Hon. Richard S. Flier (Ret.)

• Veteran with disabilities seeks ADA compensation for removing an elevator and not replacing it, and other substandard conditions at his housing complex. Property manager argues building is too old to be part of ADA, and Plaintiff isn't disabled enough.

• Complicated series of auto purchases, sales and consignment sales between a used car dealer and a private citizen. Their agreement is "oral" and when the auto dealer's cars are repossessed and the company goes out of business, the private citizen feels that he is still owed all of his money back plus any anticipated profit on the cars. The dealer has a different view of the agreement and feels that the private citizen did receive his investment back. There is a separate issue regarding cars left on consignment.
• Sellers of real estate could not resolve distribution dispute during the close of escrow. Ultimately, buyers, in a separate action, brought a law suit to consummate the sale. This dispute dealt with whether the proceeds from the sale were also going to pay off debts owed by the father of one of the sellers to the other seller. Part of the dispute also dealt with whether the distribution would be based upon percentage ownership or some verbal understanding between the sellers and the father.
• Homeowners defaulted on home loan when employed parent lost her job. Various unsuccessful attempts over the next four years were made to modify the loan. Homeowners are now able to make a significant payment to reduce the principle. Bank agreed to re-evaluate the modification.
• Plaintiff hires defendant to replace an engine for a school bus. Defendant put in an engine which ultimately fails. Defendants try to fix but the replacement engine fails and a total loss. Expert says the problem is faulty assembly. Plaintiff buys another engine. Defendant sues the engine block supplies for defective product. Experts exonerate the supplier.
• Disgruntled Property Manager encourages a competitor to solicit clients of the Property Manager and take them from the Property Manager's company. Four clients are involved - one goes with the competitor, one goes with an unrelated company, and two return to the Manager's company after signing with the competitor. Both parties four for interference with their contracts.

• Office manager embezzled money from a dentist's office. She keeps some of the money but deposits sustained money into the account of one of the employees/contract dentists. This dentist was unaware of the theft. Dental office seeks recovery of converted funds from the employee dentist. That dentist was aware that the embezzler had an earlier problem in his office but did not know about the prior misconduct in a former office.
• Plaintiff, a used equipment finder, contracted with the defendant to provide a used furnace used in high-tech production. The furnace was delivered, and it took several months for the defendant's engineers to make it operational due to damaged and missing parts. The defendant claimed that the shipping caused some problems, and some parts weren't included in the order. The plaintiff claimed lost profits and incidental expenses.
• Settled a case where business had a credit card with a line of credit. Business ends and lender tries to collect balance of amount owed from the president. Issue is whether the president was the Guarantor on both the credit card and the line of credit.

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• Veteran with disabilities seeks ADA compensation for removing an elevator and not replacing it, and other substandard conditions at his housing complex. Property manager argues building is too old to be part of ADA, and Plaintiff isn't disabled enough.

• Handled a case in which the defendant encouraged his friend to invest and find other investors in a building project in the Midwest. The project was completed, but it required more money, time, and cooperation than initially anticipated. They worked on another building project with cost overruns. Ultimately, both projects ended in foreclosure. Everyone pointed to one another for a scapegoat.
• Water well contractor has a 1,000 foot well destroyed during the time the cement pumper, the defendant, was pumping cement down the well to create a cement casing. The contractor believes the “explosion” was due to the pumper pumping the cement at too high a pressure. The pumper believes the cause was a blockage in the well itself.
• A property is purchased which is distressed. The new owner has the house demolished and a new house is constructed. The city does not require a soil report and none is obtained. After construction and occupancy, the owners experience mechanical issues (HVAC), floors not level, windows and doors sticking. The owner’s soil engineer says that part is due to inadequate foundation. The designer says he is not negligent. Builder says he followed the designer’s plans. It is not clear if only builder is to blame for bad workmanship.”
• Contractor is hired to expose turn off values and water line so plumber can turn off water and create a new water line. Contractor used a backhoe. Owner/operator of trailer park says they did not authorize the backhoe. Contractor felt it necessary because of muddy soil. The tenant of the trailer park sues owner/operator for the uninhabitable conditions. Owner/operator had to wait several months to complete water line and cover trenches and blames the contractor.”
• Owner is dissatisfied with remodel of his house. Owner claims architect did not provide sufficient oversight. Architect claims his conduct was within the standard of care.

