Steven M. Vartabedian Justice (Ret.)

After 29 years of judicial service, 21 years of that as a justice of the California Court of Appeal, Steve is now available for mediations, arbitrations and referee work. He can also give advice on appeals and writs. He has a broad spectrum of experience, as is reflected by more than 180 opinions authored and published by him in the California Appellate Reports. He has a particular depth of experience in cases alleging serious personal injury and product defect, including those alleging punitive damages. He also has a strong background in real estate and construction cases, employment law, medical service disputes and agricultural matters. As both a trial judge and on the appellate bench, he has assisted many parties in settling their cases prior to adjudication.
Prior to taking the bench, Steve was in private practice with Charles Poochigian. His practice emphasized real estate and family law litigation.

Santa Clara University School of Law

J.D. | Law

1972 - 1975

Honors: Graduated with magna cum laude honors.

California State University - Fresno

B.A. | Political Science

1968 - 1972

Honors: Honors graduate

Dowling Aaron Incorporated

Current

Mediator

Steven M. Vartabedian, Mediator

Current

Of Counsel

Dowling Aaron & Keeler

2010 - Current

Mediation and Arbitration

Justice

California Court of Appeal, 5th Appellate District

1989 - 2010

Steve frequently acted as acting presiding justice concerning the thousands of cases he handled. The following is a sampling of published cases authored by him over the past 5 years: Yarick v. Pacificare (2009)179 CA4th 1158. Baker Manock & Jensen v. Sup. Ct. (2009) 175 CA4th 1414. UAS Mgmt. v. Mater Misercordiae Hospital (2008) 169 CA4th 357. Garcia v. Paramount Citrus (2008)164 CA4th 1448. D.H. Williams Construction v. Clovis Unified School Dist. (2007) 146 CA4th 757. Johnson v. Ford Motor Co. (2005) 135 CA4th 137. Horsford v. Cal. State Univ. Trustees (2005) 132 CA4th 359.

Judge

Fresno Superior Court

1987 - 1989

Presiding Judge

Fresno Municipal Court

1983 - 1987

Judge

Sanger Justice Court

1981 - 1983

Enhancing Sentences with Prior Convictions

23 Pacific Law Journal 1051

1992

Dismissal and Pre-Arraignment Delay

26 Judges' Journal (No. 1) 31

1987

Striking a Delicate Balance in Sex Abuse Cases

24 Judges' Journal (No. 4) 16

1985

Outstanding Board Member

Armenian Community School of Fresno

2004

Outstanding Contribution to Education

Sanger Unified School District

1983

Awarded primarily for work with truants and their parents

American Arbitration Association

Member

2011 - Current

Association of Conflict Resolution

Member

2010 - Current

Fresno County Bar Association

Member

1975 - Current

Center for Judicial Education and Research

Presenter, Appellate Justices Institute

2010 - 2010

Consumer Attorneys of California & Central California Trial Lawyers Association

Seminar Presenter: Collateral Source Rule

2010 - 2010

California

Since 1975

• Rates, Retainers and Additional Information
  $400-450/hr

Appeals & Appellate

Civil Appeals, Federal Appeals

Arbitration & Mediation

Business Arbitration, Consumer Arbitration, Family Arbitration

Q. 1) If two parties have retained attorneys is it too late to go to arbitration? How does one go about initiating arbitrat

3 March 2011

A: No it is not too late to arbitrate if you have retained counsel and there is no need to change counsel. In arbitration, the parties and their attorneys pick a third party neutral to decide the dispute. This is usually done for several reasons, including to save the time and costs it might take to otherwise resolve the matter. If the dispute arises from the contract, that contract may have a clause requiring binding arbitration between the parties. If a party demands arbitration and the arbitration agreement is not challenged, then the parties proceed to start the process by selecting an arbitrator. Even if there is no pre-dispute agreement, parties can reach an arbitration agreement whether they are already in litigation represented by attorneys or not.

Q. Can injured P recover from D the full amount of a medical expense where insured negotiates for less than usual charges?

3 March 2011

A: This very question is currently being reviewed by the California Supreme Court. A majority of other states view this "negotiated rate differential" as awardable to the P as collateral-source damages. The rationale is that a P's payment of insurance premiums for medical coverage should be viewed as an investment. The P's insurer in turn is able to use the premium dollars paid by many insureds to negotiate discount rates from medical providers. Non-cash consideration is received by the provider in addition to the case payment in the form of preferred provider designation, guaranteed payment, multiple patients and the like. As a matter of policy, the prudent P should receive the full fair market value of these services rather than allowing the tortfeasor to benefit from the discounted cash payment.