civil procedure and substantive law topics for the California Judges Association, the California State Bar, Local Bar Associations, CELA (California Employment Lawyers Association), CEB (Continuing Education of the Bar, UC Berkeley), and CJER (California Judicial Education and Research).
  • Co-Author, California Civil Practice: Procedure, Westlaw
  • Contributor, California Appellate Practice, Matthew Bender
  • Witkin Lecturer, Bernard Witkin Judicial College, Berkeley
  • State Bar of California Litigation Section programs, including: “Effective Summary Judgment Motion Practice: A Judicial Perspective”
  • Co-author, “Stop Shooting Down Tort Liability, It is Time to Resuscitate the Abnormally Dangerous Activity Doctrine Against Handgun Manufacturers.” Stanford Law and Policy Review, Vol. 12:143 (2001)

Professional Activities/Associations/Affiliations

  • Board of Trustees, University of California Hastings College of the Law
  • Sustaining Distinguished Fellow, International Academy of Mediators
  • California Society of Healthcare Attorneys
  • Board Member, California Dispute Resolution Council
  • International Centre for Dispute Resolution (AAA)
  • Board Member, Voluntary Legal Services Corporation (Access Alameda)
  • Chairman, Access and Fairness Committee, 2003-2012 (Principal standing committee of the Judicial Council)
  • Chairman and Founding Member, California Commission on Access to Justice (California State Bar)
  • Bar Association of San Francisco
  • San Francisco Trial Lawyers Association
  • Alameda/Contra Costa Trial Lawyers Association (ACCTLA)
  • American Bar Association
  • Association of Business Trial Lawyers (ABTL)
  • Hastings Alumni Association; University of California Alumni Association
  • Shriver Pilot Projects Committee (California State Bar)
  • Board Member, National Consortium on Racial and Ethnic Fairness
  • Member Board of Directors, California Judges Association
  • Member Board of Directors, Alameda County Bar Association
  • Executive Chairman, Alameda County Bar Association Foundation
  • Board of Directors, Bay Area Center for Law & the Deaf (BACLAD)
  • Founding Member, Deaf Counseling Advocacy & Referral Agency (DCARA)
  • Founding Member, Tribal Court/State Court Forum

Professional Honors and Awards

  • Honored by Resolution of the Alameda County Bar Foundation for Public Service
  • Bench Bar Coalition “Jurist of the Year” Award for work with the Legislature to increase funding for legal services, 2007
  • Opening Doors to Justice Award, One Justice, 2008
  • Benjamin J. Aranda Access to Justice Award, 2013
  • Bar Association of San Francisco, Barristers Choice Award, 2014

Education, Service & Bar Admission

  • United States Naval Reserve, 1968-1971
  • University of California, Berkeley, B.A., Political Science, magna cum laude
  • University of California College of the Law, San Francisco, J.D.
  • Admitted to California Bar, December 18, 1975

Representative Cases

Appellate

  • Consultation in multi-state appeals of judgment liens (and related bankruptcy cases) involving conflict of laws and full-faith-and-credit constitutional issues.
  • Focus group consultation involving several other justices regarding settlement during appeal of verdict of nearly $100 million.
  • Multiple consultations regarding the drafting of briefs and conception of oral argument strategies.
  • Consulted regarding appeal of order granting preliminary injunction mandating reclassification of employment relationships pursuant to Labor Code Section 2750.3 (AB 5)
  • Administrative Hearing Officer appointed to hear multiple appeals of tax assessments by City against large industrial facility involving special election top enact tax ordinance and constitutional Commerce Clause issues.
  • Administrative Hearing Officer in administrative appeals of disputed municipal tax exceeding $100 million.
  • Consultation at every stage of appeal of judgment in excess of $1 billion, including the decision to file appeal, drafting of briefs and mock arguments in cases and settings.
  • Consultation and ultimate mediation and settlement of issues of duty and foreseeability in appeal of wrongful death regarding verdict that included large punitive damages and issues of first impression.
  • Consulted on briefs in appeal and petition for review of major public policy case involving institutional liability for failure to prevent criminal assault in public setting.
  • Consultation in multi-jurisdiction appeals regarding disputed ownership of $700 million cosmetic company.
  • Consultation regarding briefs and mock argument in appeal of $120 million verdict, including punitive damages, resulting from interlocking commercial real estate transactions.
  • Consultation on appeal of jurisdiction in divorce proceedings involving multi-state marital estate valued at $650 million.
  • Consulted on briefs and writ petition after decision in multi-billion dollar case against international drug manufacturer.
  • Conducted mock argument in appeal of summary adjudication decision in cross-state securities fraud case involving nationally listed stock.
  • Mock argument in appeal of portion of multi-district disputes involving several technology patents and awards by an International Chamber of Commerce Arbitration Panel.
  • Consultation including mediations in numerous personal injury and commercial appeals.
  • An appeal of $7 million whistleblower/wrongful termination verdict against municipal agency.
  • Mediation of appeal of $1.4 million verdict based on gender discrimination, sexual harassment and constructive termination.
  • Mediation of appeal of summary judgment in catastrophic injury case involving statutory immunity defense and $7 million in damages.
  • First impression appeal of verdict involving interaction of Insurance Code sections 2750.5, 3351 and 11590.
  • Evaluation of briefs and mock arguments in appeal of $12 million verdict in medical malpractice case involving high-risk pregnancy resulting death of one twin and permanent brain damage of the other. Issues of first impression included jury’s calculation of reasonable value of lifetime care and application of future benefits.
  • Consultation in brief preparation, mock argument and board of director evaluation of appeal of $1.15 billion remediation award in qui tam toxic substance abatement case.
  • First impression issue of recreational immunity statute was mediated both before and after oral argument in appeal of summary judgment granted in catastrophic personal injury case.
  • Mediation of appeal of verdict against national delivery service for failure to stop manager from texting photos of his penis to coworkers.
  • Mediation on appeal of verdict involving “unsettled” issue of whether unlicensed contractor and workers may be deemed employees for purposes of tort liability and OSHA.
  • Mediation of $6 million verdict in favor of injured firefighter who was not accommodated and made whistleblower charges after returning to work following emergency situation arguably mismanaged by supervisors.