• Claimant brought an alleged wrongful termination (age) against the Respondent. Before the arbitration hearing could be held, Claimant died. No representative of Claimant's estate wished to pursue the matter further. The case was dismissed for failure to prosecute. Claimant's former attorney brought various motions attempting to collect attorney fees and costs from the Respondents or their attorney for an out of state deposition. The attorney was doing this in his own right since he could no longer represent the Claimant without court approval. These motions were determined to be frivolous and the attorney was ordered to pay the Respondents attorney fees for requiring Respondents to respond to these inappropriate motions.

• During their marriage, the husband's mother provided thousands of dollars to the couple. Wife regularly asks "how much." At the time of the sale of their house, mother gives a spread sheet indicating $100,000 owed. At the time of the divorce, this amount has grown by $170,000, including a $100,000 loan used to purchase business property. Wife thought this was a gift and the other payments were gifts or undocumented. Husband, around time of divorce, signs several promissory notes to mother without consulting wife.
• Engaged couple splits up before their marriage. Monies are owed but some disputes regarding what living expenses shared and what was money lent to purchase business. Unsuccessful attempt is made to couch this as promises made in contemplation of marriage which are not enforceable.

• New home buyers are informed several months after they move in that their use of the property encroaches on certain common areas. A prior owner had built a fence several years ago which was outside the boundary lines of the property. HOA was willing to put a "lot line adjustment" up to an election by the other homeowners. If that passes, it will be necessary to get County approval because the property is open space for which the County has total discretion. None of the typical prescriptive solutions work for this property. An easement doesn't work because the fence prevented common usage of the property. Adverse possession doesn't apply because taxes for the common area was not uniquely paid by buyers. They are innocent of any wrongdoing. HOA gave the choice of seeking a lot line adjustment or removing the encroachment.
• A longtime homeowner raises issues regarding the laxity of the Home Owners' Association in enforcing the CC&Rs. She also criticizes their business practices and identifies various life safety issues at the multi-unit complex. Also, one of the owners became a self-appointed gardener and is making landscaping changes without board approval.
• Homeowner widens two driveways and closes off a patio structure to make an interim storage room. All of these actions were taken without HOA notice or approval. The settlement involved removing one driveway, adding softscape and a tree, and returning patio structure to its open condition.

• Client going through "winding down - ABC" process seeks "tail" insurance coverage for officers and directors against creditors’ claims of the corporation. The Insurance Broker provides coverage which costs several hundred thousand dollars with a "creditor's claim exclusion." Insurer refuses to provide cost of defense when creditors' claims are brought against Corporate Officers. Officer pays over $700,000 in attorney fees and costs to defend himself in litigation. He seeks reimbursement from broker for failing to evaluate ABC situation correctly and being more candid with the limitations of the coverage purchased.
• Client goes through "winding down -ABC" process, seeks "tail" coverage for officers and directors against creditors of the corporation. Broker provides coverage which costs several hundred thousand dollars with a "creditor's claim exclusion". Insurer refuses to provide even cost of defuse. Officer pays over $700,000 in annually fees + costs to defend himself in litigation. He seeks reimbursement from broker for failing to evaluate ABC situation correctly.
• Handled a case in which an insurance company assigned an unpaid premium collection to a collection agency. The insured entered into a payment plan and made payments over multiple years. When the insured stopped paying because the premium had been completely paid off, the agency claimed that the "interest" was due for the entire period.

