Hon. Robert J. Moss, Ret.

Construction Defects

• Presided over numerous construction defect cases.

Pregnancy Discrimination

• Presided over an employment discrimination case in which the plaintiff alleged she was terminated by a university department due to her pregnancy.

Sexual Harassment

• Presided over a case in which a veterinary assistant alleged sexual harassment by her veterinarian employer.

Wage and Hour Class Action

• Presided over numerous wage and hour class action cases.

Wrongful Term & Discrimination

• Presided over a case in which the plaintiff alleged constructive termination based on gender discrimination.

Wrongful Termination

• Presided over a case in which a high-ranking officer in a local police department alleged constructive termination and violations of the Peace Officers Bill of Rights (POBOR).

Bad Faith

• Mediated a complex insurance and bad faith dispute in which the plaintiff insurance company, after accepting the defense of an underlying federal case, sought reimbursement of attorney’s fees. The defendant insured counterclaimed for breach of contract and bad faith. A mediator’s proposal was issued to resolve the matter.

Coverage

• Mediated an insurance bad faith case involving the denial of defense.

IP Trade Secrets

• Presided over a trade secrets case involving an alleged breach of an employment contract and violation of the Trade Secrets Act. A senior executive at a major medical equipment manufacturer resigned to join a competitor and, prior to his departure, allegedly downloaded thousands of documents containing proprietary information. The plaintiff sought injunctive relief and monetary damages.

Dental

• Presided over a dental malpractice case in which multiple patients sued a holistic dentist for the unnecessary removal of amalgam fillings and teeth that had undergone root canal procedures.
• Mediated a dental malpractice case in which the plaintiff alleged permanent nerve damage following the extraction of four wisdom teeth, resulting in loss of sensation on the right side of the tongue and gums, and permanent loss of taste. The defendant asserted that the injuries were a known surgical risk and that informed consent had been obtained.

Medical

• Presided over a medical malpractice case in which the plaintiff alleged that her physician unreasonably delayed the diagnosis of colon cancer, resulting in the loss of timely treatment options.
• Presided over a medical malpractice case involving an orthopedic surgery in which the plaintiff alleged that a misplaced screw during the repair of a right foot injury caused nerve damage.

Accounting

• Presided over an accountant malpractice case in which a mentally disabled heir alleged that her accountant mishandled the taxation of multiple inherited assets, resulting in substantial tax liabilities and penalties.

Legal

• Presided over a Legal Malpractice case in which the plaintiff contended that the defendant failed to file her legal malpractice claim within the appropriate period of limitation.

Landlord/Tenant

• Presided over a case in which a marine fuel station tenant sued the land and dock owner for wrongful termination of the lease.

Property Damage

• Mediated a single-residence construction defect case involving alleged water intrusion from a planter installed by a neighboring homeowner. The plaintiff claimed the planter—adjacent to an exterior wall—was the source of damage, citing expert findings from both her own and the HOA’s consultants. The defendant maintained she had received HOA approval for the planter, though the HOA had no record of it. The defendant also attributed the issue in part to the absence of rain gutters. The HOA began interior remediation but left the plaintiff’s unit unrepaired and uninhabitable.

Assault and Battery

• Mediated a personal injury case arising from a barroom altercation in which the defendant’s security personnel physically ejected the plaintiff, resulting in a dislocated and fractured shoulder, lip laceration requiring stitches, and alleged traumatic brain injury and emotional distress. The defendant contended the plaintiff was uncooperative and responsible for his own injuries. The case settled in the six-figure range.

Catastrophic Injury

• Presided over a personal injury case in which a pedestrian—wife and mother of three—sued the driver, the city, and the state highway agency for catastrophic brain and multiple orthopedic injuries sustained in a crosswalk accident.

General Negligence

• Mediated a dog bite case involving a toddler bitten by his grandfather’s dog. The child required emergency care with stitches, experienced an allergic reaction to antibiotics, and developed an infection necessitating a five-day hospital stay. Although scars remain, they are not disfiguring. The child’s mother asserted a bystander emotional distress claim. The case resolved with a global six-figure settlement for both claims.

Personal Injury

• Mediated a slip and fall case involving an elderly plaintiff who sustained a distal radius fracture with ongoing wrist and thumb pain. The defendant raised defenses of trivial defect, lack of notice, and comparative fault. The case settled in the six-figure range.
• Mediated a complex restaurant slip and fall case involving a plaintiff in her late twenties with a significant medical history, including diabetes, Charcot’s syndrome, and morbid obesity. One year after the incident, the plaintiff underwent a below-the-knee amputation, which she attributed to the fall. The defense contended the amputation resulted from pre-existing conditions.
• Presided over a trip and fall case involving poorly marked speed bumps in a grocery store parking lot, resulting in orthopedic injuries to the plaintiff.

PI Auto

• Mediated an auto versus skip loader case in which the plaintiff alleged injuries to the dominant hand's thumb and wrist, requiring three surgeries. The defendant disputed liability and causation.
• Mediated a two-vehicle left-turn accident case. Plaintiff alleged soft tissue injuries to the neck, back, elbow, and shoulder, along with a PTSD claim. Largely recovered with mild residual complaints. Case settled in the five-figure range.
• Mediated a rear-end freeway accident case. Plaintiff alleged neck, back, shoulder, and knee injuries and was a candidate for back surgery, though none had been performed at the time. Settled in the six-figure range.
• Mediated a multi-plaintiff case involving a two-vehicle collision allegedly caused by running a red light. Adult plaintiffs sustained soft tissue injuries and were subject to Prop 213 limitations. A minor child was evaluated in the ER with minimal injury. Total settlement reached in the high five-figure range.
• Mediated a two-vehicle left-turn accident with disputed liability. Defendant claimed they stopped for pedestrians; alleged plaintiff was speeding and had no headlights on. Both driver and passenger were plaintiffs; Prop 213 applied to the uninsured driver. Reached a global settlement in the five-figure range.

Premises Liability

• Mediated a case involving a restaurant fire table explosion caused by a leaking propane gas line. Plaintiff sustained burns to the left hand and torso.
• Presided over a case involving orthopedic injuries sustained when a residential deck collapsed, causing the plaintiff to fall approximately 10 feet onto rocks below.
• Mediated a case where a city-owned tree fell over striking the roof of the plaintiff's dwelling. The plaintiff claimed the ceiling fell down on her while she was sleeping causing serious head and spinal injuries.

Product Liability

• Mediated a product liability case involving the traumatic amputation of the plaintiff’s dominant hand when a paper-cutting blade descended despite the machine being disconnected from power. Plaintiff alleged negligent design. The hand was surgically reattached, resulting in severe disfigurement and significant psychological injury. Settled in the seven-figure range.
• Presided over a case in which a construction worker sued the manufacturer and supplier of a scissor lift following a fall during a hotel project. Plaintiff alleged a defective fall prevention system and sustained catastrophic brain and multiple orthopedic injuries.
• Presided over consolidated cases arising from a single-plane aircraft accident in which the pilot was killed and passengers sustained severe injuries. Claims included pilot negligence and product liability for defective aircraft components.

Wrongful Death

• Mediated multiple wrongful death claims stemming from a mass shooting at a local beauty salon. An early specially set settlement conference resulted in resolution, avoiding protracted litigation.