REAL PROPERTY DISPUTE between landlord and former

REAL PROPERTY 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 PROPERTY DISPUTE by former property owner

REAL PROPERTY DISPUTE by former property owner against HOA alleging that defective condition of property resulted in a diminution of value and the loss of rental income for townhouse owner.

Settled action to SET ASIDE SALE of

Settled action to SET ASIDE SALE of real property brought by highly emotional widow who challenged the validity of sales agreement based on alleged LACK OF CONSENT. Buyers countered with claim that sale was valid and should be recognized as binding.

Settled case brought by family of decedent

Settled case brought by family of decedent against CEMETERY OWNER for BREACH OF CONTRACT and emotional distress damages, when cemetery mistakenly buried another decedent in the gravesite previously selected and purchased by the plaintiffs. CULTURAL AWARENESS and Feng Shui issues weighed heavily in the negotiated resolution.

Settled CONSTRUCTION BREACH OF CONTRACT case resulting

Settled CONSTRUCTION BREACH OF CONTRACT case resulting from large remodeling project of historic inn. Issues involved impact of CHANGE ORDERS and CONSTRUCTION DELAYS.

Settled CONSTRUCTION DEFECT litigation involving significant remodel

Settled CONSTRUCTION DEFECT litigation involving significant remodel to plaintiff’s home and claims of multiple defects by subcontractors. Case also involved claim for personal injury resulting from homeowner’s fall. Issues involved INSURANCE COVERAGE, sub contractor’s liability and claims of comparative fault.

Settled contentious NEIGHBOR DISPUTE involving claims of

Settled contentious NEIGHBOR DISPUTE involving claims of TRESPASS, NUISANCE, ASSAULT AND BATTERY, PROPERTY DAMAGE, and allegations of violations of the RALPH ACT, by both parties against each other. The litigants were particularly entrenched in their positions, and the five year dispute contained many complex and emotional layers.

Settled contentious NEIGHBOR DISPUTE involving issues of

Settled contentious NEIGHBOR DISPUTE involving issues of CONSTRUCTION on one property adversely affecting structural integrity of neighboring apartment building. The parties’ long- standing dispute revolved around both liability for the alleged damages, as well as the recoverability of CONSEQUENTIAL DAMAGES that plaintiff attributed to neighbor’s property.

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.

Effective California Mediator

Case Results: Real Property