Ana Sambold, Esq.

• Business: Claim arising out of the purchase and sale of a restaurant. Plaintiff/purchaser sued for fraud and misrepresentation alleging Defendant fraudulently misrepresented the financial condition of the business by providing false and misleading financial records and concealing relevant information to Purchaser.
• Business: Pre-litigated dispute between several bishops over the control and management of a non-denominational religious congregation. After several mediation sessions, they were able to resolve their differences and design a plan of action to effectively manage the organization.
• Breach of Contract: Dispute arising out of the sale and installation of a security system. Plaintiff refused to pay outstanding balance alleging system malfunction and sued for reimbursement of payments made to a second company for installing a new system.
• Breach of Contract: Plaintiff contracted with Defendant to design his company website. It allegedly had numerous problems and was not designed as specified in the contract. Defendant agreed to redo website and extend period of maintenance.
• Breach of Contract: A bakery sued its main supplier for failure to fulfill his contractual obligations on time. Plaintiff sought to recover for loss of earnings and damages caused by delays. Speculative damages, litigation costs motivated settlement.

• Partnership Dissolution: Dispute between former partners over distribution of partnership assets, claims of unfair competition, misappropriation of proprietary information and customer database. The mediation process assisted in preserving their friendship.
• Lemon Law: Plaintiff purchased a used vehicle. After having numerous mechanical difficulties, placing it out of service for many days, and expending significant amounts in repairs, Plaintiff sued for fraud, misrepresentation and breach of warranty.
• Creditor v. Debtor: Defendant borrowed $300,000 from his elder relatives (monolingual Spanish speakers) to invest in his furniture business. After a few payments, Defendant defaulted. Settled for outstanding balance plus attorney fees. Mediation helped to mend and reestablish family relationship.
• Insurance Subrogation: Tenant allegedly committed suicide at the leased property. Body was found weeks later. Police prohibited access to property for months and rental property was vandalized. Plaintiff, the landlord’s insurance company, sued the tenant’s estate seeking reimbursement for amounts paid to the insured landlord for the cost of repairs, cleanup and for loss of income while the unit was being prepared for rent again. The mediation process assisted the defendant’s family gain closure.
• Insurance: Water leak coming from an adjacent property damaged a rental unit owned by plaintiff. Defendant’s insurance company alleged it was the HOA’s responsibility to pay for damages, repairs and loss of rent. Case was satisfactorily settled.
• Construction Defect: Homeowner hired a general contractor to remodel his home. After delays and cost overruns, homeowner sued for construction defect and overcharges. As part of the settlement, Plaintiff agreed to withdraw his complaint against the contractor at the State Contractors Licensing Board.

view all

• Vehicle Accident: Negligence and subrogation action arising from a three motor vehicle accident. Plaintiff, the insurance company sued one of the drivers for negligence and sought reimbursement of payments made under its insurance contract. Defendant (who only spoke Spanish) allegedly was driving so recklessly on the rain-slicked road that he caused the rear-end multi-vehicle collision. Issues include apportionment of the recovery among additional insured carriers, policy limits and out of pocket expenses.
• Vehicle Accident: Action arising out of negligent operation of motor vehicle causing property damage to Plaintiff’s vehicle. Since defendant driver was driving a company vehicle at the time of the accident, Plaintiff sued driver’s employer. Issues included whether the employer was vicariously liable and if the accident occurred within the scope of employment.
• Auto v. Auto: Plaintiff, a 25-year-old individual, sustained serious back and neck injuries after Defendant made an unsafe and illegal turn and caused a collision. Defendant was alleged to be driving under the influence of alcohol at the time of the accident. Medical bills of $18,382 and continuing; loss of earnings and earning capacity undetermined; injuries considered to be chronic and required periodic treatment in the future.
• Slip and Fall: Negligence and other premises liability actions against a retail store resulting from a slip and fall accident that caused substantial injuries to Plaintiff. $40,503 in past medical bills; indeterminate amount for future loss of earnings plus loss of consortium claim. The case settled via a blind Mediator’s Proposal a few days after the mediation.
• Defamation: The Defendant, a homeowner, was questioning some purchases made by the board of the homeowners association. The president of the board responded by email and copied all the 45 remaining homeowners calling the homeowner a “smuggler.” Plaintiff sued for defamation seeking to recover for damages to his reputation and loss of business.

