Monty A. McIntyre, Esq.

Profile

Through preparation, patience, perception, persuasion, and persistence Monty A. McIntyre creatively helps people obtain rapid, reasonable resolution of their disputes. He relentlessly pursues closure.

Mr. McIntyre is a full-time mediator, arbitrator and referee who has conducted over 1,000 mediations and handles cases in the following areas. Business: business, contracts, commercial, IP, partnership dissolution, and trade secrets. Class Actions: consumer protection, employment. Construction: construction, and construction defect. Elder Abuse: financial abuse, neglect. Employment: discrimination, sexual harassment, and wage and hour. Insurance: bad faith, coverage, D&O, disability, environmental, excess, health, indemnity, and life. Legal Malpractice. Medical Malpractice. Probate. Professional Liability: CPA’s, insurance agents/brokers, and real estate agents/brokers. Real Property: boundary disputes, easements, eminent domain, escrow, homeowner association, land use, leases (commercial and residential) and real property sales. Torts/Personal Injury: brain injury, personal injury, spinal cord injury, product liability, and wrongful death.

Subject Matter Expertise

Mr. McIntyre has the unique experience of having handled significant numbers of both plaintiff and defense business, commercial, insurance bad faith, medical malpractice, personal injury and real property cases. He has extensive subject matter expertise in each of these areas. He has also handled employment cases and has subject matter expertise in this area as well. Mr. McIntyre also has extensive knowledge of economic damages issues.

Litigation Experience

Extensive civil trial experience since 1980 representing both plaintiffs and defendants in a wide variety of business, insurance, real property and tort cases. Mr. McIntyre has tried to conclusion more than 100 cases including numerous civil jury trials. His last three state court jury verdicts were unanimous 12-0 decisions in favor of his clients. Over $50 million recovered in verdicts or settlements for plaintiff clients. Numerous defense verdicts or favorable settlements for defendant clients. Mr. McIntyre brings to the table extensive litigation expertise in civil procedure, evidence and trial practice. He was admitted into ABOTA in 1995 and served as the 2014 President of San Diego Chapter of ABOTA.

  • 2001-2012: Shareholder, Seltzer Caplan McMahon Vitek
  •  1990-2000: Partner, McIntyre & McIntyre and Thompson & McIntyre
  • 1985-1990: Partner, Lowell Robbin Hamilton & McIntyre
  • 1980-1984: McInnis, Fitzgerald, Rees, Sharkey & McIntyre, and Sparber, Haas & Ferguson

Education

  • 2017: You’re Fired! Resolving Workplace Disputes through Mediation and Other ADR Processes, Straus Institute for Dispute Resolution at Pepperdine SOL
  • 2015: Mediating Complex Construction Disputes, Straus Institute for Dispute Resolution at Pepperdine SOL
  • 2014: Advanced Mediation, Straus Institute for Dispute Resolution at Pepperdine SOL
  • 2013: Mediating the Litigated Case, Straus Institute for Dispute Resolution at Pepperdine SOL
  • 2000-Present: Annual mediation training
  • 1993: Intensive Mediation training by the American Arbitration Association
  • 1980: University of San Diego School of Law, JD
  • 1977: University of California San Diego, BA – History Honors

Honors, Recognition & Service

Member: National Board of the American Board of Trial Advocates (ABOTA) ♦ Past President: San Diego Chapter of ABOTA ♦ Past President: San Diego County Bar Association ♦ Recognized: The Best Lawyers in America, Super Lawyers ♦ Master: Enright Inn of Court ♦ Outstanding Trial Lawyer Awards ♦ Past Member: Executive Council of the National Conference of Bar Presidents, ABA Standing Committee on Judicial Independence, ABA House of Delegates, Southern District Lawyer Representative, Boards of Directors of SDCBA, ABTL, CASD, USD Law Alumni Association and Barristers Club.

Representative Cases

AMERICANS WITH DISABILITIES ACT

  • Dispute where a paraplegic alleged he suffered 3rd degree burns on his right heel and left buttocks when he and his wife used defendant's infrared sauna.

