Wayne J. Boehle, Esq.

• The tenants were in the house on a one-year lease. The lease ran from 10-2015 to 10-2016. Plaintiffs were unable to pay their rent and received a 3-day notice to quit and eventually an Unlawful Detainer action was filed. The tenants did not respond to the UD action and a judgment in the amount of $ 4,400 was entered. Plaintiffs filed an action for nuisance negligence and breach of the warranty of habitability. They raised numerous issues with respect to the property including insect infestation and numerous claims of failure to maintain the property. The case settled for $15,750 with each side waiving any claims for fees and defendant waiving their rights to collect the UD judgment.
• Mediated a six-figure dispute between a hotel and a customer of that hotel who contracted Legionnaires Disease while on vacation.

• Plaintiff entered into a construction contract to take over a job at a gym. The contract required that all change orders had to be signed off by the gym owner. The general contractor was in a rush to get the job done, and most, if not all, of the change orders were verbally approved. There were seventeen change orders in all. The Plaintiff gym owner contended that the change orders did not reflect any work that wasn't already included in the contract. The owner also withheld some of the original contract price from the general contractor. The case settled.

• Handled over 50 cases involving employment issues, including but not limited to: wrongful termination, breach of contract, whistleblowing, and dissolution of corporate assets.
• Mediated several cases involving employment evaluation and wrongful termination issues.

• A home in Marina Del Rey was flooded when a water heater located on the roof exploded, causing damage to all three floors of the home. The property damage was estimated at nearly a million dollars, and Plaintiff had to pay hundreds of thousands of dollars out of pocket to complete renovatins. Defense claimed that Plaintiff improved his home beyond what existed on the night of the flood. There was also an issue with respect to the ALE (additional living expenses) which caused Plaintiff to seek damages for Breach of the Covenant of Good Faith and Fair Dealing. The case settled.
• Insurance bad faith on a business interruption insurance policy. The claim happened following the mudslide that occurring in the Santa Barbara area on January 9, 2018. Plaintiff’s business was blocked off from employees being able to get to due to road closures. The business was not in the closure area, but the veterinarian’s four members of her staff were. They were prevented from going to work.

• Habitability, negligence, and constructive eviction case. Issues of harassment from a co-tenant not dealt with properly were also raised.
• Handled a pre-litigation case involving a landlord/tenant dispute. Plaintiff Tenant contended Fair Employment and Housing Act (FEHA) violations, along with seeking damages for emotional distress. Plaintiff also contended discrimination due to familial status violations. Defendant Landlord denied all allegations. The case also involved alleged violations of the Fair Credit Reporting Act (FCRA). The case settled.

• Auto vs auto with deployed airbags in Pl.t's vechile. Pl suffered neck and back injuries and later developed Carpal Tunnel Syndrome. Meds were $15,000 with a possible $76,000 for 2 CTS surgeries. The auto policy was$100,000 it was demanded in August and agreed to be paid at the Mediation. Both sides agreed that CCP 664.6 could be used to attempt to enforce the settlement should one side back out.
• This was a wrongful death case where decedent ran his motorcycle into a concrete slab located at the intersection of Atlantic Blvd. and Bandini Ave. The work being performed was an expansion of the 710 freeway. Decedent was 32 years old at the time of the accident. He was married for 10 years, had three natural children and three step children that he was in the process of adopting. His economic damages were $1.8 and 2.0 million. The defense claimed that decedent caused the accident by speeding, not having a M/C license, driving over the construction work zone numerous times prior to the accident while on his way to work, having a BAC of .033, and not having good eyesight in that the dangerous condition was open and obvious. Opening demand $5.0Million. Opening offer $250,000. The case settled for $1.6 million.
• Plaintiff was injured twice while backing out of his driveway. Plaintiff alleged that a wall built by his neighbor prevented him from seeing down the sidewalk, and when a pedestrian banged on his car while backing out of the driveway, he jerked his head and subsequently injured his back and neck. He had fourteen epidurals and both a fusion and disc replacement were recommended. His medical bills were over six figures. Plaintiff had two cases: one against his neighbor and one against the City for failing to get the wall taken down after it had been brought to their attention with prior emails. Both cases settled.
• A security guard fired a warning shot at a transsexual woman who was taping footage of a synagogue/school for what she claimed was for its architectural beauty. Plaintiff, the woman, was dressed in all black with a black backpack and a large camera. The entire confrontation was filmed. Plaintiff refused to answer questions asked by the guard and the school was subsequently put on lockdown and 911 was called on several occasions. The guard stated that he was afraid that there was an explosive in the backpack, and he fired a warning shot which hit the ground and then hit Plaintiff in the left thigh. Paramedics came and treated the wound. Plaintiff claims she suffered Post Traumatic Stress Disorder (PTSD) along with anxiety and depression as a result. The case settled for six figures with a confidentiality agreement.
• Handled a Traumatic Brain Injury (TBI) case that occurred at a large apartment complex when it held a Halloween party for its tenants. One of the tenants had too much to drink and after the party closed, he invited friends to his apartment to continue partying. He decided to wait in the hallway to his apartment and sat on the guardrail which was 36 inches high. While waiting for his guests, he fell over the guardrail and hit one of his guests, causing serious injuries. Defendant's blood alcohol reading when tested at the hospital was .327. Plaintiff contended that the guardrail was built in violation of both the building code and industrial safety orders. His fall was approximately 12 to 15 feet. Plaintiff's injuries included a left parietal hematoma, frontal lobe fracture, broken clavicle and traumatic amnesia. Defendant claimed that plaintiff made a good recovery after one year of recovery, and they also argued that the owners of the building were not at fault. The case settled for millions of dollars.

