James R. Lance Attorney

First Admitted: 1986, Missouri

Professional Webpage: http://noonanlance.com/attorneys/james-r-lance/

Bar/Professional Activity:

American Board of Trial Advocates (ABOTA), President San Diego Chapter , 2024
American Board of Trial Advocates (ABOTA), Vice-President San Diego Chapter, 2023
American Board of Trial Advocates (ABOTA), Executive Board Member San Diego Chapter (Treasurer-2022/Secretary-2021/Member at Large-2020), 2022
American Board of Trial Advocates (ABOTA), Associate (2013-2025) , 2013
William B. Enright Chapter, Board Member & Master, 2024
Board of Governors - Association Of Business Trial Lawyers, 2012
Member of Order of the Coif
Louis M. Welsh Chapter of the American Inns of Court, Member
Association of Business Trial Lawyers, Member

Verdicts/Settlements (Case Results):

Shifrin v. Strata Equity: Mr. Lance obtained a judgment of $12,933,000 for an individual plaintiff asserting an employment claim. Plaintiff’s Contentions: Plaintiff Shifrin worked for defendant Strata Equity beginning in 2014 and alleged that he entered into an agreement whereby Strata would pay a bonus of a specific percentage of company profits to him on an annual basis. Strata paid Shifrin pursuant to these agreements from 2014-2020. When defendant sold more than 90% of its real estate assets in 2021, which resulted in net profits to Strata of more than $600 million, the company refused to pay plaintiff the full bonus owed.Defendant’s Contentions: Defendant sold more than 90% of its real estate portfolio in 2021, and the company was not obligated to pay Plaintiff the target bonus because (1) the bonus always was discretionary since 2014, (2) the sale of 90% of its portfolio was an “extraordinary event” and the percentages used in previous years did not apply to such a sale, and (3) paying plaintiff the same percentage on the 2021 sales would be too much money and unfair to the owners of the company.Damages alleged: $7,492,905 in lost bonus wages, plus interest, penalties and attorneys’ fees/costs pursuant to the California Labor Code. [Note: After the lawsuit was filed, Defendant paid Plaintiff a bonus of $1,761,000, which reduced the amount of the damages alleged for the unpaid bonus from $9,253,905 to $7,492,905].Arbitration Award: Plaintiff was awarded $12,057,614 for breach of contract, Labor Code penalties, interest and attorneys' fees and costs.Plaintiff’s Petition to Confirm / Defendant’s Motion to Vacate or Reduce Award: Plaintiff filed a Petition to Confirm the Arbitration Award and Enter Judgment with the San Diego Superior Court on April 18, 2024. Plaintiff also sought additional interest from the San Diego Superior Court beginning April 9, 2024 until the date judgment was entered at a daily rate of $3,303.46 per day, and post-award attorneys’ fees/costs. Defendant filed a Motion to Vacate Arbitration Award on April 22, 2024. The Court denied Defendant’s motion on July 19, 2024. Thereafter, on August 5, 2024, Defendant filed a Motion for Reconsideration of the Court’s Order denying Defendant’s Motion to Vacate Arbitration Award. The Court denied Defendant’s Motion for Reconsideration.Judgment:The San Diego Superior Court entered a judgment in the amount of $12,933,400 on November 14, 2024. The judgment was delayed because (1) The Defendant filed a motion requesting that the Superior Court vacate or reduce the $12,057,614 arbitration award issued in April 2024, and (2) After the Court denied the motion to vacate, the Defendant filed a motion requesting that the Court reconsider its ruling, which also was denied.The final judgment of $12,933,400, added attorneys’ fees and interest of $875,786 incurred from the date the arbitration award was issued until the date the judgment was entered. , 2024
United States v. Shawaf: Secured the dismissal of a $30 million federal lawsuit brought by the United States against our client Dr. Tarek Shawaf. The Central District of California suit, filed in 2016, sought damages caused by the 2013 Mountain Fire in Mountain Center, California that burned for more than two weeks. The U.S. asserted a claim in excess of $30 million for fire suppression costs, damage to federal lands, penalties and interest. Based on undisclosed evidence discovered by Mr. Lance, the U.S. agreed to dismiss the case with no payments from the defendants. U.S. District Court Judge Otis D. Wright II of the Central District issued an order dismissing the case with prejudice on July 15, 2019., 2019
Hart v. Larson - Successfully obtained a unanimouns defense verdict for attorney client accused of fraud related to a fee-split agreement in a serious personal injury case. Case was tried in the United States District Court for the Southern District of Califonia., 2019
Collins, et al. v. American Honda Mr. Lance was heavily involved in the prosecution of this nationwide class action regarding transmission defects. Honda agreed to provide a transmission-replacement program to settle the case, which was valued in at more than $180,000,000., 2006
United National Maintenance v. San Diego Convention Center Corporation - Mr. Lance obtained a unanimous verdict against the San Diego Convention Center Corporation in the United States District Court for the Southern District of California. After a 6 week trial in which his client challenged a convention center policy as anti-competitive, the jury returned a verdict finding that SDCCC intentionally interfered with several of United National’s contracts and awarded damages of $747,886., 2011