• Defendant, an out-of-state contractor, rented commercial space for 5 years to set up his business. A power outage occurred due to over use of power at the site. Defendant wasn't physically present, but he had a local person to watch over the site. There were delays and lack of communication between landlord and tenant. Ultimately, the landlord regained possession of the property, fixed the power problem, re-let the property to another tenant and now seeks the difference between the rent received and the rent due for the period Defendant was in possession. Landlord also seeks repair costs because landlord felt the power problem was due to Defendant's, or his agent's, misuse of the property.
• Veteran with disabilities seeks ADA compensation for removing an elevator and not replacing it, and other substandard conditions at his housing complex. Property manager argues building is too old to be part of ADA, and Plaintiff isn't disabled enough.
• Settled a case where the plaintiff complained about an upstairs tenant water leak. Defendant landlord did repair after plaintiff got the city involved. Delay in repair caused mold but defendant denies this.
• Landlord keeps portion of the cleaning deposit when tenant moves out. Much of the damage was wear and tear and little could be charged to the tenant. The tenant said the landlord did not return the deposit within 21 days of notified departure from the property, Landlord claimed tenant did not give proper notice.

• Attorney hired in Landlord Tenant case - Attorney does realize tenants have changed and fails to giving timely action for lease rent. One tenant goes bankrupt. The other tenant beats landlord on statute of limitation.
• During a construction project, partner lends $700,000 to complete the project but requires others to guarantee the loan. Attorney drafts the guarantee form, but it fails to contain the fractional obligations of each guarantor and fails to waive statute of limitations. Court ultimately grant a demurrer which cause lender to lose ability to fully collect from guarantors.
• Settled a low six figure matter where a son-in-law left his father-in-law’s company after working there for twenty years due to the father-in-law not upholding proper care for certain projects and did not want to fix the damages. In addition, the father-in-law gifted his daughter and son-in-law the money for a down payment on their home but the father-in-law mentioned it was a loan.
• During a construction project, Partner lends $780,000 to complete the project, but he requires others to guarantee the loan. Attorney drafts the Guarantee form, but it fails to contain the fractional obligations of each Guarantor and fails to waive Statute of Limitations. Court ultimately grants a demurrer which causes lender to lose ability to fully collect from Guarantors.

• Settled a case where the plaintiff and defendant were friends hanging out when a loaded rifle was retrieved and pointed at the plaintiff by the defendant. The gun fired and a bullet went through the plaintiff's thigh.
• Settled an auto incident where a pedestrian was hit while walking in the cross walk by a car moving at a low speed. Injuries obtained where ruptured Achilles and torn meniscus in the knee.
• Elderly client experiences soreness and pain following her first visit to a massage parlor. Ultimately, she must undergo surgery to deal with fractured vertebra. She had a significant prior back sedation. There was also a waiver signed before the massage.

• Trustor originally set up dispositive documents leaving his assets to his children equally. Approximately a year before his death, he sets up a trust leaving his house, the primary asset of his estate, to his grandson. Objector is one of his children who alleges undue influence and that the new trust documents are forgeries. She has a document examiner who feels the signature on the trust is a possible forgery. The successor trustee, the grandson, points out there is no evidence of undue influence, the objector left the settlor at a dialysis treatment and drove home without alerting other family members, and the new dispositive documents were witnessed by an attorney a private witness and some of the documents were notarized. The grandson also assisted his grandfather with money a few years before his death and made sure his needs were met by his own attendance on the settlor and arranging others to provide assistance.
• Original probate of the estate omitted an additional property (a four-plex) purchased during marriage using Community Property funds. The deed to this property described the owner as the husband as his “separate property.” The sons from a prior marriage discover the omission and bring action to get their share of this property. Decedent died intestate so distribution would be one third to wife, two-thirds to his children if their claim is valid. Wife claims that property was purchased with Community Property funds and the deed was a mistake. She and her husband, decedent, failed to correct it before his death two years later. The entire property would go to her if it were Community Property.
• Decedent of multi-million-dollar estate attached a Notary Seal from a previous will. The will is unenforceable and perhaps forged. Likely heirs include his third wife and sons from first and second marriages. Decedent tried to disinherit one son.
• Financial Elder Abuse and Undue Influence dispute in which daughter, who is on SSI and Medical, inherits 207K from mother. There is a concern that if she receives this, her SSI and Medical will be cut off. She signs a waiver of the $207K and her sister gets the money. When her sister refuses to give her the use of any money, she threatens to sue the sister. The daughter dies and their brothers sue their sister and the lawyer who prepared the waiver and was a trustee of the mothers’ trust for Financial Elder Abuse.
• Settled a case in which a contingent beneficiary of a trust challenged whether a co-trustee could gift several hundreds of thousands of trust assets to the co-trustee and his family. The co-trustee and settlor were declared to be incompetent; although the trust's attorney felt she had moments of lucidity when she approved the gifts after the fact. The purpose of the trust was to provide support for the co-trustee/settlor for her entire life.