• Handled rear-end accident which occurred on the freeway. Plaintiffs, husband and wife, sustained multiple soft tissue injuries, some broken ribs, and a subdural hematoma which resolved in three weeks, in addition to PTSD. This was an uninsured motorist (UIM) claim as the defendant driver only had minimum coverage limits. The case settled for six figures.
• This was a slip and fall personal injury case that occurred at a residence. Plaintiff, a large woman weighing over 300 pounds, tripped over a three-inch concrete walkway separation. She fractured her patella and had to have a second surgery, with a possible knee replacement in the future. The case settled for six figures.
• Auto vs. Pedestrian personal injury case. Plaintiff, the 70-year-old mother of the driver, was in the back seat of her daughter’s car. The daughter had pulled into their driveway, which is on a slope, and got out of the car and entered the home. Plaintiff exited the vehicle and the car began to move. She fell to the ground and the car ran over her left side. She suffered multiple fractures requiring surgery and spent six months in a rehab facility. She has residual pain that the Defense IME doctor said will remain with her for the rest of her life. The case settled for high six figures.
• Wrongful death of a 34-year-old motorcycle driver that occurred on the interchange of the 90 freeway transitioning to the 405 North. Decedent was traveling at 55-65 miles per hour when he lost control of the motorcycle and entered a 120 degree turn. The motorcycle hit a curb, and decedent was ejected into a light pole. He died instantly. Decedent was a single man who lived with his mother and brother. He was a video game developer. Case settled for seven figures.
• Handled a Slip and Fall case that occurred at a community college in Los Angeles. Upon entering an elevator in the school parking lot, Plaintiff slipped on urine that was left there by a person who entered the elevator two hours before. She fell and incurred injuries. There was security footage of the urinating person and the Plaintiff’s fall, occuring two hours apart. Plaintiff claimed medical bills and lost earnings. Defendant claimed that no dangerous condition was created, and that Defendant had no prior knowledge of the condition.
• Plaintiff fell while leaving a car dealer"s establishment. She fractured her 5th metatarsal and also had an avulsion fracture of the fibula on the left leg.
• Mediated a wrongful death case involving an 18-month old baby who suffocated while wearing an amber beaded teething necklace, which he had been wearing daily since he was 8 months old. The baby’s mother dropped him off at a day care center. When a center employee noticed that the baby was not breathing, she called the day care owner first rather than 911. A few minutes later, 911 was called and the baby was taken to the hospital, where he survived 5 days on life support before passing away. The day care center was found to be criminally at fault and lost their license to operate. However, the day care center had a minimal policy limit. Plaintiffs further sued the necklace’s online manufacturer. The case resulted in a multimillion dollar settlement.
• Auto vs auto car crash case. A police car at 1:00 in the morning was code 3 heading to help another officer. The police car made a wide right turn traveling at 60 mph from Hollywood Way onto Verdugo Road. Because the police car failed to slow down due to the time of day, the police car ran head into the plaintiff’s vehicle which was stopped or stopping in the left turn lane of Verdugo. Both vehicles were totaled, and all airbags were deployed. Plaintiff sustained multiple injuries mostly soft tissue and some PTSD issues. Her bills totaled $55,000 and she claimed LOE of $75,000. She was 32 and worked as a waitress at the time of the collision. The defense doctor said her injuries had healed within 4-5 months of the accident and that there was over treatment by Pl seeking 76 visits to a chiropractor and 2 full sessions of PT. All bills were on a lien basis.
• Trip and fall in an office building with substantial injuries and residuals. Plaintiff had four surgeries and developed a deep vein thrombosis that resolved with the placement of a filter. The filter lodged in her leg and could not be removed. There were multiple cross-complaints for express and implied indemnity that were resolved as well.
• Dog bite case occurring at the City of San Bernardino Animal Shelter. Both Plaintiffs were looking at a dog when the attack took place.

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• Settled two product liability cases against a blender manufacturer. Cases involved burns which occurred when using the blender. The defense claimed the accidents were a result of product misuse and failure to heed the manufacturer warnings. The special damages in one case with a $70,000 settlement were $6,442. The burns were to that plaintiff’s hands, shoulder, and both breasts. The specials in the other case, with a $55,000 settlement, were $1,837, including $683 for LOE. The burns were to that plaintiff’s face, fist, and second degree burns to the right ear. Both plaintiffs made excellent recoveries with minimal residuals.
• Mediated a matter involving claims that a kitchen appliance led to plaintiff sustaining a hand injury with lacerated right fourth and fifth digits, requiring surgery.

• Settled a case involving the fraudulent concealment of defects in a high-end piece of realty, where there was a failure to disclose the fact that a neighbor’s upcoming construction would block the view from the property, as well as other collateral issues.

• Handled over 40 cases where sexual misconduct, harassment, or battery were claimed.
• Handle sexual assault case where a dentist allegedly sexually assaulted a patient after giving her an anesthetic.
• Settled a 40 year old case where a former student accused a priest of sexually assaulting him, causing him to use drugs and alcohol as a result of the molestation.
• Handled a case where a student sued a school counselor for alleged misconduct including improper sexual touching.