BUSINESS

  • Dispute between two owners of a California corporation insurance agency where the owners could not agree on how to proceed with either a division or a sale of the company.
  • Dispute regarding alleged breach of a joint venture to acquire, operate and sell investment real property (apartments). Plaintiff alleged he was improperly shut out of three limited liability companies that were formed to acquire real estate investment properties.
  • Dispute where plaintiff claimed fraud, breach of fiduciary duty and damages of over $13 million related to an investment in a medical imaging center.
  • Dispute between a management company and an Indian tribe regarding the construction and management of an Indian gaming facility.
  • Dispute where plaintiff alleged promissory fraud related to a business investment.
  • Dispute regarding the alleged breach of an oral contract which plaintiff alleged included the purchase of an ownership interest in a limited liability company.
  • Dispute where a physician alleged that a Fortune 500 company had engaged in fraud and mismanagement in the operation of an ambulatory surgery center.
  • Dispute where plaintiff, a music inspired clothing company created by one of the founders of the band Blink 182, alleged breach of contract and fraud against a British online retail company that had purchased the clothing company.
  • Dispute where minority shareholders alleged that directors and officers of two California corporations had engaged in fraud, mismanagement and breach of fiduciary duty.
  • Dispute where plaintiff alleged that he owned a ten percent (10%) interest in a multi-million dollar public works contracting corporation.
  • Dispute where plaintiff alleged defendant had breached a revenue sharing agreement.
  • Dispute where plaintiff caregiver provider alleged breach of contract by a customer who hired a caregiver that had originally been provided by plaintiff.
  • Dispute where a plaintiff that had performed billing and collections work for a medical service provider defendant alleged breach of contract.
  • Dispute where plaintiff sued defendant for breach of a consulting agreement and sought alter ego liability against the CEO of defendant.
  • Dispute regarding the valuation to be paid to a minority shareholder who wanted to sell his shares in a successful private corporation that created music for commercials.
  • Dispute where a landscaping company sued for liquidated damages as a result of a delay in obtaining final inspection and approval by a city.
  • Dispute where a contractor sued for failure to pay for work performed on houses being flipped.
  • Multiple disputes among shareholders, partners and members of corporations, partnerships, and limited liability companies.
  • Dispute regarding the valuation to be paid to a minority shareholder who wanted to sell his shares in a successful private corporation that created music for commercials.

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COMMERCIAL LEASES

  • Dispute where the tenant sued the landlord for breach of lease, breach of quiet enjoyment and negligence due to the landlord's remodeling of the high-rise building lobby area over several months.
  • Dispute where a tenant sued the landlord for breach of lease and other claims related to construction remodeling work being performed on the strip mall.

CONSTRUCTION

  • Dispute where a major pharmaceutical company alleged that the general contractor and its subcontractors had installed defective exterior metal panels during the construction of several commercial buildings.
  • Dispute where plaintiffs alleged construction defects re improper remodeling resulting in a water leak, mold issues, damage to wood floor, and the need to replace the island in kitchen.
  • Dispute regarding windows that were installed on a home on top of a hill with a spectacular view. Excessive heat was generated inside the house immediately after the windows were installed.
  • Dispute where plaintiffs alleged defendants were liable for improper and negligent construction during the remodeling of a million dollar plus home, and fraud during the sale of the home.
  • Dispute where plaintiffs alleged numerous construction defects during extensive remodeling of a multi-million dollar home.
  • Dispute where plaintiff alleged construction defect claims regarding a house that had been remodeled and flipped.

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CONSUMER PROTECTION

  • Dispute where plaintiff alleged Consumer Legal Remedy Act claims related to the sale of a used BMW without disclosing it had been a rental vehicle, the front end had been repaired and the air bags had deployed.

ELDER ABUSE

  • Dispute where plaintiff alleged wrongful death due to elder abuse and defendant alleged the maximum damages were $250,000 under MICRA.
  • Dispute where plaintiff alleged elder abuse and nursing malpractice for failing to timely and properly treat a bed sore.
  • Dispute where a patient with cancer who was a fall risk fell down, fractured her hip, and died shortly thereafter.

