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Discovery is a set of procedures used to gather evidence and information in a court case. They are usually done outside the courtroom, before trial.
Last time we went over various options in dealing with the “underwater” home mortgage. Unfortunately, most people with a home mortgage are “underwater” on their homes these days.
Some call it the “Mortgage Meltdown” or the “Great Recession”. In either case, millions of people with a home mortgage are impacted. The so-called “underwater” phenomenon. Meaning the home is worth less than what’s owed on the mortgage.
Personal Injury Law
A primary emphasis in Mr. Trapani's law practice is Personal Injury Law, i.e., auto accidents, slip and fall and/or trip and fall injuries, dog bites or attacks, auto vs. motorcycle, auto vs. pedestrian, product liability and all phases of injury cases [excluding worker's compensation]. However, even if you are injured at work, you could still benefit from a free consultation with Mr. Trapani since often times there are third parties responsible for your injuries, such as a product manufacturer or other third parties which are not subject to worker's compensation laws.
Trapani Law Firm has handled a number of disputes between neighbors and between homeowners and their HOA's.
This includes issues over roads, fences, roofs, basketball hoops, house paint colors, etc.
Some of the more noteworthy cases involved:
1. A nuisance action brought by a homeowner against his next door neighbor for alleged damages and diminution in value of his home due to the neighbor's (HOA approved) installation of a sport court and lighted basketball hoop. This case generated local news coverage. The plaintiff claimed $500k lost value for interference with his view corridor to the first tee box and clubhouse in the exclusive gated Serrano community in El Dorado Hills, Ca. We won the 3 day trial which permitted my client to retain his sport court and he recovered his legal fees from the complaining party. Kehoe v. Passi, Serrano El Dorado.
2. An action against the local government brought by a family who was being harassed over the choice of their house paint color (yellow). This case generated local and national news coverage. We defeated the local government (yes, you can "beat City hall") and the family was allowed to keep their home its cheerful yellow shade. My client's recovered their legal fees. Bula v. El Dorado Hills Community Services District.
3. We brought an action for an elderly couple and a husband who was suffering with a lung condition against the (unemployed) neighbors who were chain smoking throughout the day and night causing smoke to waft into the client's home, master bedroom and HVAC system. This case was resolved via settlement. Ganguet v. Solone
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Mediation was covered in the last article. But, what about that other procedural step called: Arbitration? Arbitration may be either binding or non-binding. Binding arbitration, as the name implies, is indeed "binding" in the sense that it generally results in a final decision for a case.
Recently we've reviewed, in a general sense, various types of Alternative Dispute Resolution ("ADR") and how those processes work. But what about court?
Arbitration and mediation were covered in previous articles. But, for those with cases in El Dorado County (civil) Court, there is another form of Alternative Dispute Resolution ("ADR") called: Dispute Resolution Conference.
Now that the construction job is underway, you as the owner, hope things progress smoothly & on-time. Unfortunately, that's not always the case!Misunderstandings & disagreements are common.