Hon. Mary E. Wiss (Ret.) served on the San Francisco Superior Court for 24 years, where she presided over cases in the Complex, Civil, Criminal, and Probate divisions. Judge Wiss was the first woman assigned to the Complex Litigation Department in San Francisco. While there, she presided over class actions, Judicial Council coordinated actions, PAGA actions, construction litigation, insurance litigation and other complex matters. She also has significant experience in probate and trust matters, having served as presiding judge of the court's Probate Division. In addition, she served as a justice pro tempore on the California Court of Appeal, First District.
Judge Wiss has tried hundreds of cases, including tort, insurance, construction, probate and criminal trials. Throughout her career, she presided over hundreds of settlement conferences and judicial mediations.
Prior to her appointment to the court, Judge Wiss handled a broad range of tort litigation, including personal injury and wrongful death, product liability and medical negligence, and mediated numerous matters to resolution.
Judge Wiss is known for her thorough preparation, attention to detail and efficient management of complex matters. She brings a calm, even-handed approach to every case and is respected for her fairness and impartiality. In mediation, she quickly identifies the parties' key objectives and the issues that may impede resolution, helping them evaluate options and work toward resolution.
Representative Matters
Business Commercial
- Presided over a jury trial involving counterclaims relating to an option agreement to purchase commercial property, including claims of breach of contract, intentional and negligent interference with economic advantage, and applicability of a force majeure clause
- Presided over monthslong settlement discussions regarding derivative shareholder claims, alleged interested director transactions, breach of fiduciary duty, dilution of corporate stock interest, aiding and abetting, foreclosure issues, corporate waste and derivative claims for conversion
- Presided over a claim for injunctive and monetary relief regarding access to internet service, telecommunications and preemption by the FCC
- Presided over and decided numerous motions concerning entitlement to and amount of attorney fees, costs, and prejudgment interest
- Presided over litigation among general and limited partners in related investment funds; claims included fraud, embezzlement, misrepresentation and breach of fiduciary duty
- Presided over a court trial involving counterclaims regarding entitlement to stock options following a merger of companies; claims involved fraud, negligent and intentional misrepresentation, violation of Business & Professions Code § 17200, breach of contract and breach of fiduciary duty
- Presided over a breach of contract case against a company and individuals involving a claim to advertising revenue generated by network, website and app clicks
Class Action
- Presided over numerous class action matters involving discovery issues, Pioneer issues, class notice, certification, settlement approval, and attorney fees
- Presided over class action on behalf of students alleging breach of contract arising from an increase in student fees
- Presided over Judicial Council Coordinated Proceeding involving hundreds of claimants regarding a medical device
- Presided on numerous motions regarding electronic discovery addressing scope and breadth of discovery requests, search terms, allocation of costs, and burden
Construction
- Presided over settlement discussions extending over several months in a Judicial Council Coordinated Proceeding regarding numerous parties involved in the construction of public buildings
- Presided over multiple cases alleging defective residential construction, including motions and discovery issues
- Presided over a trial involving a seller of residential property regarding construction defects resulting in water intrusion
- Conducted numerous settlement conferences in cases involving construction defects
Employment Law
- Presided over litigation involving claims of sex discrimination, disparate treatment and disparate impact, retaliation, and wrongful termination against a tech company
- Presided over a trial involving retaliation against a whistleblower
- Presided over settlement negotiations in a case involving a claim for failure to pay commissions and wages and a claim for failure to reimburse business expenses, including a claim under California Business & Professions Code § 17200
- Presided over numerous employment-related matters involving PAGA wage and hour, wrongful termination, and discrimination
Estate Probate Trusts
- Presided over wide variety of probate, trust and conservatorship matters while assigned to and supervising the Probate Division, including:
- Probate petitions, including the appointment of executors and personal representatives, distribution of assets, surcharge, accountings, will interpretation and contests, and attorney fees
- Trust petitions, including trust administration, removal of trustees, breach of fiduciary duty, accounting irregularities, requests for surcharge and attorney fees
- Conservatorship petitions, including priorities, suitability, termination, breach of fiduciary duty, mismanagement, embezzlement, misappropriation, and elder abuse
- Adjudicated claims of contingent beneficiary against executor for failure to disburse estate, breach of fiduciary duty and request for surcharge, including claims for accrued interest
- Presided over an extended trial involving will and trust contest with legal questions centered on undue influence, testamentary capacity, and execution formalities