• Personal Injury: Claim arising out of alleged faulty mechanical work. Plaintiff alleged his vehicle caught on fire a few days after he took his vehicle to be repaired by Defendant. Settlement included reimbursement for repairs, lost wages, pain and suffering, and plaintiff agreed to remove negative postings about Defendant’s business.
• Dental Malpractice: Claim regarding injuries caused by negligent dental malpractice. Additionally, misrepresentations, improper diagnosis, unnecessary treatment and surgery. Defendant dentist cross-complained for the cost of treatment and surgery.
• Dog Bite: Pitbull bit the Plaintiff and his small dog. Plaintiff’s small dog subsequently died from injuries. Plaintiff sought damages for veterinarian-related bills, medical expenses and treatment. Plaintiff suffered permanent scarring.
• Uninsured Motorist: Plaintiff sought to recover for personal and property damages.

view all

• Silent Ownership: Complicated family dispute involving issues of partition, eviction, unlawful detainer, lease, sublease, verbal agreements, a mortgage and the title of a house. Plaintiff claimed he was the owner of the house while his son-in-law and daughter lived and paid rent to him. Defendants claimed that they had made a verbal agreement with the plaintiff (the father) that he would be the one to obtain the loan for the house but they will make the mortgage payments since the son-in-law and daughter did not qualify for a loan. After a while, neither the plaintiff nor the defendant were making mortgage payments so the bank foreclosed the house and the whole family was torn apart. Mediated successfully in English and Spanish.
• Co-ownership and Partition: Plaintiff and his parents purchased a house together. Since his parents did not qualify for a loan, Plaintiff had taken it out in his name alone and contributed to the mortgage “rent” payments. When Plaintiff got married and moved out, he initiated a partition action to have his name removed from the loan. Since parents did not qualify by themselves for the loan, they refused to sell the house.
• Landlord/Tenant: Plaintiffs claimed they complained to the landlord about different defects on the property during the tenancy that were unresolved: Issues included no working heater, mold, no smoke detector, broken ventilation, exposed electrical wiring and sockets, etc. When the tenants were evicted, they sued their landlord on six causes of action: breach of the statutory warranty of habitability, breach of the implied warranty of habitability, negligent maintenance of premises, retroactive rent abatement, breach of written contract and negligence per se. Plaintiff sought damages equivalent to 50% rent abatement for the tenancy.
• Landlord/Tenant: Tenants sued landlord for personal injury due to mold exposure and damages to personal property. They refused to pay rent. Landlord initiated an unlawful detainer action. In settlement, landlord agreed to pay for damages and tenant agreed to vacate the premises.
• Habitability: Dispute arose between unit owner and a property management company over a rat infestation resulting in Temporary Restraining Orders for alleged threats of physical violence and harassment.

• Security Deposit: Plaintiff sought to obtain three times the amount of his security deposit alleging his landlord did not reimburse his security deposit within the statutory period. Defendant alleged unpaid rent, utilities, and damages to property.
• Breach of Lease Agreement: Landlord sued Tenant after he vacated the premises before the expiration of the lease period. Tenant cross-complained alleging he gave proper notice and sought full reimbursement of his security deposit.
• Homeowners Association: Disputes between homeowners’ association and owners regarding compliance with CC&Rs, failure to pay HOA fees, liability for repairs, restoration of property, and unauthorized improvements.
• Homeowners Association: Homeowner seeking damages from homeowner association claiming members breached their fiduciary duties and were allegedly negligent for engaging in contracts which were not in the best interest of the association.
• Procuring Cause: Dispute between a real estate broker and his former real estate agent over a commission for the sale of a house made to a buyer introduced by the agent to the broker while they were working together.
• Easement: Neighbors dispute over the use of an easement resulted in an action for trespassing, nuisance property damages, assault and battery, and a Temporary Restraining Order after Plaintiff’s dog allegedly was shot by Defendant with a BB gun. Both neighbors installed powerful lights and security cameras pointing at each other’s properties and harassed each other’s family members and guests for many years. The case settled satisfactorily after a full day mediation.

view all

• Living Trust: Older two siblings were named as the successor co-trustees on their mother’s living trust. After mother had a stroke, a dispute arose with father and remaining two siblings over validity and interpretation of the living trust, Settlor’s mental capacity, trustee’s appointment, determining community property assets plus allegations of undue influence, forgery, financial elder abuse. Mediated in Spanish and English.
• Elder Abuse: Dispute between older sibling and two younger siblings involving allegations of elder abuse, mismanagement of family properties and caretaking of elder parents.

• Marvin Action: Plaintiff sought to enforce an oral agreement made with the Defendant, her ex-boyfriend, under which he gave her ownership rights over the house where they used to live together. After the relationship ended, Plaintiff sought to get reimbursed for half of the equity on the house and improvements she made to the property. Defendant cross-complained for conversion, property damages. Emotional issues dominated the negotiations. After twelve hours of fierce negotiation, the case settled.
• Business: highly emotional dispute between family members over the control of the family business.