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 A prior verbal agreement for shared use of the roadway was not reduced to writing, and one owner claimed to have rescinded the resulting license due to breach of the agreement’s terms.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.

Assisted homeowners in resolving various disputes regarding

Assisted homeowners in resolving various disputes regarding a building co-owned by them. The disputes related to improvements, claimed VIOLATIONS OF CC&Rs, establishing a Reserve Account for capital improvements and creating a template for future HOA MEETINGS and communications.

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.

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.

Effective California Mediator

Case Results: Real Property