Skip to main content
BACK TO RESULTS
BACK TO RESULTS

Hon. David H. Brickner (Ret.)

  • In-person
  • Virtual
Home Office: Orange County, California View More
Contact Case Manager
Brickner David 900x1080
Brickner-David-horizontal.png

Hon. David H. Brickner (Ret.) joined JAMS following 20 years of distinguished service with the Orange County municipal and superior courts after his time as a trial attorney in private practice. He has conducted over 800 successful mediations along with numerous arbitrations. Judge Brickner maintains a diverse practice including Business/Commercial, Employment, Health Care, Insurance, Personal Injury, and Real Property cases, among others.


Judge Brickner is highly-regarded for his intellect, innovation and decisiveness. He efficiently manages each case by streamlining the process and demonstrating a keen ability to identify and focus on the important issues of each matter. Judge Brickner also has extensive experience serving as a discovery referee and special master.
 

ADR Experience and Qualifications

  • Arbitrated and mediated hundreds of cases within a wide range of practice areas including Business/Commercial, Employment, Health Care, Insurance, Personal Injury and Real Property
  • 20 years of experience on the bench, following a robust legal practice as a private trial attorney

Representative Matters

Antitrust & Competition

  • Partnership dissolution matter involving an auto dealership
  • Unfair competition action lodged by large manufacturer against competitor for alleged use of trade secret customer and product information

Business Commercial

  • Complex matter involving two separate cross-complaints for negligent failure to comply with statutory duty involving an educational institution, an electrical supply store, and a technological service provider
  • Arbitrated a breach of contract matter involving an American auto racing team and alleged unpaid fees
  • Action under UCC for the sale of high-tech goods involving issues of acceptance, rejection, and warranty
  • Breach of contract action by dissappointed parent against sperm bank
  • Breach of contract for sale of electrical power involving issues of contract construction, PUC regulation, and exigencies of the power crisis
  • Dispute involving county tax assessment against fast-food outlet
  • Dissolution of closely-held corporation sought based on alleged corrupt acts of directors
  • Fraud and breach of contract dealing with export business handling products from South Africa
  • Partnership dissolution/buy-out of multi-million-dollar office high rise
  • Reformation of contract sought in order to recover real property from religious cult
  • Shareholder derivative action alleged looting of corporation by officers
  • Specific performance of CAR from contract for purchase of underdeveloped real property
  • Unfair competition action alleging fraudulant misappropriation of trade secret customer lists from telephonic psychic network
  • Unfair competition dispute involving the misappropriation of a sports celebrity's image for commercial purposes

Disaster Relief

  • Fire Victims Trust (PG&E) appellate neutral for more than two dozen claims, in distribution of a settlement brought by uninsured and underinsured homeowners
    • Valuation of destroyed personal property, including high value collections of rare coins, slot machines, manuscripts, paintings, jewelry, sports memorabilia
    • Valuation of emotional distress claims
    • Completed appeals under strict deadlines

Employment Law

  • Disparate impact discrimination matter against large engineering firm
  • Sexual harassment where subordinate submitted to an affair with her superior
  • Wrongful termination in breach of public policy where employee discharged for missing time by prosecuting her personal civil action
  • Commission disputes involving sale of electrical power; sale of cosmetics; sale of computer hardware/software
  • Disparate impact action by groups of employees based on theory of religious discrimination at large engineering firm
  • Sexual harassment by secretary in plumbing supply company; sexual harassment alleged by dental assistant
  • Wrongful demotion and termination cases based on sex and marital status bias
  • Wrongful termination based on pregnancy discrimination and failure to allow pregnancy leave
  • Wrongful termination from large manufacturer based on theory of unequal application of policies based on ethnic bias

Estate Probate Trusts

  • Mediation of probate matter involving holographic will, undue influence, creditor rights, and testamentary capacity

Health Care

  • Arbitration for breach of contract claim between health insurance company and hospital over refusal of third party audit/financial review to take place
  • Arbitration for breach of contract matter between health insurance company and hospital based on provider participation agreement
  • Court reference for dispute involving fraud and abuse claims
  • Mediation for dispute involving insurance billing practices between doctor and hospital

Insurance

  • Actions against insurance brokers where broker allegedly negligently failed to secure adequate coverage
  • Complex insurance coverage dispute involving Canadian product, American carriers, and Australian consumer
  • Complex insurance director’s and officer’s coverage action involving two large Las Vegas condominium entities

Intellectual Property

  • Copyright infringement accomplished by hacking into security protections and engaging in unauthorized downloading of protected material

Personal Injury

  • Elder abuse alleging improper care by skilled nursing facility
  • Innumerable auto injury cases involving soft tissue injuries
  • Mediation of numerous personal injuries arising from Metrolink train wreck

Professional Liability

  • Legal professional liability matters involving unpaid attorney fees
  • Medical malpractice case involving catastrophic injury

Real Property

  • Breach of contract action involving complex financing of large land development project
  • Breach of contract by steel sub-contractor in construction of multi-million dollar college athletic facility
  • Fraudulent failure to disclose material defect in sale of multi-million dollar mountain property
  • Numerous homeowner association matters involving enforcement of CC&Rs
  • Valuation of 38 undeveloped ocean view lots inversely condemned by a municipality, trial required evaluation of numerous conflicting appraisal theories
  • Numerous cases involving leases, land use, and easements 

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS. 

 
  • Adjunct Professor of Law, Western State University College of Law, Fullerton, California
  • Author, “Brickner’s Bits” column, previously published in the Los Angeles Daily Journal
  • Member, Orange County Superior Court Executive Committee, 1998
  • Member, California Judges Association, 1982-present
  • Board of Directors, Children's Home Society, Santa Ana, 1981-1985
  • Member, American Bar Association, 1970-1983
  • Member, Orange County Bar Association, 1968-1983 (Board of Directors, 1982)
  • Past President, Barristers Club, Orange County, 1975-1976
  • Past President, William Gray Inn of Court, 2003-2004

ADR Profiles

Background and Education

  • Pepperdine School of Law, Straus Institute STAR Mediation Program, 2003
  • Judge, Orange County Superior Court, 1986-2003
  • On assignment, Court of Appeal, 1984 (published two opinions)
  • Judge, Municipal Court, West Orange County Judicial District, 1983-1986
  • Private law practice, civil litigation and criminal law, 1972-1983
  • Deputy District Attorney, Orange County, 1969-1972
  • Lieutenant, United States Navy, 1962-1965
  • J.D., UCLA, School of Law, 1968
  • B.A., Stanford University, 1961

Virtual & In-Person Locations

Home Office

  • Orange County, CA

Available to Travel To

  • Atlanta, GA
  • Boca Raton, FL
  • Boston, MA
  • Century City, CA
  • Chicago, IL
  • Dallas, TX
  • Detroit, MI
  • Houston, TX
  • Inland Empire, CA
  • Las Vegas, NV
  • London
  • Los Angeles, CA
  • Miami, FL
  • Minneapolis, MN
  • New York, NY
  • Philadelphia, PA
  • Phoenix, AZ
  • Sacramento, CA
  • San Diego, CA
  • San Francisco, CA
  • Santa Rosa, CA
  • Seattle, WA
  • Silicon Valley, CA
  • St. Louis, MO
  • Toronto, ON
  • Walnut Creek, CA
  • Washington, DC

Virtual hearings available nationwide

News & Insights

Events

Scroll to top