Appellate Court Holds That Arbitration Provision in CC&R’s Do Not Bind Homeowners When Asserting Claims for Construction Defects Against the Developer
by Shannon B. Jones - July 22, 2010
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Court Upholds an Arbitration Panel’s Decision Even Though it “Shocked the Conscious” of the Court
by Shannon B. Jones - July 19, 2010
In Lagstein v. Certain Underwriters at Lloyd’s, London, the Ninth Circuit Court of Appeals upheld an arbitration award, including a significant punitive damages award. In Lagstein, plaintiff filed a claim for benefits under a disability policy issued by certain underwriters at Lloyd’s, London. more...

Court Holds that Oral Promise by a Lender Not to Foreclose Was Enforceable When the Borrowers Detrimentally Relied on It
by Kendra J. Pappas - May 3, 2010
In Garcia v. World Savings, FSB, a California appellate court recently found that borrowers who obtained a new, high-cost loan in reliance on their lender’s oral promise that their property would not be sold at a trustee’s sale sufficiently supported a claim for promissory estoppel. more...

Court Refuses to Uphold Arbitration Provision With Limiting Damages Provisions
by Shannon B. Jones - April 5, 2010
In Lhotka v. Geographic Expeditions, Inc., a California Appellate Court recently refused to impose an arbitration agreement where the clause restricted damages. In Lhotka, defendant Geographic Expeditions organized a mountain hiking expedition taken by plaintiffs. Lhotka died during the trip due to an altitude-related illness. more...

Appellate Court Declines to Require Arbitrator to Follow California Law Under CAR RPA
by Shannon B. Jones - March 22, 2010
In Gravallis v. Coldwell Banker Residential Brokerage Company, a California Appellate Court held that a court does not have discretion to review an arbitrator’s award under a California Association of Realtors’ (“CAR”) Residential Purchase Agreement (“RPA”). In Gravallis, plaintiff purchased a home using a CAR RPA and initialed the Arbitration provision. Before plaintiff moved into the home, he learned that the home had extensive structural damage that rendered it uninhabitable. Gravallis sued Coldwell Banker for failing to disclose the structural damage. The broker moved to compel arbitration. The motion was granted. The arbitrator found in plaintiff’s favor and awarded him damages of $347,671 and $47,076.35 in costs. Over the objections of Coldwell Banker, the trial court confirmed the award and entered judgment. more...

Appellate Court Holds That a Contractual Arbitration Award Should Be Vacated Where Material Evidence Substantially Prejudicing a Party Was Excluded
by Shannon B. Jones - November 30, 2009
In Burlage v. Superior Court, an Appellate Court affirmed a decision by a trial Court to set aside an arbitration award where the arbitrator excluded material evidence substantially prejudicing a party. more...

New Federal Law Affecting Tenants of Foreclosed Homes
by Shannon B. Jones - June 2, 2009
During the week of May 18, 2009, President Barack Obama signed into affect a law entitled the Helping Families Save Their Homes Act of 2009. more...

Denise R. Hannan Successfully Resolves Real Property Dispute
by Denise R. Hannan - April 2, 2009
Denise R. Hannan, a partner in Shannon B. Jones Law Group and Diablo Mediation Services, was asked by the Contra Costa Superior Court to attempt to resolve a commercial real estate dispute. more...

Court of Appeals Finds Arbitration Clause in Residential Builder’s Contract Unenforceable
by Denise R. Hannan - March 18, 2009
In Thompson v. Toll Dublin, LLC, the plaintiff, Peter Thompson, entered into a contract to purchase a new residence from Toll Dublin, LLC. more...

Fees Incurred by Party For Judicial Referee Are Not Recoverable As Costs When the Parties Agree to Share These Costs In Writing
by Denise R. Hannan - March 18, 2009
In CARR Business Enterprises, Inc. (“CARR”) v. City of Chowchilla, CARR entered into a contract with the City of Chowchilla (“the City”). more...

Court of Appeals Allows Evidence of Document Created at Mediation
by Denise R. Hannan - March 18, 2009
In Estate of Thottam, three children disputed the distribution of the estate of their deceased mother, Thresiamma Thottam. more...

