Hon. Patricia Schnegg, Ret.

Constr. Defect/Real Property

• Mediated a property damage dispute arising from an uphill slope failure affecting a residential property.

Construction Defects

• Mediated a dispute involving alleged defective construction of a residential swimming pool.
• Mediated a dispute between a homeowner and contractor involving alleged defective remodeling work.
• Mediated a construction contract dispute between a homeowner and contractor involving allegations of negligent construction and mishandling of toxic materials.

Discrimination

• Mediated an employment dispute involving allegations of pregnancy discrimination.
• Mediated an employment dispute alleging disability discrimination and failure to engage in the interactive process.
• Mediated an employment dispute involving claims of verbal abuse by a supervisor leading to depression, anxiety, and a year-long medical leave. Plaintiff alleged failure to engage in the interactive process upon reinstatement. Case settled with plaintiff permitted to buy back two years of service credit.

Hostile Environment

• Mediated an employment dispute involving allegations of sexual harassment and retaliatory termination.
• Mediated an employment dispute involving allegations of sexual harassment of wait staff employees.
• Mediated a case involving allegations of sexual harassment, hostile work environment, and wrongful termination, including claims of lewd photos and sexual language in the workplace; successfully resolved.

Labor Code

• Mediated an employment dispute involving alleged failure to accommodate an employee injured on the job.

Sexual Harassment

• Mediated an employment dispute involving claims of sexual harassment and retaliation. Plaintiff alleged she was harassed by the company owner and terminated shortly after reporting it. Defendant cited financial reasons for the termination.

Wage and Hour

• Mediated a wage and hour dispute brought by the State of California against a religious institution.
• Mediated an employment dispute involving claims of denied meal and rest breaks and unlawful termination. Employer asserted that the employee used breaks for personal business related to an outside company he co-owned with his spouse.

Wrongful Termination

• Mediated an employment dispute involving a restaurant manager who alleged that his termination for violating the company’s sexual harassment policy was pretextual, and that the true reasons were age and disability discrimination, including failure to engage in the interactive process

Coverage

• Mediated an insurance coverage dispute arising from an automobile accident that caused significant personal injuries to a bystander.

Subrogation

• Mediated a subrogation claim involving production delay costs paid under an insurance policy after an electrical fire delayed commercial filming. Plaintiff sought reimbursement from the City, alleging negligence. The City contended the insured breached contract by failing to name it as an additional insured.

Dental

• Mediated a dental malpractice case involving a minor and allegations of unnecessary use of force during a dental procedure.
• Mediated a dental malpractice case involving allegations of elder abuse. Plaintiff, in her eighties, claimed she was persuaded to undergo unnecessary veneer work. Dentist contended the procedure was requested by the patient and common among older individuals concerned with appearance.

Medical

• Mediated a medical malpractice claim against a dermatologist for burns allegedly caused by peels and other procedures. The case was complicated by a prior romantic relationship between the parties that ended poorly.

Estates/Trusts

• Mediated a trust and estate dispute involving allegations of lack of testamentary capacity, fraud, duress, and undue influence.
• Mediated a trust and estate dispute between siblings involving allegations of elder abuse of their deceased mother and undue influence.

Legal

• Mediated a legal malpractice case arising from the purchase of real property.
• Mediated a legal malpractice case involving the handling of property distribution in a marital dissolution proceeding.
• Mediated a legal malpractice case involving the drafting of a trust that failed to reflect the decedent’s intent to leave the family home solely to her daughter. As a result, the daughter was required to sell the property and divide the proceeds equally with five siblings. Plaintiff claimed high six-figure damages. The attorney admitted malpractice but argued failure to mitigate and was uninsured. Case settled in mediation.

Buy/Sell

• Mediated a real estate fraud case involving allegations of forged deeds of trust.
• Mediated a real estate dispute involving allegations of fraud, misrepresentation, and defective workmanship in the sale of a flipped residential property. Seller also acted as the remodeling contractor.

