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Richard Silver

Hon. Richard M. Silver (Ret.)

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Case Manager
Cynthia Victory
T: 408-346-0736
F: 408-295-5267
160 W. Santa Clara St. , Suite 1600 , San Jose , CA 95113
Hon. Richard M. Silver (Ret.) highly regarded for maintaining a balance between fairness and efficiency, has gained the respect of attorneys for his tremendous intellect, tenacity, and his ability to get to the heart of issues quickly. During his 25 years as a Superior Court Judge in Monterey County and since joining JAMS in 2002, Judge Silver has successfully negotiated or arbitrated hundreds of disputes. Judge Silver brings extensive experience in business and commercial disputes, real property and broker issues, construction defect and delay cases, family and probate matters, employment related disputes including wage and hour class actions, and complex personal injury actions.

Representative Matters

Business Commercial
  • Settlement of breach of contract and fraud claims involving a major hotel and American Savings and Loan during the Saving and Loan crisis
  • Arbitration of dissolution and related claims of medical partnership
  • Arbitration of very emotional and contentious dissolution of accounting partnership
  • Settlement of breach of contract and fraud claims concerning the purchase of wine bottling equipment
Class Action
  • Participated in settlement of complex multi-state class action concerning polybutylene pipe used in mobile homes and residences and involving competing national class actions
  • Successfully negotiated several complex wage and hour class actions
Construction
  • Construction defect and delay cases involving public work contracts with claims by the district, general contractor, architect, and multiple sub-contractor
  • Settlement of defect and delay claims concerning the construction of an airport terminal and involving claims by the Airport District, Construction Manager, Architect, General Contractor and sub-contractors and involving claims in bankruptcy
Employment
  • Mediation and arbitration of numerous wrongful termination cases involving claims of sexual harassment, racial, gender, or sexual discrimination, and breach of contract
  • Resolution of wage and hour class actions involving claims of overtime, meal, and break violations
Family
  • Settlement of highly emotional family dispute involving substantial property holdings in several countries
Personal Injury
  • Wrongful death claim against sheriff, jail staff, and county for failure to provide medical assistance
Professional Liability
  • Contract and fraud claims against an attorney related to the drafting of multiple trust documents, and other professional legal malpractice cases
Real Estate
  • Numerous cases involving the purchase and sale of real property including claims against and by the brokers, failure to disclose defects, and mold issues
  • Settlement of family law cases concerning complex community property issues involving valuation and division of businesses, real property, and support issues
  • Recognized as a "Top Neutral," Daily Journal, Top California Neutrals List, 2013
  • Member, California Judges Association, 1977-present; (Chair, Civil Law and Procedure Committee, 1998-2000)
  • Past Chairman, Board Member Emeritus, Honorary Doctorate of Law, Monterey College of Law
  • Judicial Council Family Court Service Advisory Committee (Chairperson, 1987-1990)
  • Faculty, California Center for Judicial Education and Research (CJER); California Judges Association; National Judicial College
  • Captain, U.S. Army, 1966-1968, Bronze Star U.S. Army Medal Honor, 1st Degree (Civic Action), presented by the Republic of Vietnam
  • Judge, Monterey Superior Court, 1977-2002 (Presiding Judge, 1980, 1986; Asst. Presiding Judge, Monterey Branch, 1984, 1987, 1996, 2000-2002; Civil Supervising Judge, 1996-1998, 2000-2002)
  • Partner, Heisler, Stewart, Silver & Daniels, Carmel, CA, 1969-1977
  • LL.B., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1966
  • B.S., University of California Berkeley, 1963

Counsel Comments

    "I've handled cases all over the country, and this guy [Silver] is one of the best, if not the best, settlement judges in the country."
    - Quote from the late Joseph Alioto appeared in the Monterey Herald after Judge Silver assisted in settling a complex business dispute involving a major hotel

    Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013

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