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Mediation

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About Duane Horning

Duane Horning is a seasoned trial attorney with a distinguished career spanning over three decades, plus 14 years in business, real estate, and government service. He has subject matter expertise in intellectual property, patents, trademarks, copyrights, trade secrets, technology transfer and license agreements, commercial and investment real estate, closely held businesses and corporate governance, business divorces, a wide range of business disputes over contracts, fraud, and unfair competition, trust and estate disputes.

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View Parties' Bill of Rights

(619) 923-2560

Duane Horning’s Mission Statement

My mission is to serve parties with disputes by resolving them in arbitration or mediation. My role is first and foremost to listen, to ensure all parties are heard, and to employ a fair process. I will be impartial. I will engage civilly and with professionalism, and ask the same of attorneys and participants, primarily by leading by example.   

I will be efficient with the time and economics of the process. I will maintain the parties’ confidentiality. In arbitrations, I will receive and carefully consider all relevant evidence, and apply the law to the facts. In mediations, I will help the parties understand their own objectives and interests and those of the other parties, and help the parties explore and achieve potential resolutions that are mutually agreeable.

Biography

Duane Horning is a trial attorney with 30 years’ experience in intellectual property, patents, copyrights, trademarks, trade secrets, commercial and investment real estate, trusts and estates, and business matters.
Results for his clients include jury trial verdicts of $19.8 million and $1.5 million, a mediated settlement of $3.5 million, summary judgment of $1.6 million, and complete defense of patent and trademark claims by summary judgment in federal court.  

Mr. Horning practiced for eight years at Gray Cary Ware & Freidenrich LLP, a predecessor of DLA Piper LLP (US). He founded California Business Law Group, PC in 2002. He has successfully litigated in state and federal courts throughout California, and prevailed in the United States Court of Appeals for the Ninth Circuit. Mr. Horning has successfully concluded numerous matters through arbitration, mediation and negotiated settlements. He has never lost an arbitration.  

In addition to advocating for his own clients, Mr. Horning serves as an arbitrator in the San Diego County Bar Association Fee Arbitration Program. He has served as a court-appointed referee in real estate partition actions, and as a judge pro tem for five years. He was an Adjunct Professor of Law at the University of San Diego School of Law from 2006 through 2018.

Mr. Horning graduated in the top 3% of his class from University of San Diego School of Law in 1994. He attended at night while working full time for the Port of San Diego handling commercial waterfront and airport lease matters, and as acting Airport Manager for San Diego International Airport, Lindbergh Field, graduating first in his class in the evening division.    Mr. Horning’s law career follows 14 years’ experience in business, real estate, and government.

Before practicing law, Mr. Horning was a commercial real estate broker and developer in Phoenix, Arizona. He served as CFO and Vice President for Real Estate and Finance during the initial public offering of Sunrise Preschools, Inc., a regional preschool chain. He developed and sold eight preschool facilities.  

Ukrainian children who have been abused or abandoned is a special interest of Mr. Horning’s. He has traveled to Ukraine four times, including during the seminal elections of May 2014 following revolution in that country. He is the lead author of Rescuing Ukrainian Children. He has lectured at the American Common Law Center at Taras Shevchenko University, Kyiv, Ukraine, the Christian Legal Society National Conference, and San Diego County Bar Association.  

Mr. Horning is an avid sailor, keyboardist, and photographer.

Professional Experience

2024 – Present

Justice Served – Arbitration and Mediation Services, Founder, Arbitrator, and Mediator

2002 – Present

California Business Law Group, PC, San Diego, CA, Founder, President, and Trial Attorney

2006 – Present

San Diego Superior Court

Judge Pro Tem, Small Claims, 2006 – 2011
Court Appointed Referee in Real Estate Partition Actions

2006 – 2018

University of San Diego School of Law, San Diego, CA, Adjunct Professor of Law, Real Property Transactions and Negotiation of Business Transactions

1994 – 2002

Gray Cary Ware & Freidenrich LLP, a predecessor of DLA Piper US LLP, San Diego, CA, Associate Attorney

1990 – 1994

San Diego Unified Port District, San Diego, CA

Acting Airport Manager, San Diego International Airport, Lindbergh Field
Assistant Airport Manager, San Diego International Airport, Lindbergh Field
Assistant Manager, Property Department
Principal Property Manager

1988 – 1990

Commercial Real Estate Developer and Broker, Phoenix, AZ

1985 – 1988

Sunrise Preschools, Inc., Scottsdale, AZ, Board Member, CFO, Vice President, Real Estate & Finance

1982 – 1985

James Pullaro & Co., Phoenix, AZ, Project Manager, commercial real estate development and brokerage

1979 – 1982

United Development, Inc., Tempe, AZ

Vice President, Administration
Assistant Controller
Bookkeeper

Education

1994

J.D. - University of San Diego School of Law

Order of the Coif.
Member of the San Diego Law Review.
Magna cum laude.
Ranked 1st in Evening Division, Top 3% overall.
Attended law school at night while working full time at the Port of San Diego and San Diego International Airport, Lindbergh Fi.