Seminar Regarding Short Sales
by Shannon B. Jones - March 8, 2009
Shannon B. Jones Law Group will be holding a client-only free seminar regarding handling of short sales on March 17, 2009. more...

Shannon B. Jones Providing Risk Management Seminar For The Delta Association of Realtors
by Shannon B. Jones - February 13, 2009
On April 28, 2009, between 10:30 a.m. and 12:30 p.m., Shannon B. Jones will be providing a risk management seminar for the Delta Association of Realtors. more...

California Supreme Court Upholds Contractual Agreement to Binding Arbitration
by Denise R. Hannan - February 11, 2009
In Schatz v. Allen Matkins Leck Gamble & Mallory, LLP, the Supreme Court of California evaluated whether parties who arbitrate under the Mandatory Fee Arbitration Act (“MFAA”) are entitled to trial after the arbitration or are bound by a separate contractual agreement which provides for binding arbitration only. more...

Court of Appeal Clarifies Disclosure Obligations of Arbitrators
by Denise R. Hannan - February 7, 2009
In Agri-Systems, Inc. v. Foster Poultry Farms, the Court of Appeal addressed the extent of an arbitrator’s disclosure obligations. more...

Speaking Engagement Planned for June 19, 2009
by newsadmin - February 4, 2009
On June 19, 2009, from 11:30 a.m.-1:30 p.m., Shannon B. Jones will be speaking before the South Lake Tahoe Association of Realtors at Lake Tahoe Golf Course, South Lake Tahoe, CA 96150. more...

Speaking Engagement Planned for April 23, 2009
by Shannon B. Jones - February 2, 2009
On April 23, 2009, from 9 to 12 p.m., Shannon B. Jones will be speaking before the Lodi Association of Realtors regarding handling REOs and Short Sales. The seminar will be held at 777 S. Ham Lane, Suite B, Lodi, California. more...

Shannon B. Jones Was Selected As The “Member of the Month” by the Danville Chamber of Commerce
by Shannon B. Jones - January 27, 2009
Shannon B. Jones was selected as the “Member of the Month” by the Danville Chamber of Commerce. If anyone would like a copy of the article, please email us at sbj@sbj-law.com. more...

Risk Management Seminar Scheduled for February 4, 2009
by Shannon B. Jones - January 27, 2009
On February 4, 2009, from 9 a.m. to 12 p.m., Shannon B. Jones will be providing a Risk Management Seminar for the Contra Costa Association of Realtors at Shadelands Art Center, 111 No. Wiget Lane in Walnut Creek, California. more...

Speaking Engagement Planned for March 11, 2009
by Shannon B. Jones - January 27, 2009
On March 11, 2009, beginning at 11:30 a.m., Shannon B. Jones will be speaking before the Northern California Top Producer’s Networking Group at the Presidio Golf Course in San Francisco, located at 300 Finley Rd., San Francisco, CA 94129. more...

Supreme Court Upholds Mediation Privilege
by Denise R. Hannan - December 26, 2008
In Simmons v. Ghaderi, the California Supreme Court reaffirmed the strength of the mediation privilege. more...

Mediation Agreement Which is Not Signed By All Parties Deemed Inadmissible
by Denise R. Hannan - December 12, 2008
In Rael v. Davis, the California Court of Appeals evaluated whether a settlement agreement drafted at mediation was inadmissible if one party did not sign it. In this case, the plaintiff, Ms. Rael, was the second wife of the Mr. Rael. Mr. Rael had several children by a former marriage. Mr. Rael was placed in a conservatorship due to his poor health. The conservator, plaintiff and children participated in multiple mediation sessions to attempt to resolve possible disputes over the handling of Mr. Rael’s assets and estate. At one session, an agreement was drafted, which proposed handling of the estate. It was signed by everyone except for one child, and included an express, written waiver of the confidentiality normally afforded to mediations. The remaining child never signed the agreement, despite repeated requests. more...

