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.
Settled LANDLORD/TENANT DISPUTE in which tenant sued
Settled LANDLORD/TENANT DISPUTE in which tenant sued for BREACH OF WARRANTY OF HABITABILITY and retaliatory eviction. Plaintiff’s damage claim included a computation of loss of income for day care business on property, as well as statutory penalties for RETALIATORY EVICTION. Plaintiff also claimed emotional distress and harassment by landlord.
Settled multiple actions by buyer and seller
Settled multiple actions by buyer and seller against REALTOR for FRAUD and BREACH OF FIDUCIARY DUTY in dual party representation. Issues mediated included allegations of concealment of material facts, and DISGORGEMENT OF COMMISSIONS paid to realtor.
NEIGHBOR DISPUTE Claim for view restoration filed
NEIGHBOR DISPUTE Claim for view restoration filed after one neighbor planted trees and erected structure impacting pre-existing view from neighboring property. Claim alleged violations of local ordinance, homeowners’ association rules, and nuisance.
Settled NEIGHBOR DISPUTE involving issues of property
Settled NEIGHBOR DISPUTE involving issues of property lines, ownership of and alleged damage to TREES, and responsibility for damage to adjacent property.
NEIGHBOR DISPUTE involving owners of adjacent vineyard
NEIGHBOR DISPUTE involving owners of adjacent vineyard properties. Properties shared a common roadway providing access to their property and crops. A prior verbal agreement for shared use of the roadway was not reduced to writing, and one owner claimed to have rescinded the resulting license due to breach of the agreement’s terms. Plaintiff sued to establish either a PRESCRIPTIVE EASMENT or an IRREVOCABLE LICENSE to use the roadway. Plaintiff also sued for damages for improvements made on the roadway which defendant refused to help fund.