Effective California Mediator
Case Results: Real Property
FAILURE TO DISCLOSE Septic System
FAILURE TO DISCLOSE claim brought by buyer of residential property in the country in which buyer claimed that seller and agents misled him regarding the status of a septic system for wastewater on the property. Pre litigation claim requested refund of amount needed to replace inadequate septic system with new one.
HOA dispute between two property owners
HOA dispute between two property owners in which issues relating to SHORT TERM RENTALS and CC&R rules were discussed. Various additional issues involving COMMON AREAS were also negotiated and resolved.
HOA dispute between two property owners
HOA dispute between two property owners in which issues relating to SHORT TERM RENTALS and CC&R rules were discussed. Various additional issues involving COMMON AREAS were also negotiated and resolved.
Plaintiff sustained PROPERTY DAMAGE to her home
Plaintiff sustained PROPERTY DAMAGE to her home when a car negligently drove into it. She pursued claims against her HOMEOWNER’S INSURANCE POLICY while also pursuing a claim against the negligent driver. Unsatisfied with the offers, she filed two lawsuits for property losses and consequential damages as well as INSURANCE BAD FAITH.
Breach of construction contract action by homeowner
Breach of construction contract action by homeowner against contractor claiming unlawful overages, delays and unacceptable work done by contractor on FULL HOUSE REMODEL.
Construction Breach of Contract case regarding installation
Construction Breach of Contract case regarding installation of a SOLAR POWER system, in which sub-contractor claimed damages resulting from contractor’s exercise of a TERMINATION FOR CONVENIENCE Clause in the subcontract. Contractor cross-complained for breach of contract damages.
Breach of construction contract action by owner
Breach of construction contract action by owner of large sports facility against ROOFING contractor for defective installation of water barrier with claims for consequential damages due to WATER LEAKS inside building.
Neighbor TREE DISPUTE case in which competing
Neighbor TREE DISPUTE case in which competing interests of VIEW RESTORATION and privacy / enjoyment of property were mediated. Discussion and evaluation were governed by a local ordinance addressing Tree Dispute Resolution. Plan of action was agreed upon by the parties.
SLIP AND FALL on water in a
SLIP AND FALL on water in a basketball court from a leak in the roof. Property owner claimed comparative fault against plaintiff, who removed the caution sign and should have known of the leak. Defendant also claimed that a subsequent re-injury was unrelated to the original incident, and was not defendant’s responsibility.
REAL ESTATE BREACH OF LEASE action by
REAL ESTATE BREACH OF LEASE action by landlord against former tenant, in which allegations of CONSTRUCTIVE EVICTION AND BREACH OF IMPLIED WARRANTY OF HABITABILITY were litigated. Case also addressed propriety of withholding of security deposit, and applicable statutory penalties.
REAL ESTATE DISPUTE between landlord and former
REAL ESTATE DISPUTE between landlord and former commercial tenant for claim of DAMAGE TO TENANT’S PERSONAL PROPERTY resulting from leak in HVAC unit not contained within tenant’s rented space. Owner sought affirmative relief for unpaid rental amounts owing under lease agreement.
REAL ESTATE PARTITION action brought by one
REAL ESTATE PARTITION action brought by one co-owner of property against other co-owner. Parties had been in romantic relationship and lived in home which was held in JOINT TENANCY. When one moved out, problems arose regarding responsibility for mortgage, taxes and other expenses. Action sought to establish respective amounts of UNEQUAL CONTRIBUTIONS made by each party, to be recouped from proceeds of expected sale. Parties were highly emotional and action was very CONTENTIOUS, with significant mistrust between parties and counsel. Settled with detailed terms regarding SALE AND ACCOUNTING OF PROCEEDS.