Peter J. Linn, Esq.

• Plaintiff school district was approached by a solar power contractor who proposed installing a solar power system at no cost to the District. Under the proposal, each school campus would generate its own electricity, with the District paying a significantly lower rate for the power produced compared to purchasing from the local utility. The contractor installed the system and later assigned the contract to another solar provider, who assumed responsibility for the system’s long-term maintenance and operation. Several years later, a dispute arose between the District and the solar provider regarding the system’s actual performance and the cost savings the District had been led to expect. The District filed suit, seeking recovery of the additional savings it believed it was entitled to receive. After five years of litigation—including an unsuccessful mediation and a judicially supervised settlement conference—the case was resolved one month before trial.
• Plaintiff entered into a loan agreement with a developer of low income housing, which provided for a 25% rate of return, and the principle and interest were due and payable in 12 months. Eight months after the loan was made, the lender claimed that the loan also granted the lender a 15% interest in the property. The developer denied that the loan agreement was modified, and denied that the lender ever received an interest in the property. When the developer tendered the full amount to the lender, plus the interest, the offer was rejected and a lawsuit was filed. After a full day of mediation, case settled.
• Plaintiff medical care facility provided medical services to two personal injury plaintiffs (defendants at the mediation) who were represented by the same law firm. Medical care was provided to both defendants on a lien basis, which were subject to being paid once the two cases settled. The defendants had signed lien agreements with the medical doctors, and although the facility was mentioned in the lien, it was unclear whether the lien agreement also included the facility's charges. Once the cases settled, the law firm negotiated the liens as to the medical doctors, but the facility did not get its liens satisfied from the proceeds. The facility sued the two individuals who received care, asserting that the facility also had a lien that was required to be paid when the cases settled. The case resolved at mediation.
• Plaintiff, a commercial manufacturer of food packaging materials, sued defendant warehouser after the manufacturer's product was damaged by an infestation of insects that were discovered in the pallets that the product was stored on while in the custody of the warehouse. Defendant warehouser in turn cross-complained against pallet manufacturer for indemnity. The proximate cause of the infestation was disputed. After a lengthy mediation process, the parties were able to reach an agreement and the case was resolved.
• Plaintiffs purchased their first home from an elderly couple who'd owned the home for decades. In the late 1990's, during the elderly couple's ownership, a portion of an old retaining wall in the backyard collapsed, but was never rebuilt. The area around the collapsed section then became overgrown with weeds, obscuring the remains of the collapsed wall. Over time, the remaining section of the retaining wall began to lean. At the time of the sale to the Plaintiffs, the only mention of the retaining wall was in a property inspection report, which recommended the leaning section of the wall should be looked at by an engineer. Plaintiffs elected not to engage the engineer. There was no mention of the collapsed wall or any soil movement in any of the seller's disclosure statements. Not long after the home was purchased by the Plaintiffs, the remaining section of wall collapsed causing considerable property damage. Plaintiffs sued the prior owners for failing to disclose anything having to do with soil subsidence issues or the partially collapsed wall. The case was eventually resolved after a lengthy mediation process.

• A commercial glazer sued the owners and operators of a large public venue after the venue operator refused to pay the glazer for work that fell outside and beyond the scope of the contract. The operator of the venue defended on the grounds it was a quasi-governmental entity subject to the Government Tort Claims Act, and since the claim was not made within one-year of the alleged breach, the claims against it were time-barred. The glazer alleged the additional work was performed based upon the oral approval of the operator's job superintendent, thus under principles of promissory estoppel, the operator owed the glazer for the additional work. The claim was successfully resolved at mediation.
• During the course of selling the ownership interest in a small closely held corporation, disputes arose concerning the stock purchase agreement, payment of consideration, and the transfer of assets. Seller also asserted the former owner/shareholder embezzled money after the transfer of shares/ownership. Buyer also alleged that Seller violated trademark infringement laws. All claims successfully settled.
• Mediated litigated dispute between buyer and seller of retail market. Defendants principally financed the purchase of the market through an SBA loan, however plaintiff claimed the defendants failed to perform under a separate, unsecured interest free promissory note. The defendant/buyers asserted that the promissory note was never fully executed, and that the SBA loan covered the amount of the unsecured promissory note.
• Mediated complex misappropriation of trade secrets and trade name infringement matter involving former employees who opened a business competing with former employer, allegedly using misappropriated client lists and pricing schedules. Former employees denied the allegations, and alleged employer was liable for wage and hour violations/penalties.