• The original trustee (father) used resources of the residual trust without restoring them. He also undervalued his business which is part of the trust. When he died, his sons brought an action against the successor trustee, their step-mother, to make adjustments.
• One beneficiary brought an action in probate to remove her sister as trustee. This sister had brought an action on behalf of the trust to rescind a loan transaction with the bank dealing with trust property. Because fraud was alleged in the answer against the trustee, the court found a conflict of interest and appointed a temporary trustee. The lending bank, loan broker, and temporary trustee were involved in the mediation with the beneficiaries and the trustee. All of the siblings opposed their sister who brought the original action to remove the trustee.
• Beneficiaries disputed the trustee's action of reducing his personal note to the trust when the settler's taxes were paid.
• Sons accused their sister of misleading their mother (trustee) in the performance of her trust duties. She was also accused of misappropriating money from the trust for her own use. The trust interest of these children only arises after the mother dies.
• Father set up an estate plan where his children are tenants in common with him on the family house. He forced them to sign over their interest to others depending upon who is out of favor with him at any given time. When he died, many issues arose dealing with the effect of a son's bankruptcy on the title to the land as well as contribution to the estate for taxes/expenses paid by the executor on behalf of the estate.
• A case involving an allegation that a temporary conservator was overcharging for services and making poor administration decisions.
• Family of decedent contested the will of the decedent which gave all of her assets to her boyfriend/fiancé. They claimed that he was guilty of undue influence and other equitable grounds.
• Successor trustee (daughter) is accused of misfeasance in receiving $260,000 from trust assets and in helping the settler make an ill-advised 1031 property exchange.
• Son purchased family home from parents and gave a note. The father outlived his estate plan and the daughter tried to force the son to fund father's retirement using the pre-payment of the note.
• Siblings disputed the management of their mother's living trust, especially as it deals with a motel which is run by the trustee (another sibling). They also contested the various fees charged upon their mother's death.
• Beneficiaries accused the trustee/executor of stealing inherited items and mismanaging the real property holdings of the trust/estate.
• Trustee found trust documents which reflect two attempts to change the ultimate distributions. When the settler died, the objector only wanted part of the changes to be made effective.
• A case in which other beneficiaries wanted all of the changes to be made effective. Only some of the changes were legally appropriate.

