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The
following is a partial list referencing various types of litigated matters
that have
been
resolved with the assistance of the mediation services of Steve Cerveris
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General Business Litigation:
Claims of breach of promissory note and restructured term loan agreement between former real estate joint venturers.
wBusiness dispute between recycling-disposal companies. Breach of contract claim alleging breach of landfill dumping requirements.
wClaims of violations of California Consumer Legal Remedies Act, fraud, violations of Code of Regulations Sections 260.00 et. seq., breach of express and implied warranties(Song-Beverly Consumer Warranty Act).
wBreach of oral partnership agreement, dissolution, accounting involving Escrow\Title Company. Accusations by minority partner of mismanagement and misappropriation of partnership assets by controlling partner.
wCorporate dissolution as precursor to claims of breach of fiduciary duty, breach of licensing agreements and unfair competition and cross claims for harassment, intentional interference with contractual relations and injunctive relief. Parties had long-term business relationship involving intellectual property rights .
wWide range of collection litigation with allegations of common counts and seeking interest and attorney's fees pursuant to various agreements. Parties include credit card companies, family-owned businesses to international corporations.
wClaims for conversion, restitution and declaratory relief by companies providing leases of commercial equipment. Cross claims for indemnification and declaratory relief claiming breach of lease agreements and proper exercise of buy-out provisions at expiration of lease terms.
wClaims of fraudulent billing and unfair business practices and misrepresentation of skills and abilities of interior designer. Although written agreement was provided by designer, it was never executed by plaintiffs.
Real Estate Litigation:
Claims involving a
variety of commercial and residential real estate issues and parties
including actions for quiet title, partition, declaratory relief, specific
performance, fraud, conspiracy, failure to disclose, tortious interference
with contractual relations and injunctive relief.
Representative real estate cases include the following:
wMulti-million
dollar HUD/FHA loan fraud action involving allegations of conspiratorial
"land flip scheme" with brokers, agents, escrow officers and
appraisers.
wPlaintiff
residing in townhouse claimed partial ownership interest in property after
commencement of unlawful detainer proceedings. Plaintiff alleged an oral
agreement with property owners that he was part owner, had paid portion of
down payment but was intentionally absent from title due to financial
problems during loan application process. Statute of frauds, promissory
estoppel and reasonable reliance issues raised.
wBreach
of commercial shopping center lease. Defendant's subtenant (assignee)
sought bankruptcy protection and lessor pursued original tenant who
claimed lessor had discharged their liability at the time of the
assignment.
Employment Litigation:
Litigation involving
individuals at all levels of employment and a variety of businesses and
entities from family-owned businesses to international corporations.
wWrongful
termination claims, including actual, constructive and retaliatory
terminations, based upon allegations of race, age, gender, disability and
pregnancy discrimination.
wClaims
alleging fraud, conversion, forgery and theft by various employees of both
small and large companies.
wClaims of overtime and minimum wage violations.
wClaims of breach of written and/or implied employment agreements and breach of the implied covenant of good faith and fair dealing.
wClaims of sexual harassment, hostile work environment and violations of public policy. Claims involving allegations against corporate officers and supervisors for sexual harassment and allowing sexually hostile work environment in violation of published policies prohibiting discrimination and harassment.
wClaims of sexual harassment including lewd acts and a history of offensive touching and sexually explicit comments. Allegations of retaliatory demotion resulting in constructive wrongful termination.
wClaims of hostile work environment by female employee involved with direct customer contact alleging she was terminated after her face was disfigured in a car accident. Defendant claimed termination was performance based and due to plaintiff's refusal to comply with dress code.
Trust and Probate Litigation:
Claims involving beneficiaries, trustees, personal representatives, administrators, public administrators and counsel including:
wBitter family disputes involving claims of incompetency and undue influence in the execution of trusts, wills and ancillary documents.
wDisputes seeking to remove personal representatives and administrators based upon allegations of self-dealing, fraud and mismanagement of estate assets.
wClaims objecting to final accountings and proposed distribution of estate assets.
wClaims to recover attorney's fees expended in seeking accounting and removal of personal representatives and administrators.
Tort Litigation:
Claims involving negligence, premises liability, strict and products liability, abuse of process, comparative negligence, workers compensation, insurance coverage and various damages issues. The following is a sample of representative cases:
wToxic Mold litigation involving home buyers, sellers and related real estate and inspection agencies.
wPremises Liability. 16 year old female was raped by intruder in her apartment after numerous complaints of broken gate lock and gang?type intruders congregating inside apartment complex.
wTwo car freeway collision on wet roadway. One car was knocked off freeway and totaled; soft-tissue injuries and concern over exacerbation of previous brain injuries.
wAuto v. Auto. Female received facial lacerations from shattered window glass which became permanently embedded in her face resulting in permanent facial scarring.
wAuto v. auto. Female received soft tissue injuries with alleged exacerbation of pre-existing multiple sclerosis.
wSlip and fall at gas station mini-mart. 18 year old female slipped and fell on puddle inside gas station convenient store; claims of L5/S1 disc herniation, coccygeal fracture and knee sprain.
w79 year old man slipped and fell on grease spot in commercial parking lot; required two hip replacement surgeries and ulnar nerve surgery. Liability and nature and extent of injuries challenged.
wDiving board accident at city pool resulting in serious leg
laceration and permanent scarring. Liability issues involved claims of dangerous condition and defenses of comparative fault and compliance with local and national safety standards.
wApartment unit completely destroyed in fire several days prior to Plaintiffs' eviction. Plaintiffs claimed fire was result of faulty kitchen appliance. Defense claimed fire's origin was arson.
w2 ½ year old boy was injured when a glass mirror affixed to a bathroom wall cabinet fell off its moorings, shattered and struck plaintiff in the face. Residual facial scarring and possible damage to tear duct. Personal injury action was brought against apartment owners.
wClaims of abuse of process and intentional infliction of emotional distress by plaintiff who alleged a process server provided a false proof of service.
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