MEDIATION AND ARBITRATION MATRIX It is the intention of this section to provide the reader with ...

162 Pages·2007·0.49 MB·English

MEDIATION AND ARBITRATION MATRIX

It is the intention of this section to provide the reader with an overview of the diversity of Mr. Polsky’s practice by listing
public record settlements and hearings as well as contact information of lawyers utilizing his services. Not all cases during the
time period have been listed.

DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
3/16/2004 Services Injuries from mold claim following Carl Stevens 287,500 and waive
International v unlawful detainer action. Water damage unlawful detainer
Hollman and mold became an issue at Peter Bisno Bisno & Samberg 626-585- recovery of 10,500 =
commencement of tenancy. Repairs 3015 298,000.
alleged to be inadequate, illnesses
developed and progressed and rent was
withheld.
3/16-2004 American Claims for unpaid balance and cross Brent Colvert Subs settled with Am
General v claims for construction delay and defect Thornall Armstrong and Delk. Reno. 775 General. Insurer for
Carson City in connection with municipal water 786-2882 Am General paid for
project. Contractor declared non- policy-holder release.
responsive and unreliable by Michael Hoy 775 786-8000 Mediator proposal
municipality. accepted by P and
rejected by City.
Trial resulted in
finding for Am
General in excess of
proposal.
3/25/2004 Chaddar v Wage and hour claim(s) of 5 employees Daren Lapinsky settled
C.A.R. Brown & Lapinsky
909-447-4557
4/15/2004 Dickey v Molestation of minor female by priest Dan Callahan Callahan Blaine 400,000
Believer’s from age 13 – 21
Church John McKay McKay Byrne 213 386 6900
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
Insurance coverage issues.
Gary Hall
Roseville, CA

Robert Brockman Daly & Heft

Steve Bangerter, Cooksey, Tollen
4/22/2004 Baird v Bad faith and personal injury involving a Ed Susolik 200,000 based on
Schwalbe non licensed contractor working on claim denial.
scaffold when injured. Owner knew he Warren (Chip) Dean 949 655 0360
was not licensed. License was required
so P was a statutory employee. D has no
comp. coverage and liability insurer
denied under liability exclusion.
4/26-30, 2004 Phillips v Medical Malpractice arbitration arising Daniel Powell Thon Beck and Vanni 626 Claimant award.
Kaiser from diagnosis and treatment of right 795 8333
elbow fracture. Delayed healing with
residual deformity. Brian Bernie, Lafollette
5/1/2004 Smith v JP Rental of water damaged apartment by 64 Karen Kahn David Poore 510-923-6280 750,000
Enterprises & yr old father and 20 yr old son. Breach of
Allstate warranty of habitability and fraud.
Insurance Plaintiff known to be a health care patient
who was immune compromised. Alleges
defective clean up by insurer.
5/21/2004 Byrd v Mobile Exposure to mold while teaching in Dean Zipster, Morrison Foerster 949-251- 85,000
Modular modular classroom. 7500

Roger Gordon
213-739-7000
6/22/2004 Parimore v 15 yr old presented with tibia-fibula Richard Lobi 818-905-1550 225,000 plus waive
County of fracture and 1” puncture from the Jim Rinos lien of 85,000
Riverside fracture. Closed reduction without 714-834-1500
treating the hole resulted in secondary
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
infection and bone erosion.
6/23/2004 Rancho Commercial Business Interruption Claim Timothy Hill 909 337 8787 Settled
Mirage Food for monetary damages for lost profits of William Medlen Green, DeBortnowsky &
Corp. v business secondary to site improvements Quintanilla 818 704 0195
Mirage resulting in loss of parking and signage.
Properties
7/2/2004 McClure Deter Real estate fraud and breach of k and Norman Katnick 714-547-0848 200,000
v Canyon Glen negligence after un-witnessed fall by
HOA tenant of apartment following claim of Richard Collins 949-417-5706
mold related injuries. Eviction was
pending.
7/13/2004 Martinez v Medical malpractice following 5 plastic Soheila Azizi 10213 Foothill Blvd Settled 29,999
Robinson, MD breast augmentation surgical procedures – Rancho Cucamonga CA 91730909 484
4 of which were corrective. 9992