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Business-Commercial / Consumer Contracts

  • Medical practice acquisition dispute.
  • Handled case involving siblings as beneficiaries of a trust including claims of breach of fiduciary duty, undue influence and elder abuse against family member trustee
  • Public Entity Sued Financial Advisors for malpractice in management and design of investments, breadth of contract covenants, and fiduciary duties.
  • Case evaluation on a breach of joint Research & Development agreement dispute after accusation of Intellectual Property for new application. Pre-lit advice provided to Board of Directors.
  • Option to purchase of medical practice failed over disputed terms of lease of office; leading to claims for fraud in inducement to contract, interference with contract, breach of contract, etc.
  • Settled a case for a seven-figure sum in which a doctor alleged unlawful exclusion against a network healthcare provider.
  • Settled a dispute over reinsurance contracts after administrative decision barred aspects of reinsurance program as illegal.
  • Shareholder/manager embezzles corporate funds and other shareholders sued for surrender of shares and damages.
  • Buyout of investment in multiple entities complicated by wrongful claims of construction termination and discrimination.
  • Age discrimination claimed by 64-year-old manager.
  • Public Entity Sued Financial Advisors for malpractice in management and design of investments, breadth of contract covenants, and fiduciary duties.
  • Case evaluation on a breach of joint Research & Development agreement dispute after accusation of Intellectual Property for new application. Pre-lit advice provided to Board of Directors.
  • Option to purchase of medical practice failed over disputed terms of lease of office; leading to claims for fraud in inducement to contract, interference with contract, breach of contract, etc.
  • Six interlocking trusts involved in running family corporation; with dispute among siblings over management, five different suites/petitions settled in series.
  • Breach of stock option agreement in connection with $65 million merger/acquisition arrangement was settled by transfer of portion of proceeds of sale of stock to charitable foundation.
  • Multiple disputes involving contracts and settlement agreements between a successful rock band, former managers and former attorneys.
  • Breach of contract in a leveraged lease of oil field testing equipment. Lessee asserted fraud and violations of securities regulations after the $1 million value of the equipment was reduced by market surplus.
  • Disputed nonjudicial foreclosure proceeding was resolved after allegations including breach of implied covenant of good faith and fair dealing, wrongful foreclosure, breach of contract, fraud, violation of Fair Debt Collection Practice Act, financial elder abuse.
  • Car purchaser sued car dealer, alleging violation of Consumers Legal Remedies Act (CLRA), and other claims, arising from dealer's financing car purchase at higher rate than that which was approved by bank, and then splitting difference with bank. A related case certified a class to pursue claims for violating Unfair Competition Law (UCL) and and for statutory attorney fees.
  • Culturally diverse dispute involving sale of business exporting fresh produce internationally. Issues included covenant not to compete, trade secrets, interference with business relationships, and copyright infringement.
  • Arbitration of an action against CEO for misappropriation of assets and bank fraud, in addition to counterclaims for wrongful termination and labor code violations.
  • Arbitration of claims by national manufacturer against long-term independent sales representatives for breach of fiduciary duties, covenant not to compete, trade secrets, and unfair competition.
  • Dispute involving breach of long-term lease and option to purchase large, high-value commercial properties.
  • Dissolution of partnership in dental practice.
  • Real property dispute over fraudulent intra-family transfer of property to avoid completion of contract for sale of commercial real estate.
  • Dispute over commission claims by dueling brokers involved in lease of large office building.
  • Consultation with shareholders regarding potential claims against other shareholders involved in multi-state mega-construction projects, including tie-breaking vote by interim pro-tem board member.
  • Arbitration of breach of contract claims in excess of $13 million regarding solar energy projects.
  • Commercial lease of medical cannabis dispensary involving option to purchase real property.
  • Mediation of breach of lease dispute where city revoked permit manufacturing facility for edible cannabis products.
  • Partnership dissolution dispute of a practice involving 11 doctors.
  • Partnership dissolution of dental practice involving large inventory of appliances and extensive receivables.
  • $25 million claim for failure of software that faltered during rollout of receivables billing system and threatened survival of large service provider.
  • Arbitration of partnership dissolution involving allegations of breach of fiduciary duties in management and distribution of profits in excess of $10 million.
  • Multi-day mediation of Federal Consumer Credit Protection Act claims in $7 million multi-party property mortgage, sale and 1031 exchange dispute.
  • Arbitration of claims against insurer for failure to indemnify losses resulting from negligent professional services.
  • Pro tem Judge hearing inter-jurisdictional dispute of claims brought by casino for defective software gaming system.
  • Claims of breach of fiduciary duties in management of interlocking start-up corporations leading to dissolution and valuation of intellectual property.
  • Claims against title insurance company for following escrow instruction release funds to business partner under circumstances where management responsibilities were disputed by another partner.
  • Partnership dispute involving ownership of rights to permit to operate cannabis dispensary.