EMPLOYMENT, WAGE & HOUR

  • Dispute where plaintiff claimed she was wrongfully terminated for her whistleblowing complaint within the company and her unwillingness to violate regulations regarding home health care, including fraudulently charging two hours for a one hour supervisory visit by a RN.
  • Dispute where plaintiff alleged wrongful termination and retaliation, claiming she was retaliated against after she told the owner his real estate license had lapsed and she would not put real estate loans into a new person's name without starting the process over again as required in California.
  • Dispute where plaintiff claimed defendant breached an oral agreement to create a joint venture (50% each) to operate a commercial fishing boat, and alternatively for labor code overtime violations.
  • Dispute where plaintiff alleged sexual harassment by his supervisor at a hospital, and wrongful termination in retaliation for reporting the sexual harassment.
  • Dispute where plaintiff alleged wage and hour violations and alleged he was wrongfully terminated after plaintiff filed his wage and hour case. Plaintiff alleged that some of his hours were improperly "shaved" by supervisors and also alleged he was improperly paid an improper low overtime rate on days when he was actually providing training at a higher pay rate.
  • Dispute where an African-American plaintiff sued his former employer for discrimination and retaliation, and also asserted a PAGA claim. Plaintiff alleged he was terminated because he complained to the EEOC and DFEH about racial and discriminatory comments and actions made by co-workers, who were mostly Mexican-American.
  • Dispute where plaintiff sued his former employer for wage and hour violations, retaliation, and a personal injury suffered at work (because he was injured when the company had no workers compensation insurance).
  • Dispute where a LVN plaintiff claimed her school district employer discriminated against her because she was an advocate in taking care of her student patient.
  • Dispute where a loan underwriter, who worked remotely for an out-of-state LLC defendant, alleged wage and hour violations.
  • Dispute where plaintiff alleged claims for retaliation, wrongful termination, and wage and hour violations.
  • Dispute where three plaintiffs, who formerly worked for defendant employer, alleged overtime, wage and hour, and PAGA violations.
  • Dispute where plaintiff alleged wrongful termination in violation of public policy because plaintiff would not alter HUD documents that her employer wanted her to wrongfully alter.
  • Dispute where plaintiff, a non-citizen who worked in an assisted living home, alleged wage and hour and meal and rest break violations as well as wrongful termination.
  • Dispute where plaintiff cook alleged he was not paid overtime for many years, nor was he given meal and rest breaks.
  • Dispute where plaintiff employee alleged breach of contract, fraud and intentional infliction of emotional distress against the hospital employer and plaintiff's manager.
  • Dispute where plaintiff alleged sexual harassment, wrongful termination, and wage and hour claims related to her employment in a restaurant.

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INSURANCE BAD FAITH

  • Dispute where a developer alleged that an excess carrier acted in bad faith when it denied a fire loss claim.
  • Dispute where plaintiff alleged insurance bad faith for the carrier's 8 month delay in paying a $100,000 UIM limit after getting a policy limit demand.
  • Dispute where an insurance company was sued for bad faith for failing to timely accept a policy limits demand from a plaintiff who had suffered multiple fractures of his dominant foot in an auto accident.
  • Dispute where a physician alleged that his individual disability carrier engaged in bad faith in denying his disability claim.
  • Dispute where a physician alleged that his malpractice carrier engaged in bad faith in refusing to defend and indemnify him from a tort claim by a former patient.
  • Dispute were a plaintiff alleged that its homeowners carrier engaged in bad faith in adjusting a fire loss claim.

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INSURANCE COVERAGE

  • Arbitrated numerous UIM cases.
  • Dispute where the plaintiff insurance carrier alleged it was not obligated to defend or indemnity defendant stores in underlying putative class action lawsuits.
  • UIM dispute where claimant suffered a rib fracture, fracture to the right patella and partial tear of patellar tendon, a small non-displaced fracture of T1, a TMJ injury and tooth chipping.
  • Dispute regarding repair work to be performed after water damage occurred in a bathroom and surrounding areas. Plaintiff alleged that mold remediation needed to be performed throughout the house, not just in the areas the carrier had agreed to correct.
  • Dispute regarding a subrogation claim by a carrier for property damage and extensive repairs caused by water leaks from a roof that had been removed and not yet replaced before a rainstorm.
  • Dispute regarding subrogation claim by carrier for extensive repairs made as a result of the failure of a water osmosis system.

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LEGAL MALPRACTICE

  • Dispute where plaintiff alleged that one attorney committed malpractice in drafting a pre-nuptial agreement and another attorney was negligent in drafting a trust restatement.

