Business
- Successfully mediated sensitive case involving the client of a cleaning company alleging privacy violations and theft following the client's discovery that the company was stealing from them and advertising online using photos of the client's children and home.
- Relative sold restaurant/deli to family members. The deal closed three days before shutdown due to the pandemic. Buyers did not perform in full. Seller had police remove buyers from restaurant due to their threats of violently destroying business. Buyer sued for breach of contract, fraud, non-payment of sales tax. Sellers cross-complained for wrongful eviction, alleging that they were only one payment behind on the sales contract, and their application for change of ownership and attendant changes to tax reporting had not been processed by the state due to pandemic shutdowns, and they should not have been locked out. Since the parties were relatives, the matter was settled.
- Parties litigated the question of whether a forbearance agreement is a separate credit document subject independently to the usury laws, when the underlying note and extensions were under one of the exceptions to the usury law, but the forbearance agreement itself lacked the hallmarks of that exception.
- Settled a case in which an insurance company denied a claim based on fraud. The claimant was Ghanaian and the theft occurred in Ghana.
- Bank induced borrower to refinance of a higher interest rate, then refused to modify loan because borrowers were current. Borrowers waited too long to sue while they searched for options.
- Bank foreclosed during mortgage modification consideration, before borrower's documents were due.
- Private lender foreclosed after 3 months, claiming that borrower had not made payments. Borrower had evidence of contacts with server to set up automatic payments. Borrower sued for reimbursement of $195,000 in additional interest and attorney’s fees charged during 10 months.
- Plaintiff claimed that foreclosure sale was not done publicly - that it was conducted by Trustee after other bidders and plaintiff thought it had been postponed.
- Plaintiff and Defendants were partners in 10 franchise of fast-food restaurants. Both own multiple other franchises. A dispute between partners alleged misuse of funds, money owed. Smaller partner bought out larger partner.
- As part of a unique ethno-cultural group, the parties had engaged in years of business dealings, some documented, some not. Upon the death of a major player, the parties began making conflicting claims for properties and money owed. After the disputes escalated, all parties sought the mediator's help in resolving the current financial relationships. Although the case initially presented as a breach of contract, it was actually a collapsing web of years of secret and open dealings that involved many families and properties in the Bay Area.
- Franchisee advanced funds 6 months before signing Franchise Disclosure document. Franchiser failed to support Franchisee, and store failed because of franchisee lack of knowledge or experience to succeed.
- Settled a case where employee was enticed from Plaintiff's business to competitor defendant with promises of higher commissions. Employee took leads from Plaintiff, but leads did not result in sales.
- Plaintiff and Defendants were partners in 10 franchise of fast food restaurants. Both own multiple other franchises. A dispute between partners alleged misuse of funds, money owed. Smaller partner bought out larger partner.
- As part of a unique ethno-cultural group, the parties had engaged in years of business dealings, some documented, some not. Upon the death of a major player, the parties began making conflicting claims for properties and money owed. After the disputes escalated, all parties sought the mediator's help in resolving the current financial relationships. Although the case initially presented as a breach of contract, it was actually a collapsing web of years of secret and open dealings that involved many families and properties in the Bay Area.
- Resolution of dispute over purchase/sale of bar, dissolution of joint venture to operate bar.
- Resolution of dissolution of closely held corporation and sale of shares of Mexican company, in Spanish.
- Resolution of claims of breach of contract for purchase/sale of construction equipment and supplies.
- Resolution of forced buyout of founding partner in tech manufacturing and production company. All partners agreed to meet with the mediator without litigation in an effort to orchestrate buyout and negotiate consulting contract for exiting partner and distribution of current accounts and future profits.
- Resolution of buyout of former partner in electrical supply business. Valuation of interest offset by losses allegedly caused by departing partner.
- Resolution of dissolution of partnership and valuation of interests in firearms store. Impact of change in firearms sale law on present and future value of the company.
- Resolution of claims of failure to disclose toxic materials in used-oil trucking contract, and responsibility for clean-up and remediation.