David Brickner

Hon. David H. Brickner (Ret.)

JAMS Mediator, Arbitrator, Referee/Special Master, Hearing Officer

Case Manager
Nicole Burns
T: 714-937-8250
F: 714-939-8710
5 Park Plaza, Suite 400, Irvine, CA 92614


Judge Brickner has arbitrated a large variety of matters ranging from personal injury, real estate broker commissions, computer software, employment, construction defect, insurance bad faith, quiet title, partition, derivative actions, medical corporations, real property valuation, trade secret, attorney's fees, breach of lease, premises liability, mobile home park, wills and trusts, goods sold and delivered.

Judge Brickner has arbitrated the following representative matters, among many others.

Representative Arbitrations

  • Alleged breach of lease in shopping center caused by water intrusion
  • Alleged trespass and intentional infliction of emotional distress caused by noisy neighbors and cigarette smoke
  • Auto accident allegedly causing tendonitis
  • Bad faith action arising from carrier’s failure to pay indemnity wherein insured settled case without consent
  • Copyright infringement accomplished by hacking into security protections and engaging in unauthorized downloading of protected material
  • Derivative action based on allegations certain shareholders in restaurant operation were taking excessive salaries
  • Distribution of trust assets among contentious family members
  • Premises liability/common carrier issues arising from injury occurring on amusement park ride
  • Real estate agent’s claim against broker for broker’s failure to pay commission on completed property sale
  • Real estate agent’s claim for brokerage fee on completed sale of home
  • Real estate broker seeking commission on sale of restaurant property and business
  • Retention of deposit by seller upon breach by buyer of agreement to purchase hotel
  • Sale of house with many defects, raising the issue of whether transfer disclosure statement revealed the defects
  • Suit by home buyer against retail home seller for construction defects
  • Suit by insurance carrier against its agent for negligence in processing claim
  • Suitability and functionality of custom software program
  • Title company as subrogee
  • Wrongful termination of real estate agents
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS. 

  • Adjunct Professor of Law, Western State University College of Law, Fullerton, California
  • Author, “Brickner’s Bits” column, previously published in the Los Angeles Daily Journal
  • Member, Orange County Superior Court Executive Committee, 1998
  • Member, California Judges Association, 1982-present
  • Board of Directors, Children's Home Society, Santa Ana, 1981-1985
  • Member, American Bar Association, 1970-1983
  • Member, Orange County Bar Association, 1968-1983 (Board of Directors, 1982)
  • Past President, Barristers Club, Orange County, 1975-1976
  • Past President, William Gray Inn of Court, 2003-2004

ADR Profiles

  • Pepperdine School of Law, Straus Institute STAR Mediation Program, 2003
  • Judge, Orange County Superior Court, 1986-2003
  • On assignment, Court of Appeal, 1984 (published two opinions)
  • Judge, Municipal Court, West Orange County Judicial District, 1983-1986
  • Private law practice, civil litigation and criminal law, 1972-1983
  • Deputy District Attorney, Orange County, 1969-1972
  • Lieutenant, United States Navy, 1962-1965
  • J.D., UCLA, School of Law, 1968
  • B.A., Stanford University, 1961

Counsel Comments

    • "In our mediation, Judge Brickner cut right to the core issues and, with his persistent efforts, was able to help us settle our case." 

      – Orange County Attorney
    • “Judge Brickner is good at cutting to the core issues in the case and is skilled at bringing the parties to agreement.”



Practice Areas

  • Arbitration
  • Business/Commercial
  • Employment
  • Health Care
  • Higher Education & Title IX
  • Insurance
  • Personal Injury/Torts
  • Professional Liability
  • Real Property
Available nationwide


This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More