Judge Gallo joined Judicate West following a distinguished legal career spanning over three decades. He was appointed to the U.S. District Court for the Southern District of California in 2009 and was the Presiding Magistrate Judge from 2020-2022. During his 14 years on the bench, his duties primarily pertained to resolving civil lawsuits and any discovery disputes that arose during litigation. Having presided over more than 2500 settlement discussions, he oversaw a wide array of matters including but not limited to employment, intellectual property, Lemon Law, ADA, FDCPA, FTCA, class actions, and personal injury,
Prior to his appointment, Judge Gallo served as a prosecutor at the state and federal levels for a combined 23 years, including 18 years as an Assistant U.S. Attorney for the U.S. Attorney’s Office for the Southern District of California in San Diego. He tried approximately 200 jury and bench trials as a criminal trial attorney.
Regarding his approach to dispute resolution, Judge Gallo stated, “I’ve learned that the case before me is the most important matter in the lives of the parties, regardless of the amount of money possibly at stake. Consequently, it has been my guiding principle to always keep that in mind when I engage with the parties and to treat every one of them with respect and dignity. A component of that is to provide the parties with an objective and candid assessment of the case, its strengths, and weaknesses, as I view the facts and law. The parties are owed no less from me.”
- ADA
- Civil Rights
- Class Action
- Employment
- Lemon Law
- Maritime & Admiralty Law
- Medical Negligence
- Patent and Trademark
- Personal Injury including Wrongful Death
With a passion for the outdoors, Judge Gallo enjoys hunting, fishing, and playing golf and pickleball in his spare time.
- Full-time Neutral, Judicate West (2024-Present)
- U.S. Magistrate Judge, Southern District of California in San Diego (2009-2023); Presiding Magistrate Judge (2020-2022)
- Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of California in San Diego; Prosecution of Federal Crimes (1991-2009)
- Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Illinois in Chicago; Prosecution of Federal Crimes (1989-1991)
- Deputy County Attorney, Yuma County Attorney’s Office; Prosecution of Major Felony Crimes (1989)
- Marine Corps Officer and Judge Advocate - Retiring at the Rank of Colonel, United States Marine Corps (Active Duty 1980-1986; Reserves 1986-2005)
- LLM - Concentration in IP, University of San Diego, School of Law (2013)
- MBA, University of Phoenix (2011-2012)
- J.D., Loyola University, School of Law (1976-1979)
- B.A., Duquesne University (1972-1976)
- Selected by the Department of Justice to serve as the Director of the Law and Order Task Force in Iraq; Led a joint 85-person civilian-military task force training Iraqi judges and lawyers, conducting criminal investigations, and providing security and protection to Iraqi judges (2008)
- As a Reservist, he served as the Staff Judge Advocate, a senior legal advisor role to the Commanding General of the First Marine Expeditionary Force (2003-2005)
- Presenter and panelist for various legal programs at multiple organizations including the American Bar Association, Federal Bar Association, and the Courts.
Banking/Finance
- Suits against credit reporting agencies for purported violations of the Federal Fair Credit Reporting Act and the California Consumer Credit Reporting Agencies Act.
Breach of Privacy
- Suits on purported class and individual bases for purported violations of the Telephone Consumer Protections Act.
Consumer Class Action
- Purported consumer class actions for false and misleading advertising, including claims against big pharmaceutical companies.
Contractual
- Consumer debt actions brought on purported class and individual bases against debt collectors under the Fair Debt Collection Practices Act and the California Rosenthal Act.
- Breach of contract suits brought by tenants living in military housing for alleged water intrusion and toxic mold exposure.
- Breach of contract suit for purported failure to manufacture and produce landscaping molds for commercial use subject to third-party contracts.
- Breach of contract suit between distributors of agricultural products under the Perishable Agricultural Commodities Act and alleging related claims for conversion, civil theft, and violations of the Uniform Fraud Transfer Act, the California Food and Agricultural Code, and the Unfair Competition Law.
- Breach of contract suit between biotechnology company and COVID rapid-test manufacturer during COVID-19 pandemic.
