Special Master/Discovery Referee/Neutral Evaluator
Hon. James L. Warren (Ret.) is adept at acting as special master, discovery referee and CCP §§ 638 and 639 reference. He also specializes in acting as a neutral evaluator for individual clients and for professional evaluation service firms, such as jury consultants. He has managed a myriad of Discovery Referee matters. As a San Francisco Superior Court Judge, he developed a reputation for his diligence, tenacity, problem solving abilities, fairness, and his kind, yet firm manner. His work is widely respected, and his Court Reference protocol has set precedents.
Representative Matters
Special Master For All Purposes in consolidated construction defect class action cases involving multi-unit residential buildings in San Francisco; plaintiffs sought in excess of $87 million in damages
Special Master appointed by Court to process application for attorneys’ fees claimed to be in excess of $10 million
Served as Court appointed Special Master to determine prevailing party, reasonable attorneys’ fees, and costs in multi-million dollar insurance matter
Discovery Referee in eight consolidated cases involving allegations of racial and sexual harassment and discrimination
Discovery Referee in class action case involving the calculation of commissions based on sales of computer hardware and peripherals; the class sought damages in excess of $60 million
Discovery Referee in case involving interrelationship of private and quasi-public providers of utility products; plaintiffs sought damages in excess of $250 million
Discovery Referee in class action involving repossession and sale of automotive vehicles following default on loans offered by bank and other commercial lending institutions; plaintiff class sought damages claimed to be between $50 million and $200 million
Served as Discovery Referee in a dispute involving the acquisition of property for the development of a business and residential complex; the case involved allegations of misappropriation of trade secrets, and claims of unfair competition; Judge Warren’s discovery protocol developed for this case has subsequently been used by several Superior Court judges in California
Served as Discovery Referee in an e-discovery dispute related to production of stored computer data; the special appointment involved the identification of searchable databases, recovery of metadata, and international production of documents
Served as Discovery Referee in dispute involving the construction of a multi-unit residential complex in the San Joaquin Valley
Served as Discovery Referee in litigation involving insurance industry with allegations relating to theft of trade secrets, poaching of key personnel and their confidential information, and claims of unfair competition
Served as Court appointed Referee for all purposes in a major class action construction defect dispute that included allegations of fraud, negligent misrepresentation, and failure to disclose potential toxic pollution
Served as Judicial Referee in dispute between producer and non-profit intellectual property holder concerning a musical production contract, breach of lease, fiduciary duty, good faith and fair dealing, interference with prospective business advantage, and allegations of libel and slander
Neutral evaluator in insurance coverage matters following Hurricane Katrina; potential exposure exceeded $17 billion; issues involved coverage, excess lines, exclusions, contract interpretation, co-insurance agreements, and damages
Neutral evaluator in case brought by minority shareholders challenging corporate acquisition.; plaintiffs sought damages in excess of $400 million; issues involved insider trading, pricing, business valuation, antitrust considerations, disclosures and government investigations
Neutral evaluator in pre-litigation case involving cancellation of long term contract for the provision of telecommunications services based on asserted breach; the case raised serious causation and liability issues; plaintiff sought over $10 million in damages
Served on several occasions as Neutral Evaluator for professional organizations working with third party clients seeking independent judicial response to evidentiary and trial presentations
Served on multiple occasions as Neutral Evaluator for clients seeking independent judicial reaction to motion presentation and oral argument
