Hon. David I. Brown (Ret.) is a full-time mediator and arbitrator with JAMS, bringing over 46 years’ experience in the legal profession. In 2008, Judge Brown was appointed to the Sacramento County Superior Court. Starting in 2010, Judge Brown served in the Law and Motion Department and worked to eliminate the court’s backlog. From 2010 to 2021, he also served in the Civil Settlement Department, settling numerous personal injury claims, business and employment disputes, lemon law cases and professional negligence claims, among others.

Drawing from his extensive civil litigation experience as a lawyer, Judge Brown brings a balance of legal thinking and commonsense reasoning to each case. His extensive background in mediation and settlement conferences allows him to evaluate both factual and legal claims, and to help the parties reach reasoned resolution.

Judge Brown is known as a fair, detailed and reasoned neutral, respected by both plaintiffs and defendants. He was named Judge of the Year by the Capitol City Trial Lawyers Association in 2012 and Judge of the Year by the Sacramento Valley Chapter of the American Board or Trial Advocates in 2013. Those who have appeared before him have witnessed his fairness and settlement skills. A Daily Journal article included the following comments regarding Judge Brown:

• “[Judge Brown has] shown an open mind.”
• “His ego is not involved.”
• “He likes to engage in a healthy debate with the lawyers in open court […] he’s not someone who is afraid, if the arguments and evidence take him that way, to change his mind.”
• “He is an avid researcher.”
• “[Judge Brown] places a high importance on civility.”

Before his appointment to the bench, Judge Brown was a co-founder of the Law Offices of Bailey & Brown, where he had an extensive civil litigation practice, handling matters in the following areas: insurance litigation, personal injury, uninsured and underinsured motorist arbitration, professional errors and omissions, insurance coverage litigation, construction defect claims/litigation, employment litigation, administrative proceedings, elder abuse litigation and others. In addition to his civil litigation practice, Judge Brown provided private mediation and arbitration services to the legal community, helping to resolve over 300 cases.

Judge Brown has lectured extensively to various bar associations, at judges’ seminars and training sessions, and for other legal and law-related organizations, including the Sacramento Paralegal Association. He has lectured on many occasions for the Sacramento County Bar on law and motion matters, including e-discovery, name and gender changes practice, and attorneys’ fees and costs issues, as well as
creditor/debtor issues and lis pendens.

Representative Matters

• Automotive Disputes
• Numerous Song-Beverly Consumer Warranty Act claims, better known as California’s lemon law
• Disputes involving resolution of attorneys’ fees in lemon law cases
• Business/Commercial
• Numerous disputes between partners or co-owners as to management and possible dissolution of various business enterprises
• Numerous matters involving breach of contract and contractual interpretation
• Construction
• Numerous matters between contractors, subcontractors, developers and purchasers involving various construction defect claims
• Issues involving recoupment of indemnitee claims
• Disputes involving contractual interpretations
• Discovery
• Numerous discovery motions determining scope of discovery, granting and enforcement of protective orders, compelling responses to discovery, enforcement of subpoenas and motions to quash
• Elder Abuse
• Disputes regarding allegations of physical abuse and neglect by skilled nursing facilities, residential care facilities for elders, and hospitals
• Elder abuse claims involving assessments and regulatory penalties
• Numerous disputes over elder physical and financial abuse, undue influence, breach of fiduciary duties, conversion and fraud
• Employment Law
• Class actions and California Private Attorneys General Act cases arising out of a variety of legal settings, including employment and false advertising
• Numerous state and federal wage and hour claims involving waiting time, failure to pay overtime, meal and rest breaks, and minimum wage
• Gender discrimination and sexual harassment claims
• Numerous trials and settlements involving wrongful terminations, sexual discrimination, age discrimination, race/cultural background discrimination, sexual harassment and hostile work environment
• Health Care
• Health care provider claims for reimbursement from payors
• Contract disputes between health insurance plans and payors, including service agreements regarding hospitals
• Insurance
• Multiple cases involving coverage disputes, policy interpretation, excess coverage, construction defect coverage and fees/costs claims
• Disputes involving declaratory relief actions on insurance coverage/policy
• Personal Injury and Torts
• Binding arbitrations of personal injury matters involving uninsured motorist and underinsured motorist (UM/UIM) claims
• Arbitrator of insured and uninsured motorist accidents
• Numerous personal injury claims involving the litigation of hundreds of automobile cases, many to verdict
• Premises liability cases litigated to verdict
• Hundreds of summary judgment and summary adjudication motions related to premises liability; government tort claims; vehicle claims, including autos and commercial trucking; premises liability; and government tort exposure claims
• Product Liability
• Products liability litigation, including claims involving medical devices, construction equipment and vehicle defects
• Professional Liability
• Numerous claims for professional negligence and malpractice, including medical, legal, accounting, real estate errors and omissions, directors and officers liability and others.
• Real Estate & Real Property
• Arbitrator for business disputes involving commercial leaseholds and errors and emissions of real estate brokers/agents
• Foreclosure/HBOR claims involving both residential and commercial properties and interpretation of applicable statutes, both state and federal
• Claims for wrongful foreclosure on residences, involving banks
• Matters involving unlawful detainer cases on apartment buildings
• Securitization claims involving real estate and real property matters
• Tribal
• Tribal disputes, including numerous claims regarding taxation, and tribal liability issues

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• American Board of Trial Advocates
• Member, 1998–present
• President, Sacramento Valley Chapter, 2017–2018
• National Board Representative, 2018–present
• Co-Chair, National Committee for the Independence of the Judiciary, 2017–2020
• Anthony M. Kennedy Inns of Court
• Judicial Master, 2012–2016
• National Award for Best Program, 2017
• Center for Judicial Education and Research
• Member, Civil Law Curriculum Committee, 2015–2020
• Sacramento County Law Library
• Board Member, 2011–2020
• President, 2014–2020
• Member, Operation Protect and Defend
• Member, California Judges Association
• Sacramento Superior Court CommitteesRules Committees     
• Education Committee
• Chair, 2013–2017
• Jury Committee
• New Courthouse Committee
• Civil Advisory Committee
• Executive Committee, 2014–2018

• Judge of the Year, Capital City Trial Lawyers Association, 2012
• Judge of the Year, Sacramento Valley Chapter, American Board of Trial Advocates, 2013

Selected Faculty and Educational Programs

• Lecturer, “Master in Trial: Motions for Summary Judgement and Summary Adjudication,” American Board of Trial Advocates, 2020
• Presenter, “Attorneys’ Fees and Costs,” California Center for Judicial Education and Research Institute, 2018
• Presiding Justice, National Ethics Competition, 2017, 2019
• Lecturer, Monterey Conference, California Judges Association, 2015

Background and Education

• Judge, Sacramento County Superior Court, 2008–2021
• Co-Founder/Partner, Law Offices of Bailey & Brown, 1977–2008
• Judge, Pro Tempore, Sacramento Small Claims Department, 1985–1995
• Associate, Rust & Armenis, 1974–1977
• J.D., University of California, Davis School of Law, 1974
• Editor, Law Review, 1973
• B.A., cum laude, California State University, San Diego, 1971