Hon. Rick Sims (Ret.) brings to his alternative dispute resolution practice 30 years of judicial experience on the superior and appellate courts where he heard a wide range of civil disputes and conducted numerous settlement conferences. While serving on the Third District Court of Appeal, he was the Chairman of the committee responsible for designing and implementing the Court’s highly successful Appellate Mediation Program. Before joining the bench, Justice Sims handled hundreds of disputes through trial or settlement as a San Francisco trial lawyer for twelve years, specializing in construction law.
Justice Sims is known for his faithful and intelligent application of the law. Justice Sims is recognized for his balanced approach, using good humor to overcome impasse and keep parties at ease, while evaluating and upholding the integrity of matters at issue.
ADR Experience and Qualifications
- Served 28 years as an Associate Justice on the Third District Court of Appeal where he conducted numerous settlement conferences and decided cases involving sufficiency of evidence, propriety of jury instructions, and reversible error
- Twelve years of experience as a trial lawyer, where he handled hundreds of disputes through trial or settlement
- Specialized knowledge of commercial and residential construction law as a trial lawyer who handled complex construction disputes involving breach of contract, defect, cost overrun, delay/disruption, and coverage issues, among others
- Extensive experience with business and insurance disputes including breach of contract, duty to defend, and indemnity obligations in insurance contracts, licensing, and unfair competition
- Experience on the bench in a wide variety of matters involving employment, personal injury, commercial and residential real estate, civil rights, public policy, regulatory, insurance coverage/bad faith, medical and legal malpractice, product liability disputes
Representative Matters
- 300 DeHaro Street Investors v. Department of Housing and Community Development (2008) 161 Cal.App.4th 1240. Case involving landlord claims of breach of contract against Department of Housing and Community Development based on discriminatory refusal to increase rents in low-income housing unit.
- Chevron Stations, Inc. v. Alcoholic Beverage Control Appeals Bd. (2007) 149 Cal.App.4th 116. Handled appeal of suspension of Chevron’s license to sell alcohol under violation of Administrative Procedure Act (APA).
- Christoff v. Union Pacific Railroad Company (2005) 134 Cal.App.4th 118. Handled appeal in a personal injury case involving a pedestrian hit by a train as he was crossing a railroad bridge.
- Louie v. BFS Retail & Commercial Operations, LLC (2009) 178 Cal.App.4th 1544. Matter involving claims of alleged violation of California's Disabled Persons Act (DPA).
- Myers v. Trendwest Resorts, Inc. (2007) 18 Cal.App.4th 1403. Handled appeal of summary judgment in matter involving claims against employer under the California Fair Employment and Housing Act (FEHA), including hostile-environment sexual harassment by supervisor.
- Myers v. Trendwest Resorts, Inc. (2009) 178 Cal.App.4th 735. Handled appeal of judgment following a jury trial in the preceding case.
- Slovensky v. Friedman (2006) 142 Cal.App. 4th 1518. Claims of legal malpractice and breach of fiduciary duty following settlement of toxic mold personal injury complaint against an apartment complex. Woodside Homes of California, Inc. v. Superior Court (2006) 142 Cal.App.4th 99. Handled action by homeowner alleging construction defects in home involving contractual provision requiring disputes to be settled by reference to a referee.
- Handled breach of contract and fraud claims involving supplier of mobile generating units to the United States Navy and the generator manufacturer
- Handled matter involving claims brought by Cal-Trans alleging excavations by a major Northern California housing developer caused a freeway to move
- Handled power allocation negotiations between a major United States aluminum company and the Bonneville Dam
- Litigated claims of alleged defects in design and construction of a major California city’s community theatre
- Litigated claims of defective air conditioning units against manufacturer of units brought by a community college