Hon. David De Alba, Ret.

Disability and Wrongful Termination

• Mediated a case involving a supervising merchandise team lead for over 25 years that alleged failure to accommodate lifting work restriction, failure to engage in the interactive process, harassment and age discrimination after being fired for violating the COVID mask policy.

Discrimination

• Mediated a case involving a teacher employed with a school district for 20 years. The teacher claimed that the school district engaged in systemic age discrimination against veteran teachers, resulting in disparate treatment and ultimately in constructive termination after years of hostile and unfair treatment.
• Mediated a case involving the General Counsel in a successful Silicon Valley venture, terminated after promotion to Vice President. She alleged unequal pay for women, whistleblower retaliation and discrimination.

Wage and Hour

• Mediated a discrimination, harassment, and wrongful termination claim brought by two police officers on local police department.
• Mediated a claim by a food server employed for over 15 years who alleged failure to accommodate after she suffered an industrial injury, failing to engage in the interactive process and disability discrimination.

Whistleblower Wrongful Term

• Mediated a wrongful termination action brought by 30-year university employ who allegedly destroyed public property.

Wrongful Termination

• Presided over a variety of employment cases including but not limited to wrongful termination and defamation.

Civil Rights

• Presided over several civil rights jury trials including a wrongful death shooting by a peace officer of a young African-American man and multiple excessive force cases alleging violations of USC Section 1983.
• Heard dozens of motions in criminal cases alleging violations of the 4th Amendment including but limited to unlawful search and seizures, Miranda violations, and unlawful detentions of citizens.
• As a deputy attorney general, he represented dozens of narcotics officers, special agents, SWAT team members, and highway patrol officers in cases of force involving claims of wrongful death, use of excessive force, and section 1983 violations in state and federal courts. In a high-profile case, he represented a highway patrol officer before a jury accused of shooting and killing a motorist while investigating a DUI violation.

Estates/Trusts

• Presided over a variety of probate cases including estates and trusts.

Medical Malpractice

• Adjudicated dozens of medical malpractice cases including dental malpractice.
• Mediated a medical malpractice claim against a healthcare company, following negligent nerve surgery on a middle-aged woman with “drop foot” condition as a result of nerve damage caused by the surgery.

Professional Malpractice Legal

• Adjudicated dozens of legal malpractice disputes including attorney fee disputes and misappropriation.

Real Property

• Adjudicated hundreds of unlawful detainer cases including residential and commercial, non-payment, bank foreclosure, nuisance, wrongful eviction, habitability, discrimination, and force majeure issues.
• Adjudicated dozens of civil real estate cases involving HOA issues, property line disputes, neighbor altercations, real estate agent disputes, non-disclosure and misrepresentation, tree cases, fence, and view disputes.

Assault and Battery

• Mediated a case involving a female student at a private university assaulted by a male student after a night of drinking alcohol.

Personal Injury

• Mediated an Infliction of Emotional Distress case involving a helicopter crash on a front lawn in a residential area while a family was inside their home. No physical injuries to any family member, but claims by each family member for post traumatic stress disorder/depression on bystander liability under theory of negligent infliction of emotional distress. Because of Judge De Alba's fluency in Spanish, he was able to communicate with the family directly and facilitate the negotiation and settlement.
• Mediated a case involving a customer sitting on the outdoor patio area of a restaurant and suffered physical injuries when struck by a falling branch from a large tree.
• Mediated a case involving a trip and fall near a payment kiosk at a state campground on uneven pavement, suffering a fractured elbow. Plaintiff alleged dangerous condition of public property.

PI Auto

• Adjudicated dozens of personal injury cases including auto, slip-and-fall, and wrongful death.
• Mediated a rear-end accident on a freeway, caused by a large commercial truck. Plaintiff claimed soft tissue injuries and loss of enjoyment of life from injuries that impacted his golfing skills and activities.

PI Sexual Assault

• Mediated a case involving a Dean of Arts and Humanities who claimed sexual harassment, retaliation, and constructive termination.

Premises Liability

• Mediated a claim of dangerous condition of public property after a large oak tree fell on a vehicle traveling on a public roadway, crushing the vehicle and injuring the sole passenger.
• Mediated a case involving a customer sitting on the outdoor patio area of a restaurant and suffered physical injuries when struck by a falling branch from a large tree.
• Mediated a case involving a trip and fall near a payment kiosk at a state campground on uneven pavement, suffering a fractured elbow. Plaintiff alleged dangerous condition of public property.

Product Liability

• Mediated a products liablility case brought against a major automobile manufacturer. The victims included minors who lost their parents and suffered severe burns after the vehicle ignited into flames as a result of a high speed rear-end impact.
• Mediated a product liability case against a major car manufacturer where a passenger car was rear-ended and exploded, killing three adult passengers and severely burning several children in the car. As a Spanish speaker, Judge De Alba was able to speak to the Spanish-speaking family.