Jobi Halper, Esq.

• Mediated several disputes between attorneys and clients concerning overpayment or non-payment of fees and concomitant claims. Mediator possesses special expertise in fee disputes as appointee to California State Bar Mandatory Fee Arbitration Committee, and lectures both on behalf of the State Bar and throughout the state on mediating and arbitrating fee disputes, how to avoid fee disputes, and how to defuse fee disputes.

• Copyright Infringement dispute whereby the plaintiff corporation, a seller of on-line and live training services relating to real estate, discussed a possible partnership with defendant, but did not go forward with the agreement. The parties agree that the defendant then used copyrighted materials from defendant’s on-line site, republished them without the copyright mark, and disseminated them in hard copy. They parties disputed whether the defendant profited, whether the materials were otherwise available in the market or the information contained therein was available, and the extent of defendant’s dissemination of the materials.
• Dispute arose between contractor and supplier on breach of a credit agreement. Contractor agreed to purchase a specialty material for construction, and was notified by supplier that credit was not permitted on specialty orders, and no changes or cancellations were permitted on specialty orders. After the contractor over-ordered he neither paid for nor picked up the overage and a dispute arose.
• After defendant fell in arrears on two large commercial loans, defendant gave notice, an opportunity to cure, and then began default proceedings. The parties sought mediation to assist in loan restructuring.
• An independent contractor sales representative entered into a non-compete agreement. When the representative gave notice that he would not renew the sales contract, the company terminated him. The representative joined a new competing business. The former employer allegedly then disparaged the new company and the former sales representative to their prospective and existing clients. The sale rep then sued for slander, defamation, intentional interference with contract & prospective economic advantage violations of Business & Professions Code Section 17200 and enforcement of an unlawful covenant not to compete.
• Partnership and general business dispute arose after a business failed to be profitable and one of the partners attempted to oust another partner.

• Dispute between hotel restaurant and employee alleging a wage and hour claim on a class-action basis for failure to provide meal and rest breaks.

• Dispute between long-time employee and employer based on allegations of conduct of new manager concerning employee’s age and religion, further dispute over whether employer and/or manager retaliated after employee filed a complaint.
• Dispute between prison healthcare professional and the California Department of Corrections concerning whether the healthcare professional was promised a full time position that later was revoked improperly in retaliation for efforts to bring prison into compliance with medical and dental care required for patients, or whether professional was only a part-time employee who was not promotable because of personality conflicts with remaining staff.
  
  
• Dispute between teacher at prison and the prison over failure to authorize treatment for worker’s compensation claim, refusal to accommodate special needs of the teacher after the injury, and failure to promote and other misconduct by prison in retaliation for worker’s compensation claim and complaints.

• Dispute between guest at a bar, the bar and its bouncer. Plaintiff alleged that bouncer wrongfully pulled patron into fight, beat him up and inflicted serious injury to he and his wife. Defendants contend that Plaintiff was drunk, out of control and initiated all contact.

• Injured contractor sued general contractor when he was injured falling from a ladder at a job site. After insurer defended under a reservation of rights, the defendant went bankrupt, and the insurer sued to settle the coverage dispute concerning the contractor’s injuries.

• Plaintiff purchased used car, contends defendant car credit did not provide documents at dealership, did not disclose problem vehicle, lender has holder liability.
• Subrogation property loss due to fire, multi-party.
• Plaintiff Group purchased restricted stock based on understanding that restriction would be lifted and shares transferable in open market on date certain. Plaintiffs alleged Defendant Corporation manipulated lifting restriction for several months to increase officer/director profitability and provide preferences to shareholders willing to further invest. Plaintiff also alleged corporate counsel engaged in unlawful practices, breached fiduciary duties and participated in scheme to defraud plaintiffs.
• Plaintiff, minor in district, participated in special education/IEP program alleged to be intentionally discriminatory.

• Auto rear end, lost profits.
• Plaintiff was side swiped by Defendant, avoiding Defendant who moved into the same lane. Three party case.
• Plaintiff, a minor, was bitten by defendant’s dog while on his property, defendant contends he was unaware she was on his premises.
• Automobile Accident dispute over damages, liability was not contested. Plaintiff contended that the impact of the accident damaged her breast implant, which then required replacement. Defendant/insurer disputed that the impact could have damaged the implant, and alleged that a prior accident occurred, and the implant damage occurred at that time. The plaintiff denied any prior accident.
• Personal injury brought action after an automobile struck a pedestrian. The parties disputed liability because the plaintiff was crossing in the middle of the road, at night, and further disputed the extent of the plaintiff’s injuries and lost wages totaling $1,000,000.

