Special Masters in Alameda

Multiparty construction defect cases often require exceptional judicial management because they involve complex factual and legal issues and include large numbers of parties, attorneys, insurance companies and experts. Litigants frequently retain a referee or special master to work with the complex litigation judge by providing case management, addressing discovery disputes and/or facilitating settlements of these cases. This article is the first in a series that analyzes how different Bay Area courts utilize special masters in complex construction defect cases.

Alameda County Superior Court has approximately 280 cases pending in its two complex litigation departments. This total does not include multiple cases under single case numbers, such as judicial council coordinated proceedings (JCCP) and consolidated cases. Judge Steven Brick handles the even-numbered cases, and Judge Robert Freedman the odd-numbered ones. Due to potential conflicts, Freedman recuses himself from many construction defect cases. Brick, therefore, handles the lion’s share of these files: He currently has about 20 active construction defect cases, while Freedman has approximately 10, excluding a substantial number of construction cases that are more in the nature of contract disputes than traditional construction defect claims. More than 80 percent of the complex construction defect cases in Alameda County Superior Court utilize the services of a special master.