Kenneth D. Gack, Esq.

T: 415-982-5267
F: 415-982-5287
Real Property
As an ADR provider, Kenneth Gack, Esq. has served as both stipulated and a Court appointed special master, discovery referee, and mediator in real estate matters. He has mediated and arbitrated disputes arising from alleged non-disclosure against real estate agents and brokers, and mediated disputes concerning boundary-line related claims, including adverse possession, agreed boundary, and easements. Ken has considerable experience in agri-business related claims in a variety of mediations, including over 20 matters related to the wine and viticulture industry.

Ken has extensive experience litigating, mediating, and arbitrating real estate disputes over the last 25 years. As an “AV” rated litigator, he represented both plaintiffs and defendants in a wide variety of matters, including construction related claims, soil subsidence/stability disputes, habitability claims, and claims against real estate brokers and agents for alleged non-disclosure. He served as panel counsel for the California Association of Realtors, representing real estate professionals. Ken has served as a planning commissioner, and is conversant on land use, zoning, and general plan matters. Since joining JAMS in 1996, he has served as a neutral in thousands of matters.

Representative Matters

  • Adjoining parcels disputing their control and obligation rights and duties under a declaration of restrictions vesting managerial rights in only one parcel owner
  • Claims against seller and agent/brokers for alleged non-disclosure of flight path noise and vibration from emergency medical aircraft
  • Commercial parcel purchase where the purchaser seeks damages for failure to disclose the existence of a plan study with potentially significant impact on usage; sellers’ defenses include “imputed notice” and purchasers’ due diligence obligations
  • Common area maintenance (CAM) disputes between commercial landlords and tenants
  • Fire loss claims asserted by owners, tenants, and insurance carriers in subrogation; disputes often include uniform building code, fire safety, and product defect issues
  • Fraud claims against a mortgage broker for failures to properly evaluate the builder, his licensure status, and references
  • Habitability claims often involving bodily injury and insurance coverage issues in a variety of different settings, including urban, suburban, rural, and agricultural parcels and mobile home communities. Claimants are typically the “working poor,” including migrant workers.
  • Soil stability claims involving developers, design professionals, general and subcontractors, home owners associations, and individual homeowners

Honors, Memberships, and Professional Activities

  • Board Member, SEE International, 2014
  • Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013
  • Recognized as a ADR Northern California Super Lawyer, San Francisco Magazine, 2006-2013
  • Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004
  • President and Board Member, Legal Aid of Sonoma County, 2010-2012
  • Member, Association of Business Trial Lawyers
  • Member, San Francisco Trial Lawyers Association
  • Frequently requested lecturer on ADR and civil litigation
  • Member, American Healthcare Lawyers Association ADR Panel
  • ADR training includes the Advanced Mediation Training Program at the Pepperdine University Institute for Dispute Resolution, the National Association of Securities Dealers and California State Bar ADR Roundtables
  • "Gack's Got the Knack for Settlement," ADR Profile, Daily Journal, August 10, 2012

Background and Education

  • JAMS, 1996-present
  • Private practice emphasizing alternative dispute resolution services, 1994-1996
  • Founding and managing partner, James, Gack, Bernheim and Hicks, Santa Rosa, 1982-1994
  • Judge pro tem, Sonoma County Superior Court, 1983-present
  • J.D., Pepperdine University, 1976
  • B.A., Anthropology, Cal. State University, Dominguez Hills, 1973

Disclaimer

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

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