Hon. David A. Garcia (Ret.)

T: 415-982-5267
F: 415-982-5287
Employment

Hon. David Garcia (Ret.) has been a full time neutral at JAMS since 2002, where he has mediated and arbitrated hundreds of cases, including numerous employment matters.  Prior to coming to JAMS, Judge Garcia served 20 distinguished years on San Francisco's municipal and superior courts and was widely recognized as one of the best law and motion judges in the San Francisco Bay Area.

 

Fluent in English and Spanish, Judge Garcia has experience in a wide variety of employment cases, including wage and hour class actions, all types of discrimination cases, wrongful termination, and employment cases involving theft of trade secret allegations.  Judge Garcia has experience acting as a special master/discovery referee in employment matters as well.  He is known for his energy, intelligence and thoughtful decision making process, while remaining sensitive to the parties involved and the various complexities of the dispute. Please request or click here to download the Spanish version of this document.

Representative Matters

Discrimination

  • Successfully resolved dispute involving alleged religious discrimination
  • Successfully resolved multiple disputes involving alleged wrongful termination and sexual orientation discrimination
  • Successfully resolved multiple pregnancy discrimination cases
  • Mediated and resolved an alleged wrongful termination and race discrimination issue between an employee and a major telecommunications corporation
  • Mediated and settled a disability employment dispute and related medical malpractice issue between a major airline and a university hospital
  • Successfully mediated numerous race, age and gender discrimination disputes

Employment and Trade Secrets Issues in Business Disputes

  • Successfully settled a complex multi-party breach of contact franchising dispute involving former employee theft of trade secrets allegations
  • Mediated and settled contract dispute involving wrongful termination allegations between a company in the re-organization process in Germany and a California corporation

Sexual Harassment Claims

  • Mediated numerous cases involving allegations of sexual harassment

Wage and Hour Matters, including Class Actions

  • Successfully mediated multiple single employee and multi-party wage and hour disputes
  • Mediated and resolved multiple wage and hour class actions, including claims brought under the Private Attorney General Act (PAGA)

Wrongful Termination

  • Successfully mediated and settled contract dispute involving wrongful termination allegations between a company in the re-organization process in Germany and a California corporation
  • Successfully settled a complex multi-party franchising dispute involving breach of contract and wrongful termination allegations
  • Successfully mediated a matter involving a highly compensated executive alleging wrongful termination
  • Successfully mediated an executive compensation contract dispute involving wrongful termination allegations and shareholder interests
  • Successfully resolved dispute involving alleged wrongful termination and wrongful eviction of a former leasing agent
  • Successfully resolved an employment matter involving the alleged wrongful termination of a tailor at a clothing company

Honors, Memberships, and Professional Activities

  • Author of various publications about litigation and ADR in a variety of practice areas, including real estate, employment and commercial litigation, including Rutter Group Landlord Tenant Practice Guide
  • Founder and Board Member, Alta Vista Elementary School, San Francisco, 2009-present
  • Member, California Judges Association, 1983-present
  • Member, San Francisco Conservation Corps, 1987-2000
  • Member: Planning Committee, CJER, Civil Proceedings Bench-Book Project; Planning Committee, CJA Annual Conference, 1990
  • Mayoral appointee, San Francisco Employment and Training Council, 1978-1982
  • "Scholarly Approach," Daily Journal, ADR Profile, October 31, 2014

Background and Education

  • Judge, San Francisco Superior Court, 1990-2003
  • Judge, San Francisco Municipal Court, 1983-1990
  • General Counsel/Executive and Legal Affairs Secretary, California Fair Employment and Housing Commission, 1978-1982
  • Partner, Private Practice, San Francisco, 1974-1977
  • Managing Attorney/Staff Counsel, Neighborhood Legal Assistance Foundation, Mission Law Office, San Francisco, 1971-1973 and 1973-1974
  • Professor of Law, University of San Francisco School of Law, 1974-1983
  • LL.M., Yale Law School, 1971
  • J.D., University of San Francisco School of Law, 1970
  • B.A., University of San Francisco, 1967

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

Garcia_David_Employment_875