For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Paul D. Herbert

See more on Paul D. Herbert

Judge (ret.), neutral



Joined ADR Services March 2023; served on Alameda County Superior Court



Judicial Profiles
Title Court Published
Paul D. Herbert Superior Court Alameda County (Oakland) Nov. 9, 2014

Rulings
Case Category Published
Modification: Balakrishnan v. The Regents of the University of California
affirmed
 Torts Mar. 4, 2024
Balakrishnan v. The Regents of the University of California
affirmed
 Torts Feb. 1, 2024
O'Brien v. The Regents of the University of California
affirmed
 Administrative Agencies Jun. 30, 2023
Modification: Crescent Trust v. City of Oakland
reversed
 Real Property May 19, 2023
Crescent Trust v. City of Oakland
reversed
 Real Property Apr. 21, 2023
Marin v. Department of Transportation
affirmed
 Torts Feb. 24, 2023
Modification: Athletics Investment Group v. Dept. of Toxic Substances Control
reversed
 Environmental Law Oct. 21, 2022
Athletics Investment Group v. Dept. of Toxic Substances Control
reversed
 Environmental Law Oct. 3, 2022
Ilczyszyn v. Southwest Airlines Co.
affirmed
 Immunity Jun. 30, 2022
Feltham v. Universal Protection Service, LP
affirmed
 Torts Apr. 1, 2022
St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.
reversed and remanded
 Insurance Nov. 25, 2020
Dones v. Life Insurance Co. of North America
reversed
 Insurance Oct. 9, 2020
Wittenberg v. Bornstein
affirmed
 Civil Procedure Jul. 1, 2020
Wittenberg v. Bornstein
affirmed in part
 Anti-SLAPP Jun. 15, 2020
Zolly v. City of Oakland
affirmed in part
 Constitutional Law Mar. 31, 2020
Western Heritage Insurance Co. v. Frances Todd, Inc.
affirmed
 Insurance Apr. 4, 2019

