John M. Drath, Esq.

Mediator  •  Arbitrator

Real Property

REPRESENTATIVE CASES

• Plaintiff claimed various habitability issues, including water leaking into the bedrooms, which the landlord-defendant ignored.
  

• Plaintiff's girlfriend was the defendant's long term tenant in a rent controlled building. Plaintiff contended that he moved in with the plaintiff several years ago and that the landlord was aware of that. The girlfriend died and the defendant changed the locks on the apartment, denying the plaintiff access because he was not a tenant. Plaintiff contended that he was a tenant by definition under the rent control ordinance.
  

• 2.5 million-dollar claim for damage to computer equipment due to release of sprinkler system during remodeling of computer company facility.
  
  
• Downhill homeowner sued uphill homeowner for damage due to landslide.
  
  
• Lessee of high end home sued owner for damage to personal property destroyed when the home burned, allegedly due to defective maintenance by the owner.
  
  
• Subrogation claim for extensive water damage to home resulting from defective plumbing coupling. Plumber and coupling manufacturer sued.
  
  
• Subrogation claim for destruction of barn by fire allegedly caused by operator of equipment in vicinity of structure.
  
  
• Subrogation claim against a landscaper who damaged a gas line, allowing water into the line and destroying the HVAC unit in the home.
  
  
• Pre-litigation mediation of dispute among members of an LLC and a contractor regarding disputed profits, breach of contract.
  
  
• Landlord/tenant dispute involving automobile dealership, right to purchase, amounts owed on commercial lease.
  
  
• Breach of contract claim by security firm against commercial property owner. Dispute over amounts owed, alleged fraudulent billing practices.
  
  
• Breach of contract arising out of the sale of medical practice, question as to whether certain additional obligations were triggered.
  
  
• Action by investor against bank whose employees were operating an independent business brokering second mortgages. Claimed vicarious responsibility for fraudulent activity.
  
  
• Breach of contract involving an exclusive supply agreement by a paint manufacturer. Customer claimed he met the minimum required by the contract and had no further obligation, cross-complained based on supplier’s removal of stock and equipment.
  
  
• Action to quiet title and for injunctive relief by railroad against property owner claiming adverse possession/prescriptive easement of land occupied by nearly 90 years.
  
  
• Action for trade name infringement by one restaurant owner against another for misleading advertising.
  
  
• Action and cross-action between orthodontist operating multiple offices and a dental management company over interpretation of agreement. Each side claimed breach and resulting damage from the other.
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