Hon. Evelio M. Grillo (Ret.)

Profile

Hon. Evelio Grillo comes to ADR Services, Inc. with a strong background in mediation, settlement, and arbitration.  Prior to joining ADR Services, Inc., Judge Grillo served as the Alameda County Superior Court’s primary settlement judge from 2012 to 2017 and as the court’s Supervising Settlement Judge from 2017 to 2019. As the first Supervising Settlement Judge, Judge Grillo spearheaded the formation of the court’s Settlement Department, one of the first stand-alone dedicated settlement departments in the State of California, and a concept deemed revolutionary at the time. Judge Grillo established the first protocols and procedures for the Settlement Department, and introduced innovative settlement techniques such as the use of double-blind mediators’ proposals, actuarial case evaluation and jury verdict analysis in judicial settlement conferences. After leaving the Settlement Department for Civil Direct Calendar and Complex Litigation, Judge Grillo, as the chair of the court’s ADR Committee, successfully advocated for the replacement of the court’s judicial arbitration program with court mediation, a transformation welcomed by both the plaintiffs’ and the defense bars, and which opened up the court’s ADR processes to the mediation community.

Judge Grillo has broad experience in settling single and multiparty civil cases, both simple and complex.  These include cases involving significant economic and non-economic damages, as well as catastrophic injury and death. A partial list of the case types Judge Grillo has settled include single and multiple plaintiff statutory and habitability claims filed against management companies and property owners; single and multi-party employment claims for wrongful termination, sexual harassment and race discrimination; personal injury, wrongful death and disfigurement claims arising from simple negligence, industrial injury, or defective products; premises liability and dangerous condition of public property; real estate fraud, easement, boundary  and cotenant disputes; breach of contract and business disputes; and statutory and common law elder abuse claims.  Judge Grillo has earned a reputation for crafting innovative settlements to resolve complex, multi-party disputes, and he is at his best where interpersonal conflicts present barriers to settlement.

Judge Grillo is known throughout the legal community for his extraordinary legal acumen, superior listening skills and patience, qualities that contribute to his success as a settlement judge and mediator.   Judge Grillo handled an average of five to eight cases per week as a settlement judge, and successfully settled over 1,000 cases during his judicial career. A proponent of both evaluative and facilitative mediation, Judge Grillo’s problem-solving approach is grounded in a deep respect for the legal process and a belief in the importance of clear, reasoned communication. Judge Grillo demonstrates patience, thoughtfulness, and a blend of humility and wisdom, understanding that the best resolutions often come from listening carefully, asking the right questions, and allowing the parties to explore all possible avenues for agreement.

In addition to his experience as a settlement and trial judge, Judge Grillo has contributed significantly to the development of arbitration law in California through the publication by the California Supreme Court and the First District Court of Appeal of four of Judge Grillo’s trial decisions on arbitration unconscionability, the enforcement of arbitration agreements by non-parties, and the validity of arbitration clauses waiving statutory remedies. OTO, L.L.C.v.Kho (2019) 8Cal.5th 111; Vaughn v. Tesla, Inc. (2023) 87 Cal.App.5th 208; DeMarinis v. Heritage Bank of Commerce (2023) 98 Cal.App.5th 776; Mattson Technology, Inc. v. Applied Materials, Inc. (2023) 96 Cal.App.5th 1149.

Judge Grillo’s dedication to alternative dispute resolution includes over a decade of experience as a court-appointed discovery referee and court arbitrator prior to his appointment to the bench. Appointed to the Alameda County Superior Court in 2003, Judge Grillo presided over more than 200 jury and court trials across civil, criminal, and family law. Judge Grillo is a graduate of Harvard Law School and the University of California at Berkeley.

AREAS OF EXPERTISE:

  • Business/Breach of Contract/Partnership Dissolution
  • Civil Rights
  • Class Actions
  • Complex Litigation
  • Elder Abuse
  • Employment
  • Landlord/Tenant
  • Personal Injury
  • Probate and Trust
  • Real Estate
  • Wage & Hour/PAGA

EDUCATION:

  • Juris Doctor, Harvard Law School, 1985
  • Masters of Public Policy, University of California, Berkeley, 1980
  • Bachelor of Arts. Political Science, University of California, Berkeley, 1976

JUDICIAL EXPERIENCE:

Judge of the Superior Court, Alameda County Superior Court, 2003-2024

  • Complex Litigation, 2021-2023
  • Judicial Council assignment, Coordinating Trial Judge for JCCP cases filed in Northern California, 2021-2023
  • Superior Court Appellate Panel, Supervising Judge, 2021
  • Superior Court Appellate Panel, Member, 2019, 2020
  • Civil Direct Calendar, 2018-2021
  • Settlement Department, Supervising Judge, 2016-2017
  • Civil Law & Motion and Writs & Receivers, 2012-2016
  • Civil Direct Calendar, 2009-2011
  • General Criminal Law, 2006-2008
  • Family Law, 2003-2005

