Family Business Disputes, Business Divorce Cases

• Mediated dispute involving a warehouse building originally owned by two brothers and father, with a third brother who inherited the father’s share, warehouse sold for ten times the purchase price, with dispute arising over 1031 exchange, taxable income, failure to make distributions to the third brother
• Mediated a multi-generational family partnership dispute concerning commercial real estate on a long-term lease to a commercial retail tenant. Some partners desired a dissolution or buyout while others preferred the income from the long-term lease with a sale at the end of the lease term.
• Mediated family business dispute involving a mobile home park in San Jose, where one group owned the land and improvements while the other group owned the rental business and had mobile home leases based on a 50% tenancy in common. The land-owning group sued for a portion of the rental proceeds for on various real property law grounds.
• Mediated family business and corporate governance dispute among various family members over management of freight delivery and broker businesses as well as breach of contract concerning sale of shares by father.
• Mediated family business dispute between a brother and a sister and her two daughters arising from a loan that was used as a capital contribution to a third party, later repaid with the proceeds purchasing a home that was ultimately transferred to the daughters, alleged to be a fraudulent transfer.
• Mediated creditor claims by a brother for damages and judgment lien against a revocable trust and the estate of his sister based on failure to pay balloon payment on sale of real estate.
• Mediated family business dispute between a brother and a sister and her two daughters arising from a loan that was used as a capital contribution to a third party, later repaid with the proceeds purchasing a home that was ultimately transferred to the daughters, alleged to be a fraudulent transfer.
• Mediated business divorce case alleging breach of fiduciary duty, accounting and partition among siblings involving a family business established by their deceased father, in a trust soon to expire which would establish them as tenants in common.
• Mediated business divorce between two sisters who co-owned a multi-family rental real estate as reflected in deeds. They dispute the percentage ownership of the property, the disposition of proceeds from a refinancing of the property, the receipt of rent and payment of expenses over an 18 year period. The claims were for fraud, breach of contract, unjust enrichment, and resulting and constructive trust.
• Mediated business divorce dispute concerning a family owned retail business, alleging dissolution, accounting, fraud, breach of fiduciary duty and conversion.
• Mediated family business dispute arising from an alleged working capital loan and note which defendant claimed was a sham only requiring interest payments but no repayment of principal.
• Mediated family business dispute involving partition claim by two sisters against their sister on a family business rental property and cross complaint for quiet title, negligence and breach of fiduciary duty.
• Mediated a business divorce case alleging fraud and breach of contract arising from incomplete investment in a retail business, with the investor taking over the operations but failing to complete the purchase and close escrow. The business was taken back and resold. Both parties brought claims seeking return of funds.
• Mediated a business divorce dispute concerning a family owned retail business, alleging dissolution, accounting, fraud, breach of fiduciary duty and conversion.
• Mediated a business divorce based on breach of contract and unfair business practices relating to aborted investment in a retail business, and a breached termination agreement.
• Mediated a business divorce case arising from a failed restaurant venture leading to competing claims of breach of contract, breach of fiduciary duty, fraud, conversion, embezzlement and theft.

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