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• The plaintiff, a condominium owner, sued his homeowners association (HOA), alleging property damage after the HOA began construction to replace the decks and siding of the multiunit building’s common areas. During the exterior repairs, the HOA required access to several units, including the plaintiff’s, to complete the work. The plaintiff claimed that the construction rendered the guest bedroom and master bedroom in his unit uninhabitable. During the course of the repairs, the HOA’s contractor also discovered mold in an interior wall of the plaintiff’s unit, which was caused by a leaking plumbing fixture. Disputes arose over who was responsible for repairing the damage and who should bear liability for other damages the plaintiff alleged occurred during the plumbing and related repair work. The case was successfully resolved following a full day of mediation.
• Plaintiff contractor and defendant property owner entered into a written agreement for residential improvements, including the addition of an ADU. The project began during the COVID-19 pandemic, which caused delays. As the work progressed, disputes arose over alleged cost overruns and claims of defective workmanship, ultimately leading to the contractor’s termination. The contractor subsequently recorded a mechanics lien and filed an action to enforce it. The homeowner responded with a cross-complaint seeking damages for alleged construction defects. Following expert consultations and extended mediation, the parties reached a settlement.
• Successfully mediated a construction defect matter that presented itself pre-litigation. Claimant homeowner hired a design professional and general contractor to perform a whole house remodel. Part of the remodel included a full re-do of an elevated exterior deck. The designer created a new design for the deck that the builder then implemented. Shortly after the remodel was completed, the deck began to show indications that water was getting under the tiles and damaging the outer edge of the deck. The builder asserted the design of the deck edge caused the issue while the designer alleged the builder failed to properly follow the plans and specifications. Prior to mediation, a new design was developed by a 3rd party designer that corrected the problem, and the builder developed a scope and cost of repair that fully remedied the damaged deck. Using the new scope and cost of repair as a guide, the case was resolved after a full day mediation.
• Mediated breach of contract and construction defect claims between property owner and builder/designer of Accessory Dwelling Unit. Plaintiffs alleged the ADU was not built as originally represented, and when delivered contained numerous structural and construction defects. The builder/designer argued that the construction met design standards.
• Successfully mediated mechanics lien dispute between commercial builder and property owner stemming from non-payment progress payments under the terms of the construction contract. Owner defended non-payment on the grounds the builder failed to comply with terms of contract and that there were alleged construction defects that the builder failed to timely remedy.

• Successfully resolved litigated matter between contractor and property owner stemming from an extensive kitchen remodel. Homeowner, an elderly widow, alleged the contractor’s salesman engaged unfair bidding practices, and then failed to timely perform under the contract.

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• Successfully mediated a construction defect matter that presented itself pre-litigation. Claimant homeowner hired a design professional and general contractor to perform a whole house remodel. Part of the remodel included a full re-do of an elevated exterior deck. The designer created a new design for the deck that the builder then implemented. Shortly after the remodel was completed, the deck began to show indications that water was getting under the tiles and damaging the outer edge of the deck. The builder asserted the design of the deck edge caused the issue while the designer alleged the builder failed to properly follow the plans and specifications. Prior to mediation, a new design was developed by a 3rd party designer that corrected the problem, and the builder developed a scope and cost of repair that fully remedied the damaged deck. Using the new scope and cost of repair as a guide, the case was resolved after a full day mediation.
• Successfully mediated dispute between commercial landlord and retail tenant stemming from non-payment of rent during Covid 19 pandemic. The tenant defended on the grounds that performance under the lease was excused on the grounds of impossibility, i.e. State and local health and safety orders prohibited the operation of the business.

• Plaintiff entered into a loan agreement with a developer of low-income housing, which provided for a 25% rate of return, and the principal and interest were due and payable in 12 months. Eight months after the loan was made, the lender claimed that the loan also granted the lender a 15% interest in the property. The developer denied that the loan agreement was modified, and denied that the lender ever received an interest in the property. When the developer tendered the full amount to the lender, plus the interest, the offer was rejected and a lawsuit was filed. After a full day of mediation, the lender accepted a little more than the principal and interest due under the note in satisfaction of the lawsuit.
• Plaintiff restaurant staff person suffered an injury that caused him to be unable to work at the defendant's workplace. Although the plaintiff was treated for a low back injury over the period of several months, his communication with his employer during the period of disability regarding his condition and treatment was sporadic. When the employer requested the employee provide confirmation from his treater as to the employee's fitness to return to work, the communications broke down and ultimately stopped. The employee never returned to work. One year later, the employee filed suit for FEHA violations, constructive termination, harassment and retaliation. Despite the business having changed hands prior to the filing of the lawsuit, the mediation conducted with the employee, current and former owners was able to be successfully resolved.
• Plaintiff, a restaurant employee, sustained a low back injury that rendered him unable to work at Defendant’s establishment. Although he received treatment over several months, his communication with the employer regarding his medical condition and work status was sporadic. When the employer requested medical documentation confirming his fitness to return to work, communication between the parties deteriorated and eventually ceased. The employee did not return to work. Approximately one year later, he filed a lawsuit alleging violations of FEHA, including constructive termination, harassment, and retaliation. Despite a change in business ownership prior to the filing, the matter was successfully resolved through mediation involving the employee, the current owner, and the former owner.