Chappell v. McDonnell Douglas: Trial Mr. Lance represented Mr. Chappell in a five week trial against a helicopter manufacturer for serious injuries suffered while working for Star-Kist on a tuna boat. Mr. Chappell was flying the helicopter when it began to shake violently and crashed into the South Pacific. Mr. Lance represented him in a product liability action against McDonnell Douglas, claiming that the main rotor hub assembly was defective, which caused the main rotor blade to depart. The helicopter sank immediately after the crash and was never recovered. Defendant McDonnell Douglas argued that the helicopter was not defective, that no blade loss occurred and that Mr. Chappell was solely responsible for the crash. McDonnell Douglas made no settlement offer before the jury returned its verdict. The case was tried in San Diego Superior Court and the jury awarded Mr. Chappell damages of $2,741,000., 1998
Bennett v. Chugai Pharmaceuticals: Settlement Mr. Lance was heavily involved in the prosecution of a securities class action filed in Federal District Court in San Diego. The case ultimately settled for $6,500,000.
SunPro Protective Films v. Manufacturer Y, et al.: Settlement Mr. Lance represented a distributor of window film in a lawsuit against the manufacturer of the film and one of the competing distributors. The lawsuit alleged that the manufacturer had supplied defective film and that the Defendants had conspired to terminate the Plaintiff’s distribution agreement. The case settled before trial for $5,510,000., 1995
CPI v. Foreign Manufacturer: Settlement Mr. Lance represented a California corporation that had an exclusive contract to distribute the products of a Israeli company in North America and South America. The foreign company also had a significant stake in the stock of the California corporation and placed directors on the Board. Mr. Lance represented officers/employees of the California distributor who had the majority interest in the company until the manufacturer attempted to take control of the company. The complaint asserted claims for breach of fiduciary duty, conspiracy and breach of contract. The case settled for $1,250,000.
Battaglia v. W.F. Management Co.: Trial Mr. Lance represented Joseph Battaglia, a tuna boat captain who was injured while working aboard the M/V Diana Lynn. Captain Battaglia was hit in the head with a cable. He had approimately $5,000 in medical bills. Defendants alleged that Captain Battaglia was the sole cause of his injuries under an admiralty law rule known as the primary duty doctrine. The defendant offered only $50,000 to settle the case before trial. A San Diego Superior Court judge awarded Captain Battaglia $486,031., 1995
Bruno Bassi v. Computer Information Company: SettlementMr. Lance represented a San Diego-based computer newsletter company in a lawsuit against a national computer information company in a case alleging trademark infringement. The defendant had used the same title for an internet publication as that used by the plaintiff. Although the title was not registered at the time, plaintiff’s claim was based on common law trademark infringement. Defendant argued that the trademark was merely descriptive and not protectable. In addition, Defendant argued that it had only secured 12 paid subscriptions, there was no evidence of confusion and therefore plaintiff had not been damaged. Mr. Lance was able to secure a $1,000,000 settlement before trial., 2000
Carr, et al. v. Emerald Bay FinancialJim Lance obtained a judgment of $5,086.688 on behalf of 31 Plaintiffs in a 2-1/2 week securities trial in San Diego Superior Court. The judgment included attorneys fees and costs. Mr. Lance successfully proved claims of Fraud, Constructive Fraud, Breach of Fiduciary Duty, Negligence, Financial Elder Abuse, Violations of Business and Professions Code §17200 and Violations of California Securities laws. Before trial, Mr. Lance was able to secure settlements and a stipulated judgment from other defendants for several million dollars. , 2011
Minor Plaintiff v. Hospital X: Settlement Mr. Lance settled a medical malpractice case against a hospital for the failure to treat bacterial meningitis, which resulted in severe neurological injuries to a 5 year old girl. The case settled for $2,800,000 prior to trial., 2004
Wailes v. Huttig Sash & Door: Trial Mr. Lance represented Defendant Huttig Sash & Door in a product liability action in which the plaintiffs alleged the windows in their ocean front home were defective. The Plaintiffs’ lowest demand to settle the case was $215,000. Huttig made a statutory offer of $30,000. After a six-day trial, a San Diego Superior Court jury awarded the Plaintiffs only $25,556. In light of the fact that the verdict was less than the statutory offer, Defendants settled for a “walk away” before judgment was entered., 1998
AccuCom Wireless Services, Inc. v. Cubic Communications, Inc.: Arbitration Mr. Lance represented AccuCom, a startup company in the emerging field of wireless location determination technology. AccuCom contracted with Cubic Communications to design software and hardware for beta testing so the company could attract investment capital and establish customer relationships with wireless carriers. The equipment did not perform to specifications and ultimately led to AccuCom going out of business. AccuCom filed an arbitration claim against Cubic for breach of contract. Cubic denied liability and filed a counterclaim against AccuCom to collect on an $850,000 promissory note. A three member arbitration panel awarded money damages of $1.4 million plus 10% interest from the date of the claim, cancellation of the note from AccuCom to Cubic in the amount of $850,000 and certain intellectual property rights. Judgment was entered by the San Diego Superior Court for $1,631,670., 1997
