Hon. Michael D. Marcus (Ret.)

Profile

Judge Michael D. Marcus (Ret.) has a well-deserved reputation throughout California as a skilled, personable and forceful mediator and a fair and impartial arbitrator, having been honored by the Daily Journal as a “Top Neutral” for six years and as a “Southern California Super Lawyer” for 2008-2018. He has mediated over 3,000 matters and arbitrated more than 100 cases.

Judge Marcus brings an extremely broad legal background to his ADR practice. He was a judge, a successful trial lawyer, and a former law firm partner. Judge Marcus has taught evidence and trial tactics at law schools and is a legal author and bar leader as well as an efficient and effective mediator and arbitrator.

Mediation and Arbitration Experience

Since 2002, Judge Marcus has successfully mediated the following types of cases: employment (including discrimination, harassment, sexual harassment, whistleblowing, retaliation, wrongful termination, wage and hour, PAGA and class action), commercial/business (including partnership disputes), legal malpractice, personal injury, wrongful death, real property, premises liability, product liability, construction defect, intellectual property, medical malpractice, eminent domain, police misconduct and civil rights.

Judge Marcus has arbitrated the following types of cases: employment, commercial, real property, partnership, medical malpractice, legal malpractice, personal injury and fee disputes.

Discovery Referee

Judge Marcus has been appointed by Judges of the Los Angeles and Orange County Superior Courts to resolve discovery disputes.

Mediation Honors

Daily Journal “Top 50 Neutral in California”, 2007, 2009, 2010, 2011, 2012, 2013
Southern California “Super Lawyer” (Neutral), 2008 – 2018

Judicial Experience

  • 1995 – 2001 Judge of the California State Bar Court
  • 2000 – 2001 Supervising Judge of the State Bar Court Hearing Department
  • 1996 – 2000 Assistant Supervising Judge of the State Bar Court Hearing Department

In his 6 years on the State Bar Court, Judge Marcus presided over approximately 160 trials involving such issues as breach of fiduciary duty, fraud, conflicts of interest, failure to perform competently, misappropriation, and client abandonment; wrote lengthy decisions containing findings of fact and conclusions of law for each trial; and was involved in over 400 settlement conferences with a settlement rate of about 95%.

Litigation Experience

  • 1987 – 1995 Partner, Coleman & Marcus, Los Angeles
  • 1985 – 1987 Of Counsel, Sanger Grayson Givner & Booke, Encino
  • 1968 – 1985 Deputy District Attorney, Office of the District Attorney, Los Angeles

Education

  • 1964 – 1967 JD, UCLA School of Law, Los Angeles, California
  • 1962 – 1964 BA in Political Science, University of California, Berkeley
  • 1960 – 1962 Oberlin College, Oberlin, Ohio

Publications

Judge Marcus is a prolific writer who has written about mediation tactics, mediation ethics, arbitration ethics, trial preparation, legal ethics, prosecution discovery and the destruction of evidence for such organizations as the State Bar of California, the California Continuing Education of the Bar (CEB), the California District Attorneys Association, the San Fernando Valley Bar Association and the California Attorneys for Criminal Justice. He is also the author of Trial Preparation for Prosecutors (3rd Edit.), Lexis Law Publishing 2010, and is presently writing California Courtroom Conduct: The Do’s and Don’ts of Litigation. Judge Marcus is also the author of a popular series of monthly articles on “Mediation Messages” and “Arbitration Insights.”

Teaching and Lecturing

Judge Marcus has lectured on mediation and legal ethics for the Consumer Attorneys Association of Los Angeles, the Association of Southern California Defense Counsel, at the California State Bar’s annual meeting, to the California Judges’ Association, for the CEB and at many prominent law firms.

Judge Marcus taught evidence at the USC Law Center and has also been a member of the faculties at Southwestern University School of Law and the National College of District Attorneys in Columbia, South Carolina. He was a clinical instructor at the UCLA School of Law as well as an adjunct professor on trial skills at Pepperdine University School of Law.

Bar Activities

  • Member, Board of Governors, State Bar of California, 2007-2010
  • Trustee, Los Angeles County Bar Association (LACBA), 1979-1980
  • Chair, Professional Responsibility and Ethics Committee (LACBA), 2005-2006; Member, 1997-Present
  • Chair, Criminal Justice Section (LACBA), 1977-1978
  • Member, State Bar of California Conference of Delegates, 1968-1993

Formal Alternative Dispute Resolution Training

  • “Mediating the Litigated Case,” a 42-hour program offered by the Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • “Mediating Complex Construction Disputes,” an 18-hour program offered by the Straus  Institute for Dispute Resolution at Pepperdine University School of Law

Representative Cases

Civil Rights

  • Settled mediation involving claims of ADA violations at a hotel.
  • Handled a dispute involving a student at a junior college who alleged ADA discrimination by the college.