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Cannabis Disputes

  • Dispute between tribes over failed casino venture converted to cannabis business on sovereign reservation land.
  • Multistate lawsuits and arbitrations resulted from parties’ failed efforts to fund $30m vertically integrated seed-to-dispensary company with farms, processing, and sales (including industrial hemp/CBD) located in several states. Interlocking surety agreements, loans, and allegations of fraudulent misappropriation of loan proceeds prevented early resolution but informed ongoing efforts to reach a global settlement through piecemeal resolution of pending litigation.
  • Agricultural neighbors agreed to a joint venture to form corporation to exploit unused warehouse for indoor cultivation with county permit. Project collapsed upon theft of product with allegations that one party was responsible and had also engaged in illegal dumping and damage to real property.
  • Former felons partnered in indoor cultivation and accused each other of burglary and sale of product out-of-state. Resolution by a “walk-away” agreement.
  • Two partnerships agreed to open a dispensary in a location with prime development potential and executed a lease with an option to purchase. Litigation ensued, including an unlawful detainer action by the lessor and a three-way dispute over which entity was the master tenant with the right to purchase and exploit the planned residential development. The litigation jeopardized the option agreement as well as dispensary’s permit, which had been issued by the city in anticipation of the residential development. Early resolution by mediation saved the project.
  • Landlord attempted to rescind the lease of property formerly operated as a restaurant and converted for manufacture of wholesale edible cannabis products. Issues included state health and safety regulations pertaining to food manufacture and the city’s permit policy pertaining to non-retail cannabis locations. Mediation resulted in modification of the lease and clarification of the city’s policies.
  • A joint venture by a numerous individuals and partnership entities to operate a dispensary devolved into dueling lawsuits over the percentages of various interests claimed by the parties. Attempts to obtain injunctive relief threatened to disturb the revenue generated by continued operation. Through mediation the parties recognized the folly of the asserted ownership interests that totaled more than 100% and compromised to reach a resolution.
  • Access to parking was an issue in a dense urban location where the dispensary’s operations were disrupted by the landlord’s construction project to expand an adjoining business. Each side threatened injunctive action. Peace was achieved through a mediated agreement for the parties to share construction expenses in order to also expand the dispensary’s parking area as part of the project.

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Class Actions

  • Wage and hour claims against cannabis dispensary.
  • Mediation of class action by health care providers deprived of license certification by mistake of certifying organization and state university.
  • Class action of detainee’s recharges for GPS monitoring services. Cal B & P code 17200.
  • Class action - wage and hour misclassification of employees as independent contracted.
  • Settled a class action for reimbursement of expenses of personal use of cell phone on the job.
  • Class action for meals and rest break violations; potential case of 2100 employees in the restaurant chain.
  • Class action of detainees recharges for GPS monitoring services. Cal B & P code 17200.
  • Multi-week mediation of class action against national hotel chain based on extensive accessibility problems in several locations.
  • Multi-week mediation of class action involving accessibility claims against national operator of vending machines.
  • Numerous class actions and PAGA claims based on wage and hour violations in settings including retail sales, automotive repair and sales, outside sales, restaurants, and personal services.
  • Class action against national chain of fitness clubs regarding access for disabled patrons.
  • Panel arbitration of claim for $18 million attorney fees, costs and multiplier after settlement of shareholder claims of mismanagement and self-dealing by board of directors.
  • Multi-day resolution of issues involving notice, subclasses, cap-on-claims, and total fund after former mediator’s settlement proposal was rejected by the Court.

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Consumer Credit

  • Arbitration of California Consumers Legal Remedies Act (“CLRA”) claims in numerous used automobile purchase disputes.

Construction & Land Use

  • Construction contract dispute involving $100 million in design defect and professional negligence claims relating to construction of operating rooms at University Hospital was successfully mediated prior to scheduled seven-week trial.
  • Disputed claims regarding Construction of corporate headquarters resulted in 185 day arbitration involving allegations of changes of scope of work, suspension of performance and consolidation hundreds of subcontractor claims.
  • Construction dispute involving custom computer room in top secret Navy facility. Contractor refused to pay for specially manufactured access panels required by design.
  • Construction defect dispute between county and property owner over design of a split level building and whether sprinkler system was adequate under state building code for a "high-rise" structure.
  • Insured general contractor’s successor-in-interest disputed liability insurer's refusal to pay expenses incurred in resolving a third-party portion of multi-party construction litigation.
  • School district brought action against construction management contractors and project architects, relating to cost overruns for school project, and architects brought cross-complaint against managers for indemnification and negligence.
  • School district brought action against construction management contractors and project architects relating to cost overruns for school project. Architects brought cross-complaint against managers for indemnification and negligence.
  • Claims arising from major landscape, remodel, and seismic upgrade of hillside homes.
  • Claims between owners, contractors and professionals arising from oceanfront construction that impinged on protected land.
  • Multi-million dollar claims that tree removal on upslope lot resulted in destabilized hillside threatening destruction of downslope home.
  • Claimed abandonment of driveway easement in the elaborate garden between two mansions.
  • Nuisance and easement suit brought by HOA against last family farm in a rapidly gentrifying area.
  • Weeklong arbitration of dispute $1 million over failure to design and install emergency generator system for hospital.

