Stacy L. La Scala, Esq.

T: 714-939-1300
F: 714-939-8710

Stacy L. La Scala, Esq. is a highly regarded mediator who has resolved a wide array of disputes, including construction, insurance, business/commercial, and professional liability matters.

Mr. La Scala began his neutral career in 2011 following 21 years as an attorney handling complex, multi-party litigation involving construction, construction defect, insurance, commercial, and contract disputes. In private practice, Mr. La Scala represented a wide variety of entities, including businesses, individuals, policyholders and insurance companies. In addition to his legal career, Mr. La Scala was a regional director for the southwest United States and eventual National litigation director for a large property casualty insurer. Mr. La Scala’s experience also includes serving as a Judge Pro Tem for the San Diego Superior Court. Mr. La Scala knows the issues important to all litigants involved in a case and is able to work closely with the parties to foster resolution.

Mr. La Scala is also an accomplished author and lecturer. In addition to many articles, he is co-author of Thomson Reuters’ treatise California Civil Practice: Torts, 2013-2017 editions.

Representative Matters

  • Business/Commercial
    • Breach of contract, fraud, and misrepresentation claims related to cost-plus construction agreements
    • Commercial business interruption claim stemming from hotel construction deficiency claims, loss of use, and impact on goodwill of business
    • LLC disputes over member distributions and claims of mismanagement
    • Thoroughbred horseracing disputes between partnership members, managers, trainers and veterinarians
    • Triple net lease dispute between commercial landlord and tenant
    • Business income and expense losses arising from property damage claims
  • Construction
    • Multi-million-dollar resolution of mixed-use commercial/residential action with ten ancillary suits—including bad faith, contribution, and subrogation actions
    • Commercial warehouse property owner claim against exterior coating contractor for alleged improper installation of elastomeric coating system
    • Tier 1 subcontractor lien claim against apartment building owner and general with counter claim of under bid, improper work order requests and deficient construction
    • Multi-story office building and parking structure dispute involving structural deck deficiencies
  • Construction Defect
    • Numerous single-family mass action disputes involving 1 to 300 homes against general contractors, developers, subcontractors, and suppliers
    • Numerous HOA claims of deficient construction against developers and general contractors
    • Individual condominium owner claims against HOAs for violation of CC&Rs (Davis Sterling Act)
    • Custom Homes:
      • Custom home actions by owners against bulders for construction defects
      • High end custom home dispute with allegations of improperly designed and constructed ventilation
      • Custom home construction claim of deficient installation of building envelope, windows, decks and foundation systems
    • Remodels:
      • 1930s historic home renovation claims of improper remodel construction and overcharges
      • 1940s historic home renovation claims of improper design, construction and materials
      • Numerous room addition disputes with claims of overcharges, improper accounting and defects
  • Engineering and Construction
    • Government/Public Work
      • Municipal water district claim against general contractor, asphalt installation contractor and asphalt supplier for deficient construction and delay claims
      • Private University claim of deficient construction and delay damages arising from the design and installation of a water retention basin, park space and library restoration project
      • Municipal water district claim against well drilling contractor for deficient landing of hydro monitoring wells resulting in subsidence
      • Public entity action against builder, tier 1 and tier 2 subcontractors
      • Subcontractor action against general contractor for delay and contract damages arising from freeway underpass construction
      • Subcontractor claim against builder and public university for delay claim in the design/build installation of HVAC systems in multiple engineering buildings
      • Railroad (Transit District) dispute with prime contractor involving heavy rail bridge construction
  • Health Care
    • Medical practice dispute among LLC doctors involving medical building and operation center
    • Failed sale of family medical practice dispute including broker negligence allegations
    • Dental partnership dispute involving accounting, management and dissolution issues
    • Medical practice group claims of defective construction on new medical treatment facility, including building envelope and window deficiencies
    • Medical practice group claims against trenching subcontractor for loss of use and loss of profits in contamination of operating center
  • Insurance
    • Wild Fires – Numerous policy holder property owner claims for first party property coverage following both complete and partial property damage due to wild fires, including disputes over valuation, coverage, appraisal and ALAE
    • Business fire bad faith claim (property damage and commercial income/expense losses) against first party carrier and action against repair contractor for overcharges and defective construction
    • Primary and Additional insured carrier Buss actions against insureds
    • Insurance §11580 actions by both judgment creditors and assignees to insured’s claims
    • CGL policy with pollution endorsement dispute involving property damage and bodily injury claim arising from containment field breach of energy storage system
    • Bad Faith
      • Developer/General Contractor bad faith claims against additional insurers on multiple underlying projects for failure to timely respond and/or defend
      • Homeowner bad faith claims against property policy for water intrusion in high end custom home
      • First party bad faith claims involving denial of coverage arising from property fire losses
    • Subrogation/Contribution
      • Subrogation action by carrier against its insured, co-carriers, and subcontractors for re-allocation of defense fees and costs
      • Numerous contribution actions among carriers involving defense and indemnity claims
      • Subrogation actions involving multi-million-dollar indemnity claims among primary and excess carriers, including evidence and timing of exhaustion of policies
  • Professional Liability
    • Architect negligence claim involving deficient waterproofing details
    • Structural engineering claim involving deficient load calculations for mid-rise apartment complex
    • Designer negligence in high end remodel high end home roof and ceiling systems
  • Real Property
    • Landlort/Tenant Matters
      • Triple net lease disputes by commercial building owners and master lease holders against tenants
      • Building owner actions against tenants and property carriers for property losses
      • Presided over numerous disputes as Judge Pro-Tem for San Diego Superior Court, including:
        • Wrongful eviction claim by landlord of tenant growing marijuana on premises
        • Tenant action against tenants in common for failure to pay rents and maintain premises
        • Alleged wrongful eviction by tenant based upon assertion of owner move in rights
        • Tenant action for wrongful eviction, failure to provide proper notice pursuant to Cal. Civ. Code §1161 and wrongfully withheld security deposits
        • Landlord action to terminate lease and obtain lost rents (Cal. Civ. Code §1951)
        • Landlord action for possession and past due rent
        • Tenant action for constructive eviction due to alleged mold infestation