- Presided over a trial among siblings alleging mismanagement of trust/estate and claimed misappropriation of assets
- Presided over several trials alleging undue influence and lack of capacity in executing testamentary documents
- Presided over numerous cases with allegations of elder physical abuse and financial abuse, including requests for protective orders and other relief
Insurance
- Presided over a jury trial and equitable nonjury trial involving claims of breach of insurance contract, breach of good faith and fair dealing, fraud, and aiding and abetting
- Presided over a lengthy trial involving interpretation of insurance contract language and coverage issues relating to more than 100 excess policies
- Presided over a trial requiring the interpretation of an insurance contract and the duty to defend arising out of proceedings relating to an Arizona water project before the Department of Interior Board of Contract Appeals
Mass Tort
- Presided over a multiparty dispute regarding claims of elder and nursing home abuse at a care facility for the elderly and impaired
- Presided over a trial to allocate insurance policy settlement proceeds among multiple plaintiffs severely injured in a tour bus accident
- Presided over litigation involving a prosthetic medical device, including rulings on FDA preemption, jurisdiction and venue
Personal Injury
- Presided over a lengthy jury trial involving a multimillion-dollar claim of injuries to a tech executive arising out of an auto accident
- Presided over a jury trial in an action arising out of a collision between a vehicle and a scooter driver
- Presided over a jury trial involving a claim of civil rights violations and a violation of the Bane Act
- Presided over a trial arising out of a slip-and-fall at a restaurant, resulting in brain damage
- Presided over numerous personal injury and wrongful death cases, ruling on:
- Motions to limit expert testimony under Sargon and Sanchez
- Damages issues, including Howell motions and provider liens
- Pretrial and trial motions to exclude or limit evidence
- Post-trial issues, including motions to tax and motions for attorney fees
- Presided over numerous personal injury and wrongful death trials pertaining to asbestos exposure, including discovery disputes, dispositive motions and motions in limine; subjects included exposure to asbestos-containing products and issues regarding negligence, product liability and the government contractor defense
- Conducted hundreds of settlement conferences in a vast array of personal injury claims, including auto, slip-and-fall, premises liability, dangerous condition of public property, product liability and bicycle-, scooter- and pedestrian-related injuries
Professional Liability
- Presided over litigation involving a claim of accountant malpractice
- Presided over a trial involving a claim of dental malpractice relating to tooth extractions and implants
- Presided over litigation involving a claim for legal malpractice in a matter involving the use of source code and entitlement to royalty payments
- Presided over a medical negligence trial regarding claims of medication overdose, wrongful death, and emotional distress
- Presided over a jury trial regarding a claim that a physician failed to prescribe antibiotics
Real Property
- Presided over a claim of fraud and violation of California Business & Professions Code § 17200 against a property owner arising out of construction of unpermitted residential units
- Presided over a dispute regarding a commercial lease, including competing claims relating to tenant improvements and failure to pay rent
- Presided over a phased trial involving a commercial lease and the failure to prevent the intrusion of sewage water and water leaks, including issues of alter ego, application of attorney fees provision and prejudgment interest
- Presided over litigation involving claims of negligence, breach of implied covenant of quiet enjoyment, breach of rent ordinance, and constructive eviction
- Presided over a landlord/tenant case involving claims of wrongful eviction, harassment, retaliation, unfair business practices, nuisance, assault and battery, and punitive damages
- Presided over a claim for injunctive and monetary relief regarding access to internet service, telecommunications, and preemption by the FCC
- Presided over numerous claims for partition of real property, including claims among siblings
- Presided over a dispute involving a claim by a property owner against their neighbor, architect, engineering company, and contractor, alleging construction undermined the adjacent property and damaged the property
Honors, Memberships & Professional Activities
Honors
- Trial Judge of the Year, San Francisco Trial Lawyers Association, 2010
Memberships
- Northern California Chapter, Association of Business Trial Lawyers, 2016–2024
- Board of Directors, 2016–2024
- California Judges Association 2001–2026
- President, 2009
- San Francisco Trial Lawyers Association 1981–2001
- President, 1997
- The Lawyers’ Club of San Francisco,1981–2001
- President, 1994
- Queen’s Bench, 1981–2026
- President, 1988
- Consumer Attorneys of California (formerly California Trial Lawyers Association), 1981–2001
- Board of Governors, 1995
- Kaiser Permanente Arbitration Advisory Committee 1999–2001
Publications
- Co-Author, California Tort Damages, California Continuing Education of the Bar, 2002
- Co-Author, Chapter 10: Physical and Mental Examinations, California Continuing Education of the Bar, 4th Ed., 2006
- Update Author, California Tort Damages, California Continuing Education of the Bar, 1995–2001
- “Legal Lore for Advocates,” San Francisco Attorney, Spring 2009
