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CONFIDENTIAL

Jun. 6, 1998

Real Property
Broker Negligence
Declaratory Relief

Confidential

Settlement –  $45,000

Mediator

Wanden P. Treanor Esq.

Court

Marin Superior


Attorneys

Plaintiff

Reilly Atkinson


Defendant

Edward L. Blum


Facts

In 1994, the plaintiff retained defendant realtor to represent him in the sale or lease of commercial property. The defendant subsequently became a disclosed dual agent for the plaintiff and cross-complainant who leased a portion of the property. The defendant drafted the commercial lease; however, a dispute arose concerning the parameters of the leased property. The plaintiff and the lessee filed declaratory relief actions and sued the defendant for negligence. The defendant cross-complained against the lessee for indemnity.

Damages

The plaintiff and cross-complainant lessee claimed a mobile phone lease valued at $48,000; $15,000 in attorney fees for plaintiff, and unknown attorney fees for cross-complainant.

Other Information

The settlement was reached approximately nine months after the case was filed. Several mediation sessions were held before attorney Wanden P. Treanor, resulting in the reported settlement.


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