ADR Experience and Qualifications

During his career as a trial attorney, Mr. Jones was lead counsel in over 70 jury trials, dozens of bench trials and several binding arbitrations, and participated in numerous mediations and settlement conferences in the following areas:

• Residential construction defect litigation for single-family homes and condominiums both as defense counsel and plaintiff’s counsel 
• Soils subsidence, landslides and water intrusion 
• Catastrophic personal injury and wrongful death cases arising from construction site accidents, commercial and personal motor vehicle accidents and premises liability claims 
• Insurance coverage disputes involving commercial general liability, officers and directors liability, employment practices liability, and errors and omissions insurance policies 
• Inverse condemnation and land use claims, including breaches of recorded covenants, boundary disputes, easements, adverse possession and licenses 
• Toxic torts, including cases involving exposure to mold, asbestos and multiple chemical sensitivity 
• Real estate broker/agent negligence 
• Claims for breach of fiduciary duty against corporate directors and corporate governance issues 
• Breaches of recorded covenants, and conditions and restrictions in residential and commercial common interest developments 
• Violations of the Davis-Stirling Common Interest Development Act, Commercial and Industrial Common Interest Development Act and the Corporations Code

Published Appellate Cases

Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252 (Attorney’s fee awards to prevailing party)

Trilogy at Glen Ivy Maintenance Assn. v. Shea Homes, Inc. (2015) 235 Cal.App.4th 361 (Anti-SLAPP motion) 

PV Little Italy, LLC v. MetroWork Condominium Assn. (2012) 210 Cal.App.4th 132 (Shareholder voting rights)

Coronado Cays Homeowners Assn. v. City of Coronado (2011) 193 Cal.App.4th 602 (Determining responsibility for maintenance of a navigable water canal)

Chapala Management Corp. v. Stanton (2010) 186 Cal.App.4th 1532 (Appeal bonding of attorney’s fees awards)

Representative Matters

• Business Commercial
• Acted as mediator in multiple cases involving claims against national banking company for fraud and misrepresentation 
• Lead defense counsel in claims against manufacturer of food- grade commercial containers for contamination resulting in millions of dollars in lost agricultural product 
• Lead defense counsel in indemnity claims against commercial meat suppliers arising out of personal injury claims against a national fast-food chain for e. coli poisoning 
• Lead plaintiff’s counsel in claims against property managers and corporate directors for embezzlement 
• Lead defense counsel in claim against escrow company for loss of earnest money deposit 
• Lead plaintiff’s counsel in fraud claim against commercial equipment leasing company 
• Appointed as arbitrator in case involving breach of partnership agreement
• Appointed as arbitrator in cases involving claims of predatory lending 
• Appointed as arbitrator in cases involving claims of violations of State and Federal Anti-Trust laws
• Common Interest Developments
• Acted as mediator in many homeowner vs. homeowners association disputes pursuant to California Civil Code § 5930 
• Plaintiff’s counsel in claims involving violations of the Davis-Stirling Common Interest Development Act, Commercial and Industrial Common Interest Development Act, Corporations Code and recorded covenants, conditions and restrictions (CC&Rs) 
• Plaintiff’s counsel in case involving breach of fiduciary duty by corporate director in contracting for major repairs to common areas of a condominium project and failure to comply with Open Meeting Act 
• Defense counsel in claims of breach of fiduciary duty by corporate directors failing to approve construction plans in high-end residential communities 
• Defense counsel in claims of breach of fiduciary duty against corporate directors of a commercial common interest development 
• Plaintiff's and defense counsel in claims of breach of CC&Rs against both homeowners and homeowners associations 
• Defense counsel in challenges to annual elections of directors and elections for special assessments 
• Plaintiff’s counsel in claims for breaches of recorded covenants and restrictions specifically related to separately owned golf courses and recreation facilities within various common interest developments
• Plaintiff’s counsel in claim by homeowners association against municipality against homeowners association over responsibility for maintenance of bulkheads in navigable canals 
• Plaintiff’s counsel in claims against developers for breach of contract and CC&Rs 
• Defense counsel in cases involving claims against corporate directors for misrepresentation/fraud 
• Plaintiff’s counsel in claims against public entities for landslides and subsidence damage to common areas 
• Plaintiff’s counsel in claims against third parties for negligent damage to common areas 
• Plaintiff’s counsel in case involving allegations of fraud against developer for failure to assign telecommunications license benefits to association 
• Plaintiff’s counsel in disputes over developers’ failure to convey common area property 
• Plaintiff’s counsel in disputes over voting rights and assessment allocations in mixed commercial/residential developments
• Construction Defect
• Appointed as arbitrator in case involving allegations of construction defects, breach of contract and breach of warranty in the construction of a single-family home 
• Defense counsel in defect claims for improper soils grading/compaction, slabs, lightweight concrete flooring, framing, roofs, waterproofing, stucco, and windows/skylights in single-family and condominium construction 
• Defense counsel in claims for defective plumbing in commercial buildings 
• Plaintiff’s counsel in claims for defective balcony repairs 
• Lead trial counsel in defense of claims against material supplier in claim of defective soundproofing in multistory condominium 
• Lead plaintiff’s counsel in cases involving landslides and soils subsidence
• Employment Law
• Appointed as arbitrator in case involving claim for wrongful termination
• Lead defense counsel in Claims for wrongful termination, constructive termination and hostile work environment 
• Lead defense counsel in claims for sexual harassment in the work place 
• Lead defense counsel in claims for of grooming and sexual harassment by associate pastor 
• Lead defense counsel in wage and hour claims
• Insurance
• Plaintiff’s counsel in claims against liability insurance carriers for breach of contract and bad faith 
• Plaintiff’s counsel in claims against property insurance carrier for failure to cover losses due to wildfire 
• Plaintiff’s counsel in coverage disputes for general liability, directors and officers liability, and EPLI policies 
• Defense counsel in Buss claims against insureds 
• Defense counsel in subrogation claims 
• Defense counsel in claims in intervention by workers’ compensation insurance carriers
• Personal Injury
• Appointed as arbitrator in claims involving premises liability and personal injury 
• Defense counsel in claims involving construction site accidents 
• Defense counsel in wrongful death claims involving accidents with farm equipment and passenger vehicle 
• Defense counsel in motorcycle vs. commercial vehicle accident resulting in brain injury and other significant injuries
• Defense counsel in wrongful death claims arising from hunting accident hotly contested by heirs 
• Defense counsel in commercial vehicle and private automobile accidents resulting in claims for personal injury and wrongful death 
• Defense counsel in Jones Act and other tort claims for serious injuries involving vessels in navigation and in dry dock 
• Defense counsel in premises liability claims against major shopping malls, supermarkets, hotels and other commercial properties 
• Defense counsel in wrongful death claim against apartment complex owner/manager arising from drowning of a minor in adjacent irrigation canal 
• Defense counsel in wrongful death claim against commercial agriculture company for by heirs of workers killed in transport van and semi accident 
• Defense counsel in claims against landlords and property managers for exposure to mold, lead, asbestos and other multiple chemical sensitivities 
• Defense counsel in nationwide claims against manufacturer of dietary supplement for personal injury and wrongful death 
• Defense counsel in property damage claim against landlord by commercial tenant for arson fire that destroyed famous sports bar/restaurant 
• Defense counsel in claims for foreign objects and food poisoning against restaurants 
• Defense counsel in product liability claims against manufacturer of dental implants
• Professional Negligence
• Defense counsel in claims against real estate brokers and agents 
• Plaintiff’s and defense counsel in claims against architects, structural engineers, soils engineers and other design professionals 
• Plaintiff’s counsel in claim against general contractor and mold inspector for failure to conduct adequate pre-purchase inspection of $20 million single-family beach home
• Real Property
• Appointed as arbitrator in claims involving purchase and sale of residential properties 
• Defense counsel in breach of contract claims for purchase and sale of residential and commercial properties 
• Property owners’ counsel in eminent domain case 
• Property boundary disputes representing both plaintiffs and defendants 
• Adverse possession and prescriptive easement claims representing both plaintiffs and defendats 
• Plaintiff’s counsel in disputes over assignments of deeds, licenses, and easements 
• Plaintiff’s counsel in judicial foreclosure of performance deed of trust 
• Defense counsel in ADA claims

