Hon. David H. Brickner (Ret.)

T: 714-939-1300
F: 714-939-8710
Real Property
In his 20 years on the bench and after handling over 400 mediations and arbitrations, Judge Brickner has tried, settled, mediated, or arbitrated numerous real property matters. His experience encompasses a broad range of legal issues touching real estate disputes.

  • Adverse possession
  • Appraisals
  • Boundary disputes
  • Broker commission/liability
  • CAR forms problems
  • Easements: express, implied, and adverse
  • Eminent domain
  • Encumbrances
  • Failure to disclose
  • Fraudulent conveyance
  • Homeowners associations
  • Judicial foreclosure
  • Landlord-tenant
  • Nuisance
  • Partition
  • Quiet title
  • Slander of title
  • Specific performance of purchase contracts
  • Title insurance
  • Valuation

Representative Matters

  • Abandonment of an express easement, unused for 40 years and unknown to neighboring land owners
  • Action against developer of multi-dwelling tract for land subsidence
  • Action for inverse condemnation of office building by CALTRANS. This matter concerned apportioning the responsibility for damaging accumulations of rain water, allegedly resulting from altered drainage arising from the improvement of adjacent highway
  • Construction of major athletic installation at UCI; subcontractor steel provider sues to enforce change orders
  • Easement by prescription on commercial property, depending upon proof of adverse possession and the issue of consent
  • Interpretation of lease agreement revising lease payments in mobile home park where the lease had been executed decades before and was encumbered by vague and arguably conflicting terms
  • Title insurance problem respecting the establishment of Public Park within a private tract
  • Toxic cleanup of dry cleaner's location involving extent of the "plume" and cost of remediation
  • Valuation of 38 undeveloped ocean view lots inversely condemned by a municipality, trial required evaluation of numerous conflicting appraisal theories
  • Action against homeowners association for failure to maintain suit against another landowner for alleged CC&R violations
  • Dispute with city council regarding the granting and then withdrawal of approval for large land development project. Case presented questions of the council's power, in either the judicial or legislative arena, to annul a previously granted approval for construction
  • Eminent domain action involving condemnation and sale of privately owned water utility

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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