Charles A. Dyer, Esq.

Profile

Charles A. Dyer, Esq. possesses more than 35 years of experience as an arbitrator and mediator. Prior to his dispute resolution work, Mr. Dyer represented both plaintiffs and defendants at an active civil litigation practice. From this, he gained a unique perspective of the goals and objectives of different parties, enhancing his ability to objectively and comprehensively evaluate cases. Mr. Dyer has been named Trial Lawyer of the Year by the San Mateo County Trial Lawyers Association and received the San Mateo County Bar Association’s James M. Dennis Memorial Award for courage and determination, contributing significantly to justice in the community and raising ethical standards for his profession.

As part of his extensive experience as a neutral, Mr. Dyer has served as a Judge Pro Tem, Special Reference/Discovery Referee, and ADR Panelist with the San Mateo County and Santa Clara County Superior Courts. He has also conducted several appellate mediations, serving as a neutral on matters for the Courts of Appeal in both the First and Sixth Appellate Districts in the State of California.

AREAS OF EXPERTISE:

  • Business/Contract
  • Complex Litigation
  • Construction
  • Employment
  • Partnership Dissolution
  • Personal Injury
  • Probate
  • Products Liability
  • Professional Liability
  • Real Estate

MEDIATION TRAINING:

Mr. Dyer has been a panel member for several mediation seminars sponsored by private organizations and local bar associations, such as the American Arbitration Association, CEB, Consumer Attorneys of California, and the San Mateo County Trial Lawyers Association. His mediation training includes a 16-hour course of the Attorney-Mediators Association; a 16-hour course for Mediators of the Court of Appeal, First Appellate District; and a 14-hour course for Advanced Mediation Training (Steve Rosenberg) for the Mediators of the Court of Appeal, First Appellate District.

PROFESSIONAL EXPERIENCE:

  • Partner, Dyer & White LLP (Menlo Park, California)
    Practiced primarily in civil litigation and alternative dispute resolution.
  • Active Duty, United States Naval Reserve (1963-1967)
    • Naval Justice School Graduate, With Distinction (1964)
    • Court Martial Prosecutor and Defense Counsel (1964-1967)
    • Reserve participation (1967-1992)
    • Retired, Captain (1992)
  • Civil/Judicial Advisory Committee, San Mateo County Superior Court (2002-2004)
  • Hearing Officer, San Mateo County Civil Service Commission Proceeding
  • Judicial Arbitration Committee, San Mateo County Superior Court (1976-present)
  • Multi-Option ADR Project Oversight Committee, San Mateo County Superior Court (formation-present)
  • Lecturer, various organizations including: American Association for Justice Consumer Attorneys of California, Continuing Education of the Bar, San Mateo County Bar Association, San Mateo County Trial Lawyers Association, Consumer Attorneys of Santa Clara County, San Mateo County Medical-Legal Association, American Management Association, etc.

EDUCATION AND LICENSES:

  • State Bar of California (1971)
  • Juris Doctorate, University of California Hastings College of the Law (1970)
  • Bachelor of Arts in Journalism, University of Missouri (1962)
    Kappa Tau Alpha, School of Journalism Scholastic Honor Society

PROFESSIONAL AFFILIATIONS:

  • American Association for Justice (formerly Association of Trial Lawyers of America) (State Committeeman, 1982)
  • American Board of Trial Advocates
  • California Dispute Resolution Council
  • Consumer Attorneys of California (Board of Governors, 1977-1981, 1983; Vice President, 1982)
  • National Board of Trial Advocacy
  • San Mateo County Bar Association (various committees; Editor, Docket, 1975-1980)
  • San Mateo County Trial Lawyers Association (various offices; President, 1980)
  • Santa Clara County Bar Association
  • Trial Lawyers for Public Justice

AWARDS AND HONORS:

  • Trial Lawyer of the Year, San Mateo County Trial Lawyers Association (2011)
  • James M. Dennis Memorial Award, San Mateo County Bar Association (2009)
  • Super Lawyers of Northern California
  • AV Preeminent Rating, Martindale-Hubbell®
  • Meritorious Service Medal (1991)
  • U.S. Navy Commendation Medal (1967)

