The Law Office of Harold D. Thompson was able to secure a confidential six-figure settlement against a residential landlord for personal injuries, property damage and rent abatement stemming from various habitability violations and for maintaining a nuisance.
Our client: Family of 4 (Two adults and two children)
Personal Injuries: Exposure to elevated mold levels for 1 year which caused severe allergic type symptoms, gastrointestinal issues, insomnia and skin irritation. Landlord was shown to have know about water intrusion prior to Plaintiffs' tenancy.
Experts: Plaintiff - Dr. Ronald Simon and Cristine Springer of Environmental Testing and Technology
Defendant - Dr. James Seltzer and Dan Baxter of Indoor Environmental Monitoring
Result: Confidential low six-figure settlement at mediation with Robert Kaplan, Esq.
Tuesday, November 11, 2008
Don't Forgo Your Right To Attorney Fees In A Mold Case
Generally. if you are a party to a residential purchase agreement or lease in order to recover attorney fees under the agreement, a party cannot commence litigation before attempting to resolve the matter through mediation.
There is a strong public policy in favor of mediating mold litigation cases. In mediation, a neutral third party analyzes the strengths and weaknesses of each party's case, works through the economics of litigation with the parties, and otherwise assists in attempting to reach a compromise resolution of the dispute. The public policy of promoting mediation as a preferable alternative to judicial proceedings is served by requiring the party commencing litigation to seek mediation as a condition precedent to the recovery of attorney fees and the parties resorted to mediation, their dispute may have been resolved in a much less expensive and time-consuming manner.
If one party requests mediation prior to commencing litigation in a mold case and the other party refuses, the refuses party loses his/her right to recover their attorney fees at the conclusion of the case. By way of example, the Court in Lange v. Schilling (2008)
163 Cal.App.4th 1412 noted emphasized the devastating effect this could have on the refusing party. In Lange, the Plaintiff spent more the $113, 000.00 in order to recover a judgment of $13,000.00. When the Lange plaintiff requested his attorney fees the court noted that he did not request mediation prior to commencing the case. The economic inefficiency of this result may have been avoided if, prior to judicial proceedings, a mediator had explained to the parties the costs of litigating the dispute through to a judgment or a final resolution by an appellate court. The Court of Appeal denied Plaintiff's request for attorneys fees.
If you are concerned about the conditions by which you can recover attorneys fees in a mold case contact The Law Office of Harold D. Thompson at (619) 615-0767 or adt@thompsonlawsd.com
There is a strong public policy in favor of mediating mold litigation cases. In mediation, a neutral third party analyzes the strengths and weaknesses of each party's case, works through the economics of litigation with the parties, and otherwise assists in attempting to reach a compromise resolution of the dispute. The public policy of promoting mediation as a preferable alternative to judicial proceedings is served by requiring the party commencing litigation to seek mediation as a condition precedent to the recovery of attorney fees and the parties resorted to mediation, their dispute may have been resolved in a much less expensive and time-consuming manner.
If one party requests mediation prior to commencing litigation in a mold case and the other party refuses, the refuses party loses his/her right to recover their attorney fees at the conclusion of the case. By way of example, the Court in Lange v. Schilling (2008)
163 Cal.App.4th 1412 noted emphasized the devastating effect this could have on the refusing party. In Lange, the Plaintiff spent more the $113, 000.00 in order to recover a judgment of $13,000.00. When the Lange plaintiff requested his attorney fees the court noted that he did not request mediation prior to commencing the case. The economic inefficiency of this result may have been avoided if, prior to judicial proceedings, a mediator had explained to the parties the costs of litigating the dispute through to a judgment or a final resolution by an appellate court. The Court of Appeal denied Plaintiff's request for attorneys fees.
If you are concerned about the conditions by which you can recover attorneys fees in a mold case contact The Law Office of Harold D. Thompson at (619) 615-0767 or adt@thompsonlawsd.com
Friday, October 31, 2008
Why New Homes Are "Moldier"
New homes are said to be "moldier" than homes constructed 20 to 30 years ago. This is because new home construction design and the building materials used can be more conducive to toxic mold growth and infestation. For example, so-called "fake stucco" constitutes an excellent source of nourishment for toxic mold, particularly when wet. Current insulation techniques can trap moisture behind walls. In addition, today's homes (and office buildings) are more airtight, with the result that air-conditioning and heating systems often re-circulate air that has been contaminated with toxic mold spores.
Sunday, October 26, 2008
How Much Is Too Much?
A lot of our clients call after obtaining a mold report and what those test results interpreted. Do I have a mold problem?
Mold cases prove difficult due to some very practical limitations. Generally, there have been limited studies on the inhalation, rather than ingestion, of mold. Further, there have been limited studies on the effects of low level, habitual exposure to mold spores. Finally, indoor air sampling can be somewhat erratic given molds volatile nature.
Generally, when evaluating a mold case, we tell our clients to look for the following basic guidelines:
1. Indoor air count of a particular type of mold exceeds 100 CFUs/m2
2. The indoor air count is greater than the outdoor air count
3. There are molds present indoors that are not present outdoors
4. There type of mold found indoors is generally considered allergic
If you believe you are having health problems due to exposure to mold, we highly recommend you contact a certified industrial hygienist. We have a list of contacts at our office if you are unsure who to call.
Mold cases prove difficult due to some very practical limitations. Generally, there have been limited studies on the inhalation, rather than ingestion, of mold. Further, there have been limited studies on the effects of low level, habitual exposure to mold spores. Finally, indoor air sampling can be somewhat erratic given molds volatile nature.
Generally, when evaluating a mold case, we tell our clients to look for the following basic guidelines:
1. Indoor air count of a particular type of mold exceeds 100 CFUs/m2
2. The indoor air count is greater than the outdoor air count
3. There are molds present indoors that are not present outdoors
4. There type of mold found indoors is generally considered allergic
If you believe you are having health problems due to exposure to mold, we highly recommend you contact a certified industrial hygienist. We have a list of contacts at our office if you are unsure who to call.
Tuesday, October 21, 2008
Welcome!!
This is attorney Anthony Thompson from the Law Office of Harold D. Thompson. A majoirty of our practice is devoted to representing tenants, property owners and employees in the prosecution of mold cases involving injury to persons or property.
Mold is becoming a big problem, especially in San Diego County. The purpose of this blog is to keep you informed on the latest news and trends related to the profiliferation of our little (but potentially dangerous) fungal friend.
Of course, if have questions about anything you read here I would encourage you to call me or visit our website at www.thompsonlawsd.com
Mold is becoming a big problem, especially in San Diego County. The purpose of this blog is to keep you informed on the latest news and trends related to the profiliferation of our little (but potentially dangerous) fungal friend.
Of course, if have questions about anything you read here I would encourage you to call me or visit our website at www.thompsonlawsd.com
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