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• HOA learned that penthouse condo owners were using more roof space as patio deck than authorized. When the roof was replaced, the extra space required additional structural support. Penthouse owners initially refused to contribute which lead to this dispute. There was also a previous settlement agreement which clouded responsibility.
• New condo owners had a list of cabinetry and finish issues with their property. After a few weeks, further issues developed regarding marble staining, chalking, sealing and groat. Some of these issues were resolved; however, issues regarding the marble finishes in the bathrooms persisted, which the owners blamed on the developer. The developer felt it had complied with the contract and the dispute resolution process.
• Buyers of a residential home alleged sellers failed to disclose material defects in the home prior to sale. Sellers, the trustees of their parents' trust who had not lived in the home for years, claimed that they disclosed everything they knew. The case was arbitrated pursuant to the purchase and sale agreement. Ultimately, the Buyers failed to show the Sellers knew anything more, and the Sellers showed that the Buyers waived further inspections. The Sellers were awarded attorneys' fees and costs.
• The parties worked together to locate, buy and sell residential real estate. This dispute dealt with their final three properties. While one of the parties was out of the area, two of the properties were sold. The other party kept the sale generated funds in a separate bank account. The third property wasn't sold. The other party used it for his own residence. The partner returned and wanted not only the money he used to purchase the third property, but also one half of the increase of equity when compared with the purchase price versus the actual value of the property.
• Seller fails to disclose her house has been in protracted litigation with her brother who has been declared a "veracious litigant." Title company reports clear title; however, shortly before closing, the brother files and records a Lis Pendens. When the buyers seek financing, lenders refuse due to the cloud on title. Title company agrees to insure around the cloud. The financing is given, but buyers suffer IRS consequences because they are unable to restore their retirement account in time to avoid penalties. The seller brings an action and successfully clears title. Buyer sues in fraud as well as contract breach.

• Adonis landowner had a non-exclusive easement for 12 parking spots on neighbor's parking lot. The basement was never enforced for over 30 years. Upon attempts to enforce by Dilatory Relief action, the neighbors argue for various reasons the easement is unenforceable.
• A couple and their friend purchased a property to fix it up and resell it. The owners never wrote down their agreement. A few years later, the couple and their newly married friend disagree regarding the long-term plans for the property.
• Appointed Referee to execute a Partition and sale in dispute in which joint owners of a four-plex, who were once intimates, find they can no longer handle the business of joint ownership once they marry or have a relationship with other people. After unsuccessful attempts to amicably resolve their issues, a partition action is brought by one owner to force the sale. A Referee is appointed for this purpose. The other owner files a cross-complaint alleging various tort causes of action. During the process of moving out, one owner is accused of assaulting the other and criminal charges are filed. The Referee supervised the sale and then assisted the parties in resolving the accounting and civil liability matters. The criminal matter was resolved separately.
• Joint property owners' disagreement over what expenses and revenues should be considered on the sale of properties owned for over 40 years. Manager felt that was not to be considered, other owner felt expenses were not documented.
• Sibling dispute that parents sold apartment buildings over 23 years ago to their brother. Confusing collection of deeds but the brother that has been paying taxes, collecting rent, and acting like an owner. At a minimum issue is whether the legal title is shown by deeds. "Tenancy in Common" to parent and son is rebutted by evidence that the apartment building is solely owned by the brother.
• Joint property owners' disagreement over what expenses and revenues should be considered on the sale of properties owned for over 40 years. Manager felt that was not to be considered, other owner felt expenses were not documented.
• The dividing line between adjoining properties was protected by an old retaining wall. The lower property received mud and silt from the uphill property. The uphill property complained of loss of lateral support. The retaining wall was mistakenly built on both properties and both owners used a small portion of the other's property. Both properties are insured by the same company. The retaining wall needs to be rebuilt.
• Settled a case in which a real estate investor sought contract damages when a seller claimed that she didn't know she was selling her house when she signed the sale papers. The seller claimed that she doesn't read English. The buyer claims he spent several hours with the seller to make sure she understood the transaction.
• Disgruntled Property Manager encourages a competitor to solicit clients of the Property Manager and take them from the Property Manager's company. Four clients are involved - one goes with the competitor, one goes with an unrelated company, and two return to the Manager's company after signing with the competitor. Both parties four for interference with their contracts.
• Adjoining land owner had a non-exclusive easement for 12 parking spaces on Neighbor’s parking lot. The easement was never enforced for over 30 years. Upon attempts to enforce by Declaratory Relief action, the neighbor argues for various reasons the easement is unenforceable
• Joint property owners’ disagreement over what expenses and revenues should be considered on the sale of property owned for over 40 years. Manager felt rent was not to be considered. Other owner felt expenses were not documented.

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