Home Owners Association

• Mediated an HOA dispute between unit owners over noise transmission from an upstairs unit. The case involved interpretation of CC&R provisions regarding hardwood floor installation.
• Mediated an HOA dispute involving placement of security windows alleged to be in violation of the CC&Rs.
• Mediated a dispute brought by a homeowner against the HOA and individual directors seeking damages for water intrusion, repair costs, loss of use, and intentional infliction of emotional distress.
• Mediated and settled a dispute between a homeowner and HOA over water intrusion. The source of the damage was contested, with issues of apportionment between common areas and the unit. Claims included attorneys’ fees and punitive damages.
• Mediated a dispute between two homeowners over noise from engineered hardwood and tile flooring in an upstairs unit. The HOA was also named for approving nonconforming flooring. Testing showed the flooring-ceiling assembly did not meet CC&R standards. The dispute was resolved with the upstairs homeowner agreeing to install carpet over the hardwood.
• Mediated a dispute within a 2-unit HOA where a deadlock and lack of trust between owners prevented critical decisions. Successfully crafted an agreement that included hiring a professional management company, resulting in a doubling of HOA dues.

Landlord/Tenant

• Mediated a landlord-tenant dispute in which plaintiffs sought disgorgement of five years' rent after discovering the unit lacked a certificate of occupancy. Defendant’s refusal to return the security deposit led to the lawsuit.

Neighbor Dispute

• Mediated a neighbor dispute involving a property line boundary disagreement.
• Mediated a neighbor dispute involving allegations of trespass, unlawful surveillance, and destruction of mature trees.

Property Damage

• Mediated a condo water intrusion case involving multiple sources—some attributable to the HOA and others to the upstairs unit owner. The HOA was in receivership and lacked funds for common area repairs, complicating settlement. A resolution was ultimately achieved.

Real Property

• Mediated a commercial unlawful detainer action involving a dispute over the validity of an estoppel certificate.
• Mediated a real estate partnership dispute among family members involving the buyout of minority interests in a 50-unit apartment building. Key issues included valuation of capital accounts, fair market value of the property, and the potential impact of COVID-19 on property value.

Transaction

• Mediated a real estate dispute concerning the enforceability of a commercial property purchase agreement.
• Mediated a complex real estate dispute involving a foreclosure, short sale, and unlawful detainer action. Plaintiff alleged that a loan modification company conspired to fraudulently deprive him of real property.

Warranty of Habitability

• Mediated a habitability dispute involving allegations of mold, bed bugs, and vermin infestation.
• Mediated a habitability action brought by 37 plaintiffs against the landlord, alleging vermin infestation, bed bugs, and mold.
• Mediated a 50-plaintiff habitability case involving allegations of mold-related physical injuries, water intrusion, and vermin infestation. The property was enrolled in the Rent Escrow Account Program (REAP). Complexities arose from varied plaintiff dynamics and differing lengths of tenancy, adding to the challenges in resolution.
• Mediated a habitability case in which plaintiffs alleged that the landlord served a Three-Day Notice to Quit in retaliation for filing the lawsuit. Claims included habitability violations and retaliatory eviction.
• Mediated a habitability dispute arising from the lease of a luxury home, where a leak led to the discovery of mold. Plaintiffs vacated the property after one month and never returned, alleging inadequate remediation. The case involved conflicting expert opinions on habitability. Defendants asserted the home has been habitable for at least six months and sought back rent; plaintiffs claimed damages for lost wages, substitute housing, and emotional distress.
• Mediated a warranty of habitability case involving mold, bed bugs, and vermin, brought by 39 plaintiffs across 11 units. The property had two successive owners during the relevant period, both named as defendants. In addition to standard habitability claims, the case involved complex issues of apportionment between the owners, lease discrepancies, and insurance coverage disputes that posed significant challenges to settlement.
• Mediated a habitability case in which the plaintiff alleged physical injuries due to mold caused by water intrusion in a rented home. Claims centered on the landlord’s failure to make timely repairs, which allegedly exacerbated the condition.

Assault and Battery

• Mediated a case involving allegations of peer bullying of a high school student, including claims of assault and intentional infliction of emotional distress.
• Mediated a sexual assault case in which the defendant admitted to the conduct at issue. The central dispute focused on the issue of consent. A prior criminal trial resulted in a hung jury.

Catastrophic Injury

• Mediated ADA-based personal injury case alleging injuries to a disabled individual due to noncompliant property conditions.
• Mediated a personal injury action involving a pedestrian struck by a vehicle, resulting in severe injuries.
• Mediated a workplace injury case involving a worker severely injured while installing a header for a concert. The case named 10 defendants and included claims of negligence, products liability, employer negligence, and workers’ compensation issues. Comparative fault was alleged based on the worker’s drug use.

