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Hon. Kathleen A. Kelly (Ret.)

Case Manager: Mikaela Schmidt

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Profile

Hon. Kathleen A. Kelly (Ret.) brings with her over 20 years of distinguished judicial experience and an exceptional reputation for her expertise in civil litigation and dispute resolution, and innovative work in collaborative problem solving courts. She has presided over hundreds of trials, and brings tremendous and invaluable insights into dispute resolution. She has earned widespread recognition, including the prestigious title of 2024 San Francisco Trial Lawyer Association’s Trial Judge of the Year.

Judge Kelly meticulously prepares for each case and prioritizes pre-mediation consulting with counsel. She brings unique skill in fostering open dialogue, ensuring that parties feel heard and understood, thus, enabling mutually beneficial outcomes. Judge Kelly is unwavering in her commitment to helping resolve even the most challenging cases. Her philosophy is driven by a desire to alleviate the stress of protracted legal battles, offering parties a sense of control and certainty in bringing closure to disputes.

Before dedicating herself to dispute resolution, Judge Kelly built a distinguished legal career. Her journey in law began with a strong academic foundation. She earned her Juris Doctor from UC Law San Francisco in 1984 and her undergraduate degree in History and French at the University of California, Berkeley, including enriching international experiences at the Université de Paris-Sorbonne and Université d’Aix-Marseille III. These early achievements set the stage for a career defined by intellectual rigor and a global perspective. Her distinguished and broad-based legal career started at Fisher& Hurst, specializing in civil litigation and insurance, followed by ten years as a Senior Trial Counsel at the City Attorney’s Office, then as an Assistant US Attorney for the Northern District of California.

Appointed to the San Francisco Superior Court in 2003, Judge Kelly has skillfully handled an impressive and wide variety of civil jury and bench trials, mediations, and has settled many of the Court’s most challenging cases. She has presided over significant trials, including personal injury, commercial contracts, employment, construction, and housing /real estate disputes. Her leadership in the San Francisco Superior Court’s Civil Settlement Program exemplifies her ability to guide parties toward resolution in high-stakes environments. Her tenure also includes service as a Justice Pro Tem for the California Court of Appeal, First Appellate District, as an elected member of the trial court’s Executive Committee and as the longest serving judge in the Family Treatment Court.

Judge Kelly has presided over numerous high-profile cases, including the Marriott employment discrimination trial, a breach of contract and false claims case involving the San Francisco Unified School District, construction litigation with Lendlease as well as high stakes commercial dispute cases. These experiences highlight her ability to manage complex, multi-faceted disputes with precision and fairness.

Her contributions to the legal profession extend beyond the courtroom. Judge Kelly served as Vice President of the California Judges Association and was appointed by successive Chief Justices to Judicial Counsel committees, including Chair of the Juvenile Committee of the Judicial Council Collaborative Justice Courts Advisory Committee, where she advanced best practices in collaborative and treatment courts. She is also a respected educator, having lectured frequently at law schools and taught juvenile law at the USF School of Law, inspiring the next generation of legal professionals.

Her dedication to public service and dispute resolution is reflected in her numerous accolades. She has also contributed to the field through her publications, such as “The Educational Crisis for Children in the California Juvenile Court System,” which underscores her commitment to addressing systemic inequities.

Through her innovative approaches and unwavering dedication, Judge Kelly has earned a reputation as a trusted and effective neutral. Her ability to navigate the complexities of human conflict with insight, empathy and expertise continues to make her a valued asset in the field of dispute resolution.

AREAS OF EXPERTISE

  • Business / Commercial/Contract
  • Construction
  • Employment
  • Landlord/Tenant
  • Personal Injury
  • Real Estate

EDUCATION

  • Juris Doctor, UC Law San Francisco (formerly UC Hastings), 1984
    • Executive Editor, COMM/ENT, Hastings Journal of Communications and Entertainment Law
  • Bachelor of Arts, History and French, University of California, Berkeley, 1980
    • Studied abroad: Université de Paris-Sorbonne and Université d’Aix-Marseille III

JUDICIAL EXPERIENCE

  • Judge, Superior Court of California, City and County of San Francisco (2003–2025)
    • Presided over civil jury and bench trials, mediations, and settlement conferences.
    • Selected by Presiding Judges to Civil Settlement Program.
    • Developed and presided over Family Treatment Court, reuniting families impacted by child welfare and substance use disorder issues.
    • Served as Justice Pro Tem, California Court of Appeal, First Appellate District.
    • Presided over felony and misdemeanor trials, juvenile justice cases, and collaborative courts.

