"The Robing Room: CA State Judges

Hon. Gerald J. Buchwald	See Rating Details
Judge Superior Court
San Mateo County	See Comments

Attorney Average Rating: 3.5 - 23 rating(s) Non-Attorney Average Rating: 1.0 - 12 rating(s)	Please send me alerts on this judge E-mail Address:

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General Rating Criteria

* Temperament		(1=Awful,10=Excellent)
* Scholarship		(1=Awful,10=Excellent)
* Industriousness		(1=Not at all industrious,10=Highly industrious)
* Ability to Handle Complex Litigation		(1=Awful,10=Excellent)
* Punctuality		(1=Chronically Late,10=Always on Time)
* General Ability to Handle Pre-Trial Matters		(1=Not all Able, 10=Extremely Able)
* General Ability as a Trial Judge		(1=Not all Able, 10=Extremely Able)
Flexibility In Scheduling		(1=Completely Inflexible,10=Very Flexible)

Criminal Rating Criteria (if applicable)

* Evenhandedness in Criminal Litigation		(1=Demonstrates Bias,10=Entirely Evenhanded)
General Inclination Regarding Bail		(1=Pro-Defense,10=Pro-Government)
Involvement in Plea Discussions		(1=Not at all Involved, 10=Very Involved)
General Inclination in Criminal Cases Pretrial Stage		(1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Trial Stage		(1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Sentencing Stage		(1=Pro-prosecution,10=Pro-defense)

Civil Rating Criteria (if applicable)

* Evenhandedness in Civil Litigation		(1=Not at all Evenhanded,10=Entirely Evenhanded)
Involvement in Settlement Discussions		(1=Not at all Involved,10=Very Involved)
General Inclination		(1=Pro-defendant, 10=Pro-plaintiff)

Comments

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What others have said about Hon. Gerald J. Buchwald

Comments

Civil Litigation - Private

Comment #: CA25918
Rating:1.0

Comments:
Buchwald is easily the worst Judge in Northern California. These 10 star ratings are almost certainly plants, or else people who have sucked up to him so long they get favorable treatment.

I've had him overturned twice. He is so grossly incompetent and legally ignorant that he forgot which case he was hearing in the middle of closing arguments. He's considered a joke by every San Mateo practitioner I know, people call 170.6 motions "Buchwald objections" in San Mateo, because everyone knows you have to keep it at the ready in case you get assigned him. Do not take him as a trial judge no matter what the cost to your case; you will regret it.

Litigant

Comment #: CA25271
Rating:1.0

Comments:
If we had known that Buchwald had a challenger in the last re-election, we would have worked on the other guy’s campaign. This rogue judge is currently violating due process while refusing to establish a clear record, which allows him to conceal what’s been going on in our case and the illegal, unlawful, and unconstitutional nature of the situation. Be wary of exercising your rights in his courtroom, including the right to criticize any public official...

Other

Comment #: CA14189
Rating:1.0

Comments:
Buchwald is a joke. Several people witnessed him sleeping during testimony. His ruling was reviewed by 4 independent attorneys none of whom could make heads or tails of it. He made mathematical errors and apparently has special powers to predict the economy and earnings many years into the future. He knowingly accepted testimony from witnesses who lied under oath. He’s incompetent and should be put out to pasture. He’s a disgrace and an embarrassment to the legal system. Shameful that he collects tax dollars from the people he is supposed to serve.

Litigant

Comment #: CA13526
Rating:10.0

Comments:
Judge Buchwald takes the time to listen to the attorneys and witnesses, ask questions, consider evidence, and mull over the situation from one court date to the next. He has an especially detailed understanding of wrongful foreclosure, post-foreclosure eviction, and right of possession after a trustee sale. We have been impressed by his ability to craft a solution that is equitable, meeting the needs of each party. Other judges would serve the community better if they took the time to learn from Judge Buchwald.

Civil Litigation - Private

Comment #: CA13511
Rating:Not Rated
Comments:
I've never had any problems with this judge and believe he has a strong background in civil litigation.

Based on some articles online, I've been doing some research on Judge Buchwald's cases and believe that the delays are often caused by the parties involved, such as in one case where there was extensive discovery, with 24 depositions, including of directors, officers, and third party consultants.

I'd rather have a correct decision from a judge who takes his time instead of a wrong one made in haste.

Civil Litigation - Private

Comment #: CA13510
Rating:Not Rated
Comments:
I'm glad some attorneys have had good experiences with this judge. I don't dislike him and did not feel discriminated against as a female lawyer. But to take 2 years to enter a judgment...with the parties' fates and finances hanging in the balance?

Civil Litigation - Private

Comment #: CA13506
Rating:10.0

Comments:
I have nothing but good things to say about Judge Buchwald and disagree with these unfair negative comments. I don't think they reflect what happens in Judge Buchwald's courtroom each and every day. I appear frequently in San Mateo County courtrooms and have appreciated Judge Buchwald’s professionalism and understanding for all involved, including parties, witnesses, and jurors.

Litigant

Comment #: CA13501
Rating:1.0

Comments:
I think the recent posters are in error - the comments here extend over 5 years. They are not 'people complaining after losing their case'. Comments include 'hostile towards female attorney', 'Judge failed to recuse himself', 'unprofessional and interpersonally repugnant', 'starting to wonder when this case will ever end so I can get paid - it's been nearly 3 years', 'This is the worst trial judge I have ever appeared in front of. He issued his opinion a year after the case concluded', 'But this judge has now used his "common law power of equity" to override clear statutory authority in two of my cases.', 'He does seem to have a bias in favor of some attorneys that he's known for a long time, though I'm not sure what the secret formula is.', 'Definitely favors men. Haven’t seen such a biased and sexist judge like this in over a decade.', 'He is a bully toward women attorneys in particular. He disregards the law if it conflicts with his view of what the outcome should be.'

These are not new, they are also consistent.

Criminal Defense Lawyer

Comment #: CA13488
Rating:9.3

Comments:
I was in Judge Buchwald‘s courtroom and I have seen hundreds of other judges over the years.
I can honestly say it was an honor and privilege to be in Judge Buchwald’s courtroom.
This website is nothing more than people complaining after losing their case.

Other

Comment #: CA13487
Rating:1.0

Comments:
Agree #CA13486 -- comments here are by real people who report actual experience with this judge and his handling of matters and treatment of litigants and attorneys. Poor.

Other

Comment #: CA13486
Rating:Not Rated
Comments:
How many of his endorsements have actually been in his court room and actually experienced his handling of their matter?

Other

Comment #: CA13460
Rating:Not Rated
Comments:
The stellar journalists at a local paper I read said Judge Buchwald is self-funded and not collecting donations. Funny, these church tithing envelopes started appearing in restaurants and in the mail. Get this? The suggested donations start at $500. Must be nice to never have had to run for election nor re-election and solicit donations of $500 and up.

Civil Litigation - Private

Comment #: CA13392
Rating:4.4

Comments:
Made mathematical and accounting errors in the tens of thousands of dollars and refused to correct them. Was very hostile towards female attorney, threatening attorney with contempt for merely responding to questions respectfully. Threatened other administrative proceedings against attorney regarding licensure. Did not follow the law.

Litigant

Comment #: CA13385
Rating:1.0

Comments:
Judge failed to recuse himself based on conflict of interest, making it impossible for defendant to get a fair trial

Other

Comment #: CA13367
Rating:1.0

Comments:
Incompetent, dysfunctional, erratic.
Self-appointed maverick who doesn't follow law and procedure.
Unprofessional and interpersonally repugnant.
Needs to retire or be reprimanded/recalled.

Litigant

Comment #: CA13366
Rating:1.0

Comments:
Cost me nearly a half million dollars for nothing, gave away an equity interest in my 40 year family home to a perjuring gold digger on a malicious and frivolous verbal claim, with no evidence and in contradiction to very clear laws on real estate contracts. Made an aggregious mathematical error in the process. Also this judge failed to recuse himself from a conflict of interests. He threatened to jail my attorney for politely interrupting him, and crippled her under his misogynistic intimidation and career-ending threats, such that I cannot get effective representation nor a fair trial.

Criminal Defense Lawyer

Comment #: CA13365
Rating:2.4

Comments:
This judge should be removed from office. Unfortunately there is not an effective accountability mechanism.

Litigant

Comment #: CA12894
Rating:1.0

Comments:
Very sexist, biased against women in general.
Does not follow the law. He decided the outcome
before the trial. He was brutal and threatening and is clearly threatened by women, preferring short,
Ugly male attorneys, which most of them are.
He did great damage to us through his biased
and hostile attitude and of course his predictable
verdict nothing could have changed.

Civil Litigation - Private

Comment #: CA12737
Rating:Not Rated
Comments:
This is an update to my review posted in November 2016. Finally got a tentative 11 months after trial ended. By then, the deranged pro per respondent had hired her 6th lawyer and Buchwald allowed the new counsel to reopen closing argument. He used his alleged "equity powers" to find my clients had "unclean hands" because they allegedly allowed the respondent unfettered access to their elderly, demented mother. His evidence? A hearsay statement in a court investigator's report that was inconsistent with the actual evidence. Since this is a conservatorship case, I'm starting to wonder when this case will ever end so I can get paid - it's been nearly 3 years. Most of it is this judge's fault. He seems to like me (even though I'm a woman) because I haven't made any snarky comments about the long delays.

Civil Litigation - Private

Comment #: CA12733
Rating:2.3

Comments:
The comments regarding this judge are exactly what I have seen. He believes that injunctive relief is a remedy of the judiciary and exclusively the right of the judiciary. He will not follow the law. He creates his own. Definitely favors men. Haven’t seen such a biased and sexist judge like this in over a decade. Use caution if he is deciding any issues of law.

Civil Litigation - Private

Comment #: CA11124
Rating:1.0

Comments:
This is the worst trial judge I have ever appeared in front of. He issued his opinion a year after the case concluded, managed to come to the wrong conclusion, and felt it necessary every day to scream at counsel on the record. At a pretrial, he was prepared to make an order that on one could file a demurrer or motion to strike against parties who had not appeared in the lawsuit. Utterly and totally incompetent.

Civil Litigation - Private

Comment #: CA10220
Rating:2.3

Comments:
This judge was in a firm that represented one of the defendant insurance industry before going on the bench in the same type of case and never disclosed it.

Litigant

Comment #: CA10218
Rating:2.0

Comments:
He bent backwards to side the plaintiff. There was no reason for plaintiff to win. He dragged on the litigation for 3 days to ensure he gave chances to the plaintiff to win. He not only increases my attorney bills but I have to now pay opposite lawyers high bills when he already decided to give judgement against me on the first day. I was very obvious that he was in favor of the other side.I could not even hear what he was saying, he just goes on mumbling. He was having personal conversations with the plaintiff. There was no reason for me to loose the case. I had all correct paperwork and my attorney was also shocked that we lost.

Civil Litigation - Private

Comment #: CA10007
Rating:3.7

Comments:
Earlier this year I represented petitioners in a 5-day probate bench trial against a pro per respondent. This judge bent so far over backwards to ensure a "fair" trial for the pro per (who is clearly deranged) that I had to remind him that my clients are also entitled to a fair trial. Almost 6 months later, still no decision, and his clerk now won't respond to my emails or phone calls. He insisted that the parties return a month after trial to receive his tentative ruling, then vacated the hearing the Friday before, causing my client who lives in at a distance to lose her nonrefundable airfare and hotel booking fee. He also made comments and asked questions during the trial that indicated his confusion about probate law. If I had read the comments on this site before trial, I would have papered him.

Litigant

Comment #: CA8030
Rating:2.0

Comments:
As a legal professional up against a dishonest, disbarred attorney who is known to the courts, I had high hopes in this judge's court, but I must echo the sentiments of lawyers concerning the improper delays and jurisprudence for which this man is responsible. He failed to follow well established law more than once and denied the legal rights of two innocent people who are being harassed by a mentally ill woman, including the right to full, fair, and impartial hearings. Although one of few jurists on the San Mateo bench with a background in civil law, he has repeatedly proven to be a disappointment in numerous cases over time.

Civil Litigation - Private

Comment #: CA7555
Rating:1.5

Comments:
This Judge does not take the time to read the litigation that has been put forth to him, He makes rulings that have already seen the court system and have been ruled on by another Judge. his tardiness to rulings only leads to more work for the Appellate Court

Criminal Defense Lawyer

Comment #: CA6626
Rating:1.8

Comments:
Makes up the law to fit his judgments. He actually denied an unopposed MSJ when the plaintiff, who had already dismissed the complaint, argued against the MSJ. Judge Buchwald was unable to cite any law to support his decision that affirmative defenses are waived by failure to oppose a motion for good faith settlement. Probably because there is no such law!

Civil Litigation - Private

Comment #: CA6250
Rating:Not Rated
Comments:
I just read a DCA opinion reversing his denial of a SLAPP motion. DCA seemed to go to some length to expose the judge's misunderstanding of the SLAPP statute: he thought defamation is not protected speech and so it's not subject to the SLAPP statute. So dumb I had to check out his reviews here. Case was Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450.

Criminal Defense Lawyer

Comment #: CA5303
Rating:1.3

Comments:
This judge should not be one. How he ever managed to get the job is a mystery to most practitioners in this county. He is objectively and simply not qualified.

Criminal Defense Lawyer

Comment #: CA4887
Rating:1.7

Comments:
The individual who posted on 2/2/14 got it right, and I note that that individual's comments are echoed by many of these reviews. Judge Buchwald seems to believe that his "common law power of equity" trumps the law. This means that he often ignores the law in making decisions. He does not favor one side or the other, unfortunately -- he's just unpredictable. My only expectation of judges is that their rulings be based on a reasonable interpretation of the law. Judge Buchwald utterly fails in this.

Additional problems:

1. He starts late, rambles, and does not keep things moving. I have never gotten out of his courtroom in under an hour, and I have had to sit in his courtroom for three hours on many occasions.

2. I would say that he's lazy, but perhaps the three-hour hearings just take up all of his time. I once had a motion to compel that didn't get resolved for over a year because he refused to rule on it. He just kept ordering the parties to meet and confer and come back with a stipulation (which was frustrating, as the opposing counsel was non-responsive).

3. He does seem to have a bias in favor of some attorneys that he's known for a long time, though I'm not sure what the secret formula is.

Civil Litigation - Private

Comment #: CA4774
Rating:Not Rated
Comments:
Be very careful with this judge. I do like his demeanor, and I think he is very conscientious about trying to achieve a just result. But this judge has now used his "common law power of equity" to override clear statutory authority in two of my cases. Judge, the law that the legislature enacts is not merely a suggestion. If there is law mandating a particular result, your job is to apply it. Common law principles of equity do not supersede such legislative enactments. They only apply either in the absence of statutory law or where statutory law allows for judicial discretion in its application. (See the Civil Code, section 22.) Because of his belief that his common law power trumps statutory law, this judge must be regarded as rogue. The outcome of matters submitted to him must be regarded as a total crapshoot. It's too bad, because I actually like him. But I no longer trust him as a judge if my case involves a statute.

Other

Comment #: CA4721
Rating:1.0

Comments:
Judge Buchwald would rather be BFF to Vinod Khosla than do the right thing by California citizens. His ability to misconstrue California law in favor of his buddy is an embarrassment.

Civil Litigation - Private

Comment #: CA4674
Rating:1.1

Comments:
This judge believes that he's brilliant, but he cannot think quickly enough on his feet to modify an erroneous tentative ruling. Oral argument amounts to a rambling tirade from the bench. He is a bully toward women attorneys in particular. He disregards the law if it conflicts with his view of what the outcome should be. He hates banks. He will conduct direct examination from the bench if he believes that a plaintiff's attorney needs the help. (The appellate department of his own court is on to him, though.)

Civil Litigation - Private

Comment #: CA4498
Rating:1.2

Comments:
He does not seem to be very bright. He ignores facts and law if they do not fit with what he has decided to do. Oral argument before this judge is a waste of time. He particularly appears to dislike women attorneys. He should not be on the bench.

Civil Litigation - Private

Comment #: CA4443
Rating:1.4

Comments:
I embarrassed Judge Buchwald when I challenged him on his understanding of corporate law, and it was downhill from there. Thereafter, he ruled against my client on absolutely everything, even if it made no sense or was not the law. I ended up having to settle when he denied a peremptory challenge -- something unheard of, but I suppose doable when you're that prickly a judge. Just be forewarned: this guy is an idiot, so you should pretend that he is very smart and you should act very subservient.

Civil Litigation - Private

Comment #: CA4436
Rating:8.9

Comments:
A smart, thoughtful, and experienced lawyer who is now a judge. He is patient, but wishes to move things along. Advocates who are un- or under-prepared are not appreciated. This bench in San Mateo County has very few judges who have had experience representing clients in the private sector, and who have any experience with business issues so often litigated. I believe he has both. He is fair and works hard, from my observation.

Civil Litigation - Private

Comment #: CA4284
Rating:2.1

Comments:
Utterly incompetent. He should not be sitting as a judge. He is absolutely clueless.

Civil Litigation - Govt.

Comment #: CA2924
Rating:1.5

Comments:
Slow, dim-witted but thinks of himself as a genius. Talks, talks, talks...all about himself. If you say you've practiced 35 years, he will say 40. If you say you are a recognized expert, he will say he was a better expert. He "clerked" for a year with the Cal. Supreme Court in 1970 and you'd think he was on the Court himself. B-O-Z-O.
Nickname: The Glacier. You cannot get him to move.

Civil Litigation - Private

Comment #: CA1736
Rating:9.4

Comments:
Judge Buchwald knows the law, especially on complex technical matters frequently litigated in this county.

Civil Litigation - Private

Comment #: CA1533
Rating:4.3

Comments:
Little understanding of the relevant law and makes decisions that are above and beyond the scope of the pending motion or hearing.

Civil Litigation - Private

Comment #: CA1163
Rating:3.4

Comments:
Regularly fails to follow the mandates of the law and more often than not, he simply makes obviously erroneous decisions based on what he perceives as his relevant experience even if it is contrary to established law.