Melissa Blair Aliotti, Esq.

Cannabis Breach Of Contract

• Mediated a dispute over performance under governmental affairs consulting agreement in the cannabis industry, in which parties to contract sought full compensation for improper termination of contract, countered by rescission for misrepresentation of capacities in the industry. Case resolved in its entirety by payment of an undisclosed sum.
• Mediated a failed sale of a cannabis business, in which the selling broker sought a commission as damages from the business owner/seller. Case resolved satisfactorily to all parties on terms including confidentiality and non-disparagement.

Cannabis Industry

• Mediated a dispute among cannabis industry business associates over real property, plants, and product, in three operations, in which this pre-litigation case involved allegations of fraud and conversion, among other standard business claims. After a full day, the case resolved for the payment of a certain sum over time, with property serving as collateral, and full dissolution, and necessary assignments and assumptions. All parties provided mutual releases with CC 1542 waivers.

Constr. Defect/Real Property

• Mediated a case in which a Plaintiff’s single family home vacation rental property was allegedly damaged when a construction company crushed a sewage line, resulting in backflow into the residence and damage to finishes and systems, necessitating mitigation, demolition, remediation, and ultimately reconstruction. Case settled in the middle 6-figures, including lost rent and rental opportunities, for which coverage was disputed.
• Mediated a case in which defective workmanship alleged in foundation-to-roof addition on a 100-year-old residence, required complete reconstruction of new work. In a full-day session, the parties were able to reach resolution despite multiple disputes regarding design vs. construction issues, engineering conflicts, and coverage exclusions.

Construction Breach Of Contract

• Served as the third Special Master to settle a residential construction defect litigation action involving 30+ plaintiffs and 25+ contractor entities. The causes of action at issue were products liability, breach of contract, professional negligence and insurance coverage.
• Mediated a case involving public works construction project with changed scopes, delays, stop notices, liquidated damages, attorneys fees, and 998 offers. Litigation between general and subs settled for confidential amount during half-day mediation session.
• Mediated a case in which after a general contractor submitted a commercial project bid in reliance on the lowest trade bid, the trade contractor determined the bid it had submitted was too low, and backed out of the project. After the general incurred additional expense to complete the project with a different trade contractor, it pursued the original trade contractor for the difference between its bid and the price paid for the work performed by the substitute trade contractor. The trade contractor argued the original bid was so low that it was unreasonable to rely upon it, and that the contracting terms as presented were different than those upon which the bid was made, relying on the Flintco decision. The parties were able to reach a compromise settlement, saving tens of thousands in anticipated legal fees.
• Mediated a case involving an unfinished large multifamily residential remodel, and contractor and owner had competing claims for moneys owed due to non-payment, delay of project, prompt payment violations, and attorneys fees. The case resolved in a full day of mediation.
• Mediated a case involving an action to foreclose on mechanic's lien, the building owner cross-complained for defects in construction leading to water intrusion. In a global settlement following a partial-day mediation, the contractor's insurer paid for damages to the building, and the building owner paid the contractor for release of the mechanic's lien.
• Mediated a case involving a large exterior deck over living space, in which the homeowner contended there were substantial deficiencies in workmanship, excusing payment. A full day mediation resulted in final settlement documents providing for partial payment after specific homeowner setoffs, a product and workmanship warranty carveout from a 1542 waiver, and release of mechanics' lien.
• Mediated a case involving a residential construction project terminated during Covid lockdowns with allegations of pre-pandemic delays, failure to cure, subsequent contractor completion, failure to mitigate, defective workmanship, and liquidated damages.
• Mediated a dispute over unpaid bills mid-project, in which a design professional sought to foreclose on mechanics' lien. The designer and the commercial building owner reached a comprehensive agreement involving fees along with multiple terms inuring to the benefit of both parties not otherwise available within the confines of the foreclosure action.
• Mediated a contract dispute over public works project involving non-payment, liquidated damages, defective product, negligent storage, and delay
• Mediated a case that involved a residential contractor with a mechanics lien foreclosure action and arbitration with homeowner involving issues of construction delay damages, defects, abandonment, improper termination, case settled with mutual 1542 waiver with carveouts.
• Mediated a case in which a trade contractor pursues several theories of recovery for homeowner and general contractors non-payment on a custom residential remodel; homeowner cross-complains for B&P code violations, statutory HIC violations, abuse of lien process and fraud. Case resolved by payment of a portion of claims and mutual releases.