Freitas v. Star-Kist: Trial Mr. Lance represented Plaintiff Mark Freitas related to personal injuries he suffered while working as a chief engineer on a tuna boat owned by Star-Kist. Mr. Freitas sustained a lumbar strain when a floorboard broke and gave way on the M/V Tifaimoana. The case was tried before a jury in San Diego Superior Court. Although Mr. Freitas had no objective evidence of injury (MRI, x-rays, and nerve conduction study were all negative), the jury returned a verdict in the amount of $1,075,000., 1999
Commercial Real Estate Broker v. Commercial Tenant: Settlement Mr. Lance represented a commercial real estate broker regarding the failure of its client to pay a commission. The case settled for $1,000,000 prior to trial.
Helm v. Athena Technology Ventures: Arbitration Mr. Lance successfully arbitrated a case on behalf of a limited partner investor in a venture capital fund. The client invested $375,000 in a “side fund”, which was designed to mirror the investments of a $100 million “main fund”. Both funds had the same general partner. The general partner permitted the limited partner investor in the main fund to reduce its commitment from $100 million to $50 million. The claim asserted that the actions of the general partner in acquiescing to the $50 million reduction caused significant damage to our client’s investment and constituted a breach of fiduciary duty. The defendants made no offer before the arbitration. The arbitrator found breach of fiduciary duty and ordered restitution in the amount of $476,178, which constituted the full amount of the client’s investment plus pre-award interest.
September 11th Victim Compensation Fund: Arbitration Mr. Lance volunteered to represent two families who were victims of the September 11 attacks. He and his Partner David Noonan presented the claims at evidentiary hearings held in New York City as part of the Trial Lawyers Care Program., 2004
Wage & Hour Class Action: Settlement - Mr. Lance pursued a class action lawsuit against a national company for failing to pay the business expense of its employees engaged in outside sales. The case settled in 2011. The average payment per class member was over $4,200 for a total settlement of $4,000,000., 2011
Real Estate Partnership Lawsuit: SettlementMr. Lance represented two of the four partners in a real estate development project in Downtown San Diego. The partnership was formed to develop a mixed use project which would include a nationally known entertainment venue. The Defendants, the other partners in the project, secretly negotiated with a third party to expand the project to include a hotel. The Defendants then transferred real property from the partnership to another entity formed with the third party. One of the primary hurdles in the case related to damages, which were necessarily based on potential lost profits. At the time of the settlement, 5 days before trial, the project had not obtained financing and construction had not begun. Despite these problems with the case, Mr. Lance obtained a $1,900,000 settlement for the Plaintiffs. , 2002
Morgan v. Doe Insurance Co: Trial Mr. Lance tried a class action for 6 weeks against a national insurance company related to fees changed for administering retirement funds of San Diego County government employees. The San Diego Superior Court found that the lawsuit triggered the company to eliminate significant fees and charges. The employees saved millions of dollars in fees and the court awarded over $600,000 in attorneys fees and costs., 1998
Correia v. Star-Kist: Settlement Mr. Lance represented the family of a San Diego man who was killed in a helicopter accident, and was able to secure a settlement of $3,850,000 for the widow and her three sons., 1999
Real Estate Partnership Lawsuit Jim represented two of the four partners in a real estate development project in Downtown San Diego. The partnership was formed to develop a mixed use project which would include a nationally known entertainment venue. The Defendants, the other partners in the project, secretly negotiated with a third party to expand the project to include a hotel. The Defendants then transferred real property from the partnership to another entity formed with the third party. One of the primary hurdles in the case related to damages, which were necessarily based on potential lost profits. At the time of the settlement, 5 days before trial, the project had not obtained financing and construction had not begun. Despite this problem with the case, Jim obtained a $1,900,000 settlement for the Plaintiffs., 2002
Cacanindin v. United States of America, et al.: Settlement Mr. Lance obtained an outstanding settlement in a very tragic and difficult case. Mr. Lance represented the family of an eight year old boy who was struck and killed in a crosswalk in Temecula while rollerblading with his father and brother. The driver was a diabetic who went into insulin shock and ran a red light. Unfortunately, he had no assets and limited insurance. The driver was from New York and had been treated by the VA Medical Center in Syracuse for his diabetes and a heart condition. The physicians in Syracuse prescribed a medication which could potentially block the symptoms of low blood sugar and allow a patient to go into insulin shock without notice. Mr. Lance traveled to New York and was able to secure very damaging admissions from the VA physicians. He filed a lawsuit against the driver and the United States of America (under the Federal Tort Claims Act) based on the actions of the VA physicians. The case involved very difficult factual and legal issues. After extensive investigation and discovery, Mr. Lance was able to obtain $874,000 for the family from the United States, and the $100,000 policy limits from the driver, for a total of $974,000., 2003