Representative Cases

WRONGFUL DEATH

  • Handled wrongful death action by plaintiff trustee of minor survivor in wrongful death action against large Las Vegas hotel and casino when decedents, plaintiff’s parents, were killed in a highly publicized fire.
  • Dispute between surviving spouse and minor son against defendant motor vehicle operator who struck and killed decedent as decedent was attempting to push his vehicle from snow drift. The case involved highly disputed liability of motor vehicle collision in blizzard conditions.
  • Surviving parents sued major hospital facility for medical negligence in wrongful death of infant child caused by administration of fluids resulting in fluid overload.
  • Dispute involving wrongful death of 13-year-old son as a result of bicycle-motor vehicle collision by surviving parents against defendant motor vehicle operator.
  • Products liability-wrongful death action against crane manufacturer (defective two blocking device) and crane supplier when decedent steel worker was killed when crane operator raised crane load past maximum height limit which severed headache ball cable, striking decedent.
  • Medical negligence-wrongful death action by surviving spouse and children against primary care physician lor failing to timely refer decedent to cardiac specialist. Decedent had fatal heart attack.
  • Products liability-wrongful death action by surviving spouse and children against manufacturer and supplier when decedent was killed in explosion when using compressed gas cylinder in scientific test.
  • Wrongful death-medical negligence action by surviving spouse and children against hospital district as a result of decedent being allowed to have and consume fatal amount of highly acidic shampoo while on suicide watch.
  • Motor vehicle negligence-wrongful death action against motor vehicle operator when plaintiffs’ 14-year-old daughter died as a result of pedestrian-motor vehicle collision.
  • Motor vehicle-wrongful death action by father against defendant pickup truck operator when plaintiff’s son died as a result of being thrown from bed of a pickup truck.
  • Wrongful death of developmentally disabled woman who was hit by train along tracks after gaining access to area through negligently maintained fence along right of way by railroad company and municipality.
  • Wrongful death action involving death of two daughters against operator of motor vehicle and against sponsor of charitable event for negligent supervision in regard to providing alcoholic beverages to minors.
  • Medical negligence-wrongful death action against decedent’s ophthalmologist for failure to timely diagnose condition or refer decedent, who was suffering from eye cancer, to specialist.
  • Wrongful death action against retail nursery as a result of decedent being struck by forklift being negligently operated by nursery’s employee.
  • Wrongful death action against tracking company when negligent employee truck operator drove vehicle across lane divider and collided with decedent’s vehicle in desolate area in the State of Washington.
  • Negligence-wrongful death action against airplane owner and operator where decedent glider owner and operator was killed in fixed wing aircraft-glider collision.

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PERSONAL AND CATASTROPHIC INJURY