Honors, Memberships, and Professional Activities

  • ADR Trainings
    • National Conflict Resolution Center, Mediation Skills Training, 2010
  • Memberships
    • American Bar Association - Forum on Construction Law and Litigation Sections
    • California Board of Realtors, 2010-2013
    • California Horse Racing Board - Licensed Owner, 2002-2006
    • Claim and Litigation Management Alliance - Mediator/Arbitrator Member, 2016 - Present
    • United States District Court - Northern, Central & Southern Districts, 1990-present
  • Recent Publications
    • Co-Author, Thomson Reuters’ treatise Torts (California Civil Practice Series), 2013-2017 editions
    • Chapters on Arbitration; Bad Faith Actions; Duties of Insurer; Duties of Insured; Declaratory Relief Actions; Complaints and Cross-Complaints in Bad Faith Actions; Answers and Pretrial Proceedings in Bad Faith Actions
  • Recent Seminars/Presentations
    • Presenter, “Reallocation Actions and Settlement Agreements: What did we settle?”, Orange County Bar Association, Newport Beach, CA., August 2017
    • Panelist, “Leveling The Playing Field To Avoid Problems Down The Road”, West Coast Construction Defect Seminar, Anaheim, CA., May 2017
    • Moderator, Riverside Superior Court Judges Roundtable, Construction Defect Claims Managers Biannual Meeting, Anaheim, May 2017
    • Presenter, “Ethics in Alternative Dispute Resolution”, Multiple Law Firms throughout California, 2016-2017
    • Moderator, “Groundhog Day – Negotiating Settlement Agreements to Avoid Re-Litigation”, 2016 Claims Litigation Management National Construction Conference, San Diego, CA., September 2016
    • Presenter, “Reallocation Actions – Round 2 Actions the New Normal, Orange County Bar Association, Newport Beach, CA., August 2016
    • Panelist, “If it Ain’t Broke, It Doesn’t Pay to Sue: Why Products Claims in CD Cases Are Not Easy Money,” West Coast Casualty Construction Defect Seminar, Anaheim, CA, May 2016
    • Panelist, “Summary Judgments & Their Impact Across Multiple West Region States,” MC Consultants Construction Litigation and Insurance Coverage Conference, San Diego, CA, September 2015
    • Speaker, “Crawford Collections, Insurer Interventions, and Additional Insured Buyouts: A ‘New Normal’ in Litigation and Mediation of CD Claims?” Construction Defect Claim Managers Association, San Diego, CA, September 2015
    • Speaker, “Vanishing AIS and Crawford,” California Developer and General Contractor Counsel, San Diego, CA (March 2014) and Los Angeles, CA, February 2014
    • Speaker, “Owner Controlled Insurance Programs (OCIPS)/Wraps and SIRS,” May 2013
    • Panelist, “Can Coverage Issues be Resolved Prior to Mediation?” MC Consultants Construction Litigation and Insurance Coverage Conference, San Diego, CA, September 2012
    • Speaker, “Additional Insured Endorsements and Contractual Indemnity Provisions,” Burlington Insurance Company, 2006
  • ADR Profiles
    • "People Savvy," ADR Profile, Daily Journal, August 11, 2017

Background and Education

  • Full-time Mediator, Arbitrator, Settlement Referee, and Special Master, Arbitration, Mediation & Conciliation Center, 2011-2015
  • Partner, La Scala & Associates, 2008-2011
  • Attorney, Selman Breitman LLP, 2007-2008
  • Attorney, Weston & McElvain LLC, 2003-2007
  • Attorney, Travelers Insurance, 1997-2003
    • National Litigation Director – Construction Defect Claim Department
    • National Trial Committee Director
    • Regional Claims Director – California, Nevada & Arizona

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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