Hon. Richard J. McAdams (Ret.) applies over 40 years of cumulative legal knowledge and experience in his approach to ADR. His exceptional 34 year judicial career began in 1977, hearing civil and small claims matters on the Santa Cruz County Municipal Court, where he was appointed Presiding Judge on four separate occasions. Prior to his election to the Superior Court in 1998, Justice McAdams was assigned full-time to the Superior Court family law calendar from 1994-1998. Thereafter, he handled the probate and civil department calendars for an additional five years in Superior Court. In 2003, Justice McAdams was elevated to the Sixth District Court of Appeal, where he served over seven years before joining JAMS.
In addition to his court duties, Justice McAdams is well regarded as one of the most notable and accomplished judges on California’s Appellate bench for his engagement and leadership in judicial education and administration throughout his career.
Justice McAdams’ appellate expertise in addressing, developing, and shaping uncharted law, such as in environmental and land-use disputes involving governmental agencies and regulations, combined with his research, writing, and managerial skills make him well-suited for arbitrations. His intellectual curiosity and creativity, as well as his compassionate demeanor and humane approach to dispute resolution, will benefit parties in highly emotional and contentious mediations, such as family law, personal injury, and elder care disputes.
ADR Experience and Qualifications
- Instrumental in the creation of Santa Cruz County Superior Court’s judicial mediation program; he personally mediated and resolved scores of civil, probate, and family law cases.
- Developed expertise in judicial administration, civil rules & procedure, and championed the benefits of mediation after joining the appellate bench, where he played a significant role in creating the Sixth District Mediation Program.
- Founded the Senior Citizens Legal Services, a nationally recognized non-profit law office specializing in elder law and seniors’ issues, which has become a model project for similar services around the country.
Representative Published Authored Opinions:
- Business/Commercial Contracts
- Exercise of jurisdiction over a foreign company based on the “representative services” doctrine is proper and reasonable. Dorel Industries, Inc. v. Superior Court (2005) 134 Cal.App.4th 1267
- California Uniform Trade Secrets Act preempts common law claims based on the same nucleus of facts presented in a misappropriation of trade secrets claim. K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939
- Licensor's tortious interference and breach of contract claims against a non-signatory assignee are “inextricably intertwined” with the obligations of the agreement containing the arbitration clause and are thus subject to arbitration based on the doctrine of equitable estoppel. Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696
- Environmental Law
- Negative declaration and proposed mitigation measures regarding impact of historic site demolition are insufficient in light of CEQA. Architectural Heritage Association v. County of Monterey (2004) 122 Cal.App.4th 1095
- City’s reliance on a legally sufficient environmental impact report and rejection of project alternatives based on public policy considerations are not in violation of CEQA. California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957
- Family Law
- Disability insurance policy benefits accrued prior to marriage are properly considered separate property and are not subject to division or apportionment upon dissolution. IRMO Rossin (2009) 172 Cal.App.4th 725
- Self-employed spouse’s reinvestment of funds in order to diversify and maintain a company’s existence are reasonable expenses properly chargeable to the business and therefore improperly considered as income for purposes of determining spouse’s support obligation. IRMO Blazer (2009) 176 Cal.App.4th 1438
- Government/Public Entities
- CFAC’s request for the County’s geographic information system (GIS) base map under the California Public Records Act (CPRA) was improperly denied; disclosure is not prohibited under the Federal Homeland Security Act or copyright law and the base map is not exempt under the CPRA. County of Santa Clara v. Superior Court (California First Amendment Coalition) (2009) 170 Cal.App.4th 1301
- Invalidation of agency’s redevelopment plan was proper where necessary findings of blight were not supported by substantial evidence in the administrative record. County of Los Angeles v. Glendora Redevelopment Project (2010) 185 Cal.App.4th 817
- Personal Injury
- Summary judgment was properly granted in a wrongful death action arising from a personal watercraft collision, based on primary assumption of risk. Truong v. Nguyen (2007) 156 Cal.App.4th 865
- Homeowner’s posting of an open party invitation on a social networking website does not create a legal duty to protect guests from an unforeseeable risk of harm. Melton v. Boustred (2010) 183 Cal.App.4th 521