  • Four elderly plaintiffs sued manufacturer of ophthalmic microscope in products liability design defect action combined with action against hospital for medical negligence in failure to maintain the microscope which resulted in severe eye damage to each plaintiff caused by missing heat filter during cataract surgery.
  • Adult son and daughter, as conservators for their elderly parent who suffered from advanced dementia, sued major health care provider for medical negligence for administering an overdose of an antipsychotic drug which resulted in personal injury including diminished life expectancy.
  • Non-seat-belted plaintiff was rendered a paraplegic in a motor vehicle collision against major trucking company when second trailer of rig turned over and skidded into plaintiff’s lane.
  • Products liability action against manufacturer of plastic press sealing machine when machine recycled and that action trapped plaintiff’s left arm in press, causing severe burns and resulting in loss of left hand and forearm.
  • Products liability action against manufacturer, negligent assembly of retailer, and premises liability of physical therapy provider when seat of exercise bicycle being used by plaintiff, only a few days after having hip replacement, failed and resulted in injuries necessitating another hip replacement surgery with less than favorable results.
  • Physician suffered severe cervical injuries and sued county club golf course for failure to foresee and provide safety precautions against hazards when errant golf ball struck plaintiff, who was standing in his residential swimming pool.
  • Products liability action by teenage male plaintiff against manufacturer of hot pool lilter and premises liability against owner of hot pool when plaintiff’s hand was sucked into filter and held him under water before rescue resulting in mild traumatic brain injury.
  • Plaintiff was underground gold miner who was kicked in the head by defendant rancher during an altercation between plaintiff and rancher’s son outside a bar in gold country, resulting in the enucleation of the plaintiff’s right eye.
  • Elderly female plaintiff sued medical care provider for medical negligence after failure to remove surgical device in plaintiff after completion of surgery.
  • Premises liability action by plaintiff against owner of commercial building as a result of plaintiff suffering substantial injuries after falling through defective flooring during inspection of building for potential purchase.
  • Plaintiff, a middle-aged female, suffered electrical shock and significant injuries when plaintiff came in contact with exposed energized electrical line during remodel of plaintiff’s residence. Plaintiff sued general contractor and electrical subcontractor for negligence.
  • Dog bite action against owner of dog by plaintiff, an accomplished flute player, who suffered severe laceration resulting in substantial scarring to lower lip.
  • Plaintiff motorcycle operator sued major motel chain for negligence of employee in operating motor vehicle which side swiped plaintiff’s motorcycle resulting in major injuries. Highly disputed negligence of employee and whether employee was operating in course and scope of employment.
  • Plaintiff, a teenage male, sued motor vehicle operator for motor vehicle negligence in single car accident resulting in major abdominal injuries to plaintiff.
  • Plaintiff, a teenage male, was involved in a motor vehicle accident involving a single car rollover resulting in major injuries to plaintiff’s left arm and left leg.
  • Plaintiff sued major trucking company for motor vehicle negligence when defendant’s employee operating a truck and trailer collided with plaintiff’s motorcycle, trapping plaintiff under truck and dragging him a considerable distance which resulted in major injuries to plaintiff.
  • Premises liability action against taqueria restaurant when minor plaintiff’s arm was caught in tortilla making machine resulting in major injury to right arm.
  • Plaintiff roofer sued major electrical power provider as a result of plaintiff coming in contact with live electrical wire, which resulted in plaintiff being shocked and suffering severe burns to torso.
  • Negligence action against airport refueling contractor as a result of explosion in fuel pit in which plaintiff suffered severe burns to upper body.
  • Products liability action against motor vehicle manufacturer when, after single car accident, the motor vehicle caught fire and plaintiff suffered severe burns to torso.
  • Products liability and negligence action against manufacturer and renter of stump grinder which resulted in plaintiff renter-operator suffering severe injuries to his right foot.
  • Action against bar owners for failure to supervise and failure to train employees after plaintiff suffered severe injuries in altercation with bar employee.
  • Premises liability action against owner of office building, negligent hiring and supervision against janitorial service and battery action against individual when plaintiff was shot and severely injured by employee of janitorial service.
  • Products liability action against firearms manufacturer of .22 caliber pistol, manufactured to resemble a .45 pistol, when cartridge misfired with relative large fragment of brass entering plaintiff’s eye.
  • Plaintiffs, in separate cases under procedure of Swine Flu Immunization Act, developed Guillain-Barré syndrome, a rate neurological disorder, after being vaccinated with swine flu vaccine.
  • Motor vehicle personal injury action and fraudulent transfer of property against estate of defendant motor vehicle operator and executors of estate to establish and collect damages above the liability insurance policy limits.
  • Handled products liability action brought by plaintiff against defendant, pharmaceutical company focused on eye care products, alleging that the eye care product manufactured by defendant and used by a hospital in plaintiff’s care and treatment was contaminated and caused severe permanent damage to his eye.
  • Action against defendant attorney and law firm for invasions of privacy based upon private investigator’s investigation of plaintiff in a personal injury action.
  • Three plaintiffs alleged negligence against Napa Valley Winery (provider of picnic event) when plaintiffs were each injured as a result of a runaway stage coach that crashed when the whip (driver of stage coach) fell when climbing on rig and team of horses bolted.
  • Products liability action brought by plaintiff, an active duty serviceperson, against manufacturer of device used in training for recognition and survival of chemical, biological, radiological, and nuclear attacks. The device had a delayed explosion and injured plaintiff, who was in charge of detonating device.

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BUSINESS / COMMERCIAL CONTRACT