LEGAL CAREER

  • Assistant United States Attorney, Northern District of California (2003)
    • Prosecuted major crimes including fraud, identity theft, and child pornography.
  • Senior Trial Attorney, San Francisco City Attorney’s Office (1989-1999)
    • Lead counsel in over 100 child abuse and neglect trials.
  • Associate Attorney, Fisher and Hurst (1984-1989)
    • Handled a variety of civil litigation and insurance cases.
  • Adjunct Professor, University of San Francisco School of Law (2001-2002)
    • Taught juvenile law to second- and third-year law students.

PROFESSIONAL AWARDS AND HONORS

  • Keynote Speaker, St. Ignatius Law Society, 2025
  • Trial Judge of the Year, San Francisco Trial Lawyers Association, 2024
  • St. Thomas More Award, St. Thomas More Legal Society, 2011
  • Barrister of the Year, Bar Association of San Francisco, 1992

COMMUNITY AND JUDICIAL LEADERSHIP

  • Vice President, California Judges Association
  • Treasurer, California Judges Association Foundation
  • Chair, Juvenile Subcommittee of the Judicial Council Collaborative Justice Courts Advisory Committee
  • Elected Member, San Francisco Superior Court Executive Committee
  • Personnel Committee, San Francisco Superior Court
  • Founding Member, Educational Rights of Foster Children Committee
  • Co-Founder, Speakers in the Schools Program, Bar Association of San Francisco

PUBLICATIONS

  • “The Educational Crisis for Children in the California Juvenile Court System,” Hastings Constitutional Law Quarterly, 2000
  • “Voir Dire: Is There a Constitutional Right of Access?” COMM/ENT, Hastings Journal of Communications and Entertainment Law, 1983

Representative Cases

Business/Breach of Contract

  • Several individuals negotiated setting up a cannabis cultivation, distribution, and sale business. Two of them, plaintiffs, alleged, however, that the other two, defendants, made fraudulent representations and omissions which induced plaintiffs into joining the venture, and ultimately failed to pay the investment capital required for their ownership interests. Defendants cross-complained, alleging that plaintiffs were the ones engaging in fraud and stealing the business from defendants. Following years of litigation and a mistrial, case settled at Mandatory Settlement Conference.
  • School services company sued school district over non-payment of contract for services that the district did not use during the COVID-19 pandemic, despite the company maintaining readiness to provide services, at the district’s request. The district disputed the alleged request and accused the company of filing false claims. Settled at the end of trial, but before entry of jury verdict.
  • Plaintiff café operators alleged that after entering into a lease agreement with defendant property owners, the defendants engaged in fraudulent acts and intentionally interfered with the plaintiffs’ business, all aimed at pressuring them into vacating the property or renegotiating their lease at a higher rate. Following arbitration and years of further litigation over the award, and a settlement through mediation, the plaintiffs alleged that the defendants repeatedly breached the settlement agreement, which they entered into in bad faith. Case resolved via further settlement following rulings from Judge Kelly.

Personal Injury

  • Plaintiff alleged that defendant was negligent per se when she ran a red light, collided with the side of plaintiff’s vehicle, and then fled, causing serious injuries and impacting plaintiff’s ability to work. Defendant disputed the extend of injuries. Jury verdict, with lower damages than sought by plaintiff.
  • Plaintiff tenant allegedly suffered injuries when he fell down stairs owned by landlord defendants and sustained a broken ankle requiring surgery. Plaintiff claimed the stairs were too steep, too shallow, and lacked a handrail, all of which made them hazardous and all of which the landlords knew. Landlords disputed liability and damages. The jury returned a defense verdict.
  • Plaintiff sued major fitness company defendant, alleging that while working out at one of their facilities, a speed bag platform detached from the wall and struck plaintiff in the head, causing significant injuries. Defendant disputed extent of plaintiff’s claims. Settled at Mandatory Settlement Conference.

Employment

  • Appeal of a decision of the Labor Commissioner in favor of plaintiff event employee awarding waiting time penalties and liquidated damages against large corporate employer. The decision in favor of the plaintiff employee was upheld, but with a revised damages award.
  • Plaintiff, a thirty-year employee of defendant hospitality company, sought substantial compensatory and punitive damages from his long-time employer defendant for failure to accommodate his disability after he sustained serious spinal injury (outside of work). Defendant argued numerous accommodations were made. Resulted in substantial jury verdict in favor of plaintiff.
  • Plaintiff high-level employee at the local office of defendant major recruitment company sued the company over allegations of interference with his plans to expand the local office, spreading falsehoods about him, and ultimately placing him on administrative leave without cause, breaching his employment contract. Employer denied all allegations. Settled at Mandatory Settlement Conference.

