Judge David S. Cohn

Judge David S. Cohn serves on the San Bernardino County Superior Court, assigned to the San Bernardino Justice Center. He was appointed by Governor Gray Davis in 2003 and received his legal education at the University of San Diego School of Law. His rulings have received coverage in both the Daily Bulletin and the Daily Journal, indicating a public profile in significant civil litigation matters. The documented case record reveals a consistent pattern in Judge Cohn's approach to environmental and land use matters. In 2021, he issued at least two notable rulings requiring environmental review for development projects in the Upland area: one involving a proposed warehouse project rumored to be associated with Amazon, and a second finding that a 65-unit housing project in an Upland flood basin could harm the environment. Both rulings reflect a process-oriented approach to CEQA compliance, prioritizing thorough environmental analysis before project approval. He has also presided over charter school litigation, including cases involving Oxford Preparatory Academy in Chino. Based on the available data, Judge Cohn's documented rulings demonstrate a willingness to hold development projects to strict procedural and substantive environmental review standards. Attorneys handling land use, development, or CEQA matters before Judge Cohn should treat environmental review compliance as a threshold issue rather than a secondary concern.

Attorneys appearing before Judge Cohn in land use or development matters should treat CEQA compliance documentation as the centerpiece of their case preparation. His 2021 rulings demonstrate that he scrutinizes whether adequate environmental review has been conducted, and he has ruled against projects — including both a large commercial warehouse and a residential housing development — when he found environmental review to be insufficient. Arguments that minimize or dismiss environmental review obligations are directly contradicted by his documented ruling pattern. For attorneys representing project proponents, the strategic imperative is to present comprehensive, well-documented environmental review records. Gaps in the administrative record, cursory environmental analyses, or reliance on categorical exemptions in environmentally sensitive areas such as flood basins carry demonstrated risk before this judge. Conversely, attorneys challenging project approvals should focus their arguments on the adequacy and completeness of the environmental review process, as this is the area where Judge Cohn has shown a willingness to rule against project approvals. For matters outside the land use and environmental context, such as the charter school litigation he has handled, the available data does not support specific tactical guidance. Attorneys in those matters should focus on standard civil litigation preparation and procedural compliance.

• critical

  Audit the Completeness of the Environmental Review Record

  Given Judge Cohn's documented pattern of requiring thorough environmental review, attorneys on either side of a land use matter must conduct a detailed audit of the administrative record for CEQA compliance gaps before appearing before him.

• critical

  Prepare Site-Specific Environmental Impact Arguments

  His ruling on the flood basin housing project demonstrates sensitivity to site-specific environmental conditions. Attorneys must be prepared to address the particular environmental characteristics of the project site, not just generic CEQA compliance.

• important

  Research His Prior Rulings in the Daily Bulletin and Daily Journal

  His rulings have been covered by both publications. Attorneys should search these sources for additional reported decisions to supplement the limited data available in this profile.

• important

  Prepare for Substantive Judicial Engagement on Complex Issues

  The nature of the cases he has handled — CEQA challenges, charter school litigation — suggests he presides over complex civil matters. Attorneys should be prepared for substantive questions and should not rely on superficial argument.

• Nice

  Review Oxford Preparatory Academy Litigation Record

  For attorneys handling charter school matters, researching the Oxford Preparatory Academy litigation he presided over may provide insight into his approach to education law disputes.

• ›Present environmental review arguments with specific citations to the administrative record, as his rulings reflect close attention to whether the record supports the adequacy of environmental analysis.
• ›Do not minimize or dismiss CEQA procedural requirements in argument; his documented rulings show he treats environmental review compliance as a substantive threshold issue.
• ›Be prepared to address site-specific environmental conditions directly, as his flood basin ruling demonstrates he considers the particular characteristics of a project location.
• ›Expect substantive judicial engagement on complex legal and factual issues, given the nature of the high-profile matters he has handled.