Joseph S. Biderman Mediation

Representative Cases

Below is a sample of cases mediated by Judge Biderman.

Business

Dispute regarding adequacy of staffing and budgeting for clinical drug trials
Dispute regarding medical facility using a staffing company for senior practitioners and calculation of compensation and fees based upon patient volumes and revenue collected
Industrial equipment damaged during cross-country transport. The trucking company had insufficient insurance coverage and the transport-broker sued for failure to ensure adequate coverage was in place prior to transport.
Unfair Debt Collection practices action against a cell phone company over identity theft and refusal to remove record from credit report
Dispute in family-held corporation regarding allegations of fraudulent share transfers and violations of Buy-Sell Agreement
Alleged lockout of restaurant proprietor based on change in lessee without lessor’s permission
Alleged violations of California Consumer Credit Reporting Agencies Act and Rosenthal Fair Debt Collection Practices Act
Construction defect allegation in 49-unit apartment building and restrictions on low-and ultra-low-income rental amounts on ten units
Interior designer provided custom furnishings, drapery and carpets for luxury condominium unacceptable to clients
Credit report agency's alleged omissions, errors, and misidentifications damaging credit rating
Arbitration of entertainment dispute alleging breach of contract in production and financing of music video
Employment dispute charging violations of non-compete clause by former contract high technology employees being hired by contractor
Lemon law and warranty coverage arising out of automobile engine failure
Discovery referee for commercial litigation
Commercial dispute arising out of secured lending agreement with buy- sell provision upon default
Multi-party litigation alleging defects in design and installation of 450 windows in condominium complex
"Click Fraud" claim against major internet company
Franchise dispute between franchiser and operator of 27 fast food restaurants
Create confidentiality agreement following dissolution of high profile romantic relationship
Auto repair shop founding partners dispute regarding dissolution of corporate entity BUS
CCCRAA and RFDCPA claims for erroneous and not timely rectified credit reporting resulting in drop in credit rating
Action for breach of fiduciary duty and dissolution of corporation for allegations of self dealing in pricing of and provisions for controlling shareholders right of first refusal in stock buy backs
Motel owner sues plumbing contractor alleging failure to clear drain lines adequately resulted in sewage backups in multiple guest rooms and common areas
Trade libel and unfair competition action against competitor by industrial waste processor alleging false complaints of mishandling of toxic substances to pilfer competitor’s clients
School district sues food warmer distributor and manufacturer alleging product does not deliver even temperatures in compliance with food handling standards
Accounting malpractice action against auditors for failure to uncover 8-figure embezzlement by CFO and managers