Landlord Tenant

  • Plaintiff tenants filed suit alleging that defendant landlord wrongfully evicted them from their long-term residence. Plaintiff claimed that the owner move-in exception to the Rent Ordinance did not apply, as the defendant had an apartment elsewhere. Owner disputed all claims. Verdict for the defense.
  • Plaintiff tenant allegedly suffered injuries when he fell down stairs owned by landlord defendants and sustained a broken ankle requiring surgery. Plaintiff claimed the stairs were too steep, too shallow, and lacked a handrail, all of which made them hazardous and all of which the landlords knew. Landlords disputed liability and damages. The jury returned a defense verdict.
  • Group of plaintiff subtenants in a multiunit residential building sued master tenant defendant, alleging an illegal agreement with the property owner to evict plaintiffs from the property in exchange for forgiveness of master tenant’s back rent and termination of the master lease. Plaintiffs claimed tenancy and wrongful eviction. Defendant argued plaintiffs had no legal tenancy and must leave the premises. Settled at Mandatory Settlement Conference.

Construction

  • General contractor and electrical subcontractor on major downtown construction project asserted numerous breaches of contract claims against the other centering on, among other issues, alleged delays and failure to pay change orders. Following a court trial, with extensive documentary evidence, both sides were found to have breached specific aspects of the subcontract, leading to a net recovery for the general contractor following complex series of offsets.
  • Plaintiff, a homeowner’s association of a large residential housing complex, sued the general contractor which completed a project to repair the complex’s water supply system. Plaintiff alleged that the system was defective and required an expensive complete replacement following negligent repairs and failed subsequent efforts to fix the poor work. The GC disputed liability and the extent of damages. Several subcontractor parties were added by cross-complaint, further complicating matters. All defendants denied damages claims. Settled at Mandatory Settlement Conference.
  • Commercial property developer plaintiff sued painting contractor defendant for allegedly defective work including claims that the work failed to prevent water intrusion despite express awareness of the issue and warranties to the contrary. In addition to notable repair costs, plaintiff claimed the water intrusion also led to significant business interruption for the plaintiff and its commercial tenants. Defendant disputed the allegations and denied all liability. Settled following extensive decisions on pre-trial motions in limine.

Family Law

  • Pet Custody Dispute: During the parties’ intermittent several year relationship, the defendant gave the plaintiff a dog as a birthday gift. After the relationship ended, the defendant took possession of the dog and refused to return it or allow visits. The plaintiff asserted that the dog was hers, as the registration was in her name and she was the only one who took care of the dog. Defendant claimed the dog was his. Judgment for defendant.

Probate, Estates, & Trusts

  • Plaintiffs, close friends of the decedent, alleged that decedent asked them to relocate from England to San Francisco to care for decedent as his health declined. They claimed decedent made oral promises to provide for them. Decedent, who owned a high-value real estate portfolio, allegedly promised to give plaintiffs a substantial amount of money and one of his homes as compensation. Plaintiffs also alleged that the decedent later agreed to double the compensation. After the decedent's death, the plaintiffs filed a lawsuit for breach of oral contract against the executors of the estate. The executors disputed the claims and argued no liability as the alleged agreement was not in writing. Jury Verdict for plaintiffs.

Professional Liability

  • Real estate broker defendant allegedly failed to disclose to plaintiff client that the seller’s disclosures regarding the piece of property they were evaluating were materially incomplete. Defendant also had failed to verify the seller improvements described in the disclosures, but continued to recommend the transaction to plaintiff nevertheless. Defendant disputed the allegations. Settled at Mandatory Settlement Conference.
  • Plaintiff client alleged inadequate legal representation and negligence on the part of out-of-state attorney defendant who formerly represented plaintiff in federal action. Defendant cross-complained for non-payment of fees and costs. Following settlement of complaint, action for fees and costs was tried to verdict for defendant/cross-complainant.

Real Estate

  • Partition action brought by one co-owner against the other for partition by sale of a residential property, including allegations of mismanagement and a request for an accounting. Settled at Mandatory Settlement Conference.
  • Plaintiffs alleged that they paid for part of a residential property together with defendants, and also contributed personally to its improvement, but were not repaid or compensated when defendants fraudulently conveyed the property to a third-party. Settled at Mandatory Settlement Conference.
  • Quiet title action brought by plaintiff occupant of residential property who claimed adverse possession of the former home of his aunt, who he lived with and assisted in the last few years of her life. Following her passing, plaintiff continued residing there for years and allegedly performed all necessary functions for adverse possession. Defense verdict as to adverse possession, but award of equitable lien to plaintiff.

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