Defamation

• Mediated a case in which parents alleged their minor child was bullied at school and that the school district condoned and fostered an environment encouraging such conduct. Allegations included bullying via text messages and social exclusion by peers. The district asserted it investigated and found no merit to the claims. Parents filed suit in Federal Court, asserting violations of Title VI of the Civil Rights Act, the First Amendment, and other federal claims. The case settled while the defendants’ Motion to Dismiss was under submission.

Discrimination

• Mediated a federal lawsuit involving claims of familial status discrimination, violations of the Americans with Disabilities Act (ADA), and failure to maintain rental units in a habitable condition. A central issue was whether the property’s posted Rules and Regulations unlawfully discriminated against families with children.
• Mediated a housing discrimination case involving a disabled tenant in government-subsidized housing who alleged discrimination based on national origin and disability. The tenant claimed the landlord refused to accommodate his two service dogs—both Rottweilers over 75 pounds—due to their breed and size.

General Negligence

• Mediated a personal injury case brought by a minor plaintiff with special needs, alleging that the school district was negligent in failing to protect her during physical education activities, resulting in concussive syndrome and related medical issues after being struck by basketballs and footballs. The defense contended there was no documentation of the alleged incidents and attributed the plaintiff’s symptoms to a long history of physical and emotional abuse in her home and foster care placements. The case was further complicated by the plaintiff’s documented history of psychological trauma and issues with credibility, including confabulation.
• Mediated a burial-related case involving allegations that a mortuary mishandled the remains of a young child, resulting in severe emotional distress to the parents.

Personal Injury

• Mediated a personal injury action involving a minor who sustained significant burn injuries as a result of a boat explosion. Claims were based on negligence.

PI Auto

• Mediated personal injury case involving multiple vehicles and substantial bodily injuries.

PI Sexual Assault

• Mediated a case involving allegations of sexual assault by a customer against an employee.
• Mediated a case in which the plaintiff alleged that her psychiatrist engaged in inappropriate sexual conduct. The defendant denied all allegations, asserting that the plaintiff had a documented history of sexual fantasies. The case settled in mediation.
• Mediated a sexual battery case between two underage high school students. The plaintiff alleged she was intoxicated and sexually assaulted after being provided alcohol by the defendant. The defendant denied the allegations, asserting that the plaintiff initiated the encounter and had requested the alcohol. The matter was resolved through a settlement involving a counseling session and a letter of apology, with no admission of liability.
• Mediated a case involving allegations of prolonged sexual assault by a teacher against a special needs student. The student reported the incidents five years after they allegedly occurred. Criminal charges were not filed, as authorities declined to prosecute.
• Mediated a case involving allegations of sexual molestation of a teen by a coach affiliated with a major non-profit organization. While the individual was criminally prosecuted, the civil litigation focused on claims of negligent supervision and negligent retention by the organization.
• Mediated a case in which the plaintiff alleged sexual harassment and assault by her physician. The physician denied all allegations. The hospital was also implicated, as it had prior notice of similar complaints against the physician.
• Mediated a case in which a college student alleged years-long sexual assault by the Chair of the Drama Department at a major university. The university denied liability, arguing it had no actionable notice due to the anonymity of two prior complaints. A third-party investigation substantiated the allegations, leading to a settlement.
• Mediated a case involving a student’s claim that a teacher engaged in inappropriate physical conduct after reprimanding her for a dress code violation. The student alleged harassment and that the teacher invaded her personal space. School surveillance video did not support the student’s account, though the student contended that the footage had been edited.
• Mediated a virtual case involving a minor plaintiff who alleged that her 3rd-grade teacher engaged in inappropriate conduct, leading to ongoing psychological issues. The teacher was criminally charged, but the case resulted in a hung jury and dismissal of all charges. The school district settled the civil claim.
• Mediated a student–teacher sexual abuse case brought against both the teacher and the school district, involving allegations of abuse that occurred over 50 years ago. The case was filed under a 2020 statute that revived previously time-barred claims, allowing a three-year window for such actions to be brought.
• Mediated a multi-plaintiff sexual assault case involving numerous students who alleged abuse by a school coach. The coach was criminally charged with multiple felony counts and served a prison sentence. As part of the resolution, the mediator determined the allocation of settlement funds among all plaintiffs.