Verdicts & Settlements
Case Name Topic Role Published
Renee Porter and Joshua Tolin, individually and on behalf of all others similarly situated v. Equinox Holdings, Inc., and Does 1-50, inclusive Employment Law judge Nov. 24, 2023
Environmental Research Center Inc. v. WTHN LLC, Body Point Holdings Inc., individually and dba WTHN; and Does 1-100 Consumer Law judge May 28, 2021
Environmental Research Center Inc. v. Nutra Holdings Inc., individually and dba Jacked Factory; Nutrascience Labs Inc.; Nutrascience Labs IP Corporation; Twinlab Consolidation Corporation; Twinlab Corporation; Twinlab Consolidated Holding Inc., and Does 1-100 Consumer Law judge May 14, 2021
Anthony Ferreiro v. Illinois Tool Works Inc. Consumer Law judge Apr. 30, 2021
Consumer Advocacy Group Inc. v. National Stores Inc. dba Fallas Paredes Discount Stores; Factory 2-U #0612; Fallas Paredes #0118; National Stores Inc. dba Fallas Paredes; J&M Sales Inc.; I&K Vending; Classic Time Watch Co. Inc., Solarx Eyewear LLC; Ron Chereskin Studios Inc.; Fantas Eyes Inc.; Fallas Discount Stores #0177; and Does 1-60 Consumer Law judge Oct. 16, 2020
Gabriel Espinosa v. CWI Inc., JPC Products LLC Consumer Law judge Sep. 25, 2020
Jason Kelly v. Johnson Lam; Simon Lam; Ontrac; Subcontracting Concepts, Inc.; Subcontracting Concepts (CT), LLC; US Cargo Way Trucking Co.; Valerie Shemet; John Hussain Sharifi; H&H Courier, Inc.; Express Messenger Systems, Inc.; East Bay Courier, Inc.; and California Overnight, Inc. Personal Injury judge Jul. 31, 2020
Environmental Research Center Inc. v. Good Superfoods LLC, and Does 1-100 Consumer Law judge Jan. 24, 2020
Richard Fatu and Sairah Fatu v. Roland Curtains Inc.; Roland Curtains (USA) Inc.; AVM Industries, LLC; Utility Trailer Manufacturing Company; and Does 1 through 50, inclusive Personal Injury judge Jul. 5, 2019
Teodora Tapia v. Tesla Motors Inc. Personal Injury judge Jun. 28, 2019
Vanessa V. Rosado v. Anna E. Towers, Roy Lane Towers, Jr. and Does 1-3 Personal Injury judge Apr. 5, 2019
Elaine Brown v. City of Oakland, Desley Brooks Torts judge Feb. 16, 2018
Title Court Published
Paul D. Herbert Superior Court Alameda County (Oakland) Nov. 9, 2014
Case Category Published
Modification: Balakrishnan v. The Regents of the University of California
affirmed
 Torts Mar. 4, 2024
Balakrishnan v. The Regents of the University of California
affirmed
 Torts Feb. 1, 2024
O'Brien v. The Regents of the University of California
affirmed
 Administrative Agencies Jun. 30, 2023
Modification: Crescent Trust v. City of Oakland
reversed
 Real Property May 19, 2023
Crescent Trust v. City of Oakland
reversed
 Real Property Apr. 21, 2023
Marin v. Department of Transportation
affirmed
 Torts Feb. 24, 2023
Modification: Athletics Investment Group v. Dept. of Toxic Substances Control
reversed
 Environmental Law Oct. 21, 2022
Athletics Investment Group v. Dept. of Toxic Substances Control
reversed
 Environmental Law Oct. 3, 2022
Ilczyszyn v. Southwest Airlines Co.
affirmed
 Immunity Jun. 30, 2022
Feltham v. Universal Protection Service, LP
affirmed
 Torts Apr. 1, 2022
St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.
reversed and remanded
 Insurance Nov. 25, 2020
Dones v. Life Insurance Co. of North America
reversed
 Insurance Oct. 9, 2020
Wittenberg v. Bornstein
affirmed
 Civil Procedure Jul. 1, 2020
Wittenberg v. Bornstein
affirmed in part
 Anti-SLAPP Jun. 15, 2020
Zolly v. City of Oakland
affirmed in part
 Constitutional Law Mar. 31, 2020
Western Heritage Insurance Co. v. Frances Todd, Inc.
affirmed
 Insurance Apr. 4, 2019
Case Name Topic Role Published
Renee Porter and Joshua Tolin, individually and on behalf of all others similarly situated v. Equinox Holdings, Inc., and Does 1-50, inclusive Employment Law judge Nov. 24, 2023
Environmental Research Center Inc. v. WTHN LLC, Body Point Holdings Inc., individually and dba WTHN; and Does 1-100 Consumer Law judge May 28, 2021
Environmental Research Center Inc. v. Nutra Holdings Inc., individually and dba Jacked Factory; Nutrascience Labs Inc.; Nutrascience Labs IP Corporation; Twinlab Consolidation Corporation; Twinlab Corporation; Twinlab Consolidated Holding Inc., and Does 1-100 Consumer Law judge May 14, 2021
Anthony Ferreiro v. Illinois Tool Works Inc. Consumer Law judge Apr. 30, 2021
Consumer Advocacy Group Inc. v. National Stores Inc. dba Fallas Paredes Discount Stores; Factory 2-U #0612; Fallas Paredes #0118; National Stores Inc. dba Fallas Paredes; J&M Sales Inc.; I&K Vending; Classic Time Watch Co. Inc., Solarx Eyewear LLC; Ron Chereskin Studios Inc.; Fantas Eyes Inc.; Fallas Discount Stores #0177; and Does 1-60 Consumer Law judge Oct. 16, 2020
Gabriel Espinosa v. CWI Inc., JPC Products LLC Consumer Law judge Sep. 25, 2020
Jason Kelly v. Johnson Lam; Simon Lam; Ontrac; Subcontracting Concepts, Inc.; Subcontracting Concepts (CT), LLC; US Cargo Way Trucking Co.; Valerie Shemet; John Hussain Sharifi; H&H Courier, Inc.; Express Messenger Systems, Inc.; East Bay Courier, Inc.; and California Overnight, Inc. Personal Injury judge Jul. 31, 2020
Environmental Research Center Inc. v. Good Superfoods LLC, and Does 1-100 Consumer Law judge Jan. 24, 2020
Richard Fatu and Sairah Fatu v. Roland Curtains Inc.; Roland Curtains (USA) Inc.; AVM Industries, LLC; Utility Trailer Manufacturing Company; and Does 1 through 50, inclusive Personal Injury judge Jul. 5, 2019
Teodora Tapia v. Tesla Motors Inc. Personal Injury judge Jun. 28, 2019
Vanessa V. Rosado v. Anna E. Towers, Roy Lane Towers, Jr. and Does 1-3 Personal Injury judge Apr. 5, 2019
Elaine Brown v. City of Oakland, Desley Brooks Torts judge Feb. 16, 2018
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.