REPRESENTATIVE CASES

Family trust and partnership owned four properties valued at over 30 million dollars. The partners were unable to agree on a division of the assets and an administrator was appointed to conduct the sale. In the meantime a settlement agreement was entered into whereby it was required that the properties be sold in an expeditious matter. Certain buyers were obtained for the properties, however one of the partners refused to sell as the offers were below market value. A motion to enforce settlement was filed and denied by the trial court, which found that consent was reasonably refused and unanimity was required pursuant to the agreement. The agreement called for mediation prior to litigation.

Plaintiff alleged a series of breaches of the warrantee of habitability, including gas leaks, mold, and the landlord illegally living in the basement, as well as several violent confrontations with the landlord and her agent.

Plaintiff alleged mold growth in her unit, limited to the bathroom and shower area, as well as bird droppings on her patio. Defense expert found that there were more allergens outside the unit than inside and that the issue had been remediated years earlier and was no longer existent, and that the bird droppings were of no significance.

Plaintiff resided in an apartment unit with her minor children. They claimed the unit was uninhabitable as roaches were present and would crawl on them at night, that the plumbing was nonfunctional, and that garbage was not collected, magnifying the rodent problem, and lead paint existed in the unit.

Over 30 units in an apartment building held a rent strike due to uninhabitable conditions. Several tenants were successful while others were not. Defendant filed a cross-complaint for the rents owing.