Recently Settled Cases
Tort Case
Plaintiff, a television and red carpet interviewer who had her hair highlighted and colored at an established beauty salon. After the color was applied, her scalp burned resulting in a permanent bald spot requiring emergency medical treatment, conditioning treatments, surgeries, scar revisions and hair extensions for life. All parties were sensitive to media publicity that could have had a negative impact on them. The case settled via a Mediator's Proposal for a confidential amount in the mid-six figures.
Professional Liability (Accounting and Legal Malpractice)
Plaintiff, an international apparel manufacturing company, retained a national accounting firm and law firm to formulate a tax plan for the benefit its United States, Asian and European companies. The goal was to prepare a tax plan that would assist their global tax liabilities for the various entities to reduce and avoid duplicate tax liability. After the Internal Revenue Service sought additional tax revenue, penalties and interest in excess of $500,000, Plaintiff and it’s subsidiary companies sued their attorneys and accountants contending that their poor draftsmanship of the agreements by eliminating certain language and failure to complete and execute the tax forms which caused the Internal Revenue Service to find the additional tax liability to Plaintiff.
Vehicle v. Pedestrian Traumatic Brain Injury /Insurance Coverage
Plaintiff, age 11, suffered a traumatic brain injury while attempting to cross in the dark at night at unlit unmarked intersection. There were no traffic controls for several miles up to the intersection and while crossing she was struck by a vehicle going the posted speed limit of 55 miles an hour. After receiving the policy limits from the driver, Plaintiff sued a City contending their approved plans for the installation of street lights and traffic signals were never installed; developers contending they negligently removed four way stop signs and a pedestrian crosswalk previously installed, the engineers and architects on the project claiming new design plans did not include replacing missing street lights and did not meet design standards. Defendants, while not disputing Plaintiff’s significant injuries and need for a life care plan, vigorously challenged liability arguing Plaintiff darted into the intersection. After 44 hours of mediation, including 20 hours dedicated to eliminating insurance coverage issues, the case settled, exclusive of the engineers and architects, in excess of $10.5 million.
Attorney Fees, Breach of Contract, Breach of Fiduciary Duty, Fraud
Attorney represented Clients in a real estate litigation matter that resulted in a defeated trial verdict. Attorney sued Clients for outstanding fees and the attorneys fees collection action transformed into a cross-complaint for breach of fiduciary duty and fraud by clients and an unclear jury trial special verdict on the issues of the case elevated to the appellate court where it was determined Attorney prevailed in the collection action and Clients prevailed on the fraud claim. On remand, the trial court awarded clients attorney fees and costs in excess of $400,000. Concerned about reporting a fraud judgment to the State Bar, reputations and another pending appeal on the attorney fraud judgment and attorney, the parties settled.
Nuisance, Trespass, Breach of Easement Agreement
Charity constructed a new facility in a residential community. Charity and adjacent long time neighbor entered into a conditional construction easement agreement to build a common wall on boundary lines. Adjacent neighbor sued Charity for violation of conditional construction easement agreement, trespass, nuisance, alleging the wall encroached on passionate neighbor’s property. Terms of monetary settlement included a mutual easement to, confidentiality with a liquidated damages clause. A joint session after executing the settlement agreement with apologies successfully regained trust of a "good neighbor."
Sexual Assault and Battery, Negligent Supervision
Plaintiff, a single senior religious woman, alleged sexual assault by one of the defendant's building owner's employees who was sued along with the management company for negligent supervision. Insurance coverage issues overwhelmed the day along with liability contending a long-term consensual sexual relationship that shattered. Plaintiff's spiritual calling, assistance of counsel and the mediation process assisted her toward closure.
Wrongful Death
Four Plaintiffs, including parents of a decedent son and three others, alleging wrongful death, assault, battery, premises liability, sued a bar from an after hours knifing resulting in death and permanent injury. Issues of gang v. gang, a love triangle gone wrong. Defendants lessor and lessee engaged in their own duel over percentage of interest on liability and the parents lived in a colored world of denial that once delicately unraveled, gave all parties permission to settle. Treading lightly, late in the evening, the case settled for seven figures.
Personal Injury
A senior widow lost control of her vehicle colliding with 12 pedestrians resulting in serious injuries and surgeries. Insurance coverage was insufficient to cover all claims, the case settled at $1,250,000.00 after driver’s personal contribution.
Employment/Sexual Harassment
Sexual harassment alleged against male employer by minor male employee who was a friend of the family run company. A family run business motivated the sensitive issues to family and friends, early pre-discovery mediation resulted in a $250,000.00 settlement.
Legal Malpractice/Insurance Bad Faith
Underlying brain injury case arising from a golf cart accident resulted in an $11,000,000.00 dollar jury verdict after defendant’s insurance carrier rejected $100,000.00 policy limits demand. Insured/defendant sued his insurance carrier for bad faith and his defending attorneys for legal malpractice. Legal malpractice case settled for $2,500,000.00.
Medical Malpractice/ Insurance Coverage
Patient sued her treating physicians and admitting hospital for negligence and sexual assault. An emotionally volatile plaintiff and professional reputations at stake resulted in a six figure settlement.
Real Estate
Homeowners and their Association sued a fourth homeowner who constructed improvements encroaching on their respective properties. Causes of action included trespass and easement issues. Negotiated settlement terms included purchasing the parcel portions encroached.
Breach of Contract
Complex multi-party matter involved the purchase and sale of a surgical center between doctors and shareholders. Allegations included rescission, fraud, and abuse of process. Several mediation sessions over ten months resulted in settled case for six figures.
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Outstanding Attorney
Southern California
Super Lawyers 2011, 2010
Super Lawyer in ADR (Alternative Dispute Resolution)
Voted in "Best Lawyers of America 2012, 2011 & 2010". Alternative Dispute Resolution

Top Neutrals 2011, 2010,
2009, 2008, 2007
Fields MEDIATION
Janet Rubin Fields
Mediator
To schedule and settle your case: Call Judicate West at
310-442-2100