Civil Rights

Suicide of mentally ill inmate
Jail suicide by a mentally ill inmate alleging improper administration of psychotropic mediation
Claims of multi-year, post-sentence confinement violative of due process
Law enforcement pursuing an automobile theft suspect on foot climbed over a fence and detained the wrong individual with a knee to the back to handcuff them, resulting in claimed orthopedic and neurologic injuries
Action brought by survivors of a jailed inmate who was found deceased next to his bunk bed
Shooting death of an armed suspect fleeing law enforcement
Negotiated resolution of statutory attorneys' fees in a civil rights action brought by recipients of in-home health services
Fatal shooting of individual exhibiting signs of mental illness and bizarre behavior. Allegations of violations of Section 1983 and the ADA.
Attorney’s fees mediation in Supreme Court litigation regarding Public Records Act request for disclosures from law enforcement agencies
Jail inmate with mental health issues involved in an inmate altercation was pepper sprayed and later died of cardiac arrest
Allegation of assault and battery on student by school police officer
Civil rights action alleging sexual assault by jail guard on female in custody
Mediation over claims of police brutality and wrongful death
Civil rights action alleging wrongful arrest, detention, and incarceration based on racial profiling
Civil rights action alleging false arrest and imprisonment, refusal to return eyeglasses during entire incarceration, and over-detention
Civil rights action arising out of shooting death of detained person by law enforcement
Civil rights action alleging false arrest and imprisonment following minor's sexual abuse and death
Civil rights action alleging racially motivated brutality by custody staff against inmate
Civil Rights class action by disabled inmates against correctional institution
Civil rights action involving allegations of false charges of child neglect resulting in loss of parental rights and child wrongfully falling under jurisdiction of the court
Civil rights action alleging unjustified shooting in plaintiff's home resulted in his losing internal organ
Civil rights action alleging excessive force in shooting death of transient
Excessive force alleged against security guards and delay of medical care by law enforcement
Fatal shooting of suspect fleeing law enforcement in vehicle
Accidental shooting of suspected criminal
Civil rights action alleging prohibited body cavity search of suspect
Shooting death of unarmed suspect fleeing law enforcement on foot
Allegations of failure to summon medical care for head-injured individual
Prisoners left unattended for several hours in van parked in direct summer sunlight
Allegations that school district was unresponsive to bullying reports
Civil rights action alleging failure to monitor suicidal inmate resulting in severe brain damage due to oxygen deprivation following attempting hanging
Sexual abuse of minor by volunteer coach. Issue of apportionment of liability between athletic club and school district
False arrest and detention due to plaintiff matching description of suspect resulting in PTSD
Multiple child victim of teacher’s sexual battery
Sexual assault on arrestee by guard in local jail
Fatal shooting by officers pursuing robbery suspect
Allegations of misclassification results in mentally ill inmate violently assaulting arrestee resulting in catastrophic brain injury
Junior high school student alleges discrimination and harassment against driver who refuses to accept student’s gender identity in assignment of school bus seating
Claims of wrongful arrest by individual taken from residence and falls to ground with neurologic and orthopedic injuries
Detainee escapes law enforcement on foot and is struck by police vehicle in pursuit
Fatal shooting by SWAT of suspect who had barricaded himself in attic of home
Suspect under the influence of drugs is tased and beaten by arresting officer with divergent versions of what occurred

Construction

Dispute arising regarding commissions earned by different brokerages in the sale of a large commercial building
Dispute regarding clearing/grading of 120 acres of old growth trees in compliance with Fish and Game and protected species regulations

Consumer Class Action

TCPA Class Action alleging unauthorized calls for debt collection

Elder Abuse

Allegations of fraudulent transfers, in sale of properties and division of assets, trustee surcharges, elder abuse

Employment

Allegations of failure to engage in interactive process to accommodate an employee with rapid onset bipolar disorder
Discrimination and retaliation claims by apartment resident manager against the management company
Funeral home director claimed wrongly classified as an independent contractor and not an employee. Additional claims of sexual harassment, hostile work environment, and retaliatory termination.
Resolution of employee's claim that earned and vested commissions on insurance sales were unpaid and that she was wrongfully terminated in retaliation for wage claims and gender discrimination
Employment litigation where plaintiff claimed she was retaliated against for becoming pregnant and ultimately discriminatorily discharged
Allegation of medical condition discrimination and wrongful termination of at-will employee of government agency
Claim by government employee of sexual harassment by supervisor
Employment dispute by nanny for overtime wages
Employee alleged retaliatory termination for sustaining on the job injury
Wage and Hour mediation involving national pharmacy franchise
Worker claimed sexual molestation by supervisor at fast food restaurant
Employment matter involving allegations of retaliation/discrimination/failure to engage in interactive process after employee attempts to return to work following industrial injury
Employment matter for discrimination on failure to accommodate, engage in interactive process, and wrongful termination due to disability of inability to travel or sit/stand for prolonged periods of time
Employees of public entity claim new supervisors biased against workers who share their ethnic background, sexual orientation, or age resulting in retaliation, harassment, and wrongful termination
Wrongful termination/retaliation alleged by long-term management employee following termination after nearly one year medical absence
PAGA action by employees of multiple gas stations/convenience stores alleging graveyard shift workers not given meal and rest breaks and irregularities in time-keepings
Staffing company sued for alleged failure to provide, monitor, and account for meal and rest breaks at multiple employment sites
Delivery company driver alleges terminated for taking medical leave to have surgery

Entertainment

Entertainment action contesting calculation of compensation to television show talent based on marginally adjusted gross revenue vs. net profits
Presided over case involving claims that performers were induced to become intoxicated prior to signing waivers for film
Entertainment action involving competing writers' claims for royalty payment in production of television show
Entertainment action in dispute of credit rights for producer and executive producer
Entertainment action regarding competing claims of right to produce life story film of noted actress

