Hon. James Lambden

California Court of Appeal, (Ret.)

First District, Division Two

​​Mediator • Arbitrator • Discovery Referee • Appellate Consultant

Justice James Lambden brings to his ADR practice nearly four decades of experience as a trial lawyer, trial court judge and Associate Justice of the California Court of Appeal.

Employment

Representative Cases

  • Attempted rape and harassment by supervisor of young employer.

  • Class action for meals and rest break violations; Potential case of 2100 employees in the restaurant chain.

  • Wage & Hour, age discrimination and failure to accommodate.

  • Teacher at private school terminated for disputed cause - claimed breach of employment contract, age discrimination and defamation.

  • Claims for injunctive relief and damages under FEHA and Unruh Act by five disabled tenants arising from broken elevator.

  • Plaintiff sued employer, claiming wrongful termination for violation of company phone policy. Plaintiff also claimed wage itemization and meal break violations by employer. Case settled for $125,000

  • Misclassification of Employee who came on H1 Visa; Trial court mistook H1B1 Visa as form of employment contract; reversed by court of appeals and retried.

  • Hourly worker laid off at age 42 after 25 years as a painter claims age discrimination. Also claims interrupted meal breaks, lack of extra rest breaks for longer shifts, incorrect wage statements, waiting time, etc.

  • Physician contested termination and contended that the administrative peer review hearing process by hospital administration resulting in findings that he should no longer treat patients violated his due process rights and was not supported by substantial evidence.

  • Physician challenged hospital board's decision to condition her reappointment to medical staff on having a consultant available prior to admitting any patient.

  • Class action brought by newspaper carriers and distributors against newspaper entities for wage and hour violations, alleging they were required to work as independent contractors even though they were actually employees

  • A class action brought against employer, alleging nonpayment of overtime wages, meal and rest period violations, and other violations.

  • Casino dealers class action against casino claimed violations of the Labor Code and conversion arising out of the collection and distribution of dealers’ tip money.

  • Former employee sued his employer, his employer's subsidiary, and a plant manager, claiming unlawful termination in violation of public policy, defamation and misrepresentation concerning other employment, and his wife sued the same

  • Hundreds of retirement plan members sought inclusion of cash premiums they contended should not have been excluded from calculation of their final compensation.

  • Numerous cases and claims based on statutory wage and hour violations in settings including retail sales, automotive repair and sales, outside sales, restaurants, janitorial services, and healthcare services.

  • Claims against major retailer for wrongful termination based on plaintiff’s alleged theft of personal property owned by another employee who aspired to replace plaintiff.

  • Wrongful termination claim brought by a 55-year-old long-term employee who was fired and replaced by a younger employee based on technical violation of rules not regularly enforced.

  • Wrongful termination claims by utility worker based on termination after alerting employer of unsafe practices.

  • Arbitration of hostile workplace cases and constructive termination, including alleged mistreatment because of race, ethnicity, age, gender, and sexual orientation.

  • Arbitration of discrimination claims in firing of executive level employee at online social media headquarters.

  • Arbitration of racial and sexual orientation discrimination claims in constructive termination of employee at chain restaurant.

  • Claims against insurance adjuster firm for gender discrimination based on pregnancy, harassment-hostile work environment and retaliation.

  • Whistle-blower, wrongful termination and retaliation claims against amusement park involving dangerous deferred maintenance and mistreatment of animals.

  • Claims by research scientist that hostile work environment was intentionally created by his assignment to perform tasks involving inappropriate manual labor.

  • $4 million resolution of claims for discrimination and wrongful termination by professional woman who was pushed out of her job after returning to work following accident and a life-threatening injury.

  • Multi-day mediation of claims by a lifelong employee of professional association who found her job essentially eliminated by new executive director who transferred resources to younger staff.

  • Mediation of discrimination claims against car dealership for failure to accommodate illness.

  • Post-verdict settlement of claims of gender discrimination and hostile environment/constructive termination arising from employee posting sexually explicit photos and texts.