Complex Tenant-in-Common Dispute:
Served as an arbitrator and partition referee in litigation among six parties/entities who owned a historical home in San Francisco as tenants-in-common under a Tenant-in-Common Agreement, each occupying a residential space within the building proportional to their fractional interests. Hearings, rulings and negotiations were conducted over several years ultimately resulting in the forced sale of one of the parties’ interest and resolution of the remaining issues through a negotiated amended TIC agreement.
Plaintiff, a 42-year-old widow was forced to retire due to a progressive form of Lupus. Shortly after purchasing her first home, a leak developed in the house, resulting in high mold concentrations which exacerbated her pulmonary hypertension and lung problems. The parties negotiated a rescission/buy back of the home whereby title was transferred back to the home builder, and plaintiff secured significant compensatory damages for the cost of the move, loss of personal possessions, and pain and suffering.
Fraud in the Inception/Breach of Contract:
Served as a court-appointed Special Master in this matter. The case was filed on behalf of 100+ homeowners based on alleged fraudulent sale of homes to the Plaintiffs, including fraud in the inception and breach of contract. I handled multiple law and motion matters, and submitted findings and recommendations to the court for several years on this matter.
Negligent Water Diversion/Agricultural Lands:
Served as a court-appointed Discovery Referee in this action involving a dispute between adjoining landowners of agricultural parcels in Sutter County. Plaintiff had farmed hay since the 1950s and Defendants purchased the adjoining parcel and farmed rice. Plaintiff claimed that Defendants negligently graded their 150-acre parcel such that excessive water was diverted onto Plaintiff’s parcel causing land damage and decreased hay crop yields. Plaintiff alleged multiple causes of action, including public and private nuisance, strict liability, negligence, intentional tort, fraud, breach of contract, and trespass to lands under cultivation.