Judge Papas brings the "pro" to professional. A former Federal Magistrate Judge for more than 18 years and now enjoying his encore mediation career since 2009, Judge Papas brings unparalleled judicial and private sector experience to each mediation; which is why, in his first year of private mediation, and every year since selections have been made, he has been chosen by the Daily Journal and his peers as a Top 50 Neutral in California, has joined the ranks of Super Lawyers and in 2014 was inducted into the International Academy of Mediators.
Those experiencing one of his thousands of mediations uniformly remark about his unpretentious and engaging yet businesslike personality, meticulous and thorough preparation, relentless work ethic, limitless patience and extraordinary passion for helping parties develop the necessary trust and framework to reach closure. From his groundbreaking practice of conducting Pre-Mediation Conferences (PMCs), to preparation of final settlement documentation and OBTWs (ask him), Judge Papas appreciates and takes into account the emotional, physical and economic impact of litigation on each party. He has used his broad private practice and public servant experience to help influence parties and find closure across the spectrum of disputes, including straightforward matters and those involving the most highly confidential and sensitive issues.
Among his many cases, he has helped parties find closure in the Chapter 11 San Diego Roman Catholic Diocese priest abuse cases (http://tinyurl.com/Priest-Abuse-Cases), multi-party claims against the Coast Guard and United States arising out of catastrophic injuries and death at the annual San Diego Bay Parade of Lights (http://tinyurl.com/DeWeese-CoastGuard), claims against the City of San Diego, SD Padres, SD Chargers and others regarding ADA claims against Qualcomm Stadium (http://tinyurl.com/Qualcomm-SuperBowl), City of San Diego/DeAnza mobile residence multi-party (230 claimants) and class action cases (http://tinyurl.com/City-DeAnza), the sad chapters resolving civil claims surrounding the historic Stephanie Crowe murder (http://tinyurl.com/Crowe-Murder), the tragic 1983 excessive force/wrongful death case against Orange County arising from police shooting (http://tinyurl.com/OC-Wrongful-Death), and Qui Tam claims involving a 14 year relationship between the City of San Diego and Rural/Metro, its emergency medical services provider (http://tinyurl.com/City-Rural-Metro). In addition, as a private mediator he has handled hundreds of highly confidential/sensitive matters, class actions and multi-party complex matters as well as more than 200 employment related matters.
Judge Papas is an eternal optimist and believes every case can and should settle through mediation. One attorney who has frequently utilized his skills echoes what so many others say, "Judge Papas is not just a great mediator but an exceptional human being. He is always thoroughly prepared as he makes it his mission to resolve every case with the same enthusiasm and tenacity as he did his last. His willingness to prepare and learn even the most complex subject matter is exemplary. He is my mediator of choice."
Judge Papas and his wife are travel enthusiasts --- visiting their son in New York, daughter, son-in-law and grandchildren
in San Francisco and taking cruises to many foreign ports and exotic locations. The Judge also plays at golf and is a fan
of most other sports.
"Judge Papas was an excellent listener; sensitive to our clients needs; understood the factual and legal issues."
- Attorney, San Diego, California
"Your dogged determination and your relentless attention to detail paved a mediated path to a settlement that I thought might never be achieved. I was astounded by the speed at which you learned the intricacies and the history of this case and were able to cut to the heart of the issues to help guide both parties to an effective solution."
- Client on a Complex Business Dispute
"Magistrate Papas is one of my go-to mediators. He’s pleasant, thoroughly prepared and has a thoughtful approach based on the issues and dynamic. Importantly, he brings credibility given his breadth of mediation and settlement experience. "
- Attorney on a legally complex Professional Malpractice matter
"Judge Papas is very effective in explaining the options to the client and evaluating the strengths and weaknesses of their positions."
- Attorney, Solana Beach, California
United States Magistrate Judge, Southern District of California (1991-2009); Presiding Judge (2002-2007)
Law Offices of Leo S. Papas, APC, Civil Litigation (1977-1991)
ADA; Fair Housing Act; US Constitution; claimed discriminatory conduct against multiple group residential/sober living homes by City in violation of federal law; multiple parties and sessions (6+mos); complex issues
ADA consumer class action arising from issues of disabled access to Fly Away facility and transportation services to/from LAX; injunctive relief
ADA consumer class action by disabled re access to public facilities and events; multi-party/issues; multi-session (5 years); injunctive relief, damages and attorney fees; complex legal and remediation issues; involved issues surrounding 2003 Super Bowl
ADA class action centered on national chain failing to accommodate employees disabilities
ADA class action involving disability access to facilities of major hotel chain
Claims in multiple states/venues involving disputed business/partnership status and dissolution over >20 year relationship; involved significant IP and complex legal/fact/tax issues
Trustee in bankruptcy suit against bank for conversion of estate assets; complex factual and legal issues regarding loans and secured financing
Consumer Class Action
Consumer class action challenging service tax by City on mobile devices; Multi-session; complex issues; seven figures including tax relief
Two class actions involving two different but related claims of breach of fiduciary duty and negligent/intentional misrepresentation in curriculum at higher educational institution. Multiple parties and sessions; complex primary and excess coverage, factual and legal issues; involved multiple layers of coverage, consent and eroding policy concerns.