Court of Appeals Allows Homeowners Association to Reduce the Percentage of Votes Needed to Impose Rental Restrictions Within the Association
by Denise R. Hannan - September 23, 2008
In Mission Shores Association v. Pheil, a Court of Appeals allowed Mission Shores Association (“HOA”) to reduce the percentage of votes needed to amend its Declaration of Covenants, Conditions and Restrictions (“CC&R’s”) to impose a restriction on rentals within the Association. more...

Court of Appeals Clarifies Trial Court's Power to Deny Arbitration of Claims Covered by an Arbitration Clause
by Denise R. Hannan - September 4, 2008
In RN Solutions, Inc. v. Catholic Healthcare West, a California Appellate Court clarified existing law regarding a trial court’s power to deny arbitration of claims covered by an arbitration clause. more...

Law Group Raises Food for the Contra Costa County Food Bank
by Shannon B. Jones - August 13, 2008
Shannon B. Jones Law Group participated in the Bar Association’s food drive for the Contra Costa County Food Bank in Spring 2008. more...

California Supreme Court Upholds an Arbitrator's Award Where He Applied Equitable Defenses to Excuse a Party From Performing a Material Condition of an Agreement
by Shannon B. Jones - July 21, 2008
In Gueyffier v. Ann Summers, Ltd., an arbitrator applied an equitable defense to excuse a party from performing under an agreement. The decision was upheld by the California Supreme Court. more...

Appellate Court Denies Attorney’s Fees To A Prevailing Plaintiff In A Real Estate Non-Disclosure Action Because The Plaintiff Failed to Mediate Before Litigating
by Shannon B. Jones - July 20, 2008
In Lange v. Schilling, a California Appellate Court denied a successful plaintiff attorney’s fees because the plaintiff failed to mediate before litigating. more...

Court Vacates Arbitrator’s Decision Due to Failure of Arbitrator to Disclose Facts Regarding His Background
by Denise R. Hannan - July 18, 2008
In Haworth v. Superior Court (Ossakow), the California Court of Appeals held arbitrators to a strict interpretation of disclosure obligations imposed by Code of Civil Procedure Section 1281.9(a)(1). more...

Denise R. Hannan is Approved as Member of Mediation Panel for Solano County Superior Court
by Denise R. Hannan - June 26, 2008
Ms. Hannan has been approved as a mediator with Solano County Superior Court. more...

Shannon B. Jones Law Group Obtains Arbitration Award in Favor of Real Estate Broker
by Shannon B. Jones - June 9, 2008
This arbitration arose out of a lawsuit brought by a tenant-in-common owner of a two-unit property to enforce an alleged first right of refusal to purchase the other unit and prevent a sale to another buyer. more...

Denise R. Hannan Approved by Contra Costa County Superior Court as an Alternative Dispute Resolution Panelist
by Denise R. Hannan - May 6, 2008
Denise R. Hannan, a partner in Shannon B. Jones Law Group, has been approved as a court mediator, arbitrator and trial settlement mentor for the Contra Costa County Superior Court. more...

New Alternative Dispute Resolution Program Contemplated by Alameda County Superior Court
by Denise R. Hannan - April 29, 2008
The Alameda County Superior Court recently announced that it is in the preliminary stages of creating an Alternative Dispute Resolution program to assist in relieving the Court’s heavy case load. more...

The Importance of Properly Drafting the Mediated Settlement Agreement
by Denise R. Hannan - April 21, 2008
Mediations are cloaked with the protection of confidentiality. The law expressly prohibits the later use of any information used, created, or disclosed for the purpose of mediation. Confidentiality is essential to encourage the free, unhindered exchange of information at mediation and the potential for resolution. In most instances the confidentiality of mediation is positive. However, it also poses a potential trap by shielding even the settlement agreement from later disclosure unless specific statutory language is included in the agreement. more...

Question and Answer
by Shannon B. Jones, Esq. - April 14, 2008
Question: My girlfriend and I purchased a home together. We did not sign an agreement setting forth our rights in the event that we wanted to sell the property. We have now broken up and cannot agree on how to proceed with regard to the property. What do we do? more...