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David Hunter

Hon. David E. Hunter (Ret.)

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Case Manager
John Peterson
T: 415-774-2609
F: 415-982-5287
Two Embarcadero Center , Suite 1500 , San Francisco , CA 94111

Hon. David E. Hunter (Ret.), as a judge in Alameda County for 34 years, resolved over one thousand civil cases in settlement conferences. Judge Hunter’s extensive experience includes presiding over hundreds of jury trials and trying dozens of criminal and civil trials as a trial lawyer prior to his judicial service. Judge Hunter’s expertise in resolving cases is recognized both by the lawyers who have appeared before him and by his fellow judges. On the bench, Judge Hunter earned a reputation for pushing parties to consider settlement where appropriate. He is noted for serving as settlement judge in clergy abuse cases throughout the Bay Area and beyond, individually negotiating and resolving over 80 cases. Additionally, he was often given Complex Civil Litigation Calendar case assignments.

As a mediator, Judge Hunter takes an engaged, evaluative approach, using his extensive experience as a Superior Court Judge to facilitate the parties’ recognition of legal and evidentiary issues and urge changes of positions to facilitate settlement. Based on his experience as a trial judge in several thousand cases, Judge Hunter, as an arbitrator and discovery referee, is insightful in getting to the heart of the relevant issues and decisively arriving at a fair resolution

ADR Experience and Qualifications

  • For over 16 years, Judge Hunter has presided over a wide range of cases, exclusively in civil litigation, including breach of contract, civil RICO, commercial litigation, construction defects, elder abuse, employment, healthcare (writs of mandate by medical doctors after exhaustion of peer review proceedings), insurance coverage, landlord-tenant (wrongful eviction, habitability, mold/environmental), lemon law, medical malpractice, patent ownership, personal injury, professional liability, products liability, public entity breach of contract, real property, receiverships, toxic torts, trade secrets, trusts and probate, and writs of mandate
  • General litigation practice for over 10 years with concentration in personal injury, business/commercial wills and probate where he regularly represented parties in mediation and arbitration proceedings