Jim Rinos
7/13/2004 Sours v Product liability arising from burn and Gary Wolensky Snell & Wilmer 949 253 Settled 6,250
Procter & scar secondary to use of Therma-Care 2700 Christopher Russell
Gamble Air-Activated heat wrap.
7/14-15/2004 Zaic v John Five home mold contamination Renata Elwardana Settled 2.75 mm
Laing Homes construction and personal injury claim. Lorber Greenfield
13985 Stowe Drive
Doug Grinnell Poway CA 92064
858 527 0111 858 513 1020
Randall Brownwood 858 513 1002 fax
619 744 6811 [email protected]
Paul Casodoumecq Margaret Parker
949 722 4010 714 542 6300
Ken Kasdan Kyle Kring
949 851 9000 949 261 8800
John Delis Amy Duff
714 668 1400 714 705 7000
James Anton Peter Burfening
714 634 2522 619 233 1006
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
Ed Galloway Kevin Boerman
949 513 1020 714 703 2111
Steve Henning Lisa Martin
213 633 1400 714 634 2522
Charles Harris Larry Letofsky
714 850 1030 858 642 1372

8/1-5/2004 Alvarenga v Ischemic stroke following use of low N. Denise Taylor Bonne Bridges 213 480 Defense Award
Kaiser dose bcp in 30 yr old smoker. 1900
Michael Horrow 909 621 4935
4 day arb.
8/23/2004 Nelson v Del Scope of repair of new home. Water William Doyle Defense injection
Webb intrusion under slab. Phoenix repair, cosmetic
Ronald Hartmann repairs, plus 70,000.
8/25/2004 Client v Collection of unpaid attorney fees Dan Callahan Settlement with 2
Callahan and clients for 75% of
Blaine fees. Non
participating client to
1 day arb. be defaulted.
8/27/2004 Gerstl v. AAA Bad Faith denial of homeowner’s benefits Donna Kirby 5 cases – 4 settled
following ’94 earthquake Ford Walker one no show.
Settled – last case
Steve Zelig dismissed.
8/30/2004 Lerra v Sudden cardiac death of 29-year-old Bob Leck 310-899-2014 200,000
Twinlab while engaged in relation s with husband Sheila Omalley, Western World 201 847
of 8 months. User of Metabalife. 2865. Rex Littrell Ulmer & Berne 614-
229-0012
8/30/2004 Xxxxx v Ischemic stroke of 31 year old woman See above 330,000
Twinlab following use of ephedra based product.
9/01/2004 Perlmuter v Habitability claim involving exposure to Gary McDaniel Century National 818 760 25,000
Halbert mold aerosolized after linoleum tile 1980 x 2416. Michael Hollingsworth,
replacement in apartment complex. Claims adjusting group 213-943-943-
Plaintiff 31 yr. old single parent male. 4841. Steve Robinson, Rose Klein. Mike
King
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
9/01/2004 Benson/Waters Claim by homebuyer for alleged Sheila Schaeffer, Wood Smith Henning 30,000
v Richmond manipulation of closing date, punch list Berman
American items and breach of 1 year repair
Homes warranty.
9/8/2004 Minassian v Real estate fraud and concealment of David Driscoll 909-369-6695; Gregory 44,050 which was the
Hakak/Abode improperly compacted backfill at sewer Ramirez, McTague & Palay, Ventura, defendant’s cost of
Development line resulting in slump of the parking lot. 805-641-6607; Lawrence Walter, Graves repair, supported by a
& King 818-551-1112 bid.
9/9/2004 Gail Smith v Premises liability and worker’s comp. Gregory Heuser
KPRS KPRS performed construction activities Harris & Green 310-665-8656
at Tenant/FV Hospital and erected a
fence. Hospital striped and marked off a Todd Becker
walkway. Fence legs protruded into
walkway. Plaintiff fell and injured wrist.
Three surgical procedures. P employed
by hospital which asserted a lien.
9/13/2004 Alexander v Construction defect case involving 302 Fred Adelman, Verboon Milstein Peter $550,000 using
Archer homes. Assigned claims by plaintiffs mediator proposal
Roofing against roofer. Kyle Kring, Kring & Chung and Donna following multiple
Moore, Aneilski & Associates. mediations with
different mediators.
9/13/2004 Cardin v Medical malpractice. Ultrasound Jim Rinos, Rinos & Martin. IMPASSE