  • 12 individual physicians, tenants of medical building, sued defendant landlord for breach of contract, breach of implied contract, breach of fiduciary duty, intentional interference with economic advantage, etc. when defendant exercised termination clause in lease or refused to renew leases.
  • Handled fraud and misrepresentation action against representatives of franchise operation. Appeal of trial court granting summary judgment resulted in at that time precedent setting law that under Code of Civil Procedure section 87a, the liability of a principal for the tortuous acts of his agent, even though wholly vicarious, survives release of the agent.
  • Dispute involving embezzlement, conversion, fraud and deceit by plaintiff municipality against librarian who took 520 bills from cash collected for fines for multiple years amounting to a total exceeding low six figures.
  • Action by plaintiff medical corporation for embezzlement, conversion, fraud and deceit against corporate treasurer.
  • Plaintiff, a private hospital, sued for breach of contract (defective product) against manufacturer and distributor of portable computerized tomography (CT) scanning facility.
  • Highly disputed lender liability action by plaintiff bankruptcy trustee against multinational investment bank and financial services company where bank’s action concerning loan to plaintiff resulted to carpet milling company’s bankruptcy.
  • Breach of contract action by private hospital against general contractor for delayed completion of construction resulting in major loss of income.
  • Plaintiff alleged breach of fiduciary duty, misrepresentation, etc. against a national commercial real estate brokerage firm for fraudulently inducing plaintiff into purchasing commercial property at price exceeding actual value.
  • Breach of contract action against leading dental marketing company for breach in regard to not adhering to contract clauses concerning exclusive area codes for contacts provided to plaintiff.
  • Plaintiff, purchaser of motor vehicle, alleged fraud, misrepresentation, etc. against motor vehicle dealership based upon non-disclosure to plaintiff that vehicle had been involved in collision and had been repaired.
  • Breach of contract action against defendant owner and managing member of grocery store chain (5 stores) LLC by member of LLC, alleging that managing member had agreed by written contract to transfer 25% ownership of PLC to plaintiff upon plaintiff’s organizing and installing pharmacies in the grocery stores owned by the LLC.
  • Action for breach of settlement and release agreement by allegedly wrongfully terminatead employee against defendant global aerospace, defense, security and advanced technologies company after plaintiff alleged that defendant blackballed plaintiff in the industry by providing highly unfavorable reference information to plaintiff’s prospective employers.
  • Employee, defendant’s son-in-law, alleged breach of contract, wrongful termination, intentional interference with economic advantage, etc. by defendant and president of electrical supply corporation, claiming that defendant promised that plaintiff would receive an ownership interest in the corporation when he opened and managed the Sacramento outlet.
  • Handled class action antitrust litigation, as examples, In Re Fine Paper Antitrust Litigation and In re corn Derivatives Antitrust Litigation.
  • Handled numerous cases regarding attorney fee disputes.
  • Handled numerous litigated and pre-litigation actions relating to law firm dissolutions.
  • Plaintiff, a buffalo breeder, sued defendant South Dakota ranch corporation for breach of contract for suppling alleged defective semen for artificial insemination.
  • Plaintiff, daughters of decedent, sued defendant, allegedly a minister, in an action for fraud, misrepresentation, and elder abuse, etc. to rescind any and all transfers of real property (multi-millions in value) to the church organization made by decedent prior to her death.
  • Action for breach of implied contract and violation of anti-ticket scalping law brought by plaintiffs against defendant, who owned San Francisco 49ers season tickets, when plaintiffs purchased season tickets from defendant and defendant attempted to charge more than face value for post-season playoff tickets.

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EMPLOYMENT

  • Handled wrongful termination action against national supermarket chain employer establishing on appeal that a union’s decision to drop grievance and then a later arbitration award in favor of employer were obtained by perjured testimony constituting fraud and allowed plaintiff to proceed with federal district court action. Court found employer violated collective bargaining agreement and ordered employer to reinstate employee and to pay lost wages.
  • Plaintiff, managing partner of real estate brokerage firm, alleged intentional interference with economic advantage, defamation, and breach of partnership agreement by defendant individual financier in regards to wrongful termination of plaintiff.
  • Handled several wrongful termination employment actions brought by employees against defendant, a global aerospace, defense, security and advanced technologies company.
  • Handled employment dispute involving a female plaintiff, alleging battery, sexual harassment and wrongful termination against defendant attorney and law firm.
  • Action brought by former employee against defendant lighting supply company for wrongful termination.

CONSTRUCTION DEFECT

  • Handled construction defect action by husband and wife against general contractor for substantial structural problems in the building of a multi-million dollar single family residence.
  • Handled action for numerous construction defects brought by resident homeowners against defendant home builder-construction contractor.
  • Handled action for misrepresentation and construction defects brought by physician owner of residential property in Lake Tahoe area against defendant home builder-construction contractor.

INSURANCE COVERAGE AND BAD FAITH

  • Handled bad faith insurance action against motor vehicle insurer for breach of contract, breach of covenant of good faith and fair dealing, etc. in insurer’s denial of uninsured motorist coverage.

PROFESSIONAL LIABILITY

  • Professional negligence action brought by elderly female plaintiff against defendant certified public accountant for negligently and fraudulently recommending and persuading plaintiff to make a loan to the purchaser of a commercial property.
  • Handled legal malpractice action brought by client against law firm for professional negligence in the recommendation and formation of a charitable remainder trust.
  • Legal malpractice action brought by client against defendant attorney and law firm for professional negligence in regard to representation in litigation based upon tenant’s rights in sale of mobile home park.
  • Legal malpractice action brought by client for professional negligence based upon failure to obtain sufficient surety bond for construction of commercial development.
  • Handled several legal malpractice actions brought by clients for professional negligence in cases based upon negligent representation in bankruptcy proceedings, estate planning, corporate formation, real estate development, etc.
  • Handled legal malpractice action brought by client for professional negligence in failing to obtain reduction of a criminal matter to an infraction after plaintiff had completed court ordered programs which allegedly resulted in plaintiff not being hired as an elementary school teacher because of her criminal record.

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INTELLECTUAL PROPERTY

  • Handled copyright-trademark infringement action brought by plaintiff alleging defendants were liable for manufacturing and selling t-shirts with slogan attributed to San Francisco Giants star player.