• The parties collided in a parking lot while the defendant was backing out of a space. All three plaintiffs were injured, but the extent of injury was in dispute. Defendant alleged all three plaintiffs, who lived together, were either unemployed, or on disability, and no real injuries occurred.
• The parties disputed liability and injuries in an automobile accident where the plaintiff claimed that the defendant fell asleep, was speeding, crossed the line, and after the accident attempted to flee the scene and evaded disclosing his name and insurance. The defendant contended that the plaintiff was at fault by making an unannounced, last minute lane change and disputes that he attempted to flee the scene.
  
  
• The defendant in this insurance subrogation matter relating to an automobile accident disputed injury but not liability.
• Plaintiff was injured in a three-vehicle pileup where defendant was the rear vehicle. Because the middle car had no insurance, and was arrested as a murder suspect and was awaiting trial, the plaintiff sued the rear vehicle. Dispute over damages rather than liability.
• Auto accident without liability dispute but dispute concerning extent of knee injury and permanence of disability.
• Dispute over liability and damages when a vehicle that made an allegedly illegal U-turn into another car.
• A bus rear-ended a vehicle, and the only dispute was over the scope of the injury to the driver and whether she had preexisting injuries.

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• Purchaser of boat hit wake, causing damage to boat. This was purchaser’s second time with damage to the boat. After the second injury to the boat, it allegedly could not be fully repaired, and the purchaser claimed that the boat was defective in its design and as a result could not be repaired, or alternatively the first repair company had negligently repaired the boat. Insurer in subrogation suit sought damages from the repair shop involved with the first collision for faulty repair. Defendant responded that the boat owner improperly used the boat, causing the damage, and asserting estoppel arguments both because the manufacturer’s warranty had expired, and because the boat owner failed to raise the existence of a manufacturer defect after the first accident causing damage to the boat.
• After the supply line for sink in a residence failed, the homeowner sued and was paid by the insurer, who then brought a claim against the supply line manufacturer for manufacturer’s defect, product liability and negligence. The insurer contended that the sheath inappropriately corroded and failed after two years because it lacked sufficient internal protection. Manufacturer defended arguing that the line failed because the insured used chlorine in line.

• Plaintiff alleges Defendant concealed material facts before closing on sale of commercial building.
• Wrongful Foreclosure dispute for $750,000 home in Temecula. The plaintiffs believed that the Trustee acted inappropriately relating to the substitution of trustee, backdating trust documents and misrepresentation, and sought to set aside foreclosure.
• Breach of contract dispute between HOA and an owner of three properties for failure to pay assessments and penalties. The defendant has concluded a bankruptcy including some of his properties but not these three.
• Plaintiff, a tenant, experienced leaks on his property that resulted in mold damage. The parties disputed whether the cause of the leak was the responsibility of the defendant owner or intentionally caused by the tenant. Tenant then alleged that the mold remediation was not performed properly and his belongings were negligently cared for during the work. Ultimately, the plaintiff alleged he became ill from the mold. The defendant owner claimed back rent, intentional damage to the property by the tenant, and a mechanics lien for work performed.
• Breach of commercial lease where tenant vacated before lease expired and owed substantial back rent and future obligation and the landlord’s mitigation efforts failed. Mediation to work out lease payments or return to lease.

• Attorneys Fee Disputes: Disputes between attorneys and clients over overpayments and/or underpayments, and collateral issues.
• Accounting Fee Disputes: Disputes between accountants and clients concerning under and overpayments, malpractice, and collateral issues.
• Bad faith and breach of contract on insurer’s duty to defend Title Insurance policy.
• Breach of oral and written contract, UCC violations, relating to the deposit of a check via ATM with a discrepancy between the numeric and written amount, and damage resulting therefrom.
• Breach of contract by contractor relating to clean up work after a flood.

• Wrongful denial of insurance claim/Bad faith.
• Title insurance dispute concerning easement that either ran with the land or was extinguished upon purchase of contiguous land.
• Credit Card dispute by holder for breach of contract, violation of Administrative Procedures Act, defamation, violation of the Bank Secrecy Act and Patriot Act, and related claims.
• Credit card dispute by holder, who attempted to purchase a product at an approved seller, then returned the purchase and attempted to repurchase to secure greater discount, and then was detained by the store at the credit card issuer’s request and the sale was refused.
• Dispute concerning wireless telephone service agreement and fees charged.

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