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Disability & Discrimination

  • Discrimination claims against school district based on failure to adequately respond to bullying and name-calling of minority students.
  • Class action against national hotel chain based on extensive accessibility problems in numerous locations.
  • Class action involving accessibility claims against national operator of vending machines.
  • Wrongful termination claims of 55-year-old long-term employee who was fired from a bank and replaced by a younger employee based on technical violation of rules not regularly enforced.
  • Numerous claims for wrongful termination based on hostile work environment, whistleblowing, gender, and sexual orientation.
  • Access class action brought by disabled students against community college district.
  • Class action claims by blind restaurant patrons against restaurant chain.
  • Mediation of ADA claims against fitness/health clubs, retail stores, and restaurants.
  • ADA claims involving national hotel reservation system and local hotels with inadequate accessible rooms.
  • Due process appeals of administrative decisions regarding alleged failure of school districts to provide Individualized Education Programs (IEPs) to qualified students.
  • Mediation of injunctive, damage and fee issues in ADA case involving fitness center and amputee.
  • Multi-day mediation of discrimination claims by graduate student with learning disability brought against university.
  • Mediation of ADA claims against hotel chain regarding internet and telephonic reservation system, adequacy of wheelchair access and code violations.
  • Dispute involving ADA claims by disabled patient against county hospital for difficulty faced in navigating phone system and access to appointments.
  • Discrimination claims by hearing-impaired attendee at live concert who requested closed-captioning accommodations.
  • Claims for injunctive relief, damages and attorney fees in ADA case involving access to community college classrooms by students using wheelchairs.

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Discovery Reference

  • Discovery referee in multi-year legal malpractice case involving numerous home-owner association construction defect claims.
  • Discovery referee in conservatorship and public guardian cases.

Employment

  • Arbitration of peer review of physician by hospital.
  • Dispute over application of Gov. Code section 12952 (a) "Fair Chance Act".
  • Arbitration of multiple consolidated claims of misclassification of employees by national delivery services corporations.
  • Mediation of age discrimination and failure-to-accommodate claims by terminated long time hotel manager.
  • Mediation of discrimination claims by suspended professor against of state university.
  • Mediation of whistle-blower claims of retaliation regarding OSHA and Labor Code violations, and including prohibited modifications of punch-press safeguards.
  • Age discrimination claimed by 64-year-old manager.
  • Settled a mediation involving wage and hour violations, as well as wrongful termination in violation of public policy.
  • Plaintiff claimed bonus on work done under earlier bonus program that defendant claimed was superseded. Dispute led to alleged wrongful termination and retaliation claims.
  • Settled a disability discrimination claim by employee fired during treatment for work related injuries.
  • Employee claimed wrongful termination after DUI conviction, claiming discrimination. Treatment because other employees similarly situated were not terminated, FEHA violations and defamation also claimed
  • Settled a case involving sexual harassment claims arising from a single woman managing an all-male crew.
  • Handled a case involving failure to pay commission to sales representative after termination of employment.
  • Handled a case involving claims of gender, age, ethnic discrimination, and failure to accommodate disability that were made after constructive termination of a project manager.
  • Handled a case in which a manager filed a lawsuit claiming duress after executing a separation agreement with provision for release of all claims and collecting severance pay.
  • Handled a case in which attendants at a nursing facility complained of retaliation after pointing that patients were not receiving sufficient care under health and safety code, and that their action was protected "whistleblowing" under Labor Code 1102.5.
  • The claimant was terminated as part of a reduction in force, and brought claims for age and pregnancy discrimination, as well as failure to accommodate.
  • Settled a Wage and hour claims together with failure to accommodate work restrictions for $28,500.00
  • Mediated a sexual assault and hostile work environment with a FEHA claim matter.
  • Settled a case with a claim of abandonment of job characterized as workforce termination. Wage and hour claims asserted for missed breaks.
  • Claims for failure to follow San Francisco "formula retail employee rights ordinances" (FRERO) and for sexual harassment
  • 13-year employee, aged 66 and laid off after injury on the job; claimed age + disability discrimination
  • Claims for predictability schedule pay under san Francisco's FRERO ordinance.
  • Wage & Hour, age discrimination and failure to accommodate.
  • Teacher at private school terminated for disputed cause - claimed breach of employment contract, age discrimination and defamation.
  • Fifteen-year employee claimed termination based on age and disabilities, also failure to pay overtime, travel time, wage statement inaccuracies and failure to pay reimbursements.
  • Attempted rape and harassment by supervisor of young employer.
  • Settled a wrongful termination matter that was based on a disability and wage and hour statutory claims.
  • Settled a high end six figure matter where there were allegations of after-hours assault by supervisor to the plaintiff and the work atmosphere was very hostile.
  • Mediated a matter involving a catastrophic amputation involving a third-party claim and W.C.A.B. claims subject to labor code 4558 exception with appeal following grant of summary judgement based on special employment relationship and workers compensation jurisdiction.
  • Plaintiff sued employer, claiming wrongful termination for violation of company phone policy. Plaintiff also claimed wage itemization and meal break violations by employer. Case settled for $125,000.
  • Misclassification of Employee who came on H1 Visa; Trial court mistook H1B1 Visa as form of employment contract; reversed by court of appeals and retried.
  • Hourly worker laid off at age 42 after 25 years as a painter claims age discrimination. Also claims interrupted meal breaks, lack of extra rest breaks for longer shifts, incorrect wage statements, waiting time, etc.
  • Settled a case where the plaintiff was terminated after receiving a cancer diagnosis with any interactive process based on premature conclusion that no accommodation was possible.
  • Professor forced to retire after being disciplined for sexual harassment alleged that punishment was harsher than other cases as the result of ethnic discrimination.
  • Attempted rape and harassment by supervisor of young employer.
  • Class action for meals and rest break violations; Potential case of 2100 employees in the restaurant chain.
  • Wage & Hour, age discrimination and failure to accommodate.
  • Teacher at private school terminated for disputed cause - claimed breach of employment contract, age discrimination and defamation.
  • Claims for injunctive relief and damages under FEHA and Unruh Act by five disabled tenants arising from broken elevator.
  • Plaintiff sued employer, claiming wrongful termination for violation of company phone policy. Plaintiff also claimed wage itemization and meal break violations by employer. Case settled for $125,000
  • Misclassification of Employee who came on H1 Visa; Trial court mistook H1B1 Visa as form of employment contract; reversed by court of appeals and retried.
  • Hourly worker laid off at age 42 after 25 years as a painter claims age discrimination. Also claims interrupted meal breaks, lack of extra rest breaks for longer shifts, incorrect wage statements, waiting time, etc.
  • Physician contested termination and contended that the administrative peer review hearing process by hospital administration resulting in findings that he should no longer treat patients violated his due process rights and was not supported by substantial evidence.
  • Physician challenged hospital board's decision to condition her reappointment to medical staff on having a consultant available prior to admitting any patient.
  • Class action brought by newspaper carriers and distributors against newspaper entities for wage and hour violations, alleging they were required to work as independent contractors even though they were actually employees
  • A class action brought against employer, alleging nonpayment of overtime wages, meal and rest period violations, and other violations.
  • Casino dealers class action against casino claimed violations of the Labor Code and conversion arising out of the collection and distribution of dealers’ tip money.
  • Former employee sued his employer, his employer's subsidiary, and a plant manager, claiming unlawful termination in violation of public policy, defamation and misrepresentation concerning other employment, and his wife sued the same
  • Hundreds of retirement plan members sought inclusion of cash premiums they contended should not have been excluded from calculation of their final compensation.
  • Numerous cases and claims based on statutory wage and hour violations in settings including retail sales, automotive repair and sales, outside sales, restaurants, janitorial services, and healthcare services.
  • Claims against major retailer for wrongful termination based on plaintiff’s alleged theft of personal property owned by another employee who aspired to replace plaintiff.
  • Wrongful termination claim brought by a 55-year-old long-term employee who was fired and replaced by a younger employee based on technical violation of rules not regularly enforced.
  • Wrongful termination claims by utility worker based on termination after alerting employer of unsafe practices.
  • Arbitration of hostile workplace cases and constructive termination, including alleged mistreatment because of race, ethnicity, age, gender, and sexual orientation.
  • Arbitration of discrimination claims in firing of executive level employee at online social media headquarters.
  • Arbitration of racial and sexual orientation discrimination claims in constructive termination of employee at chain restaurant.
  • Claims against insurance adjuster firm for gender discrimination based on pregnancy, harassment-hostile work environment and retaliation.
  • Whistle-blower, wrongful termination and retaliation claims against amusement park involving dangerous deferred maintenance and mistreatment of animals.
  • Claims by research scientist that hostile work environment was intentionally created by his assignment to perform tasks involving inappropriate manual labor.
  • $4 million resolution of claims for discrimination and wrongful termination by professional woman who was pushed out of her job after returning to work following accident and a life-threatening injury.
  • Multi-day mediation of claims by a lifelong employee of professional association who found her job essentially eliminated by new executive director who transferred resources to younger staff.
  • Mediation of discrimination claims against car dealership for failure to accommodate illness.
  • Post-verdict settlement of claims of gender discrimination and hostile environment/constructive termination arising from employee posting sexually explicit photos and texts.