1981

Arizona State University, Business Administration, Finance, cum laude

Admitted to Practice

United States Supreme Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Ninth Circuit
United States District Court, Central District of California
United States District Court, Southern District of California
California Supreme Court
California Courts of Appeal, all Districts
California Superior Courts, all Counties

Current and Former Community Memberships and Activities

Arbitrator, San Diego County Bar Association Fee
Arbitration Program
Association of Business Trial Lawyers (ABTL)
Bench-Bar Coalition
California Bar Association
California Lawyers Association
Christian Legal Society
Federal Bar Association
Federalist Society
Harbor Sailboats Sailing Club
Horizon University, Chair of the Board of Trustees
Licensing Executives Society International
Louis M. Welsh Inn of Court
ProVisors, San Diego
Rotary International, Downtown San Diego Breakfast Club,
No-Chair, Community Services
San Diego County Bar Association, Vice President and
Board Member, Treasurer and Chair of the Real Property Section
San Diego Intellectual Property Law Association
San Diego Interfaith Housing Foundation, Board Member,
Development Committee
San Diego Regional Chamber of Commerce, Chair of the
Legal Committee, Co-Chair of the Housing Committee
San Diego Superior Court, Court appointed Referee, and
Judge Pro-Tem
San Diego Volunteer Lawyer Program, Distinguished
Service Award for pro bono service
SuperLawers, 2019 to present

Representative Intellectual Property Matters

Prevailed on breach of fiduciary duty claims against former CEO including award of $1.6 million in punitive damages, and defeated CEO’s patent ownership claims, in 12-day binding arbitration hearing.
Defeated patent and trade dress infringement claims by multiple summary judgment motions in US District Court. Reached confidential settlement in the Federal Circuit mediation program while appeal was pending in the Federal Circuit.
Prevailed in binding arbitration on breach of online marketing contract, including award of attorney’s fees.
Defeated claim of trademark infringement by motion to dismiss.
Settled on eve of trial dispute over license agreement and ownership of biotech invention involving cDNA libraries and cloning vectors.
Prevailed on claim of breach of media player software development and license agreement.
Settled claims of breach of international commercial software distribution license agreement at Early Neutral Evaluation Conference in Federal Court immediately upon filing suit.
Settled two separate federal cases of breach of international technology software license and manufacturing agreements against defendants in China and Singapore.
Settled claims of trademark infringement, copyright infringement, misappropriation of trade secrets, unfair competition, fraud, intentional interference with prospective business advantage, unjust enrichment, breach of contract and conversion. Successfully moved to change venue and compel arbitration.
Settled breach of software license claim against biotech drug discovery firm.
Settled breach of medical device consulting agreement.
Settled dispute over industrial power supply and conditioning equipment.
Settled claim of breach of biotech consulting and business development contract.
Settled copyright dispute between two authors over book.

Representative Real Estate Matters

Obtained unanimous jury verdict of $19.8 million after five-week trial with 38 witnesses over claims of eminent domain, and development of a medical office building. Defeated allegations of governmental conflicts of interest. Court awarded the client recovery of $2 million in attorneys’ fees. The defendant government then abandoned its eminent domain claim.
Prevailed in American Arbitration Association arbitration regarding commercial lease, obtaining award of $5 million.
Obtained jury verdict of $1.5 million including punitive damages, and defeated counterclaim of $300,000, after four-week trial over claims of breach of public works construction subcontract and related claims. Jury’s verdict reduced by court following trial. Judgment entered for $761,000, upheld on appeal.
Prevailed in commercial real estate and bankruptcy matter in federal court, and prevailed on appeal to the 9th Circuit Court of Appeal.
Defeated motion for temporary restraining order to stop foreclosure, and favorably settled claims of wrongful foreclosure.
Settled eminent domain claim of CALTRANS on eve of trial for $600,000.
Settled partnership claims over 12 condominiums and claims of breaches of fiduciary duty against managing partner.
Settled arbitration claims of owner for construction defects of custom home against contractor.
Settled boundary and encroachment disputes.

Representative Trust & Estate Matters

Prevailed on motion for judgment on the pleadings to dismiss will contest; at trial defeated 50% of claim of contract to make a will.
Obtained settlement of $3.5 million in claim to set aside trust amendment based on claims of undue influence.
Settled claim to set aside trust amendment based on claims of undue influence and lack of capacity with clients receiving distribution of $1.6 million.
Settled claim as to whether certain property was community property claim or separate property of decedent, resulting in $357,000 distribution.
Settled claim against trustee for failing to distribute and account, and for breach of fiduciary.
Settled claim by wife’s family following deaths of husband and wife resulting in distribution of approximately $250,000 to wife’s heirs.
Settled objections to trustee’s accounting and claims against trustee.

Representative Business Matters

Prevailed on summary judgment on $1.6 million for breaches of promissory notes and fraud, upheld on appeal.
Obtained dismissal of client from suit concerning ownership of trade fixtures following sale of business.
Resolved dispute between shareholders of closely held company.
Settled claims arising out of sale of medical practice.
Advised investment consulting firm on management disputes among owners.
Advised minority owner of closely held industrial business with respect to ownership and buyout issues.
Negotiated asset sale of automotive sale and repair business.
Advised professional services firm on transfers of ownership among owners, and governance issues.

Duane Horning’s Arbitration and Mediation Training

5/1/1994

Alternative Dispute Resolution

University of San Diego School of Law

2/11/2003

Managing the Arbitration Process

San Diego County Bar AssociatioN

4/24/2003

Tailoring Mediation and Arbitration Procedures