Kirk
Yake

Kirk Yake is a local mediator, arbitrator, and attorney with over twenty years of litigation and trial practice and over ten years of training and experience in mediation. As the former Chair (2012-16) and current Vice-Chair of the Alternative Dispute Resolution Section of San Diego County Bar Association, Kirk continues to work to develop and provide mediation programming and education to both mediators and attorneys.  Previously, in the course of his affiliation with Community Associations Institute, an organization serving the HOA industry, Kirk was a founding member of mediation programs in two chapters to provide affordable mediation to homeowners’ associations and homeowners. Kirk listens carefully and strives to help parties chart a path to resolution.  Where law, facts, legal costs and risks must be evaluated, Kirk draws upon his broad experience of litigation and trial work, as well as his general representation of homeowners’ associations and individuals.  His goal is to provide a process in which the parties and their attorneys feel satisfied they were heard and fully engaged in resolution.  
 

Rates: 

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Superior Court

  • Civil Limited $150 per hour for each of the first two hours and $300 per hour thereafter.
  • Civil Unlimited : $250 per hour for each of the first two hours and $300 per hour thereafter

HOA:
$750/3 hours + $300 per hour thereafter. Effective November 1, 2014 there will be a $100 per party administrative fee. $750 flat rate for up to three hours. $300 per hour thereafter.
All Other Cases: $300 per hour, $175 administrative fee per party

Legal Career & Prior Experience: 

The majority of Mr. Yake’s legal experience has been in the field of civil litigation, primarily in the representation of homeowners’ associations in construction defect litigation.  Construction defect claims included landslides, mold infestation including Stachybotris sp., subsidence, and all sorts of water intrusion.  Most of these cases resulted in settlement funded by insurance following multiple mediation sessions.  Mr. Yake also has significant experience in environmental litigation, and in serving homeowners’ associations as general counsel.  Most recently, Mr. Yake represented the owners of a luxury home in protracted litigation, which proceeded to a lengthy bifurcated trial and is now in post-trial proceedings.  Mr. Yake’s prior law firm experience is set forth below:

  • Trial lawyer, construction defect litigation (1994-2015)
    Mediator, National Conflict Resolution Center (2008-2016)
    Mediator, West Coast Resolution Group (2011-Current)
    Mediator, San Diego Superior Court Panel (2016-Current)
    Mediator, Federal Equal Opportunity Employment Commission (EEOC) (2015-2016)

Education & Professional Affiliations: 

Mr. Yake is a licensed attorney in California and has served pro hac vitae on construction defect disputes in Arizona and Colorado.  His educational background and professional affiliations are listed below:
University of San Diego Law School, J.D. (1993)

  • University of California, San Diego, B.A., Political Science (Latin American emph.) (1987)
  • Strauss Institute at Pepperdine Law School, “Mediating the Litigated Case” (2012)
  • American Bar Association Mediation Training (2011) 
  • NCRC Mediation Credentialing Program (2008)

Professional Affiliations

  • State Bar of California (1993)
  • U.S. District Court, Southern District (1993)
  • California Real Estate Broker (2005)
  • San Diego County Bar Association, ADR Section Vice Chair, 2017
  • Community Associations Institute (1995-2014)

ADR Experience & Specialties: 

  • NCRC Mediator Credential (2006)
  • Strauss Institute of Dispute Resolution, Mediating the Litigated Case coursework
  • 2015 (Current) Chair, Alternative Dispute Resolution Section of San Diego County Bar Association 

Specific Practice Areas

  • Homeowners Association (CC&Rs, construction disputes, view disputes, property damage, vendor disputes, assessments)
  • Real Estate (commercial and residential landlord-tenant, non-disclosure, breech of contract)
  • Construction defect (original, conversion and defective repair, homeowner and HOA, SB 800 mediation and traditional/common law claims). 
  • Employment (discrimination, failure to hire, wrongful termination)
  • Business/Construction/Consumer (contract disputes, corporate dissolution, buy-out)
  • Professional Liability (fee disputes and liability)·
  • Auto Lemon Law 

Achievements & Awards: 

Past board member of the San Diego Chapter of Community Institutions Institute (international organization providing education and resources to stakeholders of community associations, including HOAs, condominium associations and planned unit developments).  Honors included “Author of the Year” and “Committee Member of the Year.”  
 

Hobbies & Interests: 

Mr. Yake’s hobbies include travel (with a Senior Contributor badge on TripAdvisor), surfing with his friends, and growing tomatoes in his backyard.    

To schedule a mediation please call Case Manager Kathy Purcell at
619-238-7282