Government Entities

Dispute over responsibility for cleanup of long dormant waste water field in industrial parcel
Action by homeowners against municipality for public sewage backup that flooded homes with raw sewage
Resolution of multi-resident and government action regarding hillside development density and grading requirements
Resolution of government entity's action against multiple homeowners and HOA for installation of berms to divert storm surges from ocean away from residences and interference with public beach access
Religious Land Use and Institutionalized Persons Act litigation alleging municipality passed zoning restriction to prevent church from opening in business district
100 year flood during repair of waste water canal results in bridge washing out issue of apportionment of liability between water board and governmental entity

Civil Rights

Allegations of mold and dust contamination and exposure in waterfront apartment resulting in physical and psychological injuries
Allegations that apartment manager refuses requests for repairs to heating and appliances and selectively targets tenant with warnings of eviction regarding her barking dog
Claims of repeated elevator failures in luxury high rise causing plaintiffs to take 20 flights of stairs for extended periods of time.
Allegations of unremediated multiple gas leaks and mold in apartment

Insurance / Bad Faith

Claims for property damage and loss of business and income due to fire on newly acquired building inadvertently omitted from insurance policy
Insurance coverage of upgrades to industrial billing following total loss in fire
Insurance bad faith dispute regarding coverage for allegations of intentional and negligent torts committed by property owner against tenants
Multi vehicle collision resulting in 10 fatalities with extensive insurance coverage issues
Construction defect and earthquake damage insurance coverage issues
Auto v. Pedestrian personal injury case involving multiple surgeries and exposure beyond policy limits
Underinsured motorist claim for orthopedic injuries in rear end collision
Bad faith claim for failure to accept policy limits demand in catastrophic injury claim

Insurance / Bad Faith

Claims for property damage and loss of business and income due to fire on newly acquired building inadvertently omitted from insurance policy
Insurance coverage of upgrades to industrial billing following total loss in fire
Insurance bad faith dispute regarding coverage for allegations of intentional and negligent torts committed by property owner against tenants
Multi vehicle collision resulting in 10 fatalities with extensive insurance coverage issues
Construction defect and earthquake damage insurance coverage issues
Auto v. Pedestrian personal injury case involving multiple surgeries and exposure beyond policy limits
Underinsured motorist claim for orthopedic injuries in rear end collision
Bad faith claim for failure to accept policy limits demand in catastrophic injury claim

Intellectual Property

Digital Millennium Copyright Act claims over use of architectural plans for coastal resort hotel complex
Mediation of patent infringement claim by large air conditioning manufacturer claiming knock-off of filter products

Legal Malpractice

Legal malpractice alleging counsel mishandled a conservatorship hearing, necessitating a successful appeal, incurring a high amount of attorney’s fees and loss of substantial real property assets
Legal malpractice action arising out of alleged inadequate and untimely bankruptcy court filings
Legal malpractice action brought as cross-complaint in response to action for collection of unpaid fees

Medical Malpractice

Medical malpractice case involving allegations that Defendant injected patient’s face with a drug indicated for topical use only, resulting in scarring and disfiguration
Medical malpractice action alleging failed carpal tunnel surgery resulting in nerve damage and functional impairment to wrist and hand
Medical malpractice action alleging poorly performed spinal surgery resulting in paresthesia and chronic pain
Medical malpractice action alleging multiple complications from cervical discectomy
Dental Malpractice alleging negligent performance of root canal and implants
Dental malpractice alleging disfigurement from drill "jumping" during root canal
Malpractice claims against a major hospital
Medical malpractice action alleging wrongful death due to physician’s failure to follow up with patient regarding aggressive cancer
Professional malpractice arising out of hair removal procedures
EMTs inject patient with wrong dosage of pharmaceutical resulting in near cardiac arrest