Representative Matters

  • Business/Commercial
    • In re: SCADA Cases, JCCP 004364, complex coordinated cases involving San Francisco Water District’s SCADA system, four-month jury trial
    • Pacific Coast Container, Inc. v. Zim American Integrated Shipping Co., RG07-330657, maritime contract dispute involving interpretation of Uniform Intermodal Interchange and Facilities Access Agreement, Court’s judgment affirmed by Court of Appeal
    • Cortes v. Cortes, RG08-369935, fraud, breach of fiduciary duty, unjust enrichment
    • Safeway v. Pivotal, 2001-028498, breach of contract involving anti-trust issues, judgment affirmed by Court of Appeal
    • Vilorio v. Hayward Toyota, 2002-066308, lemon law case, judgment affirmed by Court of Appeal
    • JP Morgan v. Jaber, RG11-563755, appointment of receiver after default on promissory note/commercial security agreement
  • Elder Abuse/Sexual Abuse
    • Bergman v. Wing Chin, H-205732-1, first elder abuse case ever tried by a jury on the issue of the failure of a healthcare provider to properly treat pain; jury verdict of $1.5 million. Plaintiff’s counsel states that some of the current CACI jury instructions were modeled after the jury instructions in this case.
    • Brian B. v. Jonathan Tampico, V-016546-8, sexual abuse of a minor, court disallowed defendant’s expert’s testimony, court’s decision affirmed by Court of Appeal
    • As settlement judge, negotiated and resolved 56 Clergy III abuse cases pending in Alameda County including cases pending in the Court of Appeals. Subsequently mediated clergy cases pending in San Francisco, Santa Clara, San Mateo, and Contra Costa Counties
  • Employment
    • Pico v. Regents, 2002-060035, disability discrimination case
    • Margaret Dufresne v. City of Hayward, 2002-067063, hostile work environment, sexual harassment, and retaliation, judgment affirmed by Court of Appeal
    • Mayne v. Northern California Carpenters, RG07-350175, violation of CFRA rights, retaliation, disability discrimination – disparate treatment
  • Intellectual Property
    • Mohanrao v. Jaiswal, 2002-071195, trade secret and patent ownership case
    • Numerous intellectual property related discovery disputes
  • Landlord-Tenant
    • Davis v. Busk, 2004, negotiated a settlement for 124 tenants against their landlord for almost $4,000,000
    • Numerous cases involving Rent Ordinance Violations
  • Personal Injury/Torts
    • Raimondi v. Ford Motor Co., H-197262-5, products liability case based on a design defect. Plaintiff sustained catastrophic injuries. Verdict over $51 million, judgment affirmed by the Court of Appeal
    • Helm, Streed, Krasky v. Lincoln Air Conditioning, RG07-346948, three air traffic controllers claimed injuries sustained from toxic fumes emitted from a sealant used by defendant on plaintiffs’ job site, judgment affirmed by the Court of Appeal
    • Jones v. Eden, VG04-153398, toxic mold case and related insurance coverage issues, three-month jury trial
    • Noushfsar v. Shayesteh, CH-195769-5, Civil RICO case, Court’s judgment affirmed by the Court of Appeal
    • Abousleiman v. Walgreen, RG10-520010, defamation and privacy
    • Koopen v. Aberle, HG06-266136, boat accident resulting in a catastrophic brain injury, jury verdict of nearly $6 million plus Court’s additur of $6 million
  • Professional Liability
    • Arnold v. Breza, 2002-077200, breach of fiduciary duty, removal of trustee, four-month jury trial 
    • Page v. Carper, 2001-018444, medical malpractice case involving VBAC delivery with uterine rupture resulting in catastrophic brain damage to infant, jury verdict of $14.8 million against hospital and doctor
  • Real Property
    • Libow v. Bronk, HG05-204057, prescriptive easement
    • City of San Leandro v. Bert & Johnnies, HG09-433947, eminent domain, issue was valuation, verdict $320,480 plus FF&E $283,695 
    • City of Livermore v. Miklyn, V-009629-4, eminent domain, issues: Porterville issues (195 Cal.App.3d 1260), number of takes, damages
    • Jadrine v. Fakaros, HG06-273461, runoff water damage to office building on adjoining property
    • Yang v. Cheng, RG09-444356, fraudulent transfer of real property
    • Curlett v. San Lorenzo Village HOA, 2002-075856, challenge to HOA’s CC&Rs disputing whether Civil Code Sections 1350, et seq. or California Corporations Code Section 7110, et seq. applied. Court’s judgment affirmed by Court of Appeal.
    • U.S. Telepacific v. Morrissey, RG08-425560, commercial lease dispute, Court’s judgment affirmed by Court of Appeal
  • Member, Alameda County Bar Association
  • Member, Alameda County Law Library Board of Trustees, 1985-Present
  • Trial Judge of the Year, Alameda-Contra Costa Lawyers’ Association, 2002
  • Municipal Court Judge of the Year, Southern Alameda County Bar Association, 1984 and 1989
  • Chair, Alameda County Judicial Coordinating Committee, 1982-1985
  • Member, Alameda County Law Library Board of Trustees, 1985-Present
  • Faculty, B. E. Witkin Judicial College of California, 1985
  • President, Association of Municipal Court Judges of Alameda County, 1980-1982
  • ADR Profle: "First Hand Advice," Daily Journal (Verdicts & Settlements), September 20, 2013
  • Judge, Superior Court of Alameda County, 1998-2012
    • Appellate Division of the Alameda County Superior Court, 2007-2008
    • Coordinated Judge, 1995-1997
  • Judge, San Leandro-Hayward Municipal Court, 1978-1995
    • Presiding Judge, four years
  • David E. Hunter, Attorney at Law, 1973-1978
  • Associate, Abel, Kyle & Hunter, 1967-1972
  • J.D., UC Hastings College of Law, 1967
  • B.A., Economics, Brigham Young University, 1964 
  • Foreign language: German
  • Owned and operated a 6,000-acre cattle ranch for 20 years

Counsel Comments

    "True to your word and reputation, you went to bat and put in significant overtime and energy to mediate the case to resolution against some tough challengers. Your kind touch and dedication...were unlike anything I'd ever seen from a mediator."

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    Specialties

    • Arbitration
    • Business/Commercial
    • Employment
    • Governmental/Public Agency
    • Intellectual Property
    • Personal Injury/Torts
    • Professional Liability
    • Real Property
    • Special Master/Discovery Referee
    Available nationwide

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    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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