Hon. David S. Cohn (Ret.) joins JAMS following 23 years of distinguished service as a Superior Court judge for the County of San Bernardino. Before his appointment to the bench, Judge Cohn spent 16 years in private practice as a litigator.
Judge Cohn founded and presided over the Complex Civil Division of the Superior Court for San Bernardino, handling employment class actions, consumer class actions, Private Attorneys General Act (PAGA) cases and a variety of complex, multiparty business disputes. Before serving in the Complex Division, Judge Cohn handled a wide variety of civil disputes, including those involving personal injury, medical malpractice, sexual harassment and discrimination, wrongful termination, breach of contract, construction defect and property boundaries. He also handled litigation brought under the California Environmental Quality Act (CEQA) and other writs of administrative mandate.
In addition to his extensive civil experience, Judge Cohn presided over a substantial family law calendar, overseeing marital dissolutions, division of assets and debts, spousal and child support, child custody and domestic violence matters. He also spent several years presiding over felony jury trials, treatment courts (drug court, mental health court, veterans court and homeless court) and juvenile dependency court.
Throughout his judicial career, Judge Cohn focused on resolving cases informally, bringing parties with divergent views together to reach meaningful compromise. He was also instrumental in implementing a policy of requiring informal discovery conferences (IDCs) prior to the filing of discovery motions, resolving more than 90% of such disputes without litigation. He also participated in the court’s annual Settlement Week, successfully mediating a variety of civil disputes.
In addition to his experience in the courtroom, Judge Cohn served multiple terms as presiding judge and assistant presiding judge of the court’s appellate division. He also served as supervising judge of the Victorville Courthouse and served multiple terms on the court’s executive, budget, civil and family law committees.
Prior to his appointment to the bench in 2003 by Gov. Gray Davis, Judge Cohn maintained a litigation practice focused on complex business, professional liability and insurance bad faith matters. He provided coverage opinions for insurance companies and supervised insurance fraud investigations. In addition, he handled pro bono matters, served as an election lawyer for the Democratic Party, supervised and taught high school students volunteering as poll watchers in connection with their civics classes and taught civil procedure as an adjunct professor of law at California Southern Law School in Riverside from 1996 to 2000.
Representative Matters
- Class Action
- Mediated and settled a consumer class action involving an allegedly mislabeled consumer product
- Settled numerous class actions between employees and employers concerning alleged Labor Code violations (unpaid overtime, meal and rest break penalties, workplace health and safety issues, etc.)
- Employment Law
- Presided over a large Private Attorneys General Act (PAGA) case involving wage and hour claims between hospital employees and hospital administration
- Presided over a wrongful termination case based on a mental health diagnosis
- Presided over numerous petitions for writs of administrative mandate resulting from public employment termination and discipline
- Estate Probate Trusts
- Presided over a long-cause probate trial between heirs to a multimillion-dollar estate with multiple commercial properties
- Family Law
- Mediated and settled a marital dissolution case involving a restaurant business and multiple real property valuations
- Presided over a long-cause domestic violence and child custody case involving First Amendment issues arising from religious belief and practice
- Presided over a juvenile dependency case with multiple medical experts addressing claims of alleged Munchausen by proxy
- Mediated and settled a domestic violence case between attorneys in which judges and attorneys were material witnesses
- Government, Public Agency and Environmental
- Handled lawsuits between public agencies and private marijuana distributors concerning licensure disputes and unlicensed operations
- Health Care
- Presided over dispute between a private medical insurer and a public hospital regarding reasonable and necessary charges by the hospital for thousands of insured patients
- Personal Injury
- Presided over a catastrophic personal injury case resulting in traumatic brain injury
- Presided over a wrongful death suit arising from a multiparty automobile accident due to an allegedly defective road design
- Real Property
- Presided over several land use disputes involving proposed housing developments, shopping centers and other construction projects brought under the California Environmental Quality Act (CEQA)
Honors, Memberships and Professional Activities
- Kaufman-Campbell Award, San Bernardino County Bar Association, 2026
- U.S. Army Freedom Team Salute (Veterans Court), 2009
- Best Practices Award, State of California Council on Mentally Ill Offenders, 2009
- Distinguished Service Recognition Award, Juvenile Dependency Drug Court, 2009
- Wiley W. Manuel Pro Bono Services Award, State Bar of California, 1994
- Pro Bono Publico Distinguished Service Award, San Diego Volunteer Lawyer Program, 1993
Speaking Engagements
- Presenter, “Selecting and Managing Juries for San Bernardino Judges,” 2025
- Speaker, “Class Action Litigation,” Los Angeles County Bar Association, 2021
Publications
- “Offensive Use of the Insanity Defense: Imposing the Insanity Defense Over the Defendant’s Objection,” 15 Hastings Constitutional Law Quarterly 295, 1988
Community Service
- Board of Directors, Temple Sinai Palm Desert, 2026
- Patron/Volunteer, Temple Sinai Palm Desert, 2024–2026
- President’s Council, Aquinas High School, 2011–2014
- Board of Directors, YMCA of the East Valley, 2003–2009
- Board of Directors, Redlands Chamber Music Society, 2008–2013
- Board of Directors, Congregation Etz Hadar, 1996–2000, 2008–2009
- Board of Directors, Grove High School (Charter School), 2000–2002
Professional Background and Education
- Superior Court Judge, San Bernardino County, 2003–2026
- Partner, Lewis Brisbois Bisgard & Smith, 1996–2003
- Associate, Borton Petrini & Conron, 1994–1996
- Associate, Gray Cary Ames & Frye (now DLA Piper), 1989–1994
- Associate, Dorazio Barnhorst & Bonar, 1987–1989
- J.D., magna cum laude, University of San Diego School of Law, 1987
- B.F.A., U.S. International University, 1974
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