David S. Bright, Esq.
David Bright is a founding partner of White and Bright, LLP, which was established in 1981. Mr. Bright is an AV Preeminent® rated trial attorney by the Martindale-Hubbell national directory, gaining professional and national recognition after successfully trying cases in real estate and trust litigation, and frequently lecturing and writing about various issues pertaining to real estate law and disputes. After 45 years of practice, Mr. Bright retired in 2020 from the practice of law to become a mediator with West Coast Resolution Group.
In retiring from practice, Mr. Bright continues his career as a mediator which began years ago. He has extensive experience as a private dispute mediator of real estate and business disputes. His related experience includes acting as a judge pro tem of the San Diego Superior Court, as a court-appointed discovery referee, and court-appointed settlement officer and arbitrator. He also spearheaded the two-attorney volunteer settlement panels to assist the Superior Court (North County) in resolving cases when they were initially filed and answered.
His passion to mediate cases to a negotiated resolution stems from his representation of parties in thousands of litigated disputes over four plus decades of practice. Knowing full well the economic as well as emotional cost, and uncertainty of litigation, Mr. Bright is dedicated to finding mutual resolution to cases through mediation, in the most economical and expeditious context possible.
RATES:
- $500 per hour in session (full day, half day and three-quarters of a day available at proportionate rate; plus an additional preparation fee pre-mediation session, for two hours at $500 per hour); all divided equally between the parties
- $225 non-refundable per party administrative fee
LEGAL CAREER & PRIOR EXPERIENCE:
- Mr. Bright has extensive pretrial and trial experience (both bench and jury) with an emphasis on complex real estate, business, financial abuse and trust litigation. He was also the lead of the firm’s transactional group with an emphasis on real estate matters.
- Mr. Bright has testified as an expert witness in the California Superior Court on real estate issues as well as broker and attorney standard of care issues.
- Real estate matters litigated and mediated by Mr. Bright, and for which he is available to mediate, include but are not limited to:
- buyer/seller/agent disputes
- deposit disputes
- commission disputes
- partition
- landlord/tenant disputes (commercial and residential)
- commercial and residential lease matters
- title issues
- easement cases, trespass claims, boundary adjustments
- owners/homeowner association matters
- neighbor disputes
- foreclosure issues
- mechanics’ lien actions
- homeowner/contractor disputes
- breach of contract and construction defects issues in the context of real estate contracts, homeowner association disputes, and transactions (commercial, residential and bare land)
- specific performance cases
- Lead Defense Counsel for precedent setting case of Padgett v. Phariss 54 Cal App.4th 1270; judgment affirmed on appeal in favor of clients
- Nationally renowned case of Ummel v. REMax (2008), unanimous jury verdict in favor of clients; not appealed
- Judgment for clients in excess of $11.4million, Tong v. Wong, breach of fiduciary duty found against a trustee of an irrevocable trust, bench trial, not appealed
- Mr. Bright represented California Special Districts, including the Vista Fire Protection District and Deer Springs Fire Protection District for many years
- Represented parties in wills and trust litigation involving complex issues including, but not limited to breach of fiduciary duty, surcharge, real estate issues, accountings and objections thereto
- Successful representation of a Fortune 500 developer in a dispute with a buyer over a $10 million pre-released deposit
EDUCATION & PROFESSIONAL AFFILIATIONS:
- B.A., cum laude, University of California, Los Angeles (1971)
- Graduated, Juris Doctor degree conferred by University of San Diego School of Law, (1974)
- Admitted to Practice (1974): California State Courts U.S. District Court, Southern District of California U.S. District Court, Central District of California
- State Bar of California, 1974 through present
- AV Preeminent® rated, Martindale-Hubbell
- San Diego North County Bar Association (Board of Directors and 1994 President)
- Fiorenzo V. Lopardo Inns of Court, Founding Member and Master
- Judge Pro Tem of the California Superior Court, San Diego County
- Civil Law Settlement Officer for the California Superior Court, San Diego County
- Judicial Arbitrator, California Superior Court, San Diego County
- Special Discovery Master, California Superior Court, San Diego County
- Regent and Chairman of Conduct Committee, Realtor® University, Chicago, IL
ALTERNATIVE DISPUTE RESOLUTION:
- Graduated from Pepperdine University’s Straus Institute for Dispute Resolution, a leading international program that provides comprehensive mediation training (2010)
- Founder, director, and mediator, Bright Mediations, 2013 through 2020
- Completed National Conflicts Resolution Center’s Theory and Practice of Mediation (2020)
- Represented hundreds of parties in mediations over decades as a litigator
ACHIEVEMENTS & AWARDS:
- President of the Bar Association of North San Diego County (1994)
- Attorney of the Year, North County Bar Association (2011-2012) Articles and Presentations:
- Contributor and Editor, California Real Estate Broker for the CEB Law and Litigation publication
- Frequent lecturer in real estate law and counsel to the North San Diego County Association of Realtors® and the Pacific Southwest Association of Realtors®, member of CAR’s Legal Affairs Committee, Standard Forms Committee
- Created and taught Department of Real Estate approved courses for real estate licensees’ continuing education courses
- Multiple presentations of various real estate issues to attorneys, expert witnesses, and real estate professionals over 35 years
- Author, Mediation Under the RPA-CA, Revisited, 2020
- Co-founder of Real Estate Education Group, REEG, INC., and educator for real estate agents and brokers. REEG also produced videos for real estate licensees, home sellers and buyers, which instructed them on guiding principles in real estate transactions.
- Presented “Tips for Forensic Consultants” to the San Diego Forensic Consultant Association Community Activities:
- Former trustee of the California Center for the Arts
- Director and President (1994) of the Boys and Girls Club of Greater San Diego
HOBBIES & INTERESTS:
- Classical pianist, concert piano performances, and piano instructor (prior to law school)
- History and political science enthusiast