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Fee Dispute

  • Claim for attorneys fees and cross-claim.

Health Care

  • Mock arbitration heard over three days to prepare for hearing of $250,000,000 dispute over calculation of charges for medical services.
  • Hearing officer in judicial review hearings of Medical Executive Committee proceedings to revoke hospital privileges and implicating licensing.
  • Mediation of consent decree involving multiple enforcement entities suing to enforce healthcare regulations across the state in assisted living and skilled nursing facilities.
  • Mediations and arbitrations of multiple Payer/Provider disputes involving shifting entities and affiliations, capitation agreements, HIPAA violations pertaining to electronically stored information, and breaches of contract.
  • Arbitration of commercial disputes involving affiliated unions and healthcare workers at multiple hospitals statewide.
  • Mediation and arbitration of fee-for-service disputes under contracts for reimbursement for services provided to patients who are members of health plans.
  • Arbitration of multi-million-dollar claims by national provider of services based on refusal of health plans to reimburse for certain categories of test procedures involving thousands of patients.
  • Claims based on wrongful termination, retaliation, and whistleblower statutes by doctors employed by hospitals.
  • Chairman in panel arbitration of $60 million dispute between national healthcare insurance company and provider of laboratory testing−involving claims of over-billing and fraud−in the context of thousands of patients and hundreds of treatment facilities.
  • $19 million settlement of a dispute between stand-alone, non-profit community hospital and contractor for automated billing and records system. Issues involved receivable collections, Medicare, PHI, HIPAA, etc.
  • $5 million dispute between partners in construction and operation of MRI facility adjacent to hospital.
  • Claims against malpractice insurer for failure to indemnify losses from professional negligence in operation of hospital facilities.
  • Panel arbitration of claims potentially exceeding $10 billion against Board of Directors of manufacturer of robotic laparoscopic devices for lost equity resulting from failure to follow regulations and procedures pertaining to notice of defects as well as injuries resulting from failure to provide instructions for proper use of devices.
  • Multi-day mediation of dissolution of partnership of ten anesthesiologists.

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Insurance

  • Multiday mediation of multi-million-dollar subrogation claims in nationwide food product recall was successfully concluded during a break mid-arbitration.
  • Mediation of international subrogation claims culminated in acceptance of mediator’s proposal of more than $100 million.
  • Appointed Umpire in multiple Appraisal Arbitrations under provisions of California Insurance Code Section 2071, including water damage and claims arising from the wildfires in the wine country and Central Valley.
  • Settled an insurance matter where there were bad faith claims based on inspection and payment of adjusted claim.
  • An explosion and fire in an East-Asian industrial facility resulted in damage claims exceeding $150 million against and among operators, subcontractors, insurers and re-insurers. Five days of in-person and online mediation sessions over a period of six months, spanning 12 time zones and involving dozens of participants, resulted in a global settlement.
  • Subordination claim by landlord’s insurer against graduate student who caused fire while performing work at home related to teaching assistant duties.