Judicial Committees and Activities

  • Alameda County Superior Court, Executive Committee
  • Alameda County Superior Court, Civil Committee
  • Alameda County Superior Court, Personnel Committee
  • Alameda County Superior Court, Self-Represented Litigants Sub-Committee
  • Alameda County Superior Court, Access Committee
  • Alameda County Superior Court, ADR Committee

PROFESSIONAL EXPERIENCE:

Partner, Grillo & Stevens LLP, Oakland, CA, 1995-2003

  • Represented municipalities, businesses and individuals at the trial and appellate levels with emphasis on civil rights and employment, and business torts. Served for eight years as court-appointed discovery referee and special master in commercial and business litigation, and as a court-appointed arbitrator in business and personal injury litigation.

Attorney, San Francisco, CA, 1985-1994

  • Represented corporations and partnerships in complex commercial and business litigation, including real estate, labor, breach of contract, lender liability and fraud claims, and individuals in general civil and personal injury litigation while associated with Pettit & Martin, Levy, Samrick & Bernard, Inc., and Arnelle & Hastie.

AWARDS:

  • Trial Judge of the Year, Alameda-Contra Costa Trial Lawyers Association (ACCTLA), 2021
  • Trial Judge of the Year, Alameda-Contra Costa Trial Lawyers Association (ACCTLA), 2015
  • Judicial Excellence Award, East Bay La Raza Lawyers Association

PROFESSIONAL AFFILIATIONS (PARTIAL):

  • Alameda County Bar Association, Member, 1994-Present
  • Alameda County Bar Association, Board of Directors, 1994-1997
  • California Judges Association
  • Complex Civil Litigation Judges’ Workshop, 2022-2024

TEACHING EXPERIENCE:

  • Lecturer, Berkeley Law (formerly Boalt Hall), Civil Trial Practice, 2022, 2023, 2024
  • Clinical Instructor, Stanford Law School Student Advocacy Workshop, 1995-1996, 1998, 2002-2010
  • Instructor, Oakland College of Law, Civil Procedure, 1992-1993, 1994-1995, 1995-1996, 2000-2001, 2002-2003

PUBLICATIONS (PARTIAL):

  • California Civil Discovery, Matthew Bender & Co. (2004-2020) (Co-Author and Editor).
  • Pretrial Proceedings, California Forms of Pleading and Practice, Matthew Bender & Co. (1996).
  • Impact of New Sanctions Statute on Litigation in California, California Forms of Pleading and Practice, Matthew Bender & Co., February 1995.
  • Union Bank v. Superior Court: California’s Celotex, California Litigation, Fall 1995.
  • Planning and Executing a Successful Motion for Summary Judgment, Los Angeles Daily Journal, November 15, 1994.
  • More Thoughts on Summary Judgment, Los Angeles Daily Journal, November 16, 1994.
  • Try Judicial Notice in Pre-Trial Process, Los Angeles Daily Journal, September 24, 1992.

Representative Cases

Business

  • Partners in LLC sought dissolution of the corporation due to irreconcilable business differences. The parties required assistance in avoiding dissolution and liquidation, dividing up clients, settling accounts and making other arrangements to divide the LLC into two separate businesses. Case settled with the partners agreeing to settlement of accounts, commission arrangements for payment of work done for shared clients, and limited non-competition agreements.

Class Actions/JCCP Coordinated Cases

  • Class action claims for lost pension benefits filed against governmental entity.
  • Class action claims for sexual abuse committed by members of the clergy.
  • Toxic Tort cases involving products liability claims for pharmaceuticals, food and clothing.
  • Class actions and consolidated multiple plaintiffs filed by tenants of multi-unit building involving claims of breach of warranty of habitability and breach of covenant of quiet enjoyment.

Civil Rights

  • Inverse condemnation action by residential property owners for flood damage arising from the flooding of uphill v-ditch located on municipality's and property owners land. Property owners claimed municipality's failure to maintain its portion of the v-ditch caused the flooding; municipality maintained that a 100 year rain and flooding unrelated to the maintenance of the v-ditch was the cause of the flooding of plaintiffs' homes. Case settled for cash payment and non-monetary relief.
  • Cases for wrongful arrest, personal injury and wrongful death arising from police/citizen interaction.

Discovery Disputes

  • Discovery referee in lost insurance policy case involving four national insurers.
  • Ruled on discovery motions and resolved discovery disputes in multiple related actions for race discrimination and in JCCP coordinated actions for products liability.

