© 2019 by JWL. Created with Wix.com

Case Summaries

BUSINESS & BREACH OF CONTRACT
 

  • Mediation where departed employee and officer of company alleged company's wrongful refusal to honor departed officer's interest in the company and properly compensate him for his interest

  • Mediation of dispute between a church and school management company with respect to lease obligations and obligations under a school management agreement

  • Arbitration involving law firm and client based on client's failure to pay legal fees

  • Arbitration where claimants sought to rescind contract with timeshare resort group

  • Arbitration where purchaser of racetrack alleged breach of contract against seller

  • Arbitration where insurance producer alleged former principal owed chargebacks pursuant to a commission repayment agreement

  • Arbitration where medical imaging center brought claim against medical center alleging hospital wrongfully competed with imaging center in breach of partnership agreement


 

HOMEOWNERS' ASSOCIATION
 

  • Mediation of water damage claim brought by unit-owner against HOA for damage to interior of unit arising out of common area water leak

  • Mediation of property line dispute involving neighbors and HOA

     

INSURANCE
 

  • Insureds suffered fire loss and brought action for contractual damages and extra-contractual damages based on carrier’s declination pursuant to illegal acts exclusion.

  • Mediation of breach of contract and extra-contractual claims based on carrier's refusal to defend and indemnify a technology company under a D&O policy where technology company was under Government investigation and was served with multiple search warrants and grand jury subpoenas

  • Mediation of breach of contract and extra-contractual claims arising out of carrier's refusal to pay for the cost of the insured's remediation of a contaminated site

  • Mediation of action for equitable indemnity and contribution between carriers arising out of the carriers' defense and indemnity of underlying action involving competing pawn broker businesses

  • Mediation of insurance reimbursement action brought by carrier against its insured to recover alleged uncovered settlement paid by carrier on insured's behalf

  • Mediation of breach of contract and extra-contractual claims brought by company against carrier based on carrier's refusal to pay under an employee dishonesty coverage for a loss arising out of employee theft

  • Mediation of breach of contract and declaratory relief action brought by company against insurer based on insurer's failure to defend an underlying wage and hour matter

  • Mediation of breach of contract and extra-contractual claims alleged by university against carrier with respect to carrier's refusal to fully reimburse defense fees and costs incurred by the university relative to underlying suits and arbitrations brought by students against university

  • Arbitration involving medical center and professional liability carrier with respect to contractual and extra-contractual claims arising out of carrier's failure to defend medical center as to underlying personal injury suit

  • Arbitration where owner and operator of ranch brought contractual claim against crop insurer with respect to alleged losses to citrus crop due to wind and excessive heat

  • Arbitration where law firm brought fee claim against carrier pursuant to Civil Code §2860 for services rendered as "Cumis counsel"

     

LANDLORD TENANT, HABITABILITY

  • Mediation of lease dispute between a landlord and restaurant tenant involving issues of past and future rent and potential eviction

  • Mediation of landlord-tenant dispute involving single family home where tenants alleged constructive eviction based on condition of premises

  • Multiple habitability mediations where groups of tenants living either in apartment or other rental dwelling units pursue claims against landlords based upon mold, vermin and various other conditions at the premises

     

NEGLIGENCE
 

  • Mediation where fire at a motorcycle shop and repair facility caused a total loss to structure and twenty-eight customers' motorcycles along with insurance coverage issue related to insufficient policy limit

  • Malpractice action brought by business against accountant including claim for recoupment of fees paid

     

NEIGHBOR/ LANDOWNER DISPUTES
 

  • Mediation of claim for encroachment and property damage brought by three downslope landowners against uphill landowner with respect to a 175 foot garden wall that ran along the uphill landowner's rear property line where the wall became destabilized and ultimately encroached on the properties of the downhill landowners

  • Mediation of neighbor property line/encroachment dispute involving multi-million dollar residences