MEDICAL & DENTAL MALPRACTICE

  • Dispute where plaintiff alleged the defendant dentist improperly performed implant and root canal work.
  • Dispute where a thirteen year old girl alleged that a hospital committed medical malpractice by not ordering CT and MRI scans that what would have revealed a subdural hematoma.
  • Dispute where a twenty two year old man alleged that a hospital committed medical malpractice by not ordering CT and MRI scans that what would have revealed a subdural hematoma.
  • Arbitration of medical malpractice claims against Kaiser Permanente.
  • Dispute where plaintiff alleged medical malpractice as a result of the failure to diagnose a 4 cm tumor (GIST) in the lower bowel on a CT scan.
  • Dispute where plaintiffs claimed wrongful death as a result of medical malpractice. The decedent had a high risk of cancer from her family history and her own history (breast cancer and colon cancer). Plaintiffs alleged negligence for the failure of decedent's doctor to recommend removal of decedent's right ovary after she had a positive finding on a BRCA test (showing a 44% increased risk of ovarian cancer.)
  • Dispute where plaintiff alleged medical malpractice for the failure to timely diagnose and treat an abscess causing compression at T10 and T11, resulting in paraplegia with constant pain.
  • Dispute where a physical therapy patient's right leg buckled as he lifted his left leg to get onto a recumbent bike resulting in a tibial plateau fracture.
  • Dispute where plaintiff alleged medical malpractice as a result of the failure of defendants to provide a properly working electro cautery machine to stop plaintiff's acute post-operative bleeding in her throat.
  • Dispute where plaintiff alleged defendant surgeon negligently cut the ulnar nerve during a surgery.
  • Dispute where plaintiff was given an overdose of pain medication after hip surgery and suffered post traumatic stress disorder.
  • Dispute where plaintiff developed fat atrophy from a Kenalog injection into the upper right hip/buttocks area.
  • Dispute where plaintiff alleged medical malpractice case for failure to send a left breast biopsy to pathology for 6 months.
  • Dispute where plaintiff alleged dental malpractice during a root canal after bleach being used in the mouth splashed into plaintiff's right eye causing 2nd degree then 3rd degree burns.
  • Dispute where plaintiff alleged dental malpractice against a dentist who performed a full mouth extraction. During a required follow-up surgery by an oral surgeon plaintiff's blood pressure became very elevated. An ambulance called and plaintiff had a cardiac arrest in ambulance, and suffered hypoxic brain injury leaving him in a coma.
  • Dispute where plaintiff alleged dental malpractice in performing extensive restorative dental work over several years.
  • Dispute where plaintiff alleged that defendant dentist negligently placed 3 implants too close to other teeth.

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PERSONAL INJURY

  • Dispute where a woman who had verbally insulted and threatened the girlfriend of one of the defendants alleged she was soon thereafter attacked by one of the defendants who ran up to her, threw her down on the ground, and jumped on her causing her to suffer a broken clavicle, a broken scapula, and 3 broken ribs.
  • Dispute where plaintiff alleged she was injured and suffered an L1 compression fracture when a sailboat capsized in the waves off of Point Loma. Defendant alleged the compression fracture must have happened in an earlier snowboarding accident on a fall down some stairs.
  • Dispute where a five year old girl suffered mild traumatic brain injury as a result of slipping on water on the floor of a fast food restaurant.
  • Dispute where a plaintiff alleged sexual abuse against a major league baseball player.
  • Dispute where a plaintiff alleged that a general contractor was responsible for her catastrophic personal injuries including a double amputation.
  • Dispute where an 8 year old girl was bitten in the face by a pit bull owned by a neighbor when she was at a sleepover at the neighbor's house.
  • Dispute where plaintiff was injured in an auto accident and claimed he suffered a brain injury and needed surgery at the C5-6 and C6-7 levels.
  • Dispute where a 64 year old plaintiff suffered numerous serious injuries when he answered a female homeowner's call for help with her two pit bull dogs who were fighting in her house.
  • Dispute where plaintiff was hurt in a car accident that caused a 6 mm bulge at L5-S1 that was indenting on the thecal sac.
  • Dispute where a plaintiff alleged he was hit by security personnel for a bar/restaurant after he tried to get in without paying the cover charge. This caused him to fall down and hit his head on the concrete sidewalk, resulting in the loss of his sense of smell.
  • Dispute where plaintiff accidently cut off part of his left index finger when he was sawing off rotted roof eaves on a house owned by defendant.
  • Dispute where plaintiff who was using a Chase 24-hour teller was hit on the head when mag locks fell from the door causing him to suffer PTSD, headaches and personality changes.
  • Dispute in a consolidated case where three plaintiffs alleged they suffered various injuries as a result of a three-car accident.
  • Dispute where plaintiff suffered 2nd degree burns on her buttocks after she sat on a box maintained by a utility company.
  • Dispute where plaintiff tripped on a poorly placed door stop at her church causing permanent pain and disability in her right elbow and arm.
  • Dispute where the heirs of a decedent sued for damage to decedent's body during transportation from the hospital to the mortuary.
  • Dispute where plaintiff was hit by a car while walking in crosswalk in downtown San Diego and suffered bulging discs at L3-4 and L4-5.
  • Dispute where plaintiff alleged she suffered serious cervical injury requiring fusion surgery as a result of an auto accident.
  • Dispute where a professional dancer alleged injuries to her left hip and left shoulder as a result of an auto accident.
  • Dispute where plaintiffs were hit from behind at an intersection by Sparkletts water truck.
  • Dispute where plaintiff tripped and fell at a public entity parking structure close to a train station.
  • Dispute where plaintiff alleged that she suffered serious injuries when she tripped on a hole in a concrete box maintained by a cable company while watching a parade.
  • Dispute where a hawk (hired by the park to chase away sea gulls) attacked a service dog at an amusement park.
  • Dispute where a homeless bipolar plaintiff suffered broken bones after he tripped over a raised sidewalk area at night.
  • Dispute where a card table and chairs purchased from a store collapsed an caused a partial amputation of plaintiff's middle finger.