Construction Defects

• Served as Discovery Referee in a commercial construction defect case involving a Native American tribe and the contractors involved in the construction of their casino establishment. Disputes involved the intersection and application of tribal, state, and federal laws.
• Mediated a case in which a public entity sued the suppliers and installers of an underground utilities system, due to alleged failure. Various elements of the infrastructure were adversely affected. The case ultimately settled in the 7-figure range, requiring the resolution of claims involving SIRs, surety bonds, coverage, and excess insurance.
• Mediated a case in which multiple contractors were alleged to have caused the complete destruction of plaintiffs' home and personal property due to water intrusion and mold, as well as mold bodily injury and prolonged displacement. Cross-complaints for equitable indemnity and contractual indemnity, issues of coverage and AI, and unpaid contractor claims complicated the negotiation. After a full day of mediation, the case was resolved in its entirety on confidential terms.
• Mediated a case in which a condominium project hired a roofer to do a complete tear-off and replacement of a persistently leaking roof. There was a rainstorm mid-project, and the roofer's protection failed to hold. Several units and common areas were damaged. The roofer sought payment for the ultimately-completed project, the HOA countered to recover for the damages and for poor workmanship, and a unit owner, having been displaced from her home for nearly four years, sued both the HOA and the roofer for the repair of her unit and damages. The case settled after a full day and multiple follow-up communications.
• Mediated a case in which a underground utility installer claimed product defects against manufacturer and supplier of components. Resolved with preservation of business relationship.
• Mediated a case in which the HOA claims repair contractor made conditions worse than they were when the project began; contractor and trades worked together to provide sufficient funding to make HOA whole and pay for their project to be done properly.
• Mediated a construction defect and products case involving general and trade contractors, manufacturer, and supplier in new construction of high-end custom home. Resolved with full participation in early mediation before pleadings were settled and without formal discovery.
• Mediated a case involving a close out on comprehensive rehabilitation of commercial building. Disputes arose regarding AFP, mechanics' liens, retention, construction deficiences, warranty work, third party damage, and subrogation claim prevented closeout of project, with specter of LDs for delay approaching seven figures. Matter resolved in early pleading stages, providing substantial savings to all involved, and closing out project.
• Mediated a case in which solar panel installation results in damage leading to condemnation of claimant's home.

Environmental Issues

• Mediated a landslide case, in which a red-tagged homeowner claimed dangerous condition of public property and nuisance against county and district. Resolved after full day session.

Government Liability

• Mediated a case involving the back up of city sewer lines into a residential property, resulting in significant direct and consequential damages.

Regulatory

• Mediated a case in which an elderly mountain resident sustained property damage and prolonged displacement, following a sewer mainline backup. Public entity paid for repairs and remediation in pre-litigation process pre-Oroville decision. In ensuing litigation, the homeowner alleged additional expenses associated with cleaning, remediation, repair, and replacement, as well as personal injury from bacterial contamination and resulting anxiety with physical manifestation. The public entity raised recoupment via cross-claim post-Oroville. Through a full day mediation, the parties resolved their dispute for an additional approximate 10% of total loss previously paid in exchange for mutual comprehensive releases, before incurring the significant expense associated with percipient and expert discovery and an expedited trial.

Coverage

• Mediated a subrogation action involving water loss in a commercial establishment, with a dispute regarding respondeat superior, employee versus independent contractor status for the negligent actor.

Property Damage

• Mediated a case in which a homeowner sued a developer for property damage and bodily injury arising from mold contamination attributed to water intrusion from multiple sources. Resolved on confidential terms among all parties including trade contractors and materials suppliers.

Subrogation

• Mediated a case in which the general contractor's CGL carrier which paid for water damage to newly-constructed custom home sought reimbursement in subrogation from contractor alleged to have improperly installed deck waterproofing. Decking contractor's CGL carriers paid approximately one-third full value in full settlement, in exchange for release with 1542 waiver.
• Mediated a clear liability, industrial, motor vehicle accident case, in which the injured worker plaintiff claimed extensive injuries resulting in years of lost wages and medical care, all of which were paid, albeit at a reduced rate, through the workers' compensation proceeding. Significant issues of medical causation (due to transfer of force analysis) and apportionment to (disputed) pre-existing conditions potentially limited recovery to both the injured worker and the intervenor. Case resolved as to all parties, including a third-party Compromise and Release.
• Mediated a case involving losses sustained by an agricultural operation that were covered by the operation's insurer in extreme weather. In subrogation, the insurer sought recovery from the manufacturer of failed equipment which resulted in the loss.
• Mediated a case involving subrogation by the first-party carrier against the contractor alleged to be responsible for a building collapse during a reroofing project. A mediator's proposal issued after a half-day session, resolved entirely pre-litigation for significant savings to all parties.

Breach Of Contract

• Mediated a case that involved a residential contractor with a mechanics lien foreclosure action and arbitration with homeowner involving issues of construction delay damages, defects, abandonment, improper termination, case settled with mutual 1542 waiver with carveouts.

