Hon. David H. Brickner (Ret.)

T: 714-939-1300
F: 714-939-8710
Business/Commercial

In his 20 years on the bench and after handling over 400 mediations and arbitrations, Judge Brickner has tried, settled, mediated, or arbitrated numerous business/commercial matters. His business/commercial experience encompasses a broad range of legal issues including:

  • Banking
  • Commercial paper
  • Contract
  • Condemnation
  • Construction defect (including mold)
  • Corporations
  • Equitable indemnity
  • Equity
  • Insurance
  • Inverse condemnation
  • Municipal law and tort liability
  • Nuisance
  • Partnerships
  • Private attorney general
  • Riparian rights
  • Statutory actions
  • Unfair competition
  • Wrongful termination



Representative Matters

  • Action under UCC for the sale of high-tech goods involving issues of acceptance, rejection, and warranty
  • Breach of contract action by disappointed parent against sperm bank
  • Breach of contract by steel sub-contractor in construction of multi-million dollar college athletic facility
  • Breach of contract for sale of electrical power involving issues of contract construction, PUC regulation, and exigencies of the power crisis
  • Breach of contract for the sale of a yacht
  • Breach of contract on sale of cleaning establishment
  • Breach of contract on sale of smog inspection station
  • Complex insurance coverage case involving Canadian product, American carriers, and Australian consumer
  • Contract action involving complex financing of large land development project
  • Dispute involving county tax assessment against fast-food outlet
  • Dissolution of closely-held corporation sought based on alleged corrupt acts of directors
  • Dissolution of large land-development partnership
  • Fraud and breach of contract dealing with export business handling products from South Africa
  • Partnership dissolution/buy-out of a multi-million dollar office high rise
  • Reformation of contract sought in order to recover real property from religious cult
  • Shareholder derivative actions alleging looting of corporation by officers
  • Specific performance of CAR form contract for the purchase of undeveloped real property
  • Unfair competition action alleging fraudulent misappropriation of trade secret customer lists from telephonic psychic network
  • Unfair competition action by large manufacturer against competitor for allegedly using trade secret customer and product information
  • Unfair competition dispute involving the misappropriation of a sports celebrity's image for commercial purposes

Honors, Memberships, and Professional Activities

  • "Neutral's Bag of Tools Includes Humor, Honesty," Los Angeles Daily Journal, July 15, 2005
  • 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
  • "JAMS Neutral David Brickner prods both sides to settle," Daily Journal, ADR Profile, October 24, 2014

Background and Education

  • 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

Disclaimer

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