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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.) has heard and settled a wide variety of employment disputes and has experience encompassing issues such as alleged retaliation, discrimination, wrongful termination, wage and hour, breach of implied contract, and fraud and deceit. He has worked with employees and companies from all industries, including medical practices, tech companies, real estate and property management companies, convalescent facilities, schools and universities, automotive companies, government offices, hotels, and small businesses.

Judge Silver is recognized for his ability to resolve contentious, complicated, and emotional cases.

Representative Matters

Judge Silver has handled the following representative matters at JAMS:
  • Resolved a complex case involving multiple claims and cross claims  in a doctor’s group
  • Handled numerous disputes involving breach of implied covenant of good faith and fair dealing, breach of contract, and alleged violations of California Labor Codes §201 and §102
  • Successfully settled numerous wrongful termination and disability discrimination cases
  • Resolved a dispute between a major provider of information technology services and multiple employees
  • Mediated numerous wage and hour class action matters involving claims of unpaid wages, unpaid overtime, and wrongful termination
  • Settled multiple disputes involving claims of retaliation, discrimination, wrongful termination in violation of public policy, breach of implied contract, fraud and deceit, and wage and hour issues
  • Handled numerous disputes involving employment issues in schools, community colleges, and universities
  • Resolved a dispute of employee at a major grocery chain
  • Settled a sensitive sexual harassment dispute involving an employee at a major beverage distributor
  • Resolved a wrongful termination case involving an automotive parts company
  • Handled a wage and hour dispute between an employee and jewelry store owner
  • Settled claims of alleged fraud and negligence against a major maritime company that negotiates and administers labor agreements
  • Resolved dispute between former employee of a major transportation company alleging wrongful termination, breach of contract, and emotional distress
  • Mediated a contract dispute involving a high tech, sensitive commodities transportation company seeking return of commissions paid to a former salesperson and counter-claims of wrongful termination
  • Resolved a dispute between a major commercial janitorial company and multiple plaintiffs
  • 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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