Buy/Sell

• Mediated a residential non-disclosure case, in which the Buyer alleged that moisture under the house resulting in structural damage was known to Seller, but not disclosed. Seller contended Buyer was aware of moisture and other issues per the inspector's report but elected not to pursue the issues raised, and that in any event Seller did not know of any structural damage.
• Mediated a real estate non-disclosure pre-litigation case involving cannabis growing on neighboring property.
• Mediated a case in which first time buyers and first time sellers involved in a highly charged dispute over alleged non-disclosure at residential property reached compromise cash resolution and a commitment to renew their friendship.

Home Owners Association

• Mediated a case in which the homeowner sought compensation for flooding after community-owned drainage system failed to divert rainwater adequately.
• Mediated a case in which the homeowner sued their HOA for damages associated with changes to governing documents. Following rulings on summary judgment, this case was resolved for a cash settlement and modifications to rules.

Landlord/Tenant

• Mediated a Landlord/Tenant dispute over failed remediation and reconstruction of unit resulting in confidential six-figure resolution involving contractors, property owners, and tenant.
• Mediated a Landlord/Tenant dispute over code violations and contractor access settled with payment on terms and tenant moveout.
• Mediated a case in which cause of water damage to condominium is disputed between HOA, landlord, and tenant, with significant repairs required. Settlement to everyone's satisfaction avoiding substantial litigation expenses

Property Damage

• Mediated a case with multiple homeowner and subrogation actions arising from fire which destroyed multiple condominiums and HOA property.
• Mediated a case of construction in a neighboring building that resulted in property damage. Plaintiff sued the neighbor and the involved contractors for repair of the damage and the lost revenues associated with that damage. Insurance, indemnity, and nuisance were all substantial factors in the case.

Real Property

• As trial attorney, tried to verdict a property line dispute in rural area involving residential building sited partially on neighbor’s agricultural parcel, with claims of adverse possession, quiet title, and trespass, and cross-claims involving drainage water and nuisance.
• Mediated a real estate nondisclosure matter, in whihch the buyers discovered conditions apparently caused by longstanding leaks, which they claimed the sellers hid. The buyers' minor child may have been affected by exposure to mold growth arising from the water intrusion. The sellers omitted arguably significant facts which might have led to the buyers' further investigation. Nevertheless, prior to close both buyers and sellers had obtained inspection reports which did not reveal problems related to the areas in dispute. The parties settled in a full-day mediation, cutting off a potentially protracted adversarial process which would have drawn in agents and brokers, and involved multiple witnesses. The settlement included the minor's claims and a 1542 waiver.
• Mediated a real estate non-disclosure case, in which a leak occurred after buyers moved in, whereupon sellers informed buyers they recalled a leak had occurred in the same location some 15 years prior. There had been no disclosure of that earlier leak on the SPQ or TDS. Buyer sought full compensation from sellers for the cost of repair. The parties reached a full settlement of all claims in pre-litigation mediation.
• Mediated a partition action involving family property, in which siblings disagreed over real and personal property division. In a full day of mediation, the dispute resolved to everyone's satisfaction, avoiding substantial expense and risk.
• Mediated a partition action among siblings regarding long-held family property that resolved in a full-day mediation.

Transaction

• A residential real estate non-disclosure case involving moisture-damaged flooring and causation. The case settled in a half-day.
• Mediated a dispute over proceeds of sale of residential property, in which the parties were able to come to agreement through facilitated discussion.

Warranty of Habitability

• As a trial attorney, tried to verdict a landlord tenant case involving bodily injury and personal property damage arising from improper wastewater line installation, resulting in filth and mold conditions. Case tried to defense verdict and pursued by opposition on appeal. CCP 998 offer employed successfully to offset attorneys’ fees award on habitability only.
• Litigated a landlord-tenant dispute over arsenic levels in well water. Case resolved on confidential basis to satisfaction of the parties.
• Mediated a habitability case in which a mother and infant son complained of rodent and pest infestation so severe that the infant sustained a rat bite to his face as well as multiple respiratory and gastrointestinal infections. Landlord contended there had been no notice of any problem pre-dating the bite. The case settled globally subject to minor's compromise.
• Mediated a case in which the plaintiff, a collegiate athlete, attributed a serious bout of pneumonia to moisture intrusion and mold. The new owners of the apartment building did not have actual notice of the conditions until after the plaintiff fell ill, at which time they immediately remediated the problem. A defense expert was prepared to testify there was no medical causation.

Wrongful Eviction

• Mediated a case involving eviction during pandemic, breach of warranty of habitability, rent differential, emotional distress damages

Assault and Battery

• As a trial attorney, tried to verdict a battery case with admitted minor injuries, but disputed head injury versus early-onset Alzheimer’s disease. CCP 998 offer was employed successfully.
• Mediated a dispute between friends involving dogs and pepper spray which resolved in an online session.

