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LeRoy Simmons

Hon. LeRoy A. Simmons (Ret.)


Case Manager
Karla Adams
T: 909-884-6684
F: 909-889-2162
3800 Concours St., Suite 320, Ontario, CA 91764

Biography

Hon. LeRoy A. Simmons (Ret.) has extensive ADR expertise, having served as a mediator, arbitrator and special master full-time since 2004 and part-time for five years prior to that. Judge Simmons is regularly selected as a neutral to resolve matters involving real estate, corporate disputes, torts, family law, construction defects and employment, among other matters across the broad spectrum of civil litigation. He handles complex cases as special master by appointment of the superior courts of San Bernardino, Riverside, Orange and Los Angeles counties.

Judge Simmons served as a sitting judge and by assignment on the San Bernardino County courts for nearly three decades. He was elected to the Municipal Court in 1974 and appointed to the Superior Court in 1978, where he served as presiding judge of the Appellate Department for two years. Upon his retirement in 1994, he began hearing law and motion matters on assignment to the Superior Court for the next 10 years.

During his tenure on the bench, Judge Simmons handled hundreds of jury and bench trials dealing with issues in real estate (eminent domain, sales contracts, easements, equitable servitudes, adverse possession); CEQA; professional liability; personal injury; general torts; family law; probate; and civil matters in virtually every practice area. Judge Simmons presided over Anderson v. Pacific Gas and Electric Company, which was the basis for the movie Erin Brockovich, and he even portrayed himself in the film.

Judge Simmons began his legal career in the San Bernardino District Attorney’s Office and later worked as a trial lawyer handling personal injury, family law and criminal matters.

ADR Experience and Qualifications

  • Full-time mediator, arbitrator and special master since 2004, part-time since 1999, handling a broad spectrum of civil litigation as well as family law matters
  • Served on the bench for 20 years, plus another 10 on assignment, handling law and motion as well as a wide range of civil, probate and family law matters
  • Instructor for new judges from all around the state for the California Center for Judicial Education and Research (CJER) for three years
  • Served three years on the San Bernardino County Planning Commission reviewing development applications for major construction projects throughout the county
  • Former trial lawyer, handling personal injury, family law and criminal matters

Representative Matters

Construction Defects

  • Handled cases involving the following:
    • Allegations of architectural design defects in the construction of single-family homes
    • Alleged defects in roofing materials, flooring materials, plumbing and heating/air conditioning during the construction of single-family homes
    • Alleged failure to comply with contractual obligations to finance construction projects
  • Presided over dispute concerning 210 Freeway construction and damage to numerous homeowners' lots, resulting in a lawsuit against the State of California and the construction contractor
  • Presided over and ultimately served as mediator for disputes concerning the construction of a major retail shopping center development in San Bernardino County

Environmental

  • Handled litigation over the installation of solar plants in the High Desert
  • Supervising judge over the water master of the Warren Basin Water District
  • Handled major cases under the California Environmental Quality Act (CEQA) and, as a trial lawyer, handled the first major CEQA case heard by the California Supreme Court

Employment

  • Handled a variety of matters, including:
    • Allegations of wrongful termination as well as constructive wrongful termination of employment
    • Fair Employment and Housing Act (FEHA) allegations
    • Allegations of sexual harassment
    • Allegations of discrimination because of gender, race and alleged disabilities

Estate/Probate/Trusts

  • Presided over a variety of estate/probate/trust matters, including:
    • Disputes over the proper beneficiary of large bequests  
    • Allegations that the trustee breached their fiduciary duty during the trust administration

Family Law

  • Presided over numerous dissolution of marriage matters, including:
    • Determination of spousal support, child support and attorneys’ fees
    • Division of real and personal property, including resolving issues of valuation, terms of selling the family home and disbursement of proceeds
  • Presided over child custody matters, including mental health issues, substance abuse issues and best-interest determinations

Personal Injury/Torts

  • Handled a numerous personal injury/tort matters, including those involving the following:
    • Incarceration by law enforcement of prisoners without adequate attention to medical needs
    • Cases involving alleged law enforcement unlawful use of force
    • Wrongful death allegations in police vehicle collisions with pedestrians
    • Police vehicles colliding with privately owned vehicles and pedestrians
    • Automobile vs. pedestrian contact with serious injuries
    • Multi-directional (i.e., rear-end, sideswipe, and head-on) automobile collisions that produced serious personal injuries
    • Public entities, such as the State of California and towns and cities
    • Worksite sexual harassment
    • Priest/penitent emotional injuries
    • Trip-and-fall with injuries in business locations on public and private property
    • State of California highway construction where injuries were alleged to have been suffered due to faulty construction of the highway surface
    • Personal injuries suffered while construction work was performed on-site

Professional Liability

  • Cases involving medical malpractice, both in direct application of treatment and failure to treat factual situations as well as inappropriate care
  • Cases involving breaches of employment contracts in breach of the covenant of good  faith and fair dealing

Real Property

  • Cases involving real estate investment losses when property failed to perform as represented by a seller
  • Cases involving erroneous real property descriptions of property lines, metes and bounds and easements
  • Cases involving highway construction that was intrusive on private property
  • Recipient, Kaufman Campbell Award, San Bernardino County Bar Association, 2001
  • Instructor, California Center for Judicial Education and Research (CJER), 3 years 
  • Member, San Bernardino County Planning Commission, 2 years
  • Member, Board of Directors, San Bernardino County Law Library
  • Member, San Bernardino County Legal Aid Society
  • Member, San Bernardino County Bar Association
  • President, Board of Trustees, Barstow Community College
  • Founder, High Desert San Bernardino Chapter of the California YMCA Youth and Government program; director of the model Appellate Court program for many years
  • Volunteer, Habitat for Humanity, including building homes in the Hurricane Katrina relief effort and making annual service trips with the organization
  • Mediator and Arbitrator, Inland Valley Arbitration and Mediation Service, 15 years
  • Mediator and Arbitrator, JAMS, 5 years
  • Judge on assignment, San Bernardino County Superior Court, 1994–2004
  • Judge, San Bernardino County Superior Court, 1978–1994
  • Presiding Judge, Appellate Department, San Bernardino County Superior Court, 2 years
  • Judge, San Bernardino County Municipal Court, 1974–1978
  • Partner; Hornaday & Simmons, LLP; 1972–1974
  • Attorney; Wilson, Borror, and Dunn, LLP;  1971–1972
  • Attorney, San Bernardino District Attorney’s Office, 1967–1970
  • J.D., University of San Francisco School of Law, 1967
  • Brigham Young University, 1958-1960, 1963-1964
  • Wayne State University, 1962-1963

News

Events

Practice Areas

  • Construction Defect
  • Employment Law
  • Environmental Law
  • Estates/Probate/Trusts
  • Family Law
  • Personal Injury/Torts
  • Professional Liability
  • Real Property
Available nationwide

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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