Hon. Richard M. Silver (Ret.)

T: 408-288-2240
F: 408-295-5267
Construction Defect
Highly regarded for maintaining a balance between fairness and efficiency, Judge Silver has gained the respect of attorneys for his tremendous intellect and his ability to get to the heart of issues.
  • Mediator, Arbitrator, Special Master
  • Efficiently manages extremely complex cases after actively participating in numerous settlement conferences during his distinguished 25-year judicial career on the Monterey Superior Court bench
  • Faculty member in courses on Trial and Case Management, Effective Settlement Techniques, Complex Case Management, and Family Law for judicial and attorney organizations including the National Judicial College, California Judges Association, CJER, and the Monterey Bar Association
  • CEQA Judge, Monterey Superior Court
Significant cases presided over by Judge Silver include the following:
  • Presided over settlement of a class action involving polybutylene pipe and two competing National Class Actions (Cox v. Shell Oil, et al.)
  • Sierra Club v. County of Monterey (Rancho Canada); Save our Peninsula Committee v. County of Monterey (September Ranch); Gallente Vineyards v. Monterey Peninsula Water Management District


Representative Matters

  • Cases involving mobile home parks and associations
  • Cases involving residential and commercial leases
  • Commercial Buildings:
    • Landlord-tenant disputes involving breach of lease, breach of contract for sale, tenant improvements and build out claims
    • Mediated multiple claims of defect and increased costs arising out of design errors as well as, contribution and subrogation claims
  • Construction cases, including commercial, condominium, and single-family residence defect cases
  • Disputes by and between owners, contractors, subcontractors, material suppliers, construction managers, and design professionals
  • Insurance coverage issues
  • Mediated disputes involving school construction
  • Mediated easement/fence line disputes, matters involving neighbors and governmental entities
  • Mediated multiple mold exposure cases, claims of property damage and personal injury
  • Mediated multiple single-family home claims involving architecture and construction defects, breach of contract, misrepresentations, permits, zoning and code issues
  • Municipal law, zoning, and building code violations

Honors, Memberships, and Professional Activities

  • 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

Background and Education

  • 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

Disclaimer

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October 14-15, 2014
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