County of interpretation under-weighted the baby.
Riverside Vaginal delivery attempted. Baby was Dan Powell, Thon, Beck & Vanni 626- 475 v 350
macrosomiac and delivery was arrested. 795-8333
Shoulder dystocia complication occurred mediator proposal of
with damage to C 5 nerve root and 400 k tendered to D
avulsion to C6, 7,8 nerves from the spinal only. Got P there
cord. Issue of late resident handoff to without disclosing it
MD. was a med #.
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
9/14/2004 Armbrust v Wage and hour and wrongful termination. Jill Titelbaum Bragg & Kuluva 213-612- $85,000 with
Irwindale P a firefighter worked security at 5335 stipulated statement
Speedway defendant speedway. P alleges he was in re references.
constructively and actually discharged for Roger Hawkins, Hawkins, Prate & Daley
testifying in a criminal matter involving 213-622-5623
an assault that occurred at the speedway.
Respondent denies that any termination
occurred. As to the CCP 338 claim,
respondent contends fire safety crew
always paid flat rate for Saturday duties.
9/19/2004 Alvarez v. Suit for fraud and reformation of ground Barry Cappello and Leila Noel of I proposed lessee
Seacliff Land leases on 50 oceanfront lots in Ventura Cappello and Noel 805-564-2444. Bill buyout of the 50 lots.
LLC County. Leasor raised rents substantially Hensley and Dave Ossentjuk of Jackson, This permits tax free
but increases reduced in arbitration – DeMarco Peckenpaugh 949-851-7425. exchange to
leaving parties with arbitration every 4 commercial prop for
years at high cost, and an inability for LLC and reduced
LLC to recover an investment return as price for P’s.
lease terminates in 2030. Land purchased Settled 54. 8 mm
years ago by the parents of the LLC buyout
owners
9/27/2004 DiMarco v Wrongful termination and breach of William Bentley Morris Polich & Purdy Need authority and
Anza contract arising out of allegations that 714-939- 1100. repeat session
private mortgage banker was induced to
fold her business into D business in order Tom Pistone
to strip the business and take over the Pistone and Wolder
leads, loans and assets. Claim is for 949-622-8980
losses of $4mm in profits, fraud and
unpaid wages and hard costs.
9/27/2004 Hemm v ARF Wrongful termination and breach of William Bentley Morris Polich & Purdy Need authority and
contract in connection with CEO who 714-939- 1100. repeat session.
merged his company into defendant loan
brokerage and asserts signature of two Tom Pistone Settled 337,500
three year employment contracts, with Pistone and Wolder 11/24/2004
ownership interests, bonuses and salary. 949-622-8980
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
Dispute over existence of contract and
basis for termination. Stated economic
losses exceed 10 m
9/28-29/2004 Barron v Construction defect involving 5 single John Ohara Newmeyer & Dillion. Albert Settled 70,000
Presley family homes in Southern California. 18 Quintrell. Multiple subcontractors
Subcontractors and developer.
9/28/2004 Belterazza v Construction defect water intrusion claim Ross Feinberg Pending.
Standard involving 145 unit condo project. 45
Pacific clearly inside statute of limitations, 100 Mark Newcomb – Koeller, Nebeker. Global settlement
possibly statute barred. Cost of repair achieved. 1.150.
exceeds 5 mm. 35 subcontractors.
9/30/2004 General Breach of commercial lease 1 year after Stephen Ellis Mediator proposal of
Investments v 10 year extension negotiated and Rutan and Tucker 4.9 mm plus 50%
Tyco following new management at defendant 611 Anton Blvd. Suite 1400 rehabilitation costs
corporation. Value of remaining lease POB 1950 produced conditional
term exceeded 12 mm. Costa Mesa CA 92628 acceptance and
714 662 4607 settlement of 5.85
[email protected] mm.