- “Judges’ Perspective: Wheeler Motions: Overlooked and Underused in Civil Cases,” California Civil Litigation Reporter, Volume 27, Number 3, June 2005
- “Ten Lessons on the Art of Losing,” USF Lawyer, Summer 2003
- “Hear No Evil, See No Evil, Speak No Evil: Voir Dire to Sensitize and Synthesize Your Jury,” Forum, Vol. 26, No. 4, May 1996
- “A Prescription for Deposing the Doctor,” American Law Institute, The Practical Litigator, March 1994
- “Overlooked Damages—An Alert,” California Trial Lawyers Association, Forum, Jan./Feb. 1992
- Consultant to California Continuing Education of the Bar for California Civil Procedure During Trial, 3rd Ed., “Use of Discovery Materials,” 1992
- “Checklist Pleading: The New Wave,” San Francisco Barristers, Mar./Apr. 1982
Speaking Engagements
Judge Wiss has been a frequent speaker with the California Center for Judicial Education (CJER), teaching judges on various subjects, including civil litigation, probate, settlement, and statements of decision. In addition, she has been a speaker at numerous programs, including:
- American Bar Association
- ABA Life Sciences Legal Summit, 2015, 2017, 2018
- ABA Motor Vehicle Program, 2018, 2019
- The Woman Advocate – Discovery, 1993
- American Law Institute/American Bar Association
- Litigating Medical Malpractice Claims, 1993–2008
- American Board of Trial Advocates
- Civility, 2009–2010
- Masters in Trial, 2010
- Final Argument Trial Demonstration, 1993
- Antitrust, UCL & Privacy Law Section, California Lawyers Association, Second Annual “Celebrating Women in Competition Law in California,” 2018
- Association of Business Trial Lawyers (ABTL)
- Beyond the Basics: Advanced Mediation Insights to Resolve Complex Disputes, 2026
- ABTL Leadership Development Committee, Conversation With Justice Rodriguez, 2025
- Bar Association of San Francisco/San Francisco Medical Society
- Breast Cancer Forum, 1992
- Bar Association of San Francisco
- Bench Bar Conference: High-Profile Cases, 2025
- Probate Boot Camp: Discovery After Death, 2025
- Making and Responding to Motions During and After Trial, 2024
- Expert Witnesses: Why, When and How, 2023
- Use of Investigators in Litigation: Gumshoe Edition, 2020
- Ethical and Practical Challenges: How to Effectively Communicate With a Client With a Perceived Mental Impairment, 2018
- Bench Bar Conference, 2004
- California Judicial Education & Research (CJER)
- Primary Assignment Orientation, 2019–2026
- Statements of Decision, 2024–2026
- Probate and Mental Health Training: LPS Holds and Conservatorships, 2012–2014
- LPS Conservatorships and Holds, 2011–2015
- Overlaps, “But I Thought I Was a Civil Judge,” 2005
- Consumer Attorneys of California (California Trial Lawyers Association)
- “Women in Action: Spotlight on Women Trial Lawyers,” 1998
- “Using Your Theme to Eliminate Bias,” 1997
- “Hear No Evil, See No Evil, Speak No Evil – Voir Dire to Sensitize and Synthesize the Jury,” 1995
- “Home Runs—Effective Techniques for Rebuttal,” 1994
- “Bring Out the Best in Your Star Witness—Direct Examination of the Expert,” 1993
- “Statutes of Limitation—The Bane of Trial Lawyers,” 1985
- California Continuing Education of the Bar
- Discovery: Strategies and Tactics for Success, 1998
- Effective Direct and Cross-Examination, 1995
- Negotiating Personal Injury Settlements, 1991, 1994
- Fundamentals of Civil Litigation Before Trial, 1990, 1993, 1997
- Approaching a Personal Injury Case, 1993
- Preparing and Examining Expert Witnesses in Civil Litigation, 1992
- Gathering and Proving Medical Evidence, 1991, 1995
- Preparing and Examining Expert Witnesses in Civil Litigation, 1990
- Emory University, UC Berkeley and UC Irvine; First Joint Coordination Conference of State and Federal Judges; 2018
- Fireside Chat: State and Federal Coordination Strategy
- The Mediation Society
- Mediation 2008: How the Process Has Evolved
- Real Property Law Section, California Lawyers Association
- “Private Judging and Mediation: It Is Not the Wild West Anymore,” 2017
- The Rutter Group
- Premises Liability, 1997
- Santa Clara University School of Law
- Civil Trial Skills Seminar: Opening Statement Trial Demonstration, 1994
- Final Argument Trial Demonstration, 1993
- San Francisco Trial Lawyers Association
- Class Actions. 2018
- Effective Medical Evidence at Mediation and Arbitration, 1997
- Medicine for Attorneys, “The Silent Witness—How to Win With Demonstrative Evidence,” 1993
- Arbitration, 1992
- Depositions, 1991
- Women’s Caucus: Views from the Bench, 2021
- Alameda County Women Lawyers
- “Attorneys’ Fees in Personal Injury Cases,” 1986
- United States District Court for the Northern District of California
- Negotiation Skills and Settlement Techniques, 1991
- Federal Practice Program, “Negotiation Skills and Settlement Techniques—Overcoming Barriers to Negotiated Resolution,” 1989
Background & Education
Background & Education
- Judge, San Francisco Superior Court, 2001–2025
- Chair, Alternative Dispute Resolution Committee, 2018–2021
- Chair, Judge Pro Tem Committee, 2023–2025
- Criminal Division, 2001–2006
- Civil Division, Trials and Settlement, 2006–2010
- Appellate Division, 2005–2008
- Presiding Judge, 2007–2008
- Probate Division, 2010–2014
- Complex Litigation Department, 2014–2019
- Civil Division, Trials and Settlement, 2019–2025
- Law Office of Mary E. Wiss, 1993–2001
- Partner, Baum Wiss & Blake, 1992–1993
- Associate, Law Offices of David B. Baum, 1988–1992
- Associate, Wallach & Baum, 1981–1987
- J.D., University of San Francisco School of Law, 1981
- M.S., Lone Mountain College, 1976
- B.A., University of San Francisco, 1972
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