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REBECCA GREY, ESQ.

  • Based in Northern California, available in All of California
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

Rebecca’s mediation experience includes employment, real estate, landlord tenant, personal injury as well as a strong emphasis on insurance coverage, bad faith and ERISA matters. Prior to becoming a full time neutral, Rebecca enjoyed a 20-year litigation career handling employment, insurance coverage, bad faith and ERISA life, health and disability claims. As an attorney and partner at a boutique insurance coverage firm, she handled coverage disputes on behalf of policyholders involving business insurance coverage, subrogation, life, health and disability insurance, ERISA and bad faith. In 2012, she founded The Grey Law Firm, PC where she continued to specialize in life, health and disability coverage bad faith and ERISA cases. Also starting in 2012, Rebecca was appointed Judge Pro Tem at the San Francisco Superior Court, where she began mediating all types of civil disputes including employment, landlord tenant, personal injury, insurance coverage matters.

Rebecca’s mediation style is direct, down to earth, and personal. Her decades of experience representing individual plaintiffs has sharpened her ability to hear and understand their experiences and motivations. Her experience as a trial lawyer enables her to provide parties with a realistic expectation of ongoing litigation and trial. Rebecca’s goal is to give litigants the opportunity to exert control over the outcome of their legal disputes to achieve certainty and closure.

Practice Areas

Hobbies & Interests

In her spare time, Rebecca enjoys being with her daughter and/or dog anywhere on or near the water, camping, podcasts, puzzles, and watching horror films.

Website

https://greyresolution.com/

Testimonials

"Ms. Grey resolved a very contentious, high-profile employment case that was on the verge of a jury trial. I believed the chances of settling the case were next to zero. Despite my apprehensions about the case, Ms. Grey was able to get it settled by bringing great skill, knowledge and experience to the entire process. She immediately demonstrated to the parties a firm grasp of the factual and legal issues that would likely determine the outcome of the case. She gave insightful feedback about how those issues might play out at trial. Moreover, she understood and supported my client’s emotional needs to be heard, listened to, and supported throughout the conference—she established a strong rapport with me and my client, which facilitated the negotiations greatly. She was a great listener, and showed great empathy to my client’s emotional pain and suffering. Ms. Grey’s knowledge of employment law was extensive. Ms. Grey basically did something close to the impossible in getting my case resolved, for which me and my client are eternally grateful. I would highly recommend Ms. Grey’s services as a mediator or settlement conference neutral to anyone."
- Attorney on an Employment Matter

"Rebecca Grey is a terrific neutral. She is tough but balanced and was able to both hear and communicate with my client directly with compassion and pragmatism. Our matter was emotionally charged on both sides, and she managed to help the parties deal with the factual and legal issues without letting the parties’ feelings become a distraction. I would use her mediation services again in a minute!"
- Attorney on a Landlord/Tenant Dispute

"Ms. Grey is an excellent mediator. She is very intelligent, easy to work with, and great at what she does. I highly recommend her."
- Attorney on a Property Damage Matter

"Rebecca is an excellent mediator. I am pleased that I have added her to my neutral list. She has settled two cases in the last 60 days for me."
- Attorney on a Real Property Breach of Contract case

"Ms. Grey facilitated the settlement of a difficult, multi-party personal injury case with a pro per plaintiff with potentially significant injuries and damages but no apparent sense of what he wanted and extremely unrealistic expectations for a settlement that was fair to all parties. Ms. Grey clearly understood the issues from the standpoint of all parties, was straightforward and pleasant to work with and went above and beyond to get the case settled."
- Attorney on a Multi Party Personal Injury Matter

"Ms. Grey had an excellent command of the facts and the law and was well prepared. She also took great care in engaging with my client, building trust and rapport."
- Attorney on a Personal Injury Auto case

"Ms. Grey had a great understanding of the case."
- Attorney on a Personal Injury Slip & Fall case

"Ms. Grey was both compassionate and tenacious in getting our case settled."
- Attorney on a Personal Injury Slip & Fall case