Personal Injury

Wrongful death action arising from forklift accident in an agricultural packing facility
Care accident with cervical fusion treatment and allegations of "open policy" due to limits demand not being timely accepted by the insurance company
Sexual relationship between minor student and her coach
Allegations of bullying and assault by middle school students due to school’s failure to supervise
Binding mediation of uninsured motorist claim
Trip and fall on uneven city sidewalk resulting in labral tear and dislocated shoulder
Pedestrian injured when utility cover in sidewalk suddenly gave way
Customer went on a trail ride and claimed ill-trained, fatigued, and dehydrated horse threw her when spooked by another rider’s sunhat being blown off her head
Multiple fractures sustained following a fall off of a loading dock during a garment sample sale
Exposure to flooring compound caused lung damage and respiratory impairment
Slip and "almost" fall on French fry resulted in contested orthopedic injuries
Unpermitted structure rented to tenants who suffered injuries when floor collapsed
Law enforcement vehicle responding to an emergency radio call lost control and caused catastrophic injury to a pedestrian
While demonstrating a new car’s safety features, a sales person failed to engage "active breaking" and rear-ended another vehicle. The plaintiff passenger suffered an open fracture of the elbow
Allegation that a pedestrian was killed due to an inattentive elderly driver in the course and scope of work for a construction company and that the city failed to maintain flashing lights at the crosswalk
Special needs student drowned in a public pool, leading to allegations of inadequate school and park supervision
Police pursuing murder suspect lost control and impacted three vehicles, causing injuries to occupants
Action by pedestrian hit in school crosswalk when driver failed to see crossing guard as well as pedestrians
Impersonator of political figure pushed by incensed fellow performer who had political differences resulting in significant physical injury
Police pursued on foot unarmed individual suspected of carrying handgun, resulting in suspect being fatally shot
A trucker fell asleep on the freeway, hit a pole and downed power lines, causing the Plaintiff’s car to impact and cantilever, resulting in severe injuries
UIM bath faith claimed when excess carrier refused to tender policy limits to Claimant, who had multiple back and neck surgeries
Pedestrians struck in crosswalk alleged City defendant defectively designed intersection in violation of mandatory state and local requirements
Wrongful death of pedestrian crossing street to event venue with inadequate parking, lighting and security
Wrongful death of juvenile engaged in sport activity at private gym
Below hip double amputation in industrial meat grinder
Alleged sexual assault by coworker on another warehouse employee
Allegations of inadequate security at restaurant parking lot resulting in fatal shooting of two customers
Wrongful death alleged due to inadequate safeguards at oil drilling sites resulting in soil failure
Personal injury action by multiple plaintiffs injured in commuter train collision with tractor trailer truck
Wrongful death action arising out of tour bus/auto collision
Premises liability action alleging inadequate security at a rave party where multiple persons shot by patron
Wrongful deaths (3) action arising from collision between tractor trailer driver allegedly under the influence of drugs and workers’ pickup truck
Wrongful death action by survivor of woman killed when jet ski impacted by power boat
Slip and fall at grocery store requiring shoulder surgery
Collapse of elevator railing injures plaintiff’s foot
Three vehicle passengers injured in freeway collision
Truck and auto collision with back, neck, and shoulder injuries
Plaintiff’s knee struck by falling dolly at retail store
Head injury to bicyclist hit by auto
Fall down unlit staircase results in back and neck surgery
Spinal surgery after multi-vehicle freeway collision
Multi vehicle (tractor trailer and autos) freeway accident with catastrophic injuries
Premises liability action alleging inadequate lighting caused fall on stairway
Bellboy strikes hotel patron with luggage cart causing traumatic injuries and allegedly death
Multi-vehicle auto accident where plaintiff claims exacerbation of malignant cancer and development of Graves disease due to stress and trauma
Commercial sublessee abandons premises when sublessor will not pay for seismic retrofit required by City for tenant’s planned remodel
Wrongful death claim by sober living home resident following drug overdose
Trip and fall by elderly plaintiff alleging permanent vertigo and neurological issues
Slip and fall on stadium steps resulting in fractured ankle
Motor vehicle accident with traumatic injuries
Action against ride-sharing service for accident resulting in knee and back surgeries
Slip and fall at restaurant resulting in complete tear of hamstring and fractured nose
Trip and fall when access to disabled parking space is blocked claimed cause of death
Disputed liability auto case with neck and back injuries
Rear end collision requiring cervical fusion and rotator cuff repair
Auto v. m/c lane splitting on freeway with back, neck, and leg injuries
Truck and auto freeway collision issue of pre-existing injuries relatedness to claim
High speed surface street collision involving ride-share vehicle and insurance coverage issues
Trip on doormat impacting door allegations of traumatic brain injury
UIM claim involving pedestrian struck by auto with major orthopedic injury
Slip and fall at market with holistic/alternative treatment modalities
Multi-vehicle accident with pre-existing shoulder surgery recommendation
Bicyclist struck by refuse truck with open reduction internal fixation ankle fracture
UIM minor rear impact causes exacerbation of cervical fractures resulting in fusion
Auto v auto major impact with shattered ankle and permanent limp
Auto v pedestrian with neurologic PTSD symptoms
High speed collision causes cognitive impairments due to head injury
Noted personality sued for injuring another during bar fight
Bad faith action against insurer for failure to pay for personal property loss due to dispute regarding whether loss occurred and value of items involved
Trucking accident results in claim by decedent’s adult son who had no contact since age 5
Bus makes sudden stop causing plaintiff to fall and suffering orthopedic and neurologic injuries
Hit and run on freeway with multiple orthopedic injuries
Multiple cases of amusement park personal injury claims heard over two-day period
Shopper claims store worker pushed heavily laden cart into him resulting in multiple orthopedic injuries
Employee’s son driving company car, under the influence of alcohol, impacts other vehicle at high rate of speed causing it to go over embankment and roll multiple times with orthopedic and neurological injuries to driver and passenger
Gig driver for food delivery at fault for collision resulting in graphic artist’s permanent hand impairment
Security guards pursue suspect in parking lot and during altercation shoot suspect multiple times resulting in permanent lower extremity impairment
Security guard stabbed to death by suspected shoplifter in altercation outside of store
Head-on collision results in vehicle fire with disfiguring burns and neurologic/orthopedic injuries
Speeding gig driver broadsides vehicle causing permanent hand injuries with multiple surgeries
Driver making U-turn impacts plaintiff on moped
Alleged negligent hiring of intoxicated commercial truck driver who impacts multiple vehicles on freeway and is arrested for second DUI