Honors, Memberships, and Professional Activities

Honors, Memberships and Professional Activities

• AV Preeminent Rating, Martindale-Hubbell
• Top Lawyers – Civil Litigation, San Diego Magazine, 2012–2017
• Top Lawyers – Appeals, San Diego Magazine, 2022
• Top Lawyer – Highest In Ethical Standards & Professional Excellence, California Legal Network, 2012–2017
• San Diego County Bar Association
• Community Associations Institute (CAI)
• California Association of Community Managers (CACM)
• Barrister in the American Inns of Court Foundation, The Honorable J. Clifford Wallace American Inn of Court
• State Bar of California (admitted 1984)
• United States District Court, Central and Southern Districts
• United States Court of Appeals for the Ninth Circuit

Articles, Publications and Speaking Engagements

• “How Alternative Dispute Resolution Can Help Resolve Real Estate Disputes” in AZ Big Media, September 13, 2025
• “Duty to Disclose,” June 9, 2023
• “Request to Inspect and/or Copy Association Records (Civ. Code § 5200, et seq.),” July 1, 2020
• “Novel Coronavirus and the Courts,” June 2, 2020
• “Potential Claims Against Community Associations and Insurance Coverage for COVID-19 Infection,” April 6, 2020
• “Short-Term Rentals in Common Interest Developments,” Dec. 13, 2018
• “Unauthorized Social Media Pages for Your Association,” Sept. 25, 2017
• “Budget Cuts Continue to Affect the State Courts,” Oct. 24, 2014
• Annual Speaker at Epsten, APC Legal Symposiums in San Diego and Coachella 2008–2022

Background and Education

• Shareholder; Epsten, APC; 2008–2023
• Partner; Lewis, Brisbois, Bisgaard & Smith; 2004–2008
• Judge Pro Tem, San Diego Superior Court, 2001–2005
• Arbitrator, San Diego Superior Court, 1992–2024
• Director and Senior Trial Counsel; Cuff, Robinson & Jones (Fireman’s Fund Ins. Co.); 1989–2004
• Attorney; Bacalski, Holdway & Prindle; 1985–1989
• J.D., Western State University, College of Law, 1984
• B.S.L., Western State University, 1982