Richard James Bayless

Biographical Information

Professional Biography - Richard J. Bayless

Mr. Bayless is an AV-rated attorney actively licensed in both California and Oregon. He began his legal career in 1991, and possesses substantial experience in the areas of business, real estate and employment. He has handled a variety of mediations, arbitrations and trials, in addition to managing cases throughout the civil litigation process.

Prior to launching his own firm, Mr. Bayless worked in the San Diego office of one of the largest law firms in the U.S.-- Buchanan Ingersoll & Rooney LLP, based in Pittsburgh, PA. Before Buchanan, he was a litigation attorney for Alhadeff & Solar, LLP for seven years, after spending most of the 1990s as a litigation associate for Lorenz Alhadeff Cannon Rose & Parks, LLP in San Diego, CA. At the Lorenz firm, Mr. Bayless worked primarily under M. James Lorenz, who left the firm at the end of 1999 to become a federal judge in San Diego.

Mr. Bayless graduated from Lewis & Clark Law School in 1990. He was admitted as a Dean's Fellowship Scholar, won the Best Oralist award in his first-year appellate advocacy competition, and represented the law school up to the semi-finals in the Albuquerque, NM regional competition for the Moot Court-Mock Trial program in his second year.

Mr. Bayless received his B.A. in economics from Dartmouth College in 1984.

Specific representative examples of Mr. Bayless's prior legal work include:

Business Litigation

• Binding arbitration judgment for client California satellite TV company against Kentucky horse racing track regarding our client's contractual right of first refusal to simulcast races nationwide
• Summary judgment for successor-in-interest auto auction company in title action, establishing no liability under corporate acquisition documents and successor liability law
• Arbitration representation of private golf club in dispute with well water supplier regarding alleged under-measurement of water delivered
• Dispositive motion for defendant in the Tobacco Litigation
• Dismissal for Chicago lender based on contractual forum selection clause in agreement with California borrower designating Illinois as litigation forum. Successfully established that forum selection clause also covered tort claims
• Defended manufacturer of aggregate machinery in contract lawsuit regarding alleged sales commission and defects in machine
• Defended Ohio motor coach interior manufacturer in California lemon law action
• Civil RICO litigation in Hawaii federal court adverse to large bank regarding fiduciary duties of trust, trustee

Securities

• Evidentiary hearing and reversal on appeal for client individual licensee in NASD National Adjudicatory Council proceeding (Atlanta) regarding alleged payola scheme, resulting in dismissal of all claims

Developer representation

• Arbitration defense judgment for So. Cal developer in action by homeowners group alleging non-disclosure of Mello-Roos special taxes
• Prosecuted action by developer's subrogee against electrical contractor and commercial moving company regarding fire destruction of developer's sales trailer; settled on eve of trial
• Represented master developer of major So.Cal Inland Empire tract housing community re alleged soil subsidence; intensive discovery and mediation process
• Assisted real estate development practice group in numerous different aspects of development process, with focus on governmental entitlements/approvals

Environmental

• California Environmental Quality Act (CEQA) petition for writ of mandate on behalf of municipality challenging construction change order for residential development

Construction

• Represented former NFL All-Pro player in construction defect claim against contractor re his Poway, CA home
• Represented municipality at mediation in construction defect/mechanics' lien case regarding public works contract for water tank
• Defended developers/homebuilders in various So. Cal Inland Empire construction defect litigation

International

• Defended Mexican citizens--a guardian mother and her beneficiary son--in community property/constructive trust action regarding husband/father's Totten Trust in a San Diego bank. Case involved substantial cross-border and Mexican law issues

Employment

• Defended employer in jury trial regarding overtime, wrongful termination claims
• Defended developer employer in wrongful termination litigation

Eminent Domain/Condemnation

• Eminent domain representation of governmental entities and private property owners
• Represented federal March Joint Powers Authority re acquisition of numerous rights-of-way for road improvements re construction of Inland Empire air cargo facility
• Represented City of Indio, CA re its condemnation matters

Landlord/Tenant

• Commercial landlord/tenant: Represented property owner re eviction proceedings of tenant restaurant
• Eviction proceedings of tenant on behalf of residential property owner/landlord

Probate

• Defended clients at probate mediation regarding undue influence claim
• Numerous appearances in probate court re firm's probate files

E-mail: rbayless@baylesslegal.com