Catastrophic Injury

• Mediated a case involving a trucking intersection collision with underride and sideguard arguments, public entity involvement, visibility issues.
• Mediated a case involving a controlled rural intersection underride MVA with disputed liability for collision as well as products liability claims involving trailer equipment such as lights, reflectors, and underride protection. Parties included the driver, employer, product lessor, manufacturer, and designer, and adjacent property owners. Significant medical treatment liens were resolved along with the passenger and driver claims.

General Negligence

• Mediated a case in which an entire residential neighborhood of senior citizens sued a national retailer who was developing a lot for a new store. Plaintiffs alleged that the noise and vibrations from the construction activities caused damage to their homes. The defendant disputed causation. Case resolved with confidential terms to everyone’s satisfaction.

Personal Injury

• Mediated a case in which a part-time, temporary construction laborer fell at job site and was taken by ambulance to the hospital. He was deemed to be permanently disabled from his injuries. Liability and causation were disputed. Resolution of this case was dependent upon identification of and participation by the appropriate employer and insurer(s) for workers compensation as well as general liability. The dispute was further complicated by multiple cross-complaints arising from indemnity contracts. After two mediation sessions, the case settled, followed by WCAB approval.
• Mediated a case in which the plaintiff alleged injury to knees and back resulting from a slip and fall on a rainy day just inside the entry doors of a nationwide retail establishment. The retailer had placed wet floor signs at the location of the fall, but plaintiff 's experts would testify about how much more could have been done, both easily and inexpensively, to protect customers from the slippery tile conditions sure to exist in inclement weather. Following plaintiff's surgery and a failed mediation with another provider, case resulted in a confidential settlement to both parties' satisfaction.
• Mediated a trip and fall in a major retailer parking lot planter. Significant comparative fault reducing liability for significant injuries. The property owner, anchor tenant, and maintenance contractor participated in resolving the claimant's case.

PI Auto

• Mediated a bus driver injury case, complicated by multiple prior mental and physical conditions, and workers compensation. Mediation resulted in a settlement of all issues.
• Mediated a case in which a public servant who sustained occupational injury in a motor vehicle accident brought an action against the negligent driver. The workers' compensation lien (as asserted) exceeded the value of the third-party case. The cost of medical discovery necessary to reduce the lien would have likewise exceeded the value of the case. Through mediation, the lien claim could be significantly reduced due to attribution of expenses to injuries from other causes and reduction of other expenses. This created the opportunity for the third party case to resolve to everyone's satisfaction.
• Mediated a pre-litigation case involving disabled car abandoned on freeway, claimant's significant injuries from freeway-speed collision merited exploring settlement. Despite claimant's toxicology screen showing a high BAL, alcohol was not indicated as a factor in the Traffic Collision Report. Case resolved in full-day mediation.
• Mediated a UIM case with injuries occurring in the course of employment, in which the claimant sought full recovery without making claim for workers' compensation benefit. Respondent argued its policy language prevented recovery of those benefits which could have been obtained through workers' compensation. The case resolved in mediation.
• Mediated a UIM case in which the claimant with significant pre-existing conditions sought compensation for now-surgical complications three years post accident. Counsel threatened bad faith action for failure to make offer. With a half day and follow up, the case was fully resolved within policy limits.
• Mediated a case involving a three-car rearend accident at highway speed with significant injuries. Division among multiple claimants of at-fault driver's single limit policy. Workers' compensation interplay as to various claimants due to prior industrial injury and course and scope travel.

PI Sexual Assault

• Mediated an employment matter in which various violations were alleged against a public entity and private staffing agency arising from perceived actions of the public employee. After extensive investigation and discovery, and two months shy of trial, the action resolved in a single full-day session.

Premises Liability

• Mediated a case in which a restaurant customer trip-and-fall in inadequately protected construction zone resulted in injuries requiring surgery, mental health treatment, and significant recuperation period. Case resolved on confidential terms with contributions from the business as well as the contractors’ insurance carriers.
• Mediated a personal injury claim for mild traumatic brain injury, in which the plaintiff claimed reduction in recall and neurogenic bladder. Defendant admitted liability for incident, but disputed medical causation. The case resolved to the parties' mutual satisfaction.
• Mediated a trip and fall in a major retail store, resulting in significant injuries to eggshell plaintiff; liability disputed.
• Mediated a trip and fall on raised sidewalk involving tree roots. Dispute over responsibility for condition between municipality and adjacent landowner and comparative fault of plaintiff.
• Mediated a trip and fall with public agency defendant, treatment on lien, suggestion of future medical with history of preexisting injury and treatment.

Product Liability

• Mediated a case in which homeowners carrier subrogated to a mid six-figure water loss originating with water filtration system. Causation was disputed with competing theories of product liability (manufacturing and design), negligent installation, and failure to maintain. Case settled in mediation.