Pro bono/Community Service:

Volunteer Head Football Coach Nazareth School (2015-2016), 2016
Volunteer Head Football Coach - School of the Madeleine (2011-14), 2014
September 11th Victim Compensation Fund: ArbitrationMr. Lance volunteered to represent two families who were victims of the September 11 attacks. He and his Partner David Noonan presented the claims at evidentiary hearings held in New York City as part of the Trial Lawyers Care Program
Volunteer Baseball Coach - Tecolote Youth Baseball (1999-14), 2014

Honors/Awards:

Executive Board Member (2020-2021), American Board of Trial Attorneys "ABOTA", 2021
Member in American Board of Trial Advocates (ABOTA), a national organization of trial attorneys which requires the equivalent of 20 civil jury trials to verdict as lead counsel to be considered for admission., Advocate Member, American Board of Trial Attorneys "ABOTA", 2013
James Lance was selected to Best Lawyers in 2013-21 based on a confidential peer-review survey, Best Lawyers in America / Commercial Litigation, Real Estate, Etc. (2013-21), Best Lawyers, 2021
Named to Super Lawyers for Business Litigation, 2007-2010, 2013-2021, Super Lawyers, 2021
James Lance has had an AV Preeminent Rating by Martindale Hubbell since he was first rated by MH, more than 10 years ago, AV Preeminent Rating, Martindale Hubbell, 2021
Executive Editor of the Law Review, Washington & Lee Law Review, 1985
James Lance was selected by the San Diego Daily Transcript as a "Top Influential." Mr. Lance was one of nine individuals selected in the Law & Business Services category., 2011 Top Influentials, 2011
Washington & Lee University, magna cum laude, Magna Cum Laude, Washington & Lee University School of Law, 1986
Editor for the products liability section of the Trial Bar News
Robert R. Kane scholarship
Recognized in Who's Who in American Law
James Lance was notified by ALM in May 2012 that he had been selected as a Top Rated Lawyer in the field of Real Estate Law, Top Rated Lawyers - Real Estate Law, ALM, 2012
Selected as one of the Top Attorneys in San Diego by San Diego Daily Transcript for 2013 in commercial litigation, San Diego Daily Transcript, 2013

Educational Background:

Missouri State University, B.S., summa cum laude, 1983

Scholarly Lectures/Writings:

Published three articles for the Washington and Lee Law Review

Contact James

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