Commercial/Business

  • Settled fee dispute between seller of business and client, who terminated the arrangement.
  • Mediated partnership dispute involving breach of the partnership agreement without good cause.
  • Settled restaurant partnership dispute regarding claims of deceit and negligence.
  • Mediated breach of contract dispute regarding financial management services.
  • Handled a motion to enforce an arbitration agreement regarding public housing.
  • Mediated a dispute involving claims of breach of contract and intentional interference with prospective business advantage.
  • Mediated claims for misappropriation of trade secrets.
  • Mediated a matter involving allegations of a breach of oral and written contract and fraud, as well as a cross-complaint for a breach of fiduciary duty.
  • Settled a dispute involving the sale of a franchise back to the franchiser.

view all

Employment

  • Settled alleged misclassification of supervisor for manufacturing company; plaintiff was claiming overtime and compensation for meal breaks, rest breaks, and waiting time penalties.
  • Settled at mediation an employment claim for disability discrimination and wrongful termination.
  • Settled sexual harassment and retaliation case.
  • Settled wrongful termination case with retaliation, CFRA/FMLA aspects.
  • Mediated fraudulent inducement, breach of oral contract, negligent misrepresentation, and intentional infliction of emotional distress allegations where defendant company fired the plaintiff 11 days after hiring him.
  • Handled matter involving sexual harassment allegedly notified by employer plus alleged sexual harassment by supervisor and constructive termination.
  • Mediated class action matter involving PAGA claims/violations: meal breaks, rest breaks, reporting time, overtime, and wage statements.
  • Settled matter involving claims of country of origin and religious discrimination, as well as wrongful termination.
  • Mediated several PAGA claims regarding overtime and meal and rest break violations.
  • Settled dispute regarding CFRA/FMLA discrimination and wrongful termination.
  • Settled class action case regarding overtime, meal and rest break, wage statement, and waiting time claims.
  • Settled a matter involving claims of country of origin harassment and discrimination, retaliation, and wrongful termination.
  • Settled numerous matters involving harassment, retaliation, wrongful termination, and disability discrimination.
  • Settled matter involving PAGA claims for meal and rest breaks, overtime, and wage statements at a car dealership.
  • Handled several class action matters involving wage and hour, meal and rest breaks, overtime, and PAGA claims.
  • Settled dispute involving claims of violation of the Equal Pay Act, retaliation for CFRA leave, and wrongful termination.
  • Mediated a matter in which the plaintiff alleged retaliation and wrongful termination, and the defendant made a cross-complaint for theft of trade secrets.
  • Settled a case in which resident managers sued for overtime, meal and rest breaks, and wrongful termination.
  • Settled a matter involving claims of pregnancy discrimination and wrongful termination.
  • Settled a matter involving claims of breach of contract, fraud, slander, and wrongful termination.
  • Settled a case involving claims of pregnancy discrimination, wrongful termination, and retaliation.
  • Settled a case involving claims of whistleblowing (Labor Code §1102.5), retaliation, and wrongful termination.
  • Handled several employment cases involving claims of disability discrimination, age discrimination, racial discrimination, retaliation, failure to accommodate, and wrongful termination.
  • Mediated the case of two former employees making claims of disability discrimination, retaliation, and wrongful termination.
  • Mediated a case involving allegations of sexual harassment, quid pro quo, retaliation, intentional infliction of emotional abuse, and wrongful termination.

view all

Fee Dispute

  • Settled a dispute between a client and the client’s former law firm for the return of unearned fees.

Personal Injury

  • Mediated personal injury matter where plaintiff was hit by a flying bounce house.
  • Mediated a personal injury matter involving an accident between a motorcycle and a car.
  • Settled a case involving a two-car accident in which soft tissue injuries, as well as bicep and shoulder tears were sustained.
  • Settled a case regarding a passenger on a bus who fell and injured himself.

Real Estate

  • Mediated real property matter involving an HOA suing a non-conforming property owner.

Real Property

  • Handled matter in which a commercial lessor sued lessee for property taxes not paid as part of a settlement. Lessee cross-complained for breach of lease and fraud.
  • Mediated a dispute regarding the terms of a commercial lease, including the option period to extend the lease.
  • Mediated a matter involving claims of failure to disclose material defects in the sale of a residential property.
  • Mediated a commercial real property matter involving claims of specific performance and breach of contract.