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Links and Articles

Experience Summary

Legal Career

  • Mediator, Arbitrator, Private Judge, Judicate West (Present)
  • Mediator, Grey Resolution (2018 – Present)
  • Judge Pro Tem, Discovery Panelist, San Francisco Superior Court (2012-Present)
  • Appointed Mediator United States District Court, Northern District of California, Early Neutral Evaluator/Mediator (2019-present)
  • Appointed Panelist, The Bar Association of San Francisco (2018-Present)
  • Appointed Settlement Panelist, Marin County Superior Court (2018-Present)
  • Appointed Day of Court Mediator, Alameda County Superior Court (2019-Present)
  • Appointed Mediation Mentor, Contra Costa Superior Court (2019-Present)
  • Mediator, Community Boards, San Francisco (2018-Present)
  • Faculty, Stanford Law School Trial Skills Program (2010-Present)
  • Partner/Principal, The Grey Law Firm, PC handling insurance coverage, bad faith, ERISA life, health, long term care and disability matters (2012-2019)
  • Partner, Pillsbury & Levinson, LLP (now Pillsbury & Coleman) handling insurance coverage, business, and individual, specializing in life, health and disability coverage, ERISA (1999-2012 (partner from 2007)
  • Attorney, Lawless, Horowitz & Lawless (now Lawless & Lawless) handling all types of employment disputes (1998-1999)
  • Legal Research Attorney, San Francisco Superior Court (1996-1998)
  • Internships: Employment Law Center (now Legal Aid at Work), employment discrimination public interest organization (1995); Steel, Clarence & Buckley (now Clarence, Dyer & Cohen) Habeas Corpus, criminal defense, employment and personal injury boutique (1995); California Appellate Project, post-conviction capital appeals (1994)
  • Staff Investigator, Seattle Public Defender (1991-1993)

Education & Professional Affiliations

  • J.D., Stanford Law School (1996)
  • B.A., University of California, Santa Cruz (1990)
  • Pepperdine Law School, Straus Institute, Mediating the Litigated Case (42 Hours) (2012)
  • Northern District of California ENE and Mediation Certification (40 hours) (2019)
  • Community Boards, Mediation Training for Community Dispute Resolution (40 hours) (2018)
  • San Francisco Trial Lawyers Association, Member (1999-Present); Board Member (2010-2014)
  • Consumer Attorneys of California, Member (1999-Present)
  • Bay Area Lawyers for Individual Freedom, Member (1996-Present)
  • Alameda County Trial Lawyers Association, Member (2018 – Present)
  • Contra Costa County Trial Lawyers Association, Member (2018 – Present)
  • California Employment Lawyers Association, Member (2018-2019)

Achievements & Awards

  • California SuperLawyer (2012-2019)
  • Let’s Talk Confidentiality: California’s New Mediation Requirements, CLM (November 2019)
  • Lying in Mediation, Plaintiff Magazine (Fall 2019)
  • ERISA as Zombie Apocalypse, Plaintiff Magazine (Fall 2016)
  • Translating Disability Insurance Issues for the Treating Doctor, Plaintiff Magazine (2013)

Legal Experience

  • ERISA
  • Insurance Bad Faith including Life Health & Disability, Policy Limits and Excess Verdicts
  • All types of Employment Disputes
  • Landlord/Tenant
  • Personal Injury

Representative Case Information

Recent Representative Cases

Business/Commercial

Lemon Law

  • Song-Beverly action claiming multiple automotive defects during relevant period for luxury certified pre-owned car purchase, including pre-litigation requests from the manufacturer for a buyback.
  • Plaintiff brought lemon law claims for repeated alleged defects in a luxury automobile transaction involving lease and purchase after lease. Plaintiff also alleged fraud claims for diesel manufacturing design which permitted the car to pass emissions testing despite excessive diesel emissions at certain temperatures.
  • Song-Beverly complaint by the purchaser of a luxury SUV who experienced repeated problems with display screens and unintended door unlatching; Manufacturer alleged defects were either not reproduced or repaired.
  • Song-Beverly claim for multiple safety-related electrical and transmission problems in a new car lease wherein the plaintiff sought total buyback plus civil penalties, and fees, and the defendant denied the existence and pre-litigation notice of any defect.

Employment

Disability

  • Plaintiff alleged FEHA claims against the county for failure to engage in the interactive process, failure to accommodate, and retaliation arising from her disability arising from a severe workplace injury incurred during her training as a deputy sheriff. Defendant contended it engaged in numerous interactive processes and appropriately accommodated the plaintiff's disability in finding her temporary and permanent alternate positions.

ERISA

  • ERISA disability claimant was denied Long Term Disability after nearly a decade on the claim. Plaintiff claimed denial was wrongful as the disability was well corroborated by extensive medical records and functional capacity evaluations; Defendant claimed after Social Security denial at the ALJ level that Plaintiff failed to satisfy the "any occupation" definition of disability.

Wage and Hour

  • A doctor who was formerly employed by a local clinic brought a labor commission claim for unpaid wages claiming she had been improperly classified as an independent contractor.

