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John G. Dooling - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Practice Areas
  • Full Description
  • Result
  • Scaffold; General Contractor; Swing Stage Scaffold
  • California Superior Court, County of San Francisco
  • Defendant General Contractor
  • Catastrophic/Personal Injury
  • Defended a general contractor in a lawsuit in which the plaintiff was injured while walking on a sidewalk in a commercial district of San Francisco when she was hit by a wood plank that fell from the canopy of a scaffold 20 feet above. The plank was part of the canopy, but was dislodged when the employees of the sub-contractor that supplied a swing stage scaffold (akin to a window washer's rig) were moving the swing stage from one drop to the next, hitting the plank with one of the swing stage's casters. The plaintiff suffered a fractured clavicle and a T8 burst fracture, and filed suit against the property manager, the scaffolding subcontractor, the swing stage scaffolding subcontractor and our client,  seeking damages far in excess of $1 million.

  • The matter settled shortly before trial, with our client contributing less than one-third of the settlement amount.

  • Commercial Leasing
  • Bay Area
  • Sprint PCS
  • Real Estate
  • Represented Sprint PCS in the leasing of hundreds of cell sites in various commercial locations in the San Francisco Bay Area.  Work included due diligence, lease negotiation and preparation and interaction with planning departments and city councils.

  • Enforcement of Water Rights Under Real Estate Purchase Agreement
  • Napa County Superior Court
  • Plaintiff Winery
  • Real Estate
  • Represented the owner of a winery in a breach of contract action against a large commercial winery who refused to abide by the terms of a well-sharing agreement.

  • Matter settled favorably as to our client at mediation, resulting in a new well-sharing agreement.

  • Professional Negligence
  • Alameda County Superior Court
  • Real Estate Broker and it agent
  • Professional LiabilityReal Estate Agents and Brokers
  • Represented a real estate broker and its agent in a professional negligence action filed by the buyers of a high end home in the East Bay. The agent double-ended the transaction.  The case involved allegations of negligence, misrepresentation and concealment.

  • The case settled for nominal amount at a mandatory settlement conference.

  • Partition Action
  • San Mateo County Superior Court
  • Co-Owner of Residential Property
  • Real Estate
  • Prosecuted a partition action relative to a residential property owned by co heirs of an estate.

  • The case was quickly resolved with the co-owner agreeing to place the property on the market. The property was quickly sold and the proceeds were  split accordingly.

  • Nondisclosure, Fraud
  • Contra Costa County Superior Court
  • Purchasers of Real Property
  • Real Estate
  • Represented the purchasers of a residential property who discovered multiple and significant Code violations not disclosed prior to the close of escrow.  Sought and was able to enforce a rescission remedy.

  • The sellers purchased the property back from the buyers at the purchase price and paid for the purchaser’s attorney’s fees and all costs related to the transaction.

  • Commercial Real Estate Transactions
  • San Francisco, California and Nevada
  • Real Estate Development Company
  • Real Estate
  • Currently represent a development company who regularly buys, sells, leases and develops real property in California and Nevada.

  • Secured Lending, Usury, Promissory Note, Security Agreement, U.C.C., Malpractice
  • County of San Francisco Superior Court
  • Defendant private lender
  • Business And Commercial LitigationContract/UCCLawyersProfessional Liability
  • Represented limited partnership, managing general partner (a limited liability company), and the managing member of the limited liability company in action by plaintiff lender to recover on a promissory note.  Tried defendants’ rescission defense to the court and prevailed, resulting in no personal liability for the managing member and plaintiff abandoning his claims against the other defendants through settlement.  Plaintiff lender had also been the defendants' attorney in several prior lawsuits.

  • A defense verdict on our affirmative defense for rescission of the promissory note and security agreement, resulting in a settlement in which plaintiff abandoned his remaining claims.

  • Workout of Large Private Commercial Loan
  • Sonoma County
  • Owner and Operator of Large Horse Facility in Sonoma County
  • Represented the buyer/borrower of an equestrian center in Sonoma County in the successful complex workout of private first and second deeds of trust and promissory notes.

  • Achieved a successful workout.

  • Non-Disclosure; Professional Negligence; Construction Defect
  • JAMS San Francisco, CA
  • Defendant Testing & Inspection Firm
  • Professional LiabilityReal Estate
  • Defended a testing and inspection firm in an action for non-disclosure and construction defect. Our client provided periodic special inspection and testing on an extensive re-model of a $6.5 million home in the Pacific Heights neighborhood of San Francisco.

     

  • A favorable result was reached at mediation before Bruce Edwards of JAMS.