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PROBATE, ESTATES & TRUSTS

  • Disputes between family members over the distribution of real and other property under trusts.

REAL PROPERTY

  • Dispute regarding alleged breach of a joint venture to acquire, operate and sell investment real property (apartments). Plaintiff alleged that he was improperly shut out of three real estate investment acquisitions.
  • Dispute regarding fraud and non-disclosure and breach of contract arising from the purchase of commercial real property (with both commercial and residential units) that had work done on them without proper permits.
  • Dispute alleging nondisclosure in the sale of a single family residence that was listed has having four rental units. Before close of escrow plaintiff purchasers learned of a citation issued by the City of San Diego regarding code and permit violations. Plaintiff alleged that the sellers agreed to pay all costs to correct the citation and allow the property to be rented as four units. Defendant alleged that they agreed to correct the citation for the property as a single family residence.
  • Dispute where plaintiffs alleged trespass and harassment by the condo homeowners’ association in entering their premises without permission and taking their possessions, improperly turning off their utilities, and having their car towed to try to force plaintiffs to leave a condo they had rented that was foreclosed upon by the bank.
  • Dispute where plaintiffs alleged defendants were liable for improper and negligent construction during the remodeling of a million dollar plus home, and fraud during the sale of the home.
  • Dispute where a contractor sued for failure to pay for work performed on houses being flipped.
  • Dispute where plaintiff sued for the return of their deposit, and recovery of their due diligence expenses and attorney fees due to the alleged breach of a purchase and sale agreement by defendant.
  • Dispute between adjacent homeowners in Rancho Santa Fe regarding an alleged license or easement on a golf cart path providing access to the Rancho Santa Fe Golf Course.
  • Dispute where plaintiff alleged that defendant was required to fully remediate gas contamination on real property that was discovered before the close of escrow. Defendant alleged that the remediation costs were limited to the amount stated in an escrow addendum that was to be kept in escrow and used for the remediation.
  • Dispute where the plaintiff tenant alleged he suffered serious injuries from mold contamination in his rented beach cottage.
  • Dispute where both parties sought to quiet title to real property.
  • Dispute where a commercial sublessor sued for rent allegedly owed by the sublessee.
  • Dispute where a real estate broker alleged he was owed commissions as a result of exclusive listings to sell two homes.
  • Dispute where a tenant claimed she had to close her health related business due to a termite infestation that was not corrected by the landlord.
  • Dispute where a homeowner sued a grading contractor alleging they had performed grading work improperly.
  • Dispute regarding the return of a deposit for a residential property purchase agreement. Plaintiffs demanded the return of the entire deposit after learning the square footage of the residence was less than stated.
  • Dispute where plaintiff, the lessee of a mobile home, alleged she had suffered serious personal injuries due to mold contamination.
  • Dispute between rural neighbors regarding allegedly improper use an easement for access.

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