Premises Liability

Trip on door threshold resulting in fractured hip
Non-tempered glass shower door shatters causing extensive skin lacerations
Fall on dimly lit outdoor stairs at rehabilitation center with $900,000 orthopedic bills
Fall in area with no disabled ramp results in broken hip and sepsis, ultimately fatal
Medical doctor falls on deteriorated stairwell resulting in multiple ankle surgeries and permanent disability
Industrial gate collapses on worker while attempting to close it, resulting in paralysis.
Operator of rented electric scooter impacts rise in sidewalk and is thrown into tree and onto pavement resulting in incomplete quadriplegia
Unsecured used restaurant cooking oil drum upset by passerby resulting in pedestrian slipping and having multiple knee surgeries
Roofing materials fall off high shelf at warehouse resulting in lacerations to plaintiff’s arm and residual nerve damage
"Settlement Days" for grocery retailer with 5 mediations/day in trip and fall and slip and fall cases
Elementary school student alleges trips on large crack in playground asphalt with traumatic head injuries including brain surgery and neurocognitive residuals
Personal injuries sustained when plaintiff slips and falls on plastic sheeting placed over hallway carpets during major renovation of apartment building
Infant being carried by father at wedding venue is struck by falling steel curtain rod resulting in brain injury

Probate, Estate & Trusts

Trust dispute alleging undue influence and financial elder abuse in successor Trustee persuading Decedent to transfer property from a Trust to a Joint Tenancy with him prior to her death
Trust contest among four sisters regarding disposition of mother's estate. Dispute involved allegations of undue influence and elder abuse
Attorney's and Trustee's fees, charitable bequests to non-501(c)(3) entities, estate tax implications
Trust and estate contest involving issues of oil leases, multiple real estate holdings, and conflict between stepchildren and surviving spouse
Trust and estate contest between siblings alleging financial and physical elder abuse, undue influence to mother
Trust and estate contest alleging lack of testamentary capacity and due execution, undue influence, fraud and duress
Trust and estate action of allegations regarding sale of trustor's residence, incapacity, fraudulent transfers, and satisfaction of beneficiaries' debts to Trust
Estate contest regarding validity of "Purported Will"
Trust and Estate dispute between children and stepmother over asset management and trustee's fees
Trust and estates matter with allegations of elder abuse, conversion, deficient accounting and seeking surcharge and removal of trustee
Trust and Estate/Conservatorship matter with issues of elder abuse, competency, management of estate and disbursements, reimbursement demands for allegedly improper expenses
Trust and estates matter involving beneficiaries' dispute over validity of grant deed and prior transfers to intervivos trust
Trust and estate contest alleging imprudent investment in securities and challenging trustee's fees, GAL fees, division and transfer or real estate
Elder abuse claim regarding neglect causing bedsores at care facility
Breach of fiduciary duty and elder abuse action brought against step son who allegedly transfers real and personal property to himself and liquidates Trust bank accounts to his own benefit
Beneficiaries petition for accounting and removal of Trustee due to alleged mismanagement and self-dealing with Trust's major asset of office and industrial building
Partition action by beneficiaries among multiple extended family members over valuation and sale of residential properties

Product Liability

Product Liability action against manufacturer of skin product alleging ingredient caused blistering akin to third degree burns
Product liability action arising out of an exploding food processor/blender that allegedly caused permanent hand, neurological, and psychological injuries
Commercial refrigerator hinge failed and door collapsed on visitor
Product liability action arising airbag failure causing multiple injuries to lower extremities
Product liability action following leg amputation in industrial trash compactor
Product liability action alleging non-disclosure of contents in sports drink resulted in hospitalization and neurologic damage
Insulin syringes allegedly leaked silicone resulting in damaged vision after eye surgery
Laser hair removal with scarring and permanent pain/discomfort
Allegations of brain injury arising from high speed amusement park ride
Elementary school student suffers facial disfigurement after impacting screws on support beam for awning over playground area

Real Estate

Allegation that a cell tower crashed on a neighboring property preventing construction of a medical training facility
Retaliatory eviction, habitability, and negligent infliction of emotional distress claims arising out of plumbing failure in rented condo that resulted in the displacement of long-term tenants
Neighbor dispute regarding validity, scope and details of easement for driveway between two residences
Real estate dispute over disclosures by listing agent
Multiparty real estate action regarding residential vs. commercial nuisance involving brokers, parties to sale, and owners of adjacent properties along with pending criminal charges and civil harassment restraining orders
Real estate litigation alleging failure to disclose that location of building in historic district would restrict ability to construct new condominium complex
Real estate action for specific performance of residential real estate transaction
Homeowner vs. HOA dispute re: conflict between CC&Rs and rights under Americans with Disabilities Act
Landlord tenant dispute alleging tenant's removal of improvements with cross-claims for breaches of landlord's covenants
Alleged slumlord conditions in 30 unit apartment building
Habitability of apartment building alleging vermin and rodent infestation
Habitability, breach of lease, retaliation and harassment claims by residential tenant
Action for return of earnest money deposit when real estate transaction was canceled because effects of COVID-19 Ellis Act evictions being suspended inhibits buyer’s ability to proceed with planned condominium conversion
Torrential rain cause overflow of storm drains and flooding of home’s foundation
Habitability and constructive eviction alleged when leaking roof unrepaired for two years with environmental testing reflecting mold
Real estate transaction collapses allegedly due to COVID-19's impact on mortgage lending
Adjoining homeowners’ dispute regarding claims of unauthorized removal of trees undermining structural integrity and privacy
HOA and upstairs condo owner sued for allowing hardwood floor installation adversely affecting downstairs owner’s quality of life
Tenant claims landlord falsely files eviction for owner occupancy and does not later occupy residence pursuant to Rent Stabilization Ordinance mandates
Adjoining homeowners dispute responsibility for common fence replacement costs
Verbal agreement between “partners” to home flipping deteriorates in apportionment of renovation expenses and distribution of profits
Elderly tenant undergoes one year of renovations that included large holes in ceiling and walls and workers entering unit repeatedly with no relocation assistance provided

Real Property

Fire in laundromat destroyed a shopping center. Matter involved claims for losses beyond what insurance compensated.
Resolution of employee’s claim that earned and vested commissions on insurance sales were unpaid and that she was wrongfully terminated in retaliation for wage claims and gender discrimination

Toxic Tort

Multi-party asbestos and toxic exposure arbitration