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Successful Mediations

Wawra Business Mediation Services – Successful Mediations (Partial List)

Real Estate – General

Suit by lessee against lessor for refusal to consent to assignment of commercial lease without large transfer fee and increase in security deposit

Suit for breach of purchase and sale agreement on sale of lots on lake against real estate tract developer with defense of sale conditioned on government approvals of a certain improvements

Suit for breach of contract by purchaser for non-disclosure and delays in escrow on the sale of commercial property

Suit by purchaser of residence against developer for non-disclosure of Mello-Roos lien

Suit by purchaser against developer on residential home purchase prior to obtaining subdivision approval

Suit by purchaser against savings and loan association relating to an REO residential property over certain contingencies not communicated to purchaser

Mother’s suit against son as co-owner of residence for breach of agreement to pay mortgage and ruining her credit

Tenant suit against landlord for falling tree branch on property hitting tenant causing injuries

Suit by lessee against landlord for breach of option agreement contained in lease for purchase of residence; parties are friends and neighbors

Suit by purchaser of lot in development claiming fraud

Suit under CAR form residential purchase agreement regarding wife’s authority alone to form agreement on behalf of husband and wife

Suit involving major shopping center owner and existing anchor tenant, a major grocery company, over terms of a lease agreement

Suit by a purchaser of a residence under a CAR residential purchase agreement for fraud and return of deposit

Suit involving sale of residence where buyer occupied residence before close of escrow and performed work and seller then cancelled escrow

Suit by purchaser under residential purchase agreement involving lack of authority of seller under trust agreement and cancellation of escrow

Suit by purchaser for breach of a CAR form agreement by seller related to septic tank inspection

Suit by purchaser against seller for misrepresentation related to sale of residence under a residential purchase agreement

Suit by landlord against tenant for breach of lease agreement related to a lease of office space

Action by owner of residence against lessee for termination of a residential lease containing ambiguous terms related to right to extend

Real Estate – Brokers

Suit by purchaser of residential real estate for alleged non-disclosure of major defects in framing and foundation against real estate agents and seller, with defendants stating that purchaser was aware and no damages because of intention of purchaser to undertake reconstruction of house

Suit by purchasers against real estate brokers and seller for non-disclosure related to the sale of the operations and land of an existing major franchised hotel

Suit by real estate agent against his brokerage company over agreement related to commission split agreement

Suit by real estate broker for commission on property listed for sale and then withdrawn from the market

Title and General Insurance

Title insurance company suit to recover payments made on a title claim of a bona fide purchaser of a home who received a forged deed

Homeowner suit against escrow and title insurance company for error in paying off of loan on residential property rather than commercial property of homeowner

Suit by insurance company for pay-off on fire destruction of home under construction against homeowners insurance of home owner whose child allegedly caused the fire

Construction

Homeowner suit for breach of contract and negligence against a contractor regarding construction of a pool, and resulting collapse of wall and water intrusion into the home

Subcontractor suit for non- payment against general contractor for supplying concrete to project with defenses by general contractor of defective work and costs to replace contractor

Suit by homeowner against contractors for alleged negligent clean up of water damage from pipe break and reconstruction and mold remediation issues

Suit by subcontractor against general contractor for non-payment; defenses claimed of abandoning job and work deficiencies

Suit against contractor for breach of contract due to defective roof repair and leaks causing water damage

Suit by contractor for unpaid work done on retail center

Suit by owner of residence for defective work under construction contract against contractor friend

Suit by carpenter for negligence against general contractor for instruction to perform certain work on roof and falling through sustaining injuries; issues of no workers compensation and employee vs. independent contractor arguments

Suit by subcontractor against general contractor as a result of injuries sustained from a falling wood beam from roof under construction

Business/Securities

Suit by public entity law firm for alleged sale of unsuitable security to elderly investor against major securities firm with defenses stated by firm of full disclosure and document back-up

Suits by investors brought under Financial Industry Regulatory Authority (FINRA formerly NASD) jurisdiction based on alleged violations of securities laws and industry rules