- Breach of contract suit between a sporting goods manufacturer and a large-scale storage facility for breach of contract, conversion, and declaratory relief.
- Breach of contract suit between a real estate developer and contractor for faulty installation of elevators for a beachfront luxury estate complex.
- Breach of contract suit between insured and insurance company for purported breach of contract, breach of privacy rights, and negligence arising from the same.
Fraud/Misrepresentation
- Mediated a case in which the plaintiff, an elderly widow, purchased a sailboat to fulfill the dream she and her husband had before he passed away to sail around the world. Plaintiff brought the sailboat to Defendant who was purportedly skilled in marine repairs. Costs for repair ballooned to more than two or three times the value of the vessel after full repair. Plaintiff alleges that Defendant did not inform her of costs. Defendant states he told Plaintiff that repair costs would be exorbitant and far exceed value. According to Defendant, Plaintiff insisted on the repairs being made.
Lemon Law
- Individual consumer actions for products liability, including car defects against manufacturers arising under the Song-Beverly Act.
A D A
- Single plaintiff actions arising under Title VII of the Civil Rights Act, Rehabilitation Act, Americans with Disabilities Act, California Fair Employment and Housing Act, and related statutes.
Discrimination
- Constructive discharge suit against global company for disability discrimination, retaliation, and related claims under the California Fair Employment and Housing Act.
Employment Wage & Hour Class Action PAGA
- Purported class actions arising under the California Labor Code, California Private Attorneys General Act, and Fair Labor Standards Act against small and large-scale employers with purported class and PAGA groups of up to five figures and across diverse industries including construction, pharmaceutical, sales, and technology.
Hostile Environment
- Suit by a former principal of a school within a unified school district for age and disability discrimination, hostile work environment, tortious interference with business relations, and California Labor Code claims.
Wrongful Termination
- Suit by a former, longtime employee for breach of sales commissions contract, wrongful termination, retaliation, and unfair business practices.
- Mediated a prelitigation wrongful termination case involving a CEO of a company bought out by a Japanese company. Plaintiff rose up through ranks quickly to become Co-CEO and then sole CEO. After a few months in the role as sole CEO, the parent company terminated Plaintiff. Plaintiff alleged discrimination based upon national origin. Defendants alleged termination was justified because of poor performance, toxic leadership style and hostile work environment.
ADA Issues
- Mediated a case in which the plaintiff claims wrongful termination after more than a decade of employment with constant promotions. The defendant disputes that termination was motivated by the plaintiff's misconduct and malfeasance.
Civil Rights
- During his 14-year tenure on the bench, Judge Gallo handled 105 Civil Rights cases.
Bad Faith
- Purported class actions and individual suits for breach of insurance contracts and claims of bad faith.
IP Copyright
- Copyright infringement actions, including a copyright infringement suit between a photographer and a corporation that purportedly published the photographer’s works absent a licensing agreement or photographer’s authorization.
- Mediated a copyright infringement case involving a company who is a prolific register of automobile photographs, many of which appeared on a lawyer's website who engages in Lemon Law litigation. The defendant alleged numerous defenses from invalidity due to improper registration of copyrights, to fraud, to denial of infringement, and finally to lack of knowledge of infringement.
IP Patent
- Patent infringement actions involving related claims of breach of contract, accounts stated, and open book accounts, in technology, consumer products, and biomedical industries.
IP Trademark
- Trademark infringement actions arising under the Lanham Act, California’s Unfair Competition Law, and California common law trade dress infringement and unfair competition claims implicating diverse industries, including sports gear and surgical device manufacturers.
Civil Rights
- Wrongful detention and arrest, and excessive force and wrongful death actions arising under Title 42 U.S.C. Section 1983 against government entities.
Maritime Law
- Wrongful death suits brought by multiple decedents’ estates against a sea vessel for alleged violations of the Jones Act, unseaworthiness, general maritime negligence, and vessel negligence.
- Complaint for exoneration from or limitation of liability arising from a collision between a small vessel and a mega yacht resulting in serious bodily harm, including the death of passengers.
Premises Liability
- Premises liability actions against small and large-scale businesses, including major entertainment theme parks.