Todd Whitman
Allen Matkins Leck
515 S Figueroa
LA CA 90071
310 788 2488
[email protected]

10/1/2004 Kenyon v Los Municipal rehabilitation of home in LAX John Pearlstein Primary settlement
Angeles noise area resulted in water leaks through $300,000. Recovery
windows, doors and skylights. COR action closed.
$550 k
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
10/13/2004 Arcadia v Claim under UCC section 2300 et seq Jeffrey Cohon Settlement for
KME relating to claims of defective fire Cohon & Pollak 310-231-4470 450,000. Joint sale
pumping engines. of fire trucks with
Callahan & Blaine Brian McCormack 300 k guaranteed plus
714-241-4444 lump sum of 150 k
10/14/2004 Cross Public Entity Liability claim in David Larson, Rutan & Tucker 714-641- Settlement 40,000
Resources v connection with multi year retention of 3439
Norwalk consulting firm utilized to apply for and
Unified School administer grants. Payment of a % of Mark Allen III Laquer, Urban, Clifford &
District funds received eventually construed as a Hodge 626-449-1882
violation of the grant provisions
restricting payment from the grant.
Thereafter, payment reduced based on
administration only. Cross asserted
breach and non payment of all amounts
due.
10/18/2004 Cheyanne @ NEVADA – 58 of 132 homes in Jeff Kerrane PENDING
Southfork v development. Chapter 40 neutral expert Craig Gunther
Developers of protocol to arrive at mediated settlement Griff Hayes
Nevada number.
10/18/2004 Corta Madera NEVADA – HOA claims. Settled Global achieved.
HOA v Corta developer for 1.1 mm and in process of
Madera settling subs.
10/21/2004 Martin v Buyers of single family home exposed to James Allie Allie & Schuster PENDING Adjuster
Reynolds fiberglass contaminants due to improper fta and had no
installation of HVAC by agents of sellers. Yvette Kincaide authority. Case
Husband had surgery to address sinusitis. continued. Settled
outside mediation.
10/25/2004 Alex v Inter- Insurance Bad Faith claim arising out of Michael Farrell Settlement 85,000
insurance adjustment of uninsured motorist claim. 949-443- 1900
Exchange Claim initially denied in error. After
protracted negotiation, arbitrator awarded Patrick Gibbs
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
4x settlement offer. Ford Walker
562-983-2500
10/26/2004 Arendt v ARIZONA – 20 single-family homes Scott Burdman Robert Barry 602-222- PENDING mediated
Hacienda asserting damages from soils movement 3023 scope of repair being
Builders and window leaks. P COR 120 k per prepared.
home. Developer COR averages 15 k per Heather Fazio
home with one home needing soils repair. William Doyle Settled 820 k plus
dev paid med fees.
10/27/2004 Bland v ARIZONA – 1 single-family home Ken Kasdan Steve Weber 602-224-7800 Settled. Builder
Standard owned by elderly couple with medical bought back and paid
Pacific problems. Footings on soils of different Don Myles fees.
compressibility. Has sustained differential
settlement and resultant extensive
cracking.
11/2/2004 Laina v Construction defect case involving 6 Sheila Schaefer. Wood Smith 213-633- PENDING
Richmond single family homes. Water intrusion 1400
Homes through the slab and window flashing.
Mold. Brian Kabateck 213 217-5000

25 subcontractors.
11/3/04 Hovsepian v Construction defect following earthquake Sef Krell 818-906-3662 Settled 116,500.
Briarcliff renovation of town home. Water
intrusion an mold wit mold bodily injury Sheila Schaefer Wood Smith
claims. 17 subcontractors 213 633 1400

11/4/04 Allianz Marine Maritime and maritime insurance bad Caroly Sheilds Bailey & Partners 310- Settled $425,000.
v Continuum faith in denial of claim following sinking 392-5000
of luxury yacht in port. Denial based on
policy warranty of sea worthiness. Vessel John Hughes
worth 600,000 salvaged for 125,000. Russell Brown
Gordon & Rees
DATE CASE ISSUES KEY PARTIES OUTCOME
NAME
11/5/04 Edwards v Real estate failure to disclose Larry Nokes Settled
11/8-10/04 Cho v Shea Construction defect case involving 90 Fred Adelman Pending
single family homes 43 of which on deep
fill with slab tilt. Stewart Reid
11/9-10/04 Discus v Twin Brain damage following ingestion of Rex Littrell 614 229 0012 Impasse 10.4 v 6.5
Lab ephedra containing exercise product
called Ripped Fuel. P a 28 year old Ian Mattoch 808 523 2451 Settled via tele. FU
mother of 2. P left with capacity of 8 year 7.5 mm.
old. No impulse control, short memory,
etc.
11/15/04 Belterazza v Construction defect involving 128 Joe Kaneda Settled.
Std. Pacific condos. Water intrusion through roofs
and windows. Mark Newcomb
11/16/04 Kramer v Elder-care claim. 89 yrs old wheel-chair Lisa Mitts Patrick 714 990-3693 Settled
Talbert bound patient not secured in transport van 300,000
Medical suffered cervical fracture and cardiac Russell Wagner: Beisty, Garrity &
death secondary to tip-back of Wagner 858 622 7166
wheelchair.
11/16/2004 Munoz v Clear Sexual harassment claim filed by 28 yr Marcus Mancini Pending
World old undocumented worker against 818 783 5757 30 k v 195 k
manager and employer. Involved words Caroline Molloy Callahan & Blaine 714
and physical conduct. 241 4444 Settled tele FU for
mediator proposal of
75 k