Elder Abuse

  • Representative of dependent adult initiated mediation to cancel lease entered into by landlord and tenants for an up to 48 year term in exchange for the provision of personal services to the landlord by the tenants. The representative claimed that the landlord either did not have the capacity to enter into the lease, or lacked capacity to enter into the lease, or the lease was unconscionable. Case settled for payment of lease termination fee, plus move-out by the tenants.
  • Multiple consolidated actions for Elder Abuse by residents of nursing home under Elder Abuse statute while under the care of nursing home.
  • Resolved personal injury claims for elder abuse and claims for wrongful death arising from care received in nursing home.

Employment

  • Pre-litigation Mediation: Two employees of assisted living facility alleged wrongful termination, whistleblower, and Labor Code violations related to the recruitment, workplace conduct and termination of the employees. The employer denied all of the employees' claims. Case resolved with separation agreements and cash payments to employees.
  • Female restaurant employee alleged she was sexually harassed and propositioned by her male manager while at work. The manager denied the employee's allegations. The employee alleged that she was retaliated against by her employer for attempting to report the alleged harassment. The employee resigned and alleged constructive termination in addition to harassment and retaliation. The case settled without a concession of liability based on, among other things, the restaurant corporations financial circumstances which included sale to a third party before litigation commenced, which limited the pool of funds available to support litigation, pay creditors and pay a judgment.
  • 56 YO African American female employee alleged she was subjected to discrimination in connection with salary classification and promotional opportunities while working for county agency. The county denied discrimination allegations, but conceded irregularities in connection with salary classification. Employee had been promoted during the disputed pay classification period. Case resolved with public entity's agreement to back-pay based on what employee would have received if promotion had been timely, and employee's agreement to drop discrimination claims.
  • Action for sex discrimination based on failure to promote female employee.
  • Action for wrongful termination based on disability discrimination.
  • Actions for racial discrimination based on race harassment.
  • Action for wrongful termination base on race.
  • Action for wrongful termination based on sex.

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Government Liability

  • Resolved simple and catastrophic personal injury actions and wrongful death actions against governmental entities based on design defect and negligence of government employee.
  • Resolved personal injury actions against municipality based on alleged police misconduct.
  • Resolved action against municipality for diverting storm drainage onto private property.

Insurance

  • Bad Faith Insurance Action by clients of law firm against the law firm's malpractice insurer. The bad faith plaintiffs alleged that the insurer in bad faith rejected the clients' policy limits demand in the underlying malpractice action against the law firm. The bad faith plaintiff/clients obtained a malpractice judgment in an amount of three times the policy limit on the malpractice insurance. The plaintiff/clients took an assignment of the insured law firm's bad faith claim and prosecuted the claim against the malpractice insurer.

Landlord Tenant

  • Resolved multiple individual actions involving claims of wrongful eviction and breach of warranty of habitability.
  • Resolved multiple related and/or consolidated actions, and class actions filed by tenants against owners of multi-unit apartments alleging breach of warranty of habitability, breach of covenant of quiet enjoyment, wrongful eviction, and violations of local rent control ordinances.

Personal Injury

  • Plaintiff was injured on the premises of defendant. Plaintiff's claim was for negligence. The damages claimed were for chronic regional pain syndrome.
  • 8 Y.O girl injured on the premises of a retailer, causing disfigurement to one eye, emotional distress and possible long term psychological harm. Plaintiff sought recovery under theories of negligence and products liability. Defendant denied all liability. Case settled for confidential seven figure amount.
  • Plaintiff claimed a traumatic brain injury arising from a trip over wooden conduit placed on the ground in a driveway area to protect electrical wires. Defendant denied liability and claimed that the condition of the conduit was open and obvious. Plaintiff claimed that the conduit did not present an open and obvious danger due to discoloration of the wood, and that the conduit lacked warnings to alert pedestrians of its presence. Case was settled.
  • Resolved multiple individual personal injury claims including auto tort, premises liability, assault and battery, vicious dog, general negligence and third-party tortfeasor workplace injury.
  • Cases for claims of chemical contamination of clothing arising under Proposition 65.
  • Cases involving incorporation of formaldehyde into uniforms of flight attendants resulting in multiple nationwide claims for personal injury.
  • Presided over and tried Maritime Law jury trial personal injury action and resolved Maritime Law personal injury cases in settlement conference.
  • Cases for food contamination and additives arising under Proposition 65.
  • Cases for claims of contaminated pharmaceuticals under theories of manufacturing and design defect.
  • Individual and class action cases for products liability and personal injury cases involving toxic torts pharmaceuticals, chemical exposure, and design and manufacture of defective products.

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Private Attorney General Act (PAGA)

  • Presided over and tried PAGA wage and hour cases.
  • Presided over and tried PAGA seating cases filed against national retailer.

