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.

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.

Effective California Mediator

Case Results: Real Property