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Insurance Code §2071 Appraisal Arbitrations

  • Appointed Umpire in multiple Appraisal Arbitrations under provisions of California Insurance Code Section 2071, including water damage and claims arising from the wildfires in the wine country and Central Valley.
  • Justice Lambden was the author of Devonwood Condominium Owners Assoc. v. Farmers Insurance Exchange (2008) 162 Cal. App. 4th 1408.
  • Devonwood was applied in an award based on the insurer’s argument that although the damage was undisputed the cause of the water damage could have been from a source not covered by the policy.
  • Lee v. California Capital Ins. (237 Cal. App. 4th 1154) was applied conjunction with Devonwood in cases where the disputed scope of damage by fire/water included items argued not to have been damaged.
  • Devonwood was applied in awards where parties disputed the coverage of alternative living expenses.

    Landlord/Tenant

    • Claims for injunctive relief and damages under FEHA and Unruh Act by five disabled tenants arising from broken elevator.

    Medical Malpractice

    • Claim of non-economic damages and infertility in ER misdiagnosis of ovarian cyst in pubescent girl.
    • Claim of perforated eardrum resulting from routine examination.
    • Claims of malpractice and elder abuse by survivor of patient who died prematurely after suffering broken bones while being treated in hospital.

    Personal Injury/Torts

    • Multiple claimants involved in catastrophic automobile accident with underinsured defendants. Parties agreed to attempt to agree on apportionment of available insurance coverage with mediator to make binding apportionment in absence of agreement.
    • A 68 year-old woman suffered a fractured hip when she tripped and fell in a shopping mall parking lot.
    • Mediation of injuries sustained in fall parking lot with pervasive hazardous condition of water leakage.
    • Mediation of injuries sustained in falls, dog-bites and bicycle-car encounters .
    • Mediation of strict-liability product defect claims following catastrophic injuries, including TBI, suffered by child after failure of handle on baby buggy.
    • Mediation of claims by student against school districts for injuries sustained in classroom falls, failures to supervise, negligent hiring and discrimination.
    • Disabled student injured by non-ADA compliant door and persistent failures to correct barriers to access.
    • Woman injured on both knees visiting "Haunted House" ran by volunteers. Claims of battery, negligence, etc.
    • Sexual assault by BNB Host negligence, breach of fiduciary duty.
    • Assault of guest by host arranged online via app
    • Claim of negligent supervision of kindergarten student leading to sexual molestation of student by another student.
    • Disabled student injured by non-ADA compliant door and persistent failures to correct barriers to access.
    • Woman injured on both knees visiting "Haunted House" ran by volunteers. Claims of battery, negligence, etc.
    • Sexual assault by BNB Host negligence, breach of fiduciary duty.
    • Assault of guest by host arranged online via app.
    • Dispute in which sovereign design immunity was asserted as defense to action against transportation district to recover compensatory damages for catastrophic injuries sustained when their vehicle was struck head-on by a vehicle which crossed into oncoming traffic.
    • A design defect dispute involving defense of sovereign immunity from liability for injuries sustained in a catastrophic head-on collision after median strip berm failed to deflect crossover of opposing traffic.
    • Products liability action against an equipment manufacturer for damages suffered by husband as a result of toxic exposure during his years of employment.
    • Foreseeability was at issue when security company and stadium contributed to compensation for injuries suffered by young women injured when a group of men illegally entered through exit doors of stadium.
    • Action was brought against engineering and contracting firm to recover damages for wrongful death of steel worker.
    • $4 million settlement of catastrophic injury case involving commercial SUV versus pedestrian with pre-existing conditions who sustained injuries including crushed pelvis, TBI, PTSD, 30 day induced coma, etc.
    • Wrongful death action involving bicyclist run over by elderly driver.
    • TBI and comparative fault issues in settlement of bicycle versus automobile collision on curving mountain road.
    • $7.5 million damages claimed by woman trampled by runaway horse during “pioneer” reenactment celebration.
    • Claims against motel chain by woman who suffered TBI and disfiguring facial injuries in trip and fall incident in parking lot.

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    Probate, Estate & Trusts