Multi-state class action -- Claims that defendant company operated in multiple states as collection services partner in violation of states' collection and property management laws; tax laws and multiple insurance coverage issues; multiple sessions over extended time period; jurisdictional and venue issues;
Breach of contract; 8 figure post-judgment resolution reinstating original contract; complex legal/appellate and technology issues; multi-session (9 months)
Resolution of claims among multiple family members related to interpleader of insurance death benefits
Dispute between religious organizations over bequest of personal and real property
Commercial lease dispute between landlord and major tenant; lease terms; rent; tenant improvement allowances; deferred maintenance and capital improvements for commercial center
Bankruptcy adversary proceeding involving fraudulent transfers, preferential transfers, breach of contract, negligence and breach of fiduciary duty
Chapter 11 issues involving multiple entities, developments, lenders and investors; complex and extended time, financial, legal and factual issues; developments covered decades; multiple sessions over several years
Claims by trustee in bankruptcy against debtor for misuse of estate assets
Bank failure resulting in litigation in and out of bankruptcy; shareholder derivative suits/trustee recapture/preference claims against professionals/individuals/businesses/insurance companies; professional liability claims against attorneys/accountants; complex federal/state statutory legal and factual issues; coordinating in excess of 40 attorneys
Claims of construction defects arising from remodel of multi-million dollar residence; multi-party, issues and complex factual and legal disputes with significant coverage claims
Whistleblower Wrongful Term
Qui Tam/False Claims Act; claims against national company alleging false claims for payment; multiple parties; complex issues
HUNDREDS OF CASES in the last six years involving the full spectrum of employment related Federal/State wrongful termination claims: FEHA; ADA; qui tam; sexual harassment; failure to accommodate; failure to engage in interactive process; pregnancy; family leave; retaliation; wages; individual PAGA and virtually every other category of employment case
Environmental claims; public tidelands lease terms and conditions; multi-party/issues
Overall dealt with land use issues, hazardous/toxic waste sites, inverse condemnation related to methane gas underground migration, hazardous waste
remediation projects including extraction systems, regional water quality control boards, Miller Act and mechanic’s lien cases, construction and development projects,
construction defect matters involving a myriad of problems and solutions including water issues, but no specific single-issue sustainable groundwater rights claims
while on the bench and as a mediator. Also read materials on groundwater rights issues and understand the relationships between local, regional and state/federal
Qui Tam claims of diversion of public funds; multi-session (1+ year); multi-party; complex forensic accounting issues
Insurance bad faith claims regarding indemnity by plaintiff to third party arising from different interpretation of policy provisions; multiple parties; complex and multiple coverage and legal issues
Claims against insurance company arising out of wild fires and partial destruction of property; coverage and additional insured issues; complex factual and legal disputes
Medical Mal Dental
Claim for negligent dental treatment during routine procedure; multiple sessions; difficult consent and insurance issues
Professional Malpractice Legal
Complex multi-plaintiff (35)/defendant (7) entities and multiple individual defendant parties; investment/development/fund control issues; complex professional liability and insurance coverage issues; multiple sessions over 1 year
Claims of attorney conflict and breach of fiduciary duty and duty of loyalty; bad faith claims and insurance coverage issues; multiple sessions plus separate conferences
Claims by client against attorney for negligent legal and tax advice regarding investment decisions.
Inverse condemnation arising from subsidence of shoreline; multiple sessions and parties
Home Owners Association
Pre-filing mediation regarding allocation of remediation fund for repairs to commercial and residential condominiums; multiple parties and sessions with complex factual and construction issues
Class action by mobile home residents arising from efforts by City to evict occupants; claims versus the City for violations of the California Mobile Residency Law; multiple post-trial sessions; multiple and complex legal and insurance coverage issues
Multi-party and HOA dispute over repairs/maintenance and responsibilities for same in commercial and residential development; multiple sessions over more than one year; complex individual and HOA issues; complex factual and real property questions; significant insurance coverage issues
Suit to establish lien rights and priority regarding refinance of purchase money loan; complex legal issues; detailed factual events
Claim for damages for breach of contract and fraud arising out of loan modification and representations regarding trustee sale; complex legal and factual issues surrounding foreclosures
Catastrophic injuries to 5 passengers in military helicopter which collided with power lines; multi-party; multi-session (over 1 year); multi-group/separate sessions; complex flight engineering and medical issues
Catastrophic injury including brain trauma to mid-30s professional whose car was t-boned at 40+mph by company employee not properly medicated
Historic civil rights case against police officers and cities arising from a well known murder case; high profile/publicity; multi-party; multi-session; complex issues
Civil Rights (1983) excessive force; Officer involved shooting of plaintiff after high speed auto/foot chase; plaintiff is C-5 Asia A quadriplegic requiring life care plan; plaintiff also charged with multiple felonies and convicted of evading law enforcement
Mass tort/consumer claims of injury and property damages against City by individual residents of multi-party (350 plaintiffs); multi-issues/sessions; complex issues; insurance coverage issues
Catastrophic injury of minor struck by car driven by company employee; life care plan with special needs trust and structure
PI Sexual Molestation
Allegations of personal injury/sexual molestation/child abuse during school
Personal injury/sexual molestation claims against employer over an extended period of time; significant insurance issues
Personal injury/sexual assault allegations against students in educational institution; insurance coverage issues
Claims of personal injury; product liability; fraud; breach of fiduciary duty; conspiracy claims against doctor, UC Regents and medical device provider; multi-session/parties; case settled with doctor and UC Regents; seven figures
Civil Rights (1983) excessive force; negligence; wrongful death & Dillon claims; law enforcement shooting witnessed by surviving minor children; joint powers
Resolution of multiple claims related to interpleader of insurance death benefits. Claims involved minors and adults involved in a catastrophic auto/truck high speed collision.
Claims of negligence and wrongful death against doctor and medical facility related to treatment of patient in emergency care
Claims against doctor for negligence during routine surgery leading to death of patient; significant consent and insurance disputes