Wrongful Termination

  • African-American female plaintiff alleged race discrimination, harassment, retaliation, and wrongful termination after being terminated from a position in which she complained of racial animus by her co-workers.

Insurance

Bad Faith

  • Plaintiff ICU doctors brought breach of contract and bad faith claims for disability during high-risk pregnancy during COVID.

Coverage

  • Long term disability claimant made ERISA claim for wrongful termination of benefits for disability from "any occupation" where carrier terminated benefits despite claims of disability for cardiac conditions, chronic pain, diabetes, fibromyalgia and secondary medical diagnoses.

Property Damage

  • Plaintiff insurance company brought subrogation action against subcontract which it alleged caused a fire on a residential construction site; subcontract cross-complained against the general contractor which in turn cross complained against the homeowner and its own insurer.

Professional Malpractice

Medical Malpractice

  • Plaintiff claimed the surgeon committed malpractice during a male breast reduction procedure resulting in a puncture wound in the pectoral muscle and a subsequent hematoma with lasting complications.

Real Estate

Landlord/Tenant

  • A long-term tenant displaced by fire made various habitability claims including a claim for future rent differential when the defendant landlord failed to timely invite her to return to the repaired unit.
  • Plaintiff alleged an improper owner move-in eviction where the new owner's notice of eviction was based upon the new owner's mother moving into the unit but where the unit was subject to nearly two years of remodeling before the owner's mother actually took possession of the unit.
  • Participated in settlement of a case arising from long-term tenancy of a single-family dwelling in San Leandro. Plaintiffs made habitability claims including rodents, mold, operable windows, plumbing, and security complaints; Plaintiffs also alleged retaliatory attempts to evict. The property owner contended she responded to and repaired all conditions of which she had notice.

Warranty of Habitability

  • Plaintiff brought habitability and retaliation claims against her landlord alleging rodents, mold, upkeep, and habitability problems over her 6-year tenancy, forcing her to move out. Defendant contended he responded to all legitimate claims promptly and appropriately and that tenant moved out because she lost her job.

Tort

Personal Injury

  • Personal injury claim for an unlicensed handyman who claimed injuries from a fall off a ladder at the defendant's home. The parties disputed whether WC was the exclusive remedy.
  • Plaintiff made claims for chronic personal injuries after stepping into an uncovered utility box on a public sidewalk on Treasure Island. Defendants claimed it lacked notice and challenged medical causation for the claimed injuries.
  • Personal injury matter by an unlicensed subcontractor against the homeowner after a fall from a ladder resulting in severe leg injuries.

PI Auto

  • Mediated pre-arbitration first-party Underinsured Motorist auto accident case involving claimed chronic cervical and lumbar spine whiplash injuries and emotional distress.
  • Plaintiff was "doored" while riding her bike and claimed injuries to her neck, back, and shoulder which required ongoing medical treatment.
  • Plaintiff bicyclist and City-operated Parking Control Officer's vehicle collided, injuring the plaintiff. Plaintiff claimed negligence against the municipality and parking control officer. Defendant denied liability and disputed the extent of damages and alleged comparative negligence.

PI Sexual Assault

  • Personal injury alleged by the plaintiff against the defendant in sexual assault in a hotel room. Plaintiff alleged physical and mental injuries.

Premises Liability

  • Plaintiff alleged personal injuries arising from an accident in which a grocery clerk collided with her pushing a fully stocked dolly. She claimed chronic injuries to the neck, shoulder, and hip as well as mental injuries and emotional sequelae; Defendant contended that the plaintiff suffered a small ankle contusion and any subsequent claims were unsupported by the medical evidence and/or were pre-existing.
  • The plaintiff fell off a raised sidewalk, severely fracturing her hip, and alleged premises liability for dangerous condition and failure to provide necessary guardrails and visual indicators to reduce the risk of falling. The defendant claimed code compliance in the immediate area of the fall, any risks were open and obvious, and comparative negligence.
  • The plaintiff, a fast-food customer, was engaged in a physical altercation with an employee on restaurant premises in front of his wife and minor children, alleged premises liability and negligence by the employee and franchise. The defendant alleged that the plaintiff initiated the altercation with the teenage employee.

Workers Compensation

  • Arbitration turned mediation of a subrogation claim involving a dispute about entitlement to the allocation of third-party tortfeasor payment of policy limits where workers comp carrier, underlying plaintiff, and plaintiff's counsel all claimed entitlement to some or all of the funds.