    • Mediation of will contest by relatives over bequest by reclusive decedent to an animal rights organization operated by state university
    • Six interlocking trusts involved in running family corporation; with dispute among siblings over management, five different suites/petitions settled in series.
    • Settled a high end six figure matter where there was a petition, Will contest, and claims of elder abuse after change of trust terms by elder.
    • Claim for attorney fees for non-trustee services paid to trustee in surcharge action.
    • Claim of elder abuse by family friend who added purchase option (at below market price) to purported lease agreement and then influenced elder to consummate sale.
    • Administrator failed to close estate and continued to live in estate-owned house rent free, leading to surcharge petition and agreement for sale of real estate and division of proceeds with advisement of distribution.
    • Settled a claim against trustee by beneficiaries alleging mismanagement self-dealing and failure to account for over six figures.
    • Handled a case in which there was a petition against successor trustees for failure to pay dividends to the surviving spouse of the beneficiary.
    • Settled a will contest involving a late discovered holographic will.
    • Claim for attorney fees for non-trustee services paid to trustee in surcharge action.
    • Claim of elder abuse by family friend who added purchase option (at below market price) to purported lease agreement and then influenced elder to consummate sale.
    • Administrator failed to close estate and continued to live in estate owned house rent free, leading to surcharge petition and agreement for sale of real estate and division of proceeds with advisement of distribution.
    • Delayed construction of a million-dollar home. Issues involved permitting and non-disclosure with the threatened rescission.
    • Claims by community charities and foundations were mediated after bankruptcy and disbanding of community symphony orchestra. Distribution of endowment funds by a bankrupt charitable organization remains unusual and this case was one of the first to compromise claims in recognition of the original donors' intentions. Charities received $300,000 to support a youth orchestra and education program.
    • Will contest by residual beneficiaries of earlier will after decedent's gardener procured new will shortly before death.
    • Interlocking estates of deceased spouses included such extensive real estate holdings and confusing conveyances that the estates remained open for years until the various claims were settled.
    • Disputes over a large medical office placed in receivership at the request of creditor banks, and involving hundreds of unsecured creditors and accounts receivable, as well as insurance fraud investigations by state and federal authorities.
    • An action against the administrator of estate of a deceased former partner for breach of partnership dissolution agreement and rescission of the dissolution agreement.
    • Probate contested over the question of whether domestic partner could claim an omitted spouse’s interest in deceased partner’s estate and whether their prior domestic partnership agreement remained valid after same-sex marriage was permitted.
    • Following dissolution of marriage by English court, former husband sued wife and her employer for civil partition of pension and savings plans accounts held in wife’s name.
    • The validity of a premarital agreement was at issue when it was signed without benefit of independent counsel.
    • Dissolution of law practice after deaths and retirements of principals involving interlocking trusts, confidential records, employees, and multiple family members.
    • Numerous mediations involving probate disputes with cross-cultural aspects and often involving interpreters.
    • Multi-week mediation of will contest involving disparate family members and assets in excess of $100 million located on three continents.
    • Court appointed discovery referee in $50 million estate dispute involving allegations of destruction of evidence.
    • Surcharge petition by siblings against trustee over mismanagement of a variety of commercial properties in several states.
    • Dispute over management of cattle ranch by sibling trustee and efforts to purchase shares by other sibling beneficiaries.
    • Numerous disputes involving allegations of self-dealing and misappropriation by family members managing estate assets.

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    Product Liability

    • Dispute in which sovereign design immunity was asserted as defense to action against transportation district to recover compensatory damages for catastrophic injuries sustained when their vehicle was struck head-on by a vehicle which crossed into oncoming traffic.
    • A design defect dispute involving defense of sovereign immunity from liability for injuries sustained in a catastrophic head-on collision after median strip berm failed to deflect crossover of opposing traffic.
    • Breach of contact and product liability claims arising from manufacture of trailer built to haul heavy, oversize loads.
    • Fraud, product liability and breach of contract dispute over installation of engine in specialized tractor-trailer.
    • Design defect case involving wind turbine generator arose after changed market and weather conditions reduced energy income. Owners sought damages and rescission.

      Professional Malpractice

      • Claim that Defective Notice to quit served by attorney resulted in lost rents and collateral expenses in excess of $1 million.
      • Chairman of three-judge tribunal in arbitration of claims of legal malpractice in structuring tax shelters resulting in damages in excess of $11 million.
      • Arbitration of claim by domestic partner that attorney over-billed client with dementia for dispute with neighbors

      Real Property

      • Mediation of enforcement of judgment liens on real property holdings after attorney malpractice eliminated homestead exemption.
      • Mediation of claims for unpaid rent regarding several premises vacated during Covid pandemic.
      • Mediation of claims against sellers and brokers for failure to disclose defects in multi-unit commercial and residential properties.
      • Arbitration of dispute between tenant and HOA over parking-place allotments in condominium building.
      • Mediation of claims against HOA for mold remediation after water damage to high-rise condominiums.
      • Mediation of dispute over ADA access to parking lot of adjoining property after construction of new building and parking area next door
      • Appellate consultation.
      • Delayed construction of a million-dollar home. Issues involved permitting and non-disclosure with the threatened rescission.
      • Failure to disclose sewer problem before sale. Had to do a repair in the sale of real estate.
      • Claims against property owners and their contractor after remodeling project compacted soil and cut roots of “heritage” trees on fence line resulting in their removal and replacement.
      • Landlord tenant dispute over sublease of portion of property for use by cannabis dispensary.
      • Claims by landlord for lost rent after city cancelled tenant’s permit to operate a bakery producing cannabis edible treats

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      Trade Secrets/Intellectual Property

      • Resolved dispute seeking excess of $1,000,000 damages for misappropriation of trade secrets by former employees who had signed non-disclosure agreements before establishing a competing business using coating formulas and customer lists claimed to be proprietary.
      • Dispute involving enforcement of licensing of intellectual property (including proprietary software and marketing plan) resolved by an accounting.
      • Resolved several cases seeking permanent injunctive relief and damages against stock brokers who were alleged to have breached express and implied confidentiality agreements and fiduciary duties by leaving their firms for new employment using purloined trade secrets.
      • Disputes over IP, confidential information and documents taken or disclosed by employees leaving employment, including: a case involving wind turbine control software, a case involving ownership of documents removed from firm by terminated lawyer and several cases involving customer lists.
      • Breach of contract in a leveraged lease of oil field testing equipment and software. Lessee asserted fraud and violations of securities regulations and claimed software was buggy while lessor claimed the $1 million value of the equipment was reduced by market surplus.

        Viticulture, Agriculture and Water Rights

        • Successfully mediated family dispute over the Estate and Trust management and division of 500 acres of vineyard land in Sonoma County. The issues involved wine production, construction of facilities, and development for non-agricultural uses.
        • Mediated a dispute involving county’s permit process for aggregate mining of a mix of agricultural land, nature preserves and housing development land.
        • Consulted with the parties in the appeal of a judgment that resulted in a complex trade of water rights between disparate parts of California (and including tribal interests) crucial to the maintenance of hundreds of acres of almond orchards in the Central Valley.
        • Mediated the resolution of employment claims at a wine distribution business with nearly 100 employees.