Trusts and Probate

  • Resolved trust governance disputes between competing trustees and breach of fiduciary duty actions and actions by trust beneficiaries.
  • Resolved will contests, pretermitted heir, and intestate inheritance disputes.
  • Resolved UFTA transfer of assets cases filed by the elderly, persons of diminished capacity, and the estates, heirs and conservators.

Real Property

  • Dispute between members of four parcel commercial HOA re uses of common areas and allocation of expenses between property owners. Case resolved by parties agreeing to separate parcels and abolish HOA.
  • Cases involving wrongful foreclosure (as both settlement judge and trial judge).
  • Cases involving buyer/broker/seller fraud in the purchase and sale and leasing of real property.
  • Cases involving breach of contract in the purchase and sale of real property.
  • Leasehold disputes.
  • Cases involving failed real estate transactions.
  • Cases involving co-tenancy disputes.
  • Cases involving easement disputes, including existence of easements, location disputes, burdening of easement, and maintenance disputes.
  • Cases involving claims of prescriptive easement and adverse possession.

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Testimonials

“Judge Grillo has been BEYOND helpful during this mediation process. He truly took the time to speak with all parties involved and explained each party’s arguments. We will definitely be using him again!”


“Excellent mediator. He settled a difficult case. I would definitely use him again. Excellent work.”


“Judge Grillo is very dogged and adamant on getting the cases resolved. And we really need that with more high-exposure personal injury cases, where you’ve got plaintiffs asking for seven-, eight-, sometimes nine-figure settlement amount. If there’s a case that seems like, ‘Oh, it might go to trial’ and there’s just a ton of exposure, those are the good cases you want to go to him for because he – more so than some other mediators – will be able to get it done.”


“Judge Grillo is an awesome mediator. I never thought we would resolve this issue. But he got right in and bam! I was really stunned at how effective he was in just four hours. He has such a wide breadth of the law that he can grasp the issues quickly. But he was also creative in the way he formulated the agreement we reached. He introduced solutions that he came up with, and the parties would go, ‘Oh yeah, that’s a great way of angling it.'”


“Judge Grillo’s analysis was right on point and credible. I never had the impression that he was telling me what he thought I needed to hear in order to get the case settled. He was very good in telling us what the weaknesses are of the case, which clients always need to hear. As people, we are very good at knowing what helps us but sometimes not so good at knowing what doesn’t. Lawyers are no different, and clients definitely are no different. He had the credibility to say, ‘Look, you do have a strong case but,’ and it’s that ‘but’ that’s always the important part.”


“Judge Grillo’s evaluative input was especially helpful. He’s just got so much trial experience from when he was a judge, so it’s very credible when he tells the parties, ‘Look, this is what you’re likely to face if this case went to trial. His words really hold a lot of weight.”


“I thought Judge Grillo did an excellent job. The parties involved had a relatively long-standing business dispute (5 years, as of yesterday) which had moved over into one involving personalities. Judge Grillo handled the matter with knowledge, expertise, aplomb, and professionalism, and we were able to get the matter resolved. In fact, I was so impressed that after the proceeding, I notified the other attorneys in my office that we had another mediator to add to our short list of officiants when the need arises. I look forward to the next time I can turn to Judge Grillo to assist with a resolution.”


“Judge Grillo was a top tier judge when he sat on the bench. We now have the benefit of his decades of experience and intimate understanding of civil litigation in the mediation context. Judge Grillo is an expert in the area of elder neglect. He is also an all around class act. We will definitely be using him again.”


“Judge Grillo was excellent. Well prepared and able to navigate complicated and difficult issues smoothly.”


Judge Grillo did a great job. He understood the law and the facts and applied them to his in-mediation proposals. Not all mediators give the “correct” weight to the law and facts so that cannot be taken for granted. The case did not settle but that lies with the parties, not the neutral. I would employ Judge Grillo again if the opportunity presents.”


I thought Judge Grillo was very good and followed up with the parties after the first mediation session a lot, which really pushed the case to settle.”


My impression of Judge Grillo’s mediating skills was quite positive. He took the time to learn the case, to listen to the plaintiff and what she wanted to achieve, met privately with both parties several times, brought to bear at an appropriate time his views and his assessments of the strengths and weaknesses, and the risks involved in going forward, which were important in this case, and did it with a very neutral, well-tempered manner. I was very impressed with his handling of our matter and would consider using Judge Grillo again.”


I mediate perhaps 10-15 cases a year of differing complexities. This was my first time using Judge Grillo, and I am enthusiastic about his performance. He had a good quality of being at once warm and accessible, but still judicial in a way that made folks want to listen to him. He worked hard and with diligence; he projected an air of caring that we get the deal done, and we got the deal done. 10/10 would recommend.”


Judge Grillo is by far one of the most-prepared and effective resolution providers. He dives deeply into the facts and applicable law, and is relentless in attempting to achieve a fair result for all involved.”