Hon. Jack Komar (Ret.)

T: 408-288-2240
F: 408-295-5267
Available nationwide
Business/Commercial

Judge Jack Komar (Ret.) has extensive experience settling and managing complex cases acquired during more than 24 years of service on the Santa Clara County Superior Court bench. In 2000, Judge Komar initiated a voluntary mediation program for all unlimited civil cases upon stipulation of the parties to settle cases before large sums are expended on discovery and law and motion.

As the sole Complex Litigation Judge for eight years, Judge Komar has heard and decided complex issues of fact and law in numerous challenging business/commercial cases. His experience makes him a highly regarded neutral, particularly because of his objectivity, fairness, and efficiency in managing all types of business matters.

 
Representative Matters

  • Case involving breach of contract, breach of the covenant of good faith, unfair completion and concealment as well as a claim of wrongful termination of distributorship contract and disputes involving the scope of territory and products
  • Matter involving a collection agency’s breach of contract for preventing the earning of the claimant’s commission
  • Corporate dissolution case which involved the alleged violation of exclusivity provisions, a defamation claim, and claims of improper surgery and billing
  • Case involving the purchase of a cell phone and the inability of service providers, other than the one from which it was purchased, to activate the phone for the consumer
  • Mediated matter involving the right to reversionary interest
  • Claims of economic damages after ethnic discrimination and threats of physical harm
  • Successfully mediated claims against a private company billing residents for waste collection and tax services for their alleged breach of the standard of care
  • Actions against banks, title companies, and escrow holders seeking recovery for damages resulting from fraudulent activities of a mortgage broker who perpetrated a Ponzi scheme on unwitting individual lenders
  • Express and implied warranties in sale of assets of business, breach of fiduciary by general partner of limited partnership, right of inspection of books and records of limited partnership, partnership agreement interpretation
  •  Suits concerning officer/director responsibility for merger/acquisition decisions; officer/director corporations; stock option back dating, corporate waste, mergers/acquisitions, non-competition agreements
  • Claim in bankruptcy for failure of the debtor corporation to pay for chips fabricated by the claimant (a Taiwan company) and the debtor company claimed product defect as a defense and claimed an offset of the entire $16 million owed
  • Contractual dispute over road maintenance and repair involving owner, easement grantee, and two wireless cable tower owners with easements and maintenance responsibilities
  • Suit against guarantee of debtor in bankruptcy with fraud and misrepresentation allegations, trustee intervention
  • Claims of fraud in stock sales
  • Claim of widow of founder of corporation on options of stock shares
  • Joint venture investments, agreements breached
  • Lease termination; property not restored to former standards
  • Mediation about false advertising and FDA violations regarding animal food products

Honors, Memberships, and Professional Activities

  • Member, California Judicial Council, 2002-2005
    • Chair, Litigation Management Committee supervising all litigation in California involving courts and court judicial and other personnel, 2004 and 2005
    • Vice Chair, Executive and Planning Committee, 2003-2005
    • Member, Science and the Law Steering Committee, 2006
  • Past President and immediate past Chairman of the Board of Directors, National Conference of Metropolitan Courts
  • Charter member, American Inn of Court (William Ingram Chapter) (Since 1985)
  • Member, American Bar Association, the National Conference of Metropolitan Courts, the California Judges Association, and the Santa Clara County Bar Association
  • Taught Judicial and Continuing Education Courses as lawyer and judge

Background and Education

  • Judge, Superior Court, Santa Clara County, CA, 1985-2009 (Presiding Judge, 1999-2000; Assistant Presiding Judge, 1997-1998)
  • Private Practice, San Jose, CA, 1969-1985
  • Professor of Law, contract law, Lincoln University Law School, 1970-1984
  • Deputy District Attorney, Santa Clara County, 1966-1969
  • Trial Attorney, U.S. Dept. of Justice, Washington, D.C., 1965-1966
  • J.D., (Order of the Coif), University of California Hastings College of the Law, 1965; Thurston Society; Hastings Law Journal Staff
  • B.A., San Jose State University, 1962
  • United States Navy, 1954-1958 Honorable Discharge

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