Action for losses on a currency trading alleging negligent oversight against international trading company

Suit by seller for non-payment of promissory notes related to an asset purchase agreement; purchaser claims fraud in value and condition of inventory and violation of non-compete clause

Dispute between equal owners of a business including claims of breach of fiduciary duty and need for an accounting

Suit by purchaser for breach of agreement demanding specific performance against seller franchisee to sell two gas stations with issues of fault in not obtaining franchisor approval

Suit by seller of wire products for non-payment; defendant alleges defective product

Breach of contract suit of purchaser against owner of rock quarry relating to the right to multi-year supply of rocks with owner claiming illusory contract

Suit by consultant for breach of contract for non-payment of commission claimed due for baked goods introduction and sales to retail vendors

Suit for collection of amounts owed for leased equipment; issues of overcharging and lack of accounting records

Suit by contractor for collection on work related to supply of steel to jobsite with defenses of poor quality

Suit by consultant for breach of agreement for non-payment of fees and commissions against corporation

Suit by contractor for non-payment on a supply of trees contract to a municipality with defense of defective trees

Action by Japanese contractor for non-payment of development fees relating to a software package developed for a subsidiary of a major Japanese corporation with defenses of defective product

Action for breach of contract for non-payment of percentage of earnings by a publicist of a musical production against production company

Personal Injury

Personal injury suit involving oil tanker truck hitting auto on right side of small two lane road resulting in major injuries; trucker claims auto turned across road in front of him causing accident

Personal injury suit involving auto being hit and pushed by truck across freeway into oncoming traffic resulting in major injuries ; trucker says turn indicator was on to move into plaintiff’s lane and plaintiff tried to speed past in front of truck

Suit against municipality for trip and fall on sidewalk claiming dangerous condition

Suit by customer against major fast food chain for a slip and fall and resulting injuries

Personal injury action by motorcyclist against a municipality for injuries sustain as a result of a road hazard due to failure to maintain road

Suit for personal injuries against major auto manufacturer by owner of vehicle due to molding on auto pulling away and resulting fall

Suit by subcontractor against general contractor for major injuries due to fall from scaffolding as a result of wetness and not being sufficiently lit for working on a high ceiling and walls inside a dark building

Action for personal injuries and property damage to auto, boat and trailer as a result of being struck by an auto

Trespass and Property Damage

Suit by 1st floor tenant against 2nd floor tenant without insurance coverage for flooding caused by lack of repair of pipe and resulting vacating of premises by business and water damage to records

Dog Bite

Suit by elderly woman for injuries from an attack by a neighbor’s large dog with medical complications and hospital stay

Suit for negligence against city police for not controlling police dog let out of patrol car after high speed chase resulting in attack and major injuries

Suit against owner of dog for a dog bite causing substantial injuries

Attorney Fee Dispute

Legal fee dispute between client and attorney under mandatory fee dispute rules

Dispute between attorney and client over legal fees under mandatory fee arbitration rules

Suit by one attorney against another attorney over split of attorney fees on a case

Dispute mediated between attorney and client regarding legal fees charged under the mandatory fee arbitration/mediation rules

Employment

Suit by employee against school district for wrongful termination and discrimination

Suit by university professor over termination of employment agreement by university

Suit by high school teacher against school district for employment leave and medical issues

Wrongful termination and false imprisonment action involving multi-million dollar claim by associate attorney against major law firm

Suit by senior employee of major Japanese auto manufacturer sales department for wrongful termination

Suit by employee for discrimination and harassment against employer

Numerous mediations of claims under United States Postal Service REDRESS Program involving employees represented by union representatives and management

International Parties

Breach of contract suit involving a subsidiary of a leading Japanese corporation against another Japanese corporation relating to the development and installation of a vital computer system

Suit by materials supplier to enforce stop notice against a Chinese bank required to withhold sufficient funds to pay mechanics lien

Suit by German bank to foreclose on trust deed on senior loan mistakenly recorded in second position using equitable subrogation theory

Suit by party from India owning motel business over terms of lease option to purchase the land from another Indian party

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