• Resolved unlawful detainer matter seeking possession of premises and over $100,000 in unpaid rent and other expenses.
• Mediated and resolved dozens of unlawful detainer actions filed in Contra Costa Superior Court after the expiration of Statewide Covid rent relief program.

• A 70-year old plaintiff was driving down a residential street when a delivery driver in a leased vehicle pulled away from the curb abruptly, impacting the plaintiff's car on the passenger side, causing the air bags to deploy. Plaintiff complained of neck and back injuries at the scene, and was transported to the nearest emergency room. He was diagnosed with a rotational neck injury that worsened Plaintiff's already existing cervical spine conditions. During aftercare, Plaintiff was diagnosed with broad based posterior herniation, causing mild narrowing of the central canal and neural foramina, bilaterally, at all cervical levels. Plaintiff's orthopedist recommended neck surgery to alleviate the condition and the resultant pain. Plaintiff agreed to the surgery, but because of underlying heart condition, his surgeon determined it was unlikely he would survive the surgery. At mediation, Plaintiff's life-care plan without the surgery was well into 7-figures. After a full day mediation, the defendant's insurer agreed to pay nearly its entire policy to settle the case.
• Successfully settled litigated matter on the eve of trial involving elderly person who tripped and fell in a retail establishment. Liability as the cause of the accident was not disputed, however the defense contended Plaintiff's knee and shoulder injuries pre-existed the accident and not causally related. The defense also argued the alleged injuries were not exacerbated by the fall, and that Plaintiff's claims for future damages, including a claimed need for multiple surgeries, was overstated.
• Plaintiff alleged that moments after entering a retail grocery store, she slipped and fell on a piece of produce on the floor. She further alleged she suffered a severe lower back injury that had exacerbated certain other spinal conditions. She was seeking substantial past and future medical expenses resulting from the injury. The defense denied liability, claiming the condition which Plaintiff contended she slipped on was not on the floor, and that even it was, the condition did not exist for sufficient enough time so as to constitute actual or constructive notice. The defense further alleged that Plaintiff's medical condition was not caused by the alleged fall and not supported by Plaintiff's own medical records. The case settled shortly after a full day mediation.
• Plaintiff restaurant staff person suffered an injury that caused him to be unable to work at the defendant's workplace. Although the plaintiff was treated for a low back injury over the period of several months, his communication with his employer during the period of disability regarding his condition and treatment was sporadic. When the employer requested the employee provide confirmation from his treater as to the employee's fitness to return to work, the communications broke down and ultimately stopped. The employee never returned to work. One year later, the employee filed suit for FEHA violations, constructive termination, harassment and retaliation. Despite the business having changed hands prior to the filing of the lawsuit, the mediation conducted with the employee, current and former owners was able to be successfully resolved.
• Successfully resolved a litigated matter on the eve of trial involving an elderly individual who tripped and fell in a retail establishment. While liability for the incident was not disputed, the defense maintained that the Plaintiff’s knee and shoulder injuries predated the fall and were not causally related. The defense further argued that the incident did not exacerbate any pre-existing conditions and that the Plaintiff’s claims for future damages—including the alleged need for multiple surgeries—were significantly overstated.

• Plaintiff middle-aged woman was walking on a poorly lit public sidewalk when she encountered an uplifted section adjacent to a tree. Apparently a decorative tree placed in the sidewalk some years prior developed roots that as they grew, began to uplift the surrounding concrete. Plaintiff tripped and fell, landing on her knees and fracturing her patella. The municipality where the sidewalk was located had enacted an ordinance several years before the injury occurred which transferred the duty for the care and maintenance of the sidewalks to the adjacent property owners, and created a rule where any injuries to 3rd parties caused by a defect in the sidewalk was also the responsibility of the adjacent owner. Both the municipality and the property owner were sued for premises liability with the main issue being the appropriate allocation of comparative and contributory fault in light of the city's ordinance that shifted responsibility to the property owner. The case was successfully resolved.
• Successfully resolved litigated property damage case. Defendant borrowed Plaintiff's new vehicle while on vacation together and subsequently was involved in a year end collision. Defendant's insurer denied coverage for the vehicle damages, however Plaintiff's insurer paid for the repairs. Plaintiff thereafter sued Defendant driver for damages including out-of-pocket expenses and vehicle depreciation.
• Successfully mediated litigated matter involving a rear-end collision (truck v. auto) where liability was disputed.

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• Mediated dispute between architectural design firm and owners of hotel properties over non-payment of professional fees. The issues were complicated by claims of alleged overpayment by the design firm, and alleged errors in the designs that purportedly resulted in cost overruns and delays in the projects.