        Testimonials

        “Justice Lambden builds a rapport with the clients using his wit and intellect. He builds trust and confidence that he will do his utmost best to resolve the matter in an equitable and expeditious manner for all parties. He spends ample time listening to the clients to hear their concerns and get to know them. All this to further instill confidence that he will be using his skills to maximize any possible settlement yet cautioning the clients that it’s a give and take exercise.”


        “Justice Lambden is one of the most versatile mediators in Northern California. He’s intelligent, evaluative, and brings a strong “judicial” perspective to mediation that many mediators today lack. Justice Lambden has regularly settled extremely difficult cases and tenaciously approaches each one. He’s always presented well prepared and enthusiastic in his approach. I recommend him without reservation.”


        “Justice Lambden is dedicated to helping parties resolve their differences. He listened carefully and got to know the parties. He had absorbed all the legal and factual material in the mediation statements before we began. When the mediation reached a seemingly insurmountable impasse, he proposed a solution that brought the matter to a prompt resolution. Most important, our clients felt their views and grievances were heard and understood and came away loving him.”


        “Justice Lambden is an adept mediator and arbitrator. He is affable, and relates well with the principals as well as the attorneys. I have found Judge Lambden’s considerable experience at both the trial court and appellate court levels to be a valuable asset. I highly recommend Judge Lambden to my clients as he focuses on understanding the case, on fundamental fairness, and on doing his best to get it right. If you are looking for a mediator who mindlessly beats up each party or for an arbitrator who always splits the baby, then you should look somewhere else.”


        “Justice Lambden builds a rapport with the clients using his wit and intellect. He builds trust and confidence that he will do his utmost best to resolve the matter in an equitable and expeditious manner for all parties. He spends ample time listening to the clients to hear their concerns and get to know them. All this to further instill confidence that he will be using his skills to maximize any possible settlement yet cautioning the clients that it’s a give and take exercise.”


        “I have had the pleasure of using Judge Lambden as mediator on two probate matters over the last year. He was professional, knowledgeable, and was able to assist us in resolving matters that I was concerned would not be settled. He was successful in making my clients feel that he heard and valued their feelings and opinions while remaining neutral. Judge Lambden also succeeded in reaffirming that the clients understood both the pros and cons of settlement and of going to trial or proceeding with litigation. He was helpful in working with the parties to craft practical solutions that were workable and addressed all the issues.”


        “I have worked with Justice Lambden in 3 different appeals as a mock justice/consultant who advised and commented on appellate strategy, draft appellate briefs and mock oral arguments and he served as a mediator who helped the parties settle another matter after a verdict and before the case would have gone on to an appeal. He was extremely helpful in both roles. The combination of his consistently sound analysis and his effective communication style (clear but low key) works well in the high temperature environment of big money appeals and contentious mediations.”


        “I have made use of Justice Lambden’s mediation services in the past. Justice Lambden displays the qualities my clients and I value in a mediator, namely attentiveness to the party’s story, assurance of neutrality, patience throughout the process, professionalism with a touch of levity, and a minimal but judicious use of his experience without breaking from his neutral role. He provides confidence in the process even if Parties are sometimes too far apart for the process to lead to a holistic resolution. I would willingly recommend to others, and personally make use of Justice Lambden’s mediation services for future matters.”


        “Justice Lambden is at the top of our list as the mediator most likely to settle our hardest cases. He is especially skillful in the resolution of cross-border cases that involve complex issues and the potential for cultural factors that other mediators are unable to successfully bridge. Justice Lambden’s ability to gain the respect and trust of both lawyers and clients is extraordinary.”


        “Justice Lambden was able to creatively find a path to settle part of a highly contentious and complex case that will pave the way for global settlement of remaining claims. No other path was available and partial settlement was difficult but advantageous to both parties. Where there is a will (and the right mediator!) there is a way”


        In my nearly 40 years of employment law litigation practice representing both employees and employers, I have represented clients in probably a couple of hundred mediations. Justice Lambden is at the very top of our list of recommended mediators for all of our cases. In the numerous mediations we have had with Justice Lambden he has helped us settle every case. Justice Lambden’s remarkable record of success is attributed to his wealth of experience, wisdom, insight and diligence which is instrumental in settling difficult employment cases.


        My litigation practice is heavy in the use of neutrals. There are a lot of choices out there and Justice Lambden is consistently in my top three. When I propose him as a neutral, the other side almost always agrees, which exemplifies how universally respected he is. When you work with Justice Lambden, his experience as a trial lawyer, trial judge and appellate justice is readily apparent. He is always well prepared. His case management is professional and organized. Based on my many experiences working with Justice Lambden, I strongly recommend him as a neutral.


        Justice Lambden was able to implement resolution of hotly disputed environmental claims spanning many years in multiple courthouses. Mediation sessions from early 2021 to 2022 with continued involvement by Justice Lambden, ultimately resolved all claims. He was the guiding force ensuring global resolution was successful.


        I’ve had the great pleasure of working with Justice Lambden as both a neutral. As a mediator, I’ve found him to be creative, insightful and determined to reach a settlement that makes sense for both sides. I would not hesitate to recommend him and I always look forward to working with him. Aside from getting great results, he is a pleasure to speak with and a consummate professional and gentleman.


        ADR Services, Inc. and Justice Lambden bent over backwards to promptly and thoroughly address some very thorny and time-critical issues as Discovery Referee, from which all parties benefitted.