Premises Liability

• Mediated a personal injury action involving claims for damages arising from an elevator accident.
• Mediated a premises liability action involving a hotel patron who sustained personal injuries allegedly due to the hotel's failure to provide adequate security.
• Mediated a personal injury case involving allegations that a defective chair collapsed, causing back and neck injuries to the plaintiff.
• Mediated a personal injury case involving a trip-and-fall over an allegedly decorative rock encroaching onto a public sidewalk. Claims included negligence per se and invasion of privacy.
• Mediated a complex personal injury action involving significant issues, including a large workers’ compensation lien and claims of employer negligence. Settlement was further complicated by contractual indemnification disputes among the landowner, franchiser, and franchisee, resulting in insurance coverage challenges.
• Mediated a personal injury case involving a student who was struck on the head by a chair thrown from a balcony at a public school. The student sustained lacerations and alleged a traumatic brain injury (TBI). Liability was denied, and the extent of the TBI was contested.
• Mediated a personal injury case in which the plaintiff tripped and fell down a staircase, sustaining multiple injuries. The plaintiff, a tenant, alleged he was employed as the property’s handyman in exchange for partial rent forgiveness and weekly cash payments. The landlord denied an employment relationship, though several facts challenged that position. The landlord lacked workers’ compensation insurance and was defended under a reservation of rights in his general liability policy. Insurance coverage would have been unavailable if the plaintiff prevailed at trial on the employment issue.
• Mediated a personal injury case in which the plaintiff alleged exposure to carbon monoxide poisoning due to a malfunctioning heater in his apartment following repairs. The plaintiff awoke to smoke in the unit and was diagnosed with carbon monoxide exposure at the emergency room. Three years after the incident, the plaintiff continued to report ongoing cognitive impairments.
• Mediated a personal injury case arising from an altercation between patrons on a nightclub dance floor, resulting in injuries to two individuals. Key issues included the adequacy of security staffing and response time, allegations of overcrowding, and whether gang-related activity contributed to the incident.
• Mediated a personal injury case involving a special needs student injured in a school playground accident. Liability was admitted, and the student sustained some facial scarring. The primary dispute centered on whether the incident exacerbated the student’s preexisting emotional and psychological conditions.

Workers Compensation

• Mediated a complex industrial accident case involving severe personal injuries sustained at an oil refinery. Key issues included whether a leased employee qualified as a special employee; allegations that a defendant made misrepresentations in an insurance application potentially invalidating coverage; and workers’ compensation disputes involving credits for future medical care.

Wrongful Death

• Mediated a wrongful death case involving an employee killed in the course and scope of employment by a third-party commercial vehicle. The defense tendered a $4 million policy to be distributed among the decedent’s survivors, including four adult children from a first marriage, one child from a second marriage, the third wife, and the workers’ compensation carrier asserting a subrogation claim. Successfully resolved competing interests among diverse and conflicted parties through mediation.
• Mediated a wrongful death case arising from a freeway collision in which the decedents struck a big rig truck parked in a gravel area adjacent to the highway without hazard lights activated. Toxicology reports indicated the decedent driver had methamphetamine in his system, raising contributory fault issues.
• Mediated a wrongful death case in which the plaintiff, the decedent’s mother, had previously settled with a nightclub and its bouncer and was pursuing claims against the driver of a vehicle that fatally struck the decedent. The incident occurred after the decedent was punched by the bouncer, causing him to collapse onto the sidewalk with his head extending into traffic. The defendant driver had a minimal insurance policy, which was tendered immediately. Although the defendant lacked visible means of support, a settlement was crafted involving monthly payments over a seven-year period.
• Mediated a personal injury case involving the wrongful death of an elderly father resulting from a truck-versus-bicycle collision. The decedent was hospitalized for approximately one week prior to his passing, raising issues related to pre-death pain and suffering.
• Mediated a wrongful death case arising from a workplace accident that resulted in the death of a father of two adult children. In addition to the heirs asserting claims against a seven-figure policy, competing claims were brought by the workers’ compensation lienholder and third parties alleging property damage stemming from the incident.