Hon. Richard Hodge
Case Manager: Kathleen Emma
Tel: (415) 772-0900 Ext. 14
E-Mail
JUDICIAL BACKGROUND
Retired since April 2001, Judge Hodge has established a busy ADR
practice and is available as a mediator, arbitrator, or private judge.
Praised for his diligence, understanding and adaptability, he continues
to mediate and arbitrate a broad array of civil matters as was the case
while on the bench.
During his 20 years of service to the Alameda County Superior Court,
Judge Hodge presided over civil trials and settlement conferences
encompassing personal injury, professional negligence, products
liability, contracts, wrongful termination, asbestos, environmental and
CEQA issues, commercial and consumer fraud, eminent domain and a variety
of class actions. He served several years as law and motion judge and
also served in the criminal, mental health and juvenile departments.
Judge Hodge has served on the Judicial Council and on four separate
occasions has served as Justice Pro Tem of the First District Court of
Appeal, authoring nearly 100 opinions.
EDUCATIONAL BACKGROUND
Judge Hodge is a 1960 graduate of Ohio Wesleyan University and a 1963
graduate of The University of Chicago Law School
PRIVATE PRACTICE
1979- 1981 Partner with Gordon & Hodge, specializing in entertainment
law.
1968-1979 Practiced in San Francisco with Hodge & Zweig specializing in
criminal defense and entertainment law. Represented a broad spectrum of
musicians, novelists, artists, cartoonists, actors and directors
including Richard Brautigan, William Hamilton, Steve Miller Band, Boz
Scaggs, Kenny Loggins, Joy of Cooking, Commander Cody and many others.
1966-1968 Served as a litigation associate with Miller, Starr & Regalia
1964-1966 Served as Deputy District Attorney for Contra Costa County
handling criminal cases of every variety and magnitude, including major
felony trials, murder trials, and consumer fraud trials.
HONORS & AWARDS
2010 Named Top 50 Neutral in California by the Daily Journal
2009 Named Top 50 Neutral in California by the Daily Journal
2008 Named Top 40 Neutral in California by the Daily Journal
2007 Named Top 40 Neutral in California by the Daily Journal
2006 Named Top 30 Neutral in California by the Daily Journal
1994 California Superior Court Judge of the Year by California Trial
Lawyers Association
1991 Trial Judge of the Year by the Alameda-Contra Costa Trial Law
Lawyers Association
NON-JUDICIAL LEGAL EXPERIENCE
Judge Hodge has lectured extensively before attorney organizations,
environmental groups, at various educational institutions, including The
Practising Law Institute, Boalt Hall, University of California at
Berkeley, Hastings Law School and Golden Gate Law School.
He has lectured extensively on “The American River Case” (Environmental
Defense Fund v. East Bay Municipal Utilities District), a case decided
by Judge Hodge which has spawned extensive legal commentary.
COMMENTARY
Over the course of a 20-year career on the Alameda County Superior
Court, Judge Hodge presided over every type of civil matter imaginable.
The quality of his jurisprudential work is typified by his landmark
ruling in Environmental Defense Fund v. East Bay Municipal Utility
District, a 20 year battle over water rights to the American River.
Judge Hodge’s 130 page ruling was hailed by all parties as a “victory”
and viewed by the press as a “perfect balancing of competing interests”.
The case has become a prototype for the adjudication of complex water
disputes, with extensive law review and text book commentary.
The various awards received by Judge Hodge as a trial judge reflected,
in significant part, his role in the settlement of cases. His experience
in the trial and settlement of cases provided a sound basis for his
current mediation and arbitration practice, for which he continues to
receive recognition as one of California’s most accomplished neutrals.
REPRESENTATIVE CASES
CLASS ACTION
The arbitration of eleven nationwide or statewide class actions,
including:
• Several wage and hour claims against national restaurant chains
• A fraud and breach of contract case arising from a Cartage agreement
between independent truckers and express delivery companies
• A franchise contract dispute in the business services industry
• A case against a trade college for alleged violations of the Student
Protection Provisions of the Education Code,
• A case involving a class of automobile dealerships suing a
computerized parts distributor
• A disability access case against a beverage chain.
BREACH OF CONTRACT & BUSINESS
• Breach of contract claims between the Doors rock band and a major
merchandising company.
• Breach of contract claims between the Golden State Warriors and
Alameda County and The City of Oakland
• Breach of contract between cable television company and municipality.
• Breach of contract between professional sports franchise and cable
television station.
• The "sex.com" case (Kremer v. Network Solutions) addressing the
responsibility of defendant to properly register domain names on the
internet.
• The arbitration of a 1.7 billion dollar contract dispute between major
pharmaceutical manufacturers. Involved breach of contract and trade
secret misappropriation.
• The arbitration of a fraud action against tax shelter providers (see
Wall Street Journal , March 6, 2007, page 17 re: myCFO)
• Arbitration involving a co-generation contract between providers and
users of electric power arising from the California "energy crisis".
• Arbitration of trade secrets case between architectural firms
• Trade secret misappropriation between cosmetic manufacturers regarding
formulas and customers.
EMPLOYMENT
• Wrongful termination cases between terminated senior management
personnel and major internet, financial, media and pharmaceutical
companies.
• Discrimination and other personnel disputes between the City Auditor
and City of Oakland.
• Wrongful termination case involving an assistant City Comptroller and
the City of Oakland
• Contract dispute between the Board of Education and Superintendant of
the John Swett Unified School District
• Numerous employment cases involving gender, race, age and disability
discrimination.
PROFESSIONAL LIABILITY
• Legal malpractice alleged in the handling of a class action lawsuit
involving employees of a major insurance company
• Several medical malpractice cases.
• Several legal and professional malpractice cases.
REAL ESTATE, LANDLORD-TENANT AND EMINENT DOMAIN
• Numerous landslide and soil subsidence cases.
• Numerous cases involving breach of contract, fraud, and failure to
disclose defects in the purchase and sale of real property.
• Eminent Domain action by owner of commercial property against a
wastewater disposal district
• Public nuisance dispute between municipality and national restaurant
franchise.
• Numerous landlord-tenant case involving issues of wrongful eviction
and habitability.
OTHER
• Numerous construction defect cases.
• Numerous product defect cases involving elevators, heavy construction
equipment, vehicles, scaffolding, warehouse equipment (fork-lifts,
etc.), surgical tools, welders, etc.
“MEDIATION OF THE UNUSUAL CASE”
• A case against a therapist in which, just after couples' therapy, the
husband murdered his wife
• A case in which a hospital turned over to the crematorium the wrong
corpse for cremation
• A case in which a mental patient escaped from a hospital, car-jacking
and wrecking a car, injuring a pregnant hospital patient
• A case in which two individuals were engaged in an amorous embrace
when their power boat crashed, resulting in the death of one of the
parties
• A case in which a tree fell in a forest, which struck the top of
another tree, which fell on a roadway, crushing a car and injuring the
motorist
• A wrongful termination case where the plaintiff was allegedly fired
for requesting child support from her employer who had allegedly
fathered her child, while the father –employer claimed he was merely a
sperm donor
• A breach of contract case where an orchid grower claimed he had
received merely ordinary orchids where exotic orchids had been promised
• A wrongful termination case in which plaintiff alleged she was
compelled by her employer to keep the key to his male chastity belt
• A premises liability case in which a horse bit a second horse, which
trampled Plaintiff.
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