Effective California Mediator
Case Results: Commercial Litigation
BAD FAITH/WRONGFUL DENIAL OF COVERAGE claim by
BAD FAITH/WRONGFUL DENIAL OF COVERAGE claim by Plaintiff/owner of multiple properties and policies, who alleged that carrier wrongfully denied her first party claim and wrongfully denied coverage for third party claims.
BAD FAITH HANDLIING OF CLAIM. Insurer brought
BAD FAITH HANDLIING OF CLAIM. Insurer brought action to rescind contract and recover amounts paid to insured after a theft at insured’s warehouse. RESCISSION action was based on a claim of misrepresentation by insured in application for insurance. Insured brought separate action for bad faith and breach of contract, claiming that amount paid on loss was insufficient, and that insurer’s conduct in processing the claim amounted to BAD FAITH.
SHAREHOLDER BUY OUT within a family CORPORATION
SHAREHOLDER BUY OUT within a family CORPORATION in which dispute involved valuation of assets and resolution of amount and nature of buy out.
WRONGFUL DEATH action in which an elderly
WRONGFUL DEATH action in which an elderly man died after the CEILING in his senior housing apartment unit collapsed due to excessive WATER LEAKS from plumbing. Defendant contended that it had no knowledge of any potential leak or defect and claimed that the cause of death could not necessarily be attributed to the ceiling collapse.
BREACH OF CONTRACT action by provider of
BREACH OF CONTRACT action by provider of logistics and production services to major car manufacturer in which defendant claims that provider did not SUBSTANTIALLY PERFORM under the parties’ agreement, and that an OFFSET FOR LOST PROFITS claimed by the manufacturer was an appropriate remedy for defendant’s losses.
BREACH OF CONTRACT case involving management services
BREACH OF CONTRACT case involving management services provided for a RESIDENTIAL REHABILITATION FACILITY. Dispute centered on whether both parties performed adequately under the contract, and whether the agreement had been modified by subsequent conduct of the parties.
BREACH OF CONTRACT matter centered on planned
BREACH OF CONTRACT matter centered on planned sale of one LAW FIRM and its assets to another law firm. Pre-litigation matter involved resolution of various claims for relief and releases of potential claims.
COMMERCIAL NEIGHBOR DISPUTE/NUISANCE matter between owners of
COMMERCIAL NEIGHBOR DISPUTE/NUISANCE matter between owners of adjacent commercial
properties regarding alleged failure by one property owner to adequately secure its property so as to
protect against UNAUTHORIZED ACCESS to neighbor’s property. Acts of VANDALISM occurred which were attributed by plaintiff to INADEQUATE SECURITY on defendant’s property.
LENDING DISPUTE between commercial borrower and non-traditional
LENDING DISPUTE between commercial borrower and non-traditional lender in which borrower claimed that terms of loan documents were changed. Dispute also centered on application of borrower’s RESERVE FUNDS to pay for lender’s attorney’s fees.
NEGLIGENCE AND PREMISES LIABILITY claim against an
NEGLIGENCE AND PREMISES LIABILITY claim against an apartment complex and a truck owner when a minor fell off a scooter after coming into contact with a trailer hitch that was protruding into a walkway at the plaintiff’s apartment building. Plaintiff sustained COMPRESSION FRACTURES in his thoracic spine as a result of the fall.
PARTNERSHIP DISSOLUTION in which co-owners with fractional
PARTNERSHIP DISSOLUTION in which co-owners with fractional interests in several restaurants sought to separate their interests. Damages also sought for breach of contractual duties to manage business and failure to perform.
Plaintiff sued AUTO DEALER under CLRA for
Plaintiff sued AUTO DEALER under CLRA for damages and rescission and restitution, claiming that vehicle